National Coastal and Marine Resources Conservation Week in Galle
The main event of the National Coastal and Marine Resources Conservation Week and Coastal Cleanup Programme organised by the Marin Environment Protection Authority and Department of Coast Conservation and Coastal Resources Management was held in Galle under the patronage of Southern Province Chief Minister Shan Wijayalal de Silva on Friday.
The programme initiated following the Blue Green concept of President Maitripala Sirisena and Mahaweli Development and Environment was also attended by Marine Environment Protection Authority chairman Rear Admiral (Rtd) Rohana Perera and Coast Conservation and Coastal Resource Management Department director general B.K. Prabath Chandrakeerthi.
Schoolchildren and teachers, officials of the Galle district office, Galle Four Gravets Divisional Secretariat office, Southern Provincial Environment Ministry and representatives of environment organisations participated.
A cleaning programme along the beach at Devata, Galle followed the inauguration of the National Coastal and Marine Resources Conservation Week.
Source: 26/09/2016 Daily News http://www.dailynews.lk/?q=2016/09/26/local/94040
Defense and Fisheries ministries sign agreements to prevent maritime crimes
The Ministry of Defense and the Ministry of Fisheries and Aquatic Resources Development entered into multi agreements to prevent maritime crimes and curb illegal activities in the seas around the island.
Secretary to the Ministry of Defense Karunasena Hettiarachchi and the Secretary to the Ministry of Fisheries Mangalika Adhikarigama signed two agreements between the Defense Ministry and the Ministry of Fisheries at a ceremony held Tuesday evening in Battaramulla.
Under the agreement the Fisheries Ministry will seek the assistance of the Sri Lanka Navy (SLN) with the knowledge of the Defense Ministry in preventing human smuggling, drug smuggling and other illegal activities in the guise of fishing as well as fishing using illegal methods. The Navy and the Fisheries Ministry will work together to prevent such illegal activities occurring at sea.
In addition the Navy’s assistance will also be sought to educate the fishing community on identifying the maritime sea limits and to prevent fishermen from straying unaware into other territorial waters.
The other agreement was signed between the Commander of the Navy Vice Admiral Ravindra Wijegunaratne and the Chairman of the National Aquatic Research and Development Agency Dr. Anil Premaratne relating to National Hydrography and Nautical Charting in the country.
The agreement will pave the way for Naval Hydrographers to involve in national hydrographic operations and nautical charting activities, hand in hand with NARA.
As a result of the new collaboration the National Hydrographic Office will be jointly headed by the SLN and NARA and will lay a national strategy for hydrography and Nautical Charting in the future.
The new coalition expects to complete surveying of the national charting scheme concurrent with International (INT) scheme within next 2-3 years giving prominence to Electronic Navigation Charts (ENC) which will be produced for national and commercial use ensuring security of the navigation of the shipping community under the International Convention for the Safety of Life at Sea (SOLAS).
Minister of Fisheries and Aquatic Resources Development Mahinda Amaraweera, senior officials of the two ministries, senior naval officers and NARA officials were also present at the occasion.
Source : 24/06/2016 Daily FT :t: http://www.ft.lk/article/550615/Defense-and-Fisheries-ministries-sign-agreements-to-prevent-maritime-crimes#sthash.ntaQOYWJ.dpuf
LAUGFS Leisure drives cleaner coastal environment in Passikudah
LAUGFS Leisure recently organized a beach cleanup project in the Passikudah area in an effort to create awareness towards a cleaner and safer environment.
The staff of Anantaya Passikudah, the latest addition to the Anantaya luxury resort chain, teamed up and volunteered to clean the beach front in commemoration of the World Environment Day.
Speaking about this initiative LAUGFS Leisure – Director and CEO, Roshan R. Perera, remarked, “our resorts are truly committed to minimizing our environmental footprint and we continuously work towards promoting responsible and sustainable practices and preserving our natural surroundings. Anantaya Resort in Passikudah also shares these values and embraces this same spirit, which is why we have initiated this project even before the launch of the hotel”.
