Turtles Dying On The Tamil Nadu Coast: What Is The Law On Point?

National Green Tribunal: The case so far

The Olive Ridley Sea Turtle is a protected species and falls under Schedule 1 of the Wildlife Protection Act, 1972. An Amendment in 2020 to the Tamil Nadu Marine Fishing Regulation Rules, 1983 read with a 2016 Government Order prohibits the use of mechanized fishing vessels and techniques within 5 nautical miles from the shore around the potential nesting and breeding sites of sea turtles from January to April, which is their nesting season. Further, the rules read with a Government Order passed in 2015, prohibit trawl nets from being used during the turtle nesting season without fitting Turtle Excluding Devices ('TEDs'), which enable turtles to escape the trawl net used to catch fish.

When the NGT took cognizance of the problem, it suspected that the cause of death of the turtles was primarily due to drowning by being entangled in fishing nets which are laid within 3 nautical miles from the shore, along with a lack of enforcing the use of turtle excluder devices. The Tribunal further ordered that the Fisheries and the Forest Department were required to take immediate action and file reports explaining the same. However, the report submitted revealed several inconsistencies in government action.

The NGT also impleaded the Fisheries Department and the Principal Chief Conservator of Forests of Andhra Pradesh, since it was also suspected that the carcasses of the turtles were floating from Andhra Pradesh and not dying in the Tamil Nadu Coast. In their report, they specified that no mechanized fishing boats were in operation within 400 km of the Tamil Nadu Coast from Andhra Pradesh. In its most recent order on 7 February 2025, the NGT also directed the Fisheries Department of Tamil Nadu to follow the actions taken by their counterpart in Andhra Pradesh - by confiscating the catch, and fining violators of regulations regarding TEDs and prohibition of fishing within certain nautical limits.

Addressing inconsistencies in Government Action

The report submitted by the Fisheries Department doubted the efficacy of TEDs - it referred to earlier trials conducted, where along with turtles more than 20% of commercially valuable fish escaped through the TED. It then concluded that the design standardization for TEDs is still under research, and cited the lack of availability of TEDs as a reason for the lack of enforcement of its use by all fishermen in their trawlers. It further reported that trials for using TEDs would be initiated by the Department of Fisheries, and that the proposal for funding this initiative has already been submitted.

However, the NGT accurately pointed out that this is in direct conflict with existing laws - the 2015 and 2016 GOs , as well as the Tamil Nadu Fishing Regulation Rules mandating the use of TEDs in certain circumstances to protect turtles and their breeding sites. TEDs were already mandatory - to doubt their efficiency and initiate 'trials' for using them only points out a glaring contradiction in the Government's orders and actions so far for turtle conservation. Essentially, it shows that the trials to ensure the efficacy of TEDs have not been conducted for ten years. Such an issue could have gone entirely unnoticed if not for the growing number of deaths of sea turtles catching the attention of the National Green Tribunal.

It is to be noted that an indigenous model of the TED was developed by the Central Institute of Fisheries Technology (CIFT), Kochi to accommodate the trophic multispecies trawl fishing methods that are commonly utilized in India. This was done following trials conducted by CIFT from 1995 to 2000 using the imported Super Shooter-type TED of US origin, which was revealed not to be effective in Indian conditions. Super Shooter-type TEDs led to a loss of catch ranging from 43- 13% depending on where the exit hole was located and thus was not acceptable to Indian trawler owners and fishermen despite being successful in excluding turtles. The TEDs commonly utilized in countries like the USA and Australia are effective in shrimp trawling but lead to high rates of loss of catch in Indian fisheries where trawling is not restricted to a single species.

Keeping this in mind, CIFT went on to develop the CIFT-TED, an indigenous model that showed only 2-10% loss of catch while shrimp, which was economically the most important component of the catch, showed only a meager loss of 0.5%. Furthermore, the CIFT-TED was designed to be constructed and installed with minimal training and locally available resources at a maximum of Rs. 2500, which makes it viable in India.

Therefore, it is unfounded to refrain from enforcing TED mandates, citing reasons such as the non-availability of TEDs or the lack of findings regarding the efficacy of TEDs in the Indian climate when decades-worth studies and trials are demonstrating the opposite. The CIFT-TED project also reveals that there may not be a single TED design suitable for all conditions. Though the CIFT-TED may be effective in typical Indian circumstances, further variations can always be developed based on the specific needs of that location, its environment, and the needs of the fishermen. Thus, it is not necessary to introduce a standard TED model to enforce the mandate. Furthermore, a single model may discourage trawler owners and fishermen from utilizing TEDs as it may not accommodate their specific needs and lead to loss of catch.

Nevertheless, it cannot be overlooked that a standard TED design allows for a more streamlined checking for compliance with the mandate. Given the ongoing trend of turtle deaths and the failure to conduct efficacy trials for over a decade, an indefinite delay is perilous. A balanced approach would be for the Fisheries Department to provide a list of TED models that have been proven suitable for multispecies fishing, allowing fishermen the flexibility to choose the one that best fits their operational needs as opposed to using the lack of a single uniform design as a basis for non-enforcement. Over time, through continuous use and shared experiences, fishermen may organically establish their own norms regarding the most suitable TED designs. Use of the CIFT-TED can be encouraged as an interim solution while simultaneously conducting trials to expand the list of scientifically validated TED designs.

