K.V.S. Ganesharajan
Attorney-at-Law
The sea and its coastal areas provide food security, jobs and livelihoods to many people and also has become a main source of energy and natural resources. Many sectors such as fishing, the shipping sector and tourism thrive through the marine environment which helps increase the revenue and economic growth of the country. Sri Lankan nationals rely on the fisheries industry for their daily consumption. Nevertheless, the government of Sri Lanka has allowed other States to engage in fishing and other related activities in their territorial sea. The territorial sea of Sri Lanka is constantly challenged by different States and has led to many unfavourable consequences. Therefore, it is essential to understand and analyse the laws and regulations relating to foreign fishing boats and related activities within the territorial waters of Sri Lanka. Against this backdrop the paper intends to examine the role of the Fisheries (Regulation of Foreign Fishing Boats) Act, No. 59 of 1979 in protecting the territorial sovereignty of Sri Lanka and safeguarding marine bio-diversity. To this end the paper employs a black letter approach and international comparative methodology whereby the constitution, legislations, international conventions, treaties and agreements constitute primary sources and the scholarly articles on the topic constitute secondary sources.
The findings indicate that the subject Minister, authorised officer and the judiciary are vested with powers in protecting the territorial waters and thereby safeguard January 2024 the livelihoods of fishermen and those dependents of the sea. The paper concludes that the existing enactments ensure that activities do not hinder the fishing activities of locals nevertheless many changes could be brought to the existing enactments which safeguard the rights and livelihoods of nationals and building a harmonious relationship with other States.
Leave a Reply