The increase in population, industrial activities and rapid urbanization have all had significant negative impacts on the environment, adversely affecting the rich bio-diversity of the country. The coastal areas of Sri Lanka, in particular, are affected by coastal water pollution, and preserving the rich marine environment have become areas of critical concern.
In a bid to promote responsible tourism, Anantaya resort chain has continuously focused on integrating sustainable practices throughout its operations and have initiated numerous best practices and awareness projects in its localities. Anantaya Resort in Chilaw is renowned for its ‘Eco Luxury’ concept and has been built with many energy saving and conservation measures incorporated into its design. From the use of renewable energy through its own solar and wind power generation to recycling of treated sewerage water for irrigation, the resort has taken many measures to co-exist in harmony with its natural environment.
It will also be one of the first hotels to initiate Eco-tours in Sri Lanka, whereby deploying eco-friendly hybrid and electric vehicles for excursions, as well as airport drops and pickups of its guests.
The Anantaya Resort in Passikudah, is similarly built on a theme of eco-luxury with an environmentally-friendly design and energy efficient practices inbuilt to its operations.
The soon to be launched Resort occupies an area of 15 acres which was heavily polluted and bare for a long period of time.
(Source:09/06/2016 Daily News http://www.dailynews.lk/?q=2016/06/09/business/84047)
Healthy Oceans, Healthy Planet: Cleaning up Marine Debris from Natural Disasters
IN THE USUAL HAVOC CREATED BY SCATTERED DEBRIS AFTER FLOODS, ONE MIGHT EVEN BE PLEASED IF ALL OF IT GETS WASHED OFF TO THE OCEAN, A COURSE OF ACTION OFTEN TAKEN FOR GRANTED TO REMOVE GARBAGE AND WASTE FROM COASTAL AREAS
The World Oceans Day is marked today, under the theme ‘Healthy oceans, healthy planet’; at a time Sri Lanka is striving to recover from a major natural disaster. While natural disasters cause sudden surges of ocean debris, taking tonnes of garbage from land into the ocean, it is much worse during floods, especially when populated areas adjoining the coastal belt are affected – as it did during the recent floods in Sri Lanka’s Western Province.
As the country is still struggling to overcome from the trauma in the wake of the disaster, the serious impact this has on oceans is likely to be neglected, as more immediate problems on land naturally take priority. In the usual havoc created by scattered debris after floods, one might even be pleased if all of it gets washed off to the ocean, a course of action often taken for granted to remove garbage and waste from coastal areas. However, such thinking may be counterproductive, causing long-term damages to the marine environment, leading to a situation of ‘sick oceans, sick planet’, the opposite of today’s theme.
Marine pollution due to disasters that occur in the ocean such as ship accidents, oil spills, chemical spills, etc., have been well recognized and many countries are prepared to face these at least to a certain level. Similarly, there is also awareness on marine debris from ships and various land sources. However, comparatively, the knowledge of marine pollution caused due to natural disasters on land areas is somewhat limited. Studies show that natural disasters that occur on land can lead to a heavy collection of ocean debris.
Disasters such as hurricanes, tropical storms, and tsunamis are usually associated with high winds, heavy rains, storm surges and flooding that can pull large amounts of land debris into surrounding seas. Such debris include small to large structures, household items and garbage washed off from flooded areas. Observations on such marine debris have been made after many reported cases such as Hurricanes Katrina and Rita and cyclone Sandy. National Oceanic and Atmospheric Administration (NOAA) of the USA has carried out such studies on marine pollution associated with disasters.
The 2011 tsunami in Japan and Fukushima disaster captured world attention due to the possible involvement of radiation contaminated marine debris. According to the estimates of the Government of Japan, the disaster brought over five million tons of debris into the sea. Sudden influx of debris flows caused by disasters could lead to various unfavourable outcomes such as public safety and health issues, problems for navigation due to obstruction of navigation channels and threats to marine biodiversity and ecosystems.
