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Sanctuary Asia, June 2019 27
Oyster beds provide livelihoods to local hand-pickers, particularly fi sherwomen.
acknowledge the existence of fi shing practices in the shallow
waters of the Island City. However, a study by the Collective
for Spatial Alternatives (CSA) documented intertidal and
shallow water fi shing practices, and a survey report by
the Central Marine Fisheries Research Institute (CMFRI)
showed the existence of Oyster beds provide livelihoods
to local hand-pickers, particularly fi sherwomen. The CMFRI
report also acknowledged the presence of juveniles of
some commercially important species of fi sh in near-shore
areas, claiming that these acted as a nursery for juveniles.
When challenged with these facts, the BMC insisted that
the fi sher-folk could be compensated or should transition to
deep sea fi shing.
Theirs is a way of life that is synchronous with tidal
rhythms and sensitive to seasonal variations. They practice
self-imposed customary prohibitions to fi shing activity
in certain seasons; as they fi sh close to the shoreline,
and rarely move beyond it, they are also responsible
and concerned about maintaining the health of coastal
ecosystems. They thus feel that it would be both unviable
and unsustainable for them to transition to deep sea fi shing.
The Coastal Road Project, which necessitates reclamation
and intensive construction activity in the foreshore and
near-shore areas will irreversibly damage the coastal
ecosystem, and thereby dispossess the artisan fi shing
community of their traditional occupations, depriving them
of their cultural rights.
Shweta Wagh is a teacher and urban
researcher with the Collective for Spatial
Alternatives (CSA), a planning and advocacy
collective. Her research investigates the
relationships between coastal communities
and their livelihood commons.
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MARINE - INTERTIDAL BIODIVERSITY:
LEGAL ASPECTS
The Coastal Road is proposed within CRZ-I A and B zones that
provides policy protection of sensitive marine biodiversity like
corals and coral reefs, mangrove habitats, nesting bird sites within
these coastal zones, especially the intertidal areas. The intertidal
areas under coastal policy of the Coastal Regulation Zone
Notifications (CRZ) 2011, are coastal areas demarcated between
the High Tide Line and Low Tide Line. Most CRZ-I A species are
protected under the notification are found only in the CRZ-I B
areas, the area between the High Tide Line and Low Tide Line.
The Coastal Road Project that reclaims the intertidal zones of
Mumbai’s coast therefore violates the coastal policy provisions
and contradicts the rationale of the need to protect intertidal
coastal zones of the city and India’s coastline as a whole..
Based on the Public Interest Litigation filed by Vanashakti in
April 2019, the legal loopholes identified on which the petition
aims for legal protection of the marine-intertidal biodiversity:
1) There is no specific study on the number of species found in
the intertidal zones of Mumbai. However, a collective ‘Marine
Life of Mumbai’ has documented independent expert sightings
of around 320 marine species found in intertidal zones on
iNaturalist. Another independent study by Sagarshakti (Marine
and Coastal research division of Vanashakti) found 36 marine
species on a four hour - two day shore-walk survey at Worli’s
intertidal rocky shores. No public funded body has undertaken
any study on the total number of species and their habitat
existing on the city’s shores.
2) No baseline data is available even on the IUCN list for such
marine-intertidal species, which have been found abundantly
on Mumbai’s shores. Reclamation poses an extinction risk to
all these species in Mumbai’s coastal intertidal shores.
3) The petition in its legal demands requests the scientific
study and impact assessments, specific to these species
found in the proposed intertidal areas to be reclaimed
for the coastal road, to be conducted before the project
reclaims and irreversibly destroys these sensitive
coastal habitats.
4) Corals and Gorgonians, which are found on Mumbai’s
rocky shores are under Schedule I of the Wildlife
(Protection) Act, 1972..
5) Sponges and molluscs, which are found in Mumbai’s
intertidal shores are also mentioned in the Wildlife
(Protection) Act, 1972 among other schedule species.
SHWETA WAGH
SEJAL MEHTA
y
A Gorgonian sea fan.
Sanctuary Asia, June 2019