Legal Firm to develop strategies for incorporating coastal and marine biodiversity conservation considerations into sector policies and guidelines of production sectors in the EGREE
Government of India, with UNDP as the lead agency, is implementing a Global Environment Facility (GEF) supported project - “Mainstreaming Coastal and Marine Biodiversity Conservation into Production Sectors in the Godavari River Estuarine Ecosystem, Andhra Pradesh”. The project focuses specifically on removing the key barriers to mainstreaming environmental management considerations into major production activities that are impacting the Godavari region, with special focus on Coringa Wildlife Sanctuary. The main components of the project include: a) Sectoral mainstreaming including knowledge management for coastal and marine biodiversity conservation; b) Institutional Capacity Development; and c) Sustainable Community Livelihoods and Natural Resource Use in the Godavari River Estuary.
To promote conservation and sustainable use of biodiversity, India has extensive laws and policies and the most relevant policies and legislation from this project’s perspective are the Biological Diversity Act of 2002, National Forest Policy of 1988, Indian Forest Act of 1927 and related state legislation, Forest (Conservation) Act of 1980, Wildlife (Protection) Act of 1972, Environmental (Protection) Act of 1986, Marine Fishing Policy of 2004, and the Joint Forest Management orders and rules promulgated by both the Government of India and the States.
Other state legislation relevant to coastal and marine biodiversity includes the Andhra Pradesh Marine Fishing Regulation Act of 1994, adopted under the national Marine Fishing Regulation Act of 1978, which provides for protection, conservation and development of fisheries in Andhra Pradesh. The Act also regulates mesh size, gear and reservation of zones for different fishing sectors and aims to protect the interest of traditional fishermen and their crafts. The Andhra Pradesh Pollution Control Board Norms ensure compliance with the Environmental (Protection) Act, 1986 (EPA) regarding standards for controlling water and other forms of pollution. Given the situation wherein more ports are coming up, the establishment of an Andhra Pradesh Maritime Board is also envisaged.
Further, the production sectors operating in the coastal zone are regulated by a number of laws, of which the most significant is the Coastal Regulation Zone (CRZ) Notification of 1991 and 2010, promulgated under the EPA. The 1991 notification restricts and controls development activities within a landward distance of up to 500 meters from the high tide line along India’s coasts. Also under the CRZ Notification, all states are required to prepare a Coastal Zone Management Plan (CZMP) and establish a Coastal Zone Management Authority. Accordingly, the CZMP for Andhra Pradesh was developed in 1996. The CRZ Notification of 2010 has identified Coringa Wildlife Sanctuary, East Godavari District of Andhra Pradesh as one of the Critical Vulnerable Coastal Areas and stipulated that an integrated management plan shall be drawn up within a period of one year keeping in view conservation and management of the mangroves and needs of local communities. The Environmental Impact Assessment Notification of 2006 aims to protect and conserve the environment through regulation of new developments taking place by ensuring environmental compliance causing least/ negligible adverse impacts on the environment. Environment Impact Assessment (EIA) has been made mandatory for all the investment and development projects in the coasts.
In this connection, as a critical step in mainstreaming biodiversity conservation into production sectors is through developing strategies for incorporating coastal and marine biodiversity conservation considerations into various sector policies and guidelines of production sectors operating in the East Godavari River Estuarine Ecosystem (EGREE), using a strategic environmental assessment approach.
Generic functions and key results expected:
· Conduct detailed desk review to assess the current status/ overview/ situation analysis of the overall relevant policies and guidelines of coastal and marine biodiversity conservation and governance situation in EGREE. The dialogue and follow-up process will be led by the EGREE Foundation;
· Review all relevant key policy, legal and institutional issues that govern / affect coastal and marine biodiversity conservation in EGREE context;
· Identify key barriers and challenges for the effective incorporation of coastal and marine biodiversity conservation considerations in different sector policies and guidelines for effective coastal and marine biodiversity management in the country in view of the relevant production sectors;
· Stocktaking of all existing activities related to the coastal and marine biodiversity conservation in the EGREE, literature review and analysis (national and international), conduct field visits to relevant sites and discussion with stakeholders;
· Review International best policies and guidelines that can be incorporated for mainstreaming coastal and marine biodiversity conservation considerations at EGREE;
· Conduct national, international and state policy survey to document best policies on environmental mainstreaming of coastal and marine biodiversity into production sector practices and operations and collate information on situations where such approach may be invoked for incorporating into polices and guidelines;
· Study existing policies and guidelines of each sector policy such as Fisheries policy, Agriculture Policy, Industrial Policy, Shipping Policy, Tourism Policy, Forest Policy and Wild Life (Protection) Act, 1972 (to ensure that it explicitly addresses the needs of coastal and marine ecosystems) and determine how they can be more explicit on the special requirements of ecologically sensitive coastal and marine areas such as EGREE;
· Identify and develop methodologies on the minimum standards that should be observed and incorporated by different economic activities in order to maintain the integrity of ecologically sensitive areas along Andhra’s coastline, such as the EGREE;
· The analytical review will be followed by a consultative dialogue involving government, non-government, communities and research institutions, in order to facilitate policy engagement and change;
· Develop strategies on how to include the recommendations into various Sector policies and guidelines;
· To build up a mandatory Environment Impact Assessment (EIA) model near the project landscape like EGREE based on the existing national environmental regulatory framework;
· Ensure that the identified Biodiversity Management Committees and potential Sacred Groves in the EGREE Region are more explicit in each sector policies and guidelines of EIA;
· Consult experts/policy makers, Government of India, Government of Andhra Pradesh, technical agencies, research institutes and conduct final workshop for presenting the draft policies and guidelines; and
Government of India, with UNDP as the lead agency, is implementing a Global Environment Facility (GEF) supported project - “Mainstreaming Coastal and Marine Biodiversity Conservation into Production Sectors in the Godavari River Estuarine Ecosystem, Andhra Pradesh”. The project focuses specifically on removing the key barriers to mainstreaming environmental management considerations into major production activities that are impacting the Godavari region, with special focus on Coringa Wildlife Sanctuary. The main components of the project include: a) Sectoral mainstreaming including knowledge management for coastal and marine biodiversity conservation; b) Institutional Capacity Development; and c) Sustainable Community Livelihoods and Natural Resource Use in the Godavari River Estuary.