Studies have shown that significant amount of debris breakup into parts and get sunk in the sea, mostly in near shore areas. However, there is floating debris that could take different paths. Part of it is washed ashore sooner or later. Observations indicate some floating debris may get carried over by waves, scattering over the ocean, sometimes ending up in distant places. Depending on the nature of float, the speed and distance travelled may vary. For instance, some debris generated in Japan’s tsunami disaster has been reported in West coast of the USA. Sometimes debris could get caught up in a circular ride of currents (e.g., North Pacific Subtropical Gyre), ending up in ‘garbage patches’ where debris has accumulated. Some materials in the disaster debris could stay in the environment without being degraded for long periods of time (e.g., some types of plastics).
Disaster debris mitigation
Understanding about post-disaster surge of marine debris appears to be limited in Sri Lanka. The only occasion that it could have captured the public attention was the 2004 tsunami. However, in the midst of a large death toll, tremendous property damage and large-scale displacements, it escaped the public discussion that it deserved. The recent floods in the Western Province, especially in the Kelani River closer to its sea entrance is likely to have resulted in some influx of flood debris to the sea.
This has so far not received sufficient public attention. Mitigating disaster debris is a challenge for public agencies. It needs monitoring of debris movement and accumulation of them. If accumulated debris is causing obstructions to navigation channels or usual habitats of marine animals, actions should be taken to for their removal.
Establishing procedures for reporting of debris washed ashore is necessary and this should be followed up with a beach cleanup. Some countries have resorted to calling for voluntary public support for reporting and cleaning up. Whenever possible, recycling of some debris may be the best course of action (e.g., metal cans, plastics). To achieve success from such measures, there should be good awareness and education among the public.
Sudden influx of marine debris from disasters is a problem that involves inland areas, coastal zone and the marine environment. Hence, the problem requires an integrated approach that combines all three ‘zones’ (land, coastal zone and sea) of environment. Sri Lanka has introduced the Marine Pollution Prevention Act (MPPA) in 1981 along with the Coast Conservation Act (CCA) passed in the same year, just one year after passing the National Environment Act (NEA).
These three acts are responsible in overcoming pollution problems in the ocean, coastal zone and inland areas, respectively. Along with these acts, three national agencies, namely, the Marine Environment Protection Authority (MEPA), Coast Conservation Department (CCD) and the Central Environmental Authority (CEA) also were formed. This system was further strengthened with the introduction of Disaster Management Act (DMA) in 2005, establishing the Disaster Management Centre (DMC) as the implementation agency. Hence, the necessary legal framework and institutional arrangements are already in place to find an integrated solution. What is needed is a coordinated effort by the relevant agencies and effective enforcement.
Source : 08/06/2016 IPS (Sri Lanka)– http://www.ips.lk/talkingeconomics/2016/06/08/healthy-oceans-healthy-planet-cleaning-up-marine-debris-from-natural-disasters/
Concerns deeper than the Ocean
Life is believed to have started in the oceans. Oceans are described by scientists as the origin of life being an island nation, the ocean is never too far from us and our lives are very much linked to it. We know the beauty as well as bounty the ocean brings us. The World Oceans Day being June 8 conceived and adopted in 1982 at the Earth Summit held in Rio De Janeiro, Brazil gives an opportunity to recognize the importance of the underwater world. The law and the institutions of justice are pillars of stability in our communities, it is vital that, they remain strong and relevant in times of crisis too.
Coastal and marine resources
Sri Lanka is a small island in the Indian Ocean with a coastline of about 1,760 km. The ‘territorial limits’ of the island extend to 12 miles (19.2 km) offshore, beyond which lies the ‘contiguous zone’ under the provisions of the UN Law of the Sea. Sri Lanka has jurisdiction over an Exclusive Economic Zone (EEZ) which extends 200 nautical miles outwards from the shoreline and covers an area of over 230 000 km2 of the ocean. Along its coast line are a variety of ecosystems which include sandy beaches, rocky shores, lagoons and estuaries, mangrove stands, salt marshes and sand dunes. In the shallow waters off the coastline are found sea grass beds, coral growths and coral reefs. The other coastal ecosystems of significant importance are the mangroves and coastal wetlands. They serve as habitats for a large number of commercially important species, as food producers, run-off retainers, salt traps, water purifiers and as coastal stabilizers. Mangroves are among the few woody plants which can tolerate the undiluted salinity of the open sea. The seas overlying the Continental shelf are referred to as coastal. They support our coastal fisheries, which are the main source of marine fish production. Beyond the edge of the continental shelf is the ‘continental slope’, which descends rather steeply to the floor of the deep ocean. The waters beyond the continental edge form our ‘offshore’ ocean waters.
