190
J. Scholtens and M. Bavinck
Assessing the Match Between Governing System
and System-to-Be-Governed
Architectural Compatibility: Spatial Correspondence
and Linkages
We have noted that the Palk Bay ecosystem, i.e. the natural system-to-be-governed,
is a neatly contained spatial area with two passages to the Bay of Bengal and the
Gulf of Mannar respectively. The socio-economic system-to-be-governed consists
of four clusters of landing centers in three districts. Although the trawl fi shers in
each cluster have favorite fi shing grounds, our research shows that they generally
limit their activities to the Palk Bay, albeit in both the Indian and the Sri Lankan
territorial waters. Hence, the socio-economic system-to-be-governed coincides
largely with the natural system-to-be-governed.
The governing system on the Indian side consists of a system of government
agencies that operate at the district, state and central level, and about 30 boat owner
associations that have a local ambit. The fi shers in the Palk Bay are thus subjected
to multiple governing systems at the same time, implying a situation of legal pluralism.
What stands out is that no single governing actor (or group of actors) operates at a
scale level that coincides with the Palk Bay’s ecosystem boundaries. What is more,
due to the incidence of cross-border fi shing, the authority of the Indian administration only extends over part of the areas in which fi shing activity takes place; once
trawlers cross the boundary line, fi shers are at the mercy of Sri Lankan authorities.
Given the mismatches of scale, it is important to investigate the structural linkages between governing systems on the Indian side of the Palk Bay. We consider
four instances in which linkages occur or are notably absent.
1. The ban that has been imposed on pair trawling (see Box 10.1 ) illustrates the
nature of the linkage between the FD and the Indian navy and coast guard.
Despite its prohibition by government order in 2000, pair trawling is still commonplace in six out of the ten landing centers in the Palk Bay. The FD is burdened with the responsibility of implementing this ban, but has no presence at
sea and thus faces severe constraints in carrying out its responsibilities. The navy,
which conducts daily patrols, could in principle spot and report transgressors to
the FD. In practice, however, such cooperation is rare, as navy of fi cers do not
consider the implementation of fi sheries law, which does not have security
aspects, their business.
2. The relationship between the FD and the boat owner associations is one of
frequent, albeit informal, interaction. In each landing center, the associations and
the FD have their own patterns of communication, which vary from cooperation
in one landing center to cat-and-mouse games in another.
3. Boat owner associations operate primarily at the level of the landing center. As
soon as issues exceed the local level (a rise in the price of diesel or the governmental
ban of a particular gear), however, cooperation with associations in neighboring
J. Scholtens and M. Bavinck
Assessing the Match Between Governing System
and System-to-Be-Governed
Architectural Compatibility: Spatial Correspondence
and Linkages
We have noted that the Palk Bay ecosystem, i.e. the natural system-to-be-governed,
is a neatly contained spatial area with two passages to the Bay of Bengal and the
Gulf of Mannar respectively. The socio-economic system-to-be-governed consists
of four clusters of landing centers in three districts. Although the trawl fi shers in
each cluster have favorite fi shing grounds, our research shows that they generally
limit their activities to the Palk Bay, albeit in both the Indian and the Sri Lankan
territorial waters. Hence, the socio-economic system-to-be-governed coincides
largely with the natural system-to-be-governed.
The governing system on the Indian side consists of a system of government
agencies that operate at the district, state and central level, and about 30 boat owner
associations that have a local ambit. The fi shers in the Palk Bay are thus subjected
to multiple governing systems at the same time, implying a situation of legal pluralism.
What stands out is that no single governing actor (or group of actors) operates at a
scale level that coincides with the Palk Bay’s ecosystem boundaries. What is more,
due to the incidence of cross-border fi shing, the authority of the Indian administration only extends over part of the areas in which fi shing activity takes place; once
trawlers cross the boundary line, fi shers are at the mercy of Sri Lankan authorities.
Given the mismatches of scale, it is important to investigate the structural linkages between governing systems on the Indian side of the Palk Bay. We consider
four instances in which linkages occur or are notably absent.
1. The ban that has been imposed on pair trawling (see Box 10.1 ) illustrates the
nature of the linkage between the FD and the Indian navy and coast guard.
Despite its prohibition by government order in 2000, pair trawling is still commonplace in six out of the ten landing centers in the Palk Bay. The FD is burdened with the responsibility of implementing this ban, but has no presence at
sea and thus faces severe constraints in carrying out its responsibilities. The navy,
which conducts daily patrols, could in principle spot and report transgressors to
the FD. In practice, however, such cooperation is rare, as navy of fi cers do not
consider the implementation of fi sheries law, which does not have security
aspects, their business.
2. The relationship between the FD and the boat owner associations is one of
frequent, albeit informal, interaction. In each landing center, the associations and
the FD have their own patterns of communication, which vary from cooperation
in one landing center to cat-and-mouse games in another.
3. Boat owner associations operate primarily at the level of the landing center. As
soon as issues exceed the local level (a rise in the price of diesel or the governmental
ban of a particular gear), however, cooperation with associations in neighboring