Supreme Court refuses to proceed with bottom trawling petition

By Lakmal Sooriyagoda

A Fundamental Rights application filed by a fishing community challenging the decision of the Department of Fisheries and Aquatic Resources not to grant licenses for bottom trawling in Kalpitiya was dismissed yesterday by the Supreme Court.   

A three-judge bench of the Supreme Court, comprising Chief Justice Preethi Padman Surasena, Justice Kumudini Wickremasinghe, and Justice Sampath Abayakoon, refused to grant leave to proceed with the petition.   

When the matter was taken up before the Supreme Court, the respondent parties and an intervention petitioner noted that bottom trawling is prohibited under Section 28A of the Fisheries and Aquatic Resources Act No. 11 of 2017 and emphasized its harmful impact on marine ecosystems. In light of these factors, the Supreme Court declined to grant leave to proceed and dismissed the petition filed by the Kalpitiya fishing society.   

The petitioners sought a declaration that the government authorities have caused infringement of their fundamental rights by not allowing them to engage in bottom trawling and failing to implement the law equally.   

The Environmental Foundation (Guarantee) Limited had filed an Intervention Petition in this case to support the arguments against bottom trawling practice. It brought the attention of the court that this bottom trawling is one of the most destructive fishing methods in the world. By dragging a weighted net across the ocean floor, this practice devastates marine ecosystems, destroys seagrass beds and coral reefs, and kills endangered species such as turtles and dugongs. It also depletes fish stocks that sustain small-scale fishers, threatening livelihoods and food security.   

Recognizing its severe environmental and social impacts, Sri Lanka banned mechanized bottom trawling through the Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017. Despite this prohibition, bottom trawling continues in Sri Lankan waters due to weak enforcement, undermining the country’s obligations under UNCLOS, the UN Fish Stocks Agreement, and the Convention on Biological Diversity.