Marine biological resources include fishery, shrimps, lobster, crash, sea cucumber, economically valuable sea weeds, and a large number of ornamental fish.
International protection
The United Nations Convention on the Law of the Sea was adopted by the third United Nations Conference on the Law of the Sea (UNCLOS III) on April 30, 1982 after lengthy conference negotiations at which 157 Governments took part. On December 10, 1982 the Convention was signed by 119 delegations. The final Convention consisted of a preamble and 445 Articles, divided in to 17 parts and 9 annexes. It can be seen that the Law of the Sea Convention is not restricted to codifying, consolidating and reaffirming the existing international law. In addition, it establishes novel concepts such as the exclusive economic Zone (EEZ), the regime for Archipelagic State and the common heritage of man kind. Article 2 of Part II provides for the breadth of the territorial sea to be up to a limit of 12 nautical miles. Article 46 provided for the establishment of a 200 nautical mile exclusive economic Zone. Article 118 of part II introduced a new concept of Archipelagic baselines, helping to delimit the territorial sea and other zones of Archipelagic States. There are special provisions in Articles 56, 61, 62 and 119 of the UNCLOS III for conservation of the living marine resources. Article 91 of the UNCLOS III is also important concerning the rights and duties of coastal states.
Sri Lanka is a party to the Law of the Sea Convention acceded to by Sri Lanka on December 10, 1982 and exercises jurisdiction over the territorial sea, continental shelf, the exclusive economic zone and the contiguous zone in keeping with the definitions laid down in that convention.
Constitutional protection
Environmental protection has received constitutional recognition in Sri Lanka under 1978 Constitution of Sri Lanka. Chapter VI on Directive Principles of State Policy and Fundamental duties of the 1978 Constitution makes specific reference for promoting environmental well being under Article 27(14). The corresponding duty of a citizen to promote ecological security also finds expression in the Constitution under Article 28. (f)
Under the 13th Amendment enacted in 1987, powers and functions of government are categorized into three lists, namely the Provincial Councils Lists (List 1), the Reserved List (List II), and the Concurrent List (List III). Protection of the environment has been listed as a concurrent subject in List III. This means that Parliament may make laws with respect to the protection of the environment after consultation with all provincial councils, as it seems appropriate. Under List 1, the function of environmental protection within the province is assigned to provincial councils to the extent permitted by or under any law made by the Parliament.
Legislative protection
During the British period in Sri Lanka from 1796 – 1948, they paid some attention to the protection of coastal and marine resources in the country. Accordingly several relevant statutes were enacted. The Crown Lands Ordinance (1947) was enacted amongst other things to provide for the administration and control of inland waters and to define the crown’s rights in what are known as Res Publicae and Res Communes in Roman Dutch Law. The legal position regarding State control over the foreshore must now be ascertained by reference to the Crown Lands Ordinance, the Coast Conservation Act, and other Statutes regulating land use and development.
Since Independence in 1948, successive governments had extensively paid attention towards the protection of coastal and marine resources. National legislation like the Maritime Zones Act No. 22 of 1976, Fisheries and Aquatic Resources Act No. 2 of 1996, Coast Conservation Act No. 57 of 1981, Marine Environment Protection Act 2008 etc., are compatible to a great degree with the international law on the subject introduced by UNCLOS 111.
The Coast Conservation Act also defines foreshore in a slightly modified and specific manner as the ‘area of the shore of the sea between the mean high water and the mean low water mark (Section 42). Nevertheless it does not qualify the provisions of the Crown Lands Ordinance regarding the State’s right to control and manage the seashore and issue permits in respect of it.