Understanding the Larger Picture

Following the developments at the NGT, the Tamil Nadu government withdrew subsidies for 100 fishermen who fished within the 5 nautical mile zone from the coastline. This decision came as a huge blow to the fishermen and trawl owners who according to a news article by the Times of India have expressed deep respect and reverence for the sea turtles. They have realized that sea turtles being caught in their nets damages their equipment and costs a substantial sum to repair. Thus, they have taken measures not to harm sea turtles. Fishermen also feel resentment due to their belief that the cause of the sea turtles' deaths was not properly investigated and other factors such as pollution were not seriously considered before taking such a drastic, hasty, and unfair step.

Furthermore, fishermen's resistance to TEDs has been reported, claiming that it significantly reduces their catch despite evidence to the contrary and regular awareness campaigns by NGOs. This reveals that the nature of this problem is complex and cannot be resolved without truly understanding the needs of the local communities directly affected by such policies and decisions. Fining and confiscation (as done in the case of Andhra Pradesh, which the NGT has now directed the Tamil Nadu Government to also follow) of the entire catch does not serve the purpose of conservation as such one-dimensional measures only go so far. Given the reliance of the local fishermen on fishing for subsistence and their basic income, such actions are at best not solving the problem in the short-run, and at worst, further impoverishing the fishermen in the long-run.

Awareness campaigns are simply a band-aid on the wound. They result in one-sided communication of information to the fishermen based on the assumption that they are not aware without appropriately inquiring and understanding their needs. Thus, the enforcement of the TED mandate and fishing ban within the 5 nautical mile zone cannot be effectively done without grassroots-level consultations by harmoniously interacting with the communities affected by such policy decisions. Such consultation would help ascertain the correctness of the preservation measures taken so far, as well as to ensure enforcement by making the necessary modifications.

Solutions utilized in other parts of India

An example of successful community-based conservation can be seen at Rushikulya in Odisha where the highest mass-nesting event of Olive Ridley sea turtles in the state was recorded in this year's nesting season. The Rushikulya Sea Turtle Protection Committee established in 1996 has worked tirelessly over 2 decades to sensitise fishermen to develop their understanding that marine species such as sea turtles which feed on jellyfish increase the population of fish which in turn supports their livelihood. The Odisha government's one-time incentive of Rs 15,000 to around 3,662 families in place of the seven-month fishing ban along the Rushikulya coast has also reinforced the fishermen's confidence and allowed them to adopt alternate livelihood options during the turtle nesting season. In Goa too, joint management of nesting sites at the Morjim beach in Goa by the local people and the wildlife department has instilled confidence and accountability in the people. Furthermore, traditional fishermen can be permitted to fish with non-lethal gear and non-mechanized vessels.

International Conservation Measures

Nest adoption programmes are a form of eco-tourism that support fishermen's livelihood by allowing tourists and other members of the public to purchase nests from them and obtain a certificate of ownership or adoption for the same. Such programmes have been successfully implemented in Bali, Indonesia; Pulau Redang, Malaysia; and in Thailand.

Long-term community-based monitoring of the sea turtle population in Baja California, Mexico was vital in examining the success of conservation measures. It helped integrate local communities with the cause of action as well as capitalize on their traditional knowledge regarding the sea and marine life. Volunteer conservation programmes in Tortuguero National Park and Gandoca Manzanillo Wildlife Refuge in Costa Rica served as a specialized form of eco-tourism and helped generate funds for conservation and local development without the negative effects typically associated with mainstream eco-tourism, which culturally and socially harms local communities. Encouraging local participation through the establishment of Survival Committees consisting of local communities in all coastal villages was the key determinant of the success of turtle conservation and by-catch reduction efforts in Benin. The creation of locally-operated turtle-watching ventures with turtle guide training programmes to equip locals to run the ventures has proven to be an effective alternate employment for fishing locals in Grenada, West Indies.

The introduction of financial incentives to the locals for successful turtle conservation proved to be an efficient long-term strategy to change local attitudes toward turtle conservation and improve compliance with the laws in Mafia Island, Tanzania considering that Tanzania is one of the poorest countries in the world.

Such examples demonstrate the effectiveness of holistic conservation programmes that engage local communities and enrich all facets of their lives including social, economic, financial, political aspects. Translating such measures to the Indian context would involve engaging local-level institutions in decision-making by constituting advisory committees and utilizing their recommendations to shape policy decisions to help navigate how to introduce incentives as well as to initiate eco-tourism programmes.

The Way Forward

Hearings regarding this case are still ongoing before the NGT. The NGT has taken a critical view of the Tamil Nadu Fisheries Department's actions regarding the conservation of sea turtles. The NGT's suo moto recognition of the case through a newspaper report demonstrates its promptness and willingness to take initiative, as well as the active role of civil society in shaping conservation efforts in India.

However, the NGT's sole focus has been on the conservation of sea turtles to the extent that the larger picture involving the welfare of the fishermen was not given enough attention. Ultimately, local communities and fishermen are those who play a direct role in conservation efforts and are the primary stakeholders in the enforcement of conservation legislation. In essence, the welfare of the fishermen will naturally and eventually translate to effective enforcement of regulations. Several such measures were suggested in this article based on other parts of India as well as global practices.

Despite the tragedy that ensued on the beaches of Chennai for both the sea turtles as well as the fishermen, there is still a light of hope with organizations like the Students Sea Turtle Conservation Network working towards conserving turtles and raising awareness. Increased mass-nesting at Rushikulya as well as long-term studies indicating a gradual growth in sea turtle populations have shown the result of decades of conservation efforts. Therefore, we remain hopeful that the NGT's decision regarding the case reinforces the positive developments regarding the conservation of Olive Ridley sea turtles.

Views are personal.