To promote conservation and sustainable use of biodiversity, India has extensive laws and policies and the most relevant policies and legislation from this project’s perspective are the Biological Diversity Act of 2002, National Forest Policy of 1988, Indian Forest Act of 1927 and related state legislation, Forest (Conservation) Act of 1980, Wildlife (Protection) Act of 1972, Environmental (Protection) Act of 1986, Marine Fishing Policy of 2004, and the Joint Forest Management orders and rules promulgated by both the Government of India and the States.
Other state legislation relevant to coastal and marine biodiversity includes the Andhra Pradesh Marine Fishing Regulation Act of 1994, adopted under the national Marine Fishing Regulation Act of 1978, which provides for protection, conservation and development of fisheries in Andhra Pradesh. The Act also regulates mesh size, gear and reservation of zones for different fishing sectors and aims to protect the interest of traditional fishermen and their crafts. The Andhra Pradesh Pollution Control Board Norms ensure compliance with the Environmental (Protection) Act, 1986 (EPA) regarding standards for controlling water and other forms of pollution. Given the situation wherein more ports are coming up, the establishment of an Andhra Pradesh Maritime Board is also envisaged.
Further, the production sectors operating in the coastal zone are regulated by a number of laws, of which the most significant is the Coastal Regulation Zone (CRZ) Notification of 1991 and 2010, promulgated under the EPA. The 1991 notification restricts and controls development activities within a landward distance of up to 500 meters from the high tide line along India’s coasts. Also under the CRZ Notification, all states are required to prepare a Coastal Zone Management Plan (CZMP) and establish a Coastal Zone Management Authority. Accordingly, the CZMP for Andhra Pradesh was developed in 1996. The CRZ Notification of 2010 has identified Coringa Wildlife Sanctuary, East Godavari District of Andhra Pradesh as one of the Critical Vulnerable Coastal Areas and stipulated that an integrated management plan shall be drawn up within a period of one year keeping in view conservation and management of the mangroves and needs of local communities. The Environmental Impact Assessment Notification of 2006 aims to protect and conserve the environment through regulation of new developments taking place by ensuring environmental compliance causing least/ negligible adverse impacts on the environment. Environment Impact Assessment (EIA) has been made mandatory for all the investment and development projects in the coasts.
In this connection, as a critical step in mainstreaming biodiversity conservation into production sectors is through developing strategies for incorporating coastal and marine biodiversity conservation considerations into various sector policies and guidelines of production sectors operating in the East Godavari River Estuarine Ecosystem (EGREE), using a strategic environmental assessment approach.
Generic functions and key results expected:
· Conduct detailed desk review to assess the current status/ overview/ situation analysis of the overall relevant policies and guidelines of coastal and marine biodiversity conservation and governance situation in EGREE. The dialogue and follow-up process will be led by the EGREE Foundation;
· Review all relevant key policy, legal and institutional issues that govern / affect coastal and marine biodiversity conservation in EGREE context;
· Identify key barriers and challenges for the effective incorporation of coastal and marine biodiversity conservation considerations in different sector policies and guidelines for effective coastal and marine biodiversity management in the country in view of the relevant production sectors;
· Stocktaking of all existing activities related to the coastal and marine biodiversity conservation in the EGREE, literature review and analysis (national and international), conduct field visits to relevant sites and discussion with stakeholders;
· Review International best policies and guidelines that can be incorporated for mainstreaming coastal and marine biodiversity conservation considerations at EGREE;
· Conduct national, international and state policy survey to document best policies on environmental mainstreaming of coastal and marine biodiversity into production sector practices and operations and collate information on situations where such approach may be invoked for incorporating into polices and guidelines;
· Study existing policies and guidelines of each sector policy such as Fisheries policy, Agriculture Policy, Industrial Policy, Shipping Policy, Tourism Policy, Forest Policy and Wild Life (Protection) Act, 1972 (to ensure that it explicitly addresses the needs of coastal and marine ecosystems) and determine how they can be more explicit on the special requirements of ecologically sensitive coastal and marine areas such as EGREE;
· Identify and develop methodologies on the minimum standards that should be observed and incorporated by different economic activities in order to maintain the integrity of ecologically sensitive areas along Andhra’s coastline, such as the EGREE;
· The analytical review will be followed by a consultative dialogue involving government, non-government, communities and research institutions, in order to facilitate policy engagement and change;
· Develop strategies on how to include the recommendations into various Sector policies and guidelines;
· To build up a mandatory Environment Impact Assessment (EIA) model near the project landscape like EGREE based on the existing national environmental regulatory framework;
· Ensure that the identified Biodiversity Management Committees and potential Sacred Groves in the EGREE Region are more explicit in each sector policies and guidelines of EIA;
· Consult experts/policy makers, Government of India, Government of Andhra Pradesh, technical agencies, research institutes and conduct final workshop for presenting the draft policies and guidelines; and