It merely affirms that the ‘administration, control, custody and management of the Coastal Zone (a much wider area as defined in section 42 is in the Republic in Sri Lanka’). (Section 2)
The legal position regarding the sea is also a matter for international law. However, today Sri Lankan statutes contain provisions that regulate State rights and interest in respect of the sea. It is useful to briefly refer to the Maritime Zones Law No 22 of 1976 the major legislation that regulates this subject (Sections 11,12) and the Marine Pollution Prevention Act No 59 of 1981. ‘The sea’ for the purposes of our law has been defined by the Marine Pollution Prevention Act as ‘Sri Lankan waters’ (Section 37). This is defined as including specific areas of the sea around the island by the Maritime Zones Law. This law declares the extent of territorial sea and the other maritime Zones of Sri Lanka. It gives President of the Republic the power to declare by the proclamation published in the Gazette the limits of the territorial of sea of Sri Lanka, specifying the base lines from which such limits may be measured. The territorial sea is defined as the sea beyond the land and the internal waters (Section 2 (1)).
The law also provides for a similar declaration of the limits of the contiguous zone, which shall extend seawards from the outer limits of the territorial sea (Section 4). Other areas which can be declared as part of the Sri Lankan waters are ‘the exclusive rconomic zone’, and the pollution prevention zone (an area adjacent to the territorial sea, its sea bed and subsoil.
The Maritime Zones Law vests the State (the Republic of Sri Lanka) with sovereign rights in the territorial sea and its bed and subsoil. (Section 2(3)). This includes the air space above the territorial sea. The State is vested with rights over the all natural resources within exclusive economic zone. It has also exclusive right to control scientific research in this area and in regard to construction, maintenance and operation of scientific devices that are necessary for exploring and exploiting the resources of this zone or for any other purpose. It has the sovereign rights of economic use and the right to explore, exploit conserve and manage the natural resources of this zone (Section 5)2)(3)). Similar rights have been vested in regard to the continental shelf. (Section 6).
The Coast Conservation Act No 57 of 1981 by its Section 2 places the administration, control, custody and management of the coastal zone in the hands of the state. The Coast Conservation Department is the agency with authority over the coastal zone. The coastal zone is the area lying within 300 m landwards of the mean high water line and the area within 2 km seawards of the mean low water line. In the case of water bodies connected to the sea, the landwards boundary extends 2 km from the natural entrance points. (Section 42).
The Coast Conservation Act No 57 of 1981 and its amended Act No. 64 of 1988 prohibits any person to engage in a development activity within the coastal zone, unless such person is authorized by a permit issued by the Director of Coast Conservation. Section 6 of the Act provides for the appointment of a Coast Conservation Advisory Council mandated with advising the Minister of Fisheries on all development activities proposed to be commenced in the coastal zone, reviewing the Coastal Zone Management Plan (CZMP) and forwarding recommendations to the Director/ Coast Conservation.
The Marine Pollution Prevention Authority (MPPA) was established by the Marine Pollution Prevention Act No 59 of 1981. The purpose of this Act is to give effect to the several international conventions of marine pollution and civil and criminal liability to which Sri Lanka has become a signatory. The MPPA has authority over Sri Lanka waters which includes the territorial sea, contiguous zone, the exclusive economic zone, the continental shelf and pollution prevention zone as defined in the Maritime Zones Law No 22 of 1976.
The Marine Pollution Prevention Act No 59 of 1981 gives effect to the following five International Conventions:
1. The International Convention on the Prevention of Pollution of the Sea by Oil 1954, as amended;
2. The International Convention on Civil Liability for Oil Pollution Damage, 1969;
3. The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971;
4.The International Convention relating to Intervention on the High Seas in Case of Oil Pollution Casualties, 1969; and
5. The International Convention for the Prevention of Pollution from Ships, 1972 and the Protocol of 1978.
National Aquatic Research Development Agency (NARA) has been established under the Act No.54 of 1981 for development of marine resources and it handles research and some aspects of development of this subject. This is a comprehensive Act with regard to Fisheries Regulations made in 1941and 1981. National Aqua Culture Development Authority was established under the Act No. 55 of 1998.
Fauna and Flora Protection (Amendment) Act, No 49 of 1993 Provides for six categories of protect areas – among which are a marine sanctuary and natural reserve. Fisheries and Aquatic Resources Act No 2 of 1996 provides for the management and regulation of fisheries and aquatic resources in Sri Lanka and its repeals the Fisheries Ordinance No 24 of 1940, the Chank Fisheries Act No. 08 of 1953, Perl fisheries Ordinance No 2 of 1925 and the Whaling Ordinance of No. 02 of 1936.
The Marine Environment Protection Authority Act of 2008 provides for the prevention, reduction and control of pollution in Sri Lankan territorial sea, coastal areas as well as other sea areas.
The Act established the Marine Environment Protection Authority as a Regulatory body to administer the Act. The Coast Guard Department established under the Coast Guard Act No. 14 of 2009 is to implement the laws of the land and international laws on the territorial waters of Sri Lanka.
Issues and remedies
Toxic materials entering coastal areas and territorial and seas result in coastal erosion and destruction of fish nursery areas. Hence, the global marine environment in the territorial sea is increasingly threatened by inter alia, over fishing, global climate change, habitat modification and destruction of it.
Sea erosion induced by river sand mining, and population pressure resulting from more people finding livelihoods and employment in coastal areas, as well as a booming tourist industry that has exceeded the carrying capacity in several locations causing extensive damage to the critical ecosystems, have led to substantial lowering of the protective and buffering capacity of the habitats of the coastal zone.
The magnitude of devastation resulting from the tsunami that Sri Lanka and several other Indian Ocean countries experienced awakened authorities, civil society, and all other organised groups to the reality of observing the level of unpreparedness, either to face and mitigate such calamities, or manage an expedient recovery plan.
Coral reefs in the territorial sea should be declared as bio reserves and should be further protected. Strict marine resource laws should be enacted by all tropical countries to prohibit coral reef mining for building or other purposes. The territorial sea bed drilling has a harmful impact on territorial sea marine resources. Therefore territorial sea drilling in sensitive coral reef areas has to be totally banned. Oil tanker shipping routes must be specified to avoid coral reef areas and other marine resources in the territorial sea.
The oil spill is very dangerous to living biological marine resources in the territorial sea. Safety standards of ships, vessels seaworthiness and harbour rules and regulations should be introduced under the Shipping Law and heavy penalties have to be imposed on polluting vessels in the territorial sea areas.
At this stage it should also be pointed out that the scope of State’s rights in the Coastal and Marine resources as well as natural resources of Sri Lanka are not absolute rights. In fact, the President of the Republic of Sri Lanka, being the Head of State of Sri Lanka, serves not as an owner but only as a ‘custodian’ of all natural resources of the country inclusive of coastal and marine resources.
Source : Daily News ( Sri Lanka ) http://dailynews.lk/?q=2016/06/06/features/83773
Sri Lanka to declare fish habitats as protected zones
Sri Lanka intends to better protect fish habitats around the island by declaring them as protected zones in order to safeguard the resources for the future, said Udaya Senevirathne, Secretary to the Ministry of Mahaweli Development and Environment.
Government policy is to ensure the sustainability of marine resources for economic development and conservation, he told the 8th GEF Biennial International Waters Conference that began in Sri Lanka on Monday.
“We hope to protect fishing areas around the island to practice sustainable fisheries, and declare some fish habitats that contain fisheries resources for the future as protected zones.”
Senevirathne said Sri Lanka is party to the Bay of Bengal Large Marine Ecosystem Project.
“The Bay of Bengal is an important source of food and income for Sri Lanka.”
(Source: Date 11-05-2016 Economy Next http://www.economynext.com/Sri_Lanka _to_declare_fish_habitats_as_protected_zones-3-4945-9.html)