Altaf Hamid Rao;
MIRPUR (AJK): The state-run Environmental Protection Agency (EPA) of Azad Jammu & Kashmir has issued notice to an AJK-based private hydel power project asking to explain its position for violating the law of the land through unlawful fish Angling in Poonch river – an officially declared Mahaseer National Park.
Director General Environmental Protection Agency of AJK government Raja Muhammad Razaq issued the show cause notice to Chief Executive Officer of M/s. Mira Powers Limited, with its office in Islamabad, operating 100-MW hydel power station at Gulpur in Kotli district of AJK, Under Section 15 (1) of AJK Environmental Protection Agency 2000, Regarding Fish Angling in River Poonch—A Declared Mahaseer National Park.
When contacted, Director General Environmental Protection Agency of AJK told this Correspondent in detail here Friday evening that AJK – EPA views critical endangered spice of Mahaseer fish at stake in Poonch river – a declared Mahaseer fish National Park – due to the acts and omissions of the proponent of 100 MW Gulpur Hydropower project being constructed in territorial limits of the National Park subject to explicit conditions that proponent shall take sufficient measures for net-gain of the the Mahaseer fish – a spicy declared as critically endangered in the IUCN List. AJK EPA while taking strong exception of illegal fish Angling in sheer violation of AJK Environmental Protection Act 2000 readwith AJ&K Wildlife (Protection, Preservation, Conservation and Management) Act, 2014 and IFC Performance Standard No.6, issued legal notice to M/s Mira Powers Pvt Ltd Islamabad – the proponent of 100 MW Gulpur Hydropower project – that why an Environmental Protection Order (EPO) as stipulated by Section 15 (2) ibid should not be issued against the proponent of the project and why appropriate directions to restore the environment to the condition existing prior to their act of illegal fishing to the satisfaction of the EPA, should not be issued in terms of clause (d) of said Section. In addition, why the Conditional Environmental approval issued for the purpose be not withdrawn forthwith. In this regard, June 25, 2018 at 10:00 AM is fixed for hearing in office chamber of the Director General EPA Muzaffarabad, this correspondent is learnt. The notice explicitly provides legal grounds for the action.
The EPA AJK Chief continued as elaborating “WHEREAS, BAP-Management Committee in a meeting convened on January 17, 2018—that is also represented by Mira Powers Limited (the proponent)—accorded approval for Fish Angling in River Poonch—a declared national park – on nominal cost (Rs. 50/- per person per day). It is pertinent to mention that in first meeting of BAP-Management Committee presided over by the Chief Secretary on January 5, 2017 at Muzaffarabad, wherein, a proposal for Fish Angling was presented by the HWF. The Chief Secretary directed the Secretary Forests to submit report within 15 days in consultation with EPA-AJK. While the EPA-AJK did not support the proposal on the following cogent reasons and this fact was very much in your notice.-
i) River Poonch has been declared as ‘National Park’ under AJ&K Wildlife (Protection, Preservation, Conservation and Management) Act, 2014; that provides for taking explicit measures for safeguarding of rare/endangered species. Similarly, fishing is prohibited in Poonch River by law in terms of sub-section (5) of Section 44 ibid. However, sub-section (6) ibid though provides for exemption in some peculiar cases and circumstances but the matter of fishing does not fall within the scope of sub-section (6) as Mahaseer Fish/Kashmir Catfish have been declared as critically endangered species in the list of IUCN. Moreover, Section 83 of the said Act stipulates for framing of rules by the Government under the provisions of the said Act and in absence of any rules thereof, proposal like ‘Fish Angling’ cannot be considered under the said Act unless proper rules are framed as stipulated by law;
ii) Mahaseer Fish and Kashmir Catfish having been declared critically endangered species are also required to be protected and conserved in terms of MEAs (Multilateral Environmental Agreements) and similarly, under Section 44 ibid, it is an obligation on the Government to take appropriate measures in this regard;
iii) BAP Management committee has been constituted with mandate to take appropriate safeguarding measures regarding Mahaseer Fish-Kashmir Catfish (Glypto Thorax Kashmirensis) being critically endangered species. While proposal of fishing of endangered species in any declared National Park, does not fall within ambit of BAP Management Committee; and iiii) The Proposal if allowed, besides attracting criticism of civil society within country and abroad, will also reduce the sensitivity and sanctity of the ‘National Park’ that has been accorded to River Poonch under law.
3. ?Apart from the above, the BAP Management Committee has not been mandated under TORs approved vide notification dated January 20, 2017 to allow such activities like ‘Fish Angling’ in the Poonch River Mahaseer National Park, as such, the permission granted for Fish Angling is beyond the scope of BAP Management Committee, hence not tenable in the eyes of law. Notwithstanding, the proposal of Fish Angling if allowed at this point in time, will cause a serious blow to the efforts of the EPA—as EPA is vigorously pursuing for safeguarding the environment, ecosystem and biodiversity of the State.
4.?Above all, as the project is being constructed in the declared National Park on account of existence of Mahaseer fish—a critically endangered spicy in the list of IUCN—while IFC Performance Standard 6 (Biodiversity Conservation and Sustainable Management of Living Natural Resources) explicitly bounds the proponent that the project does not lead to a net reduction in the global and/or national/regional population of any Critically Endangered or Endangered species over a reasonable period of time and a robust, appropriately designed, and long-term biodiversity monitoring and evaluation program is required to be integrated into the client’s management program. While Implementation Organisation hired by you for the purpose—in line with mandatory requirements—is, prima facie, deliberately indulged/engaged in entailing Net-Loss through so called ‘Fish Angling’ and the fact is very much in your notice. Unfortunately, instead of reprimanding and restraining your Implementation Organisation from illegal activities that leads towards Net-Loss, proponent himself became the part of unwarranted activities leading to wards violation of IFC Standards as well as Conditional Environmental approval accorded by EPA-AJK for construction of the project. As such, the stated situation warrants urgent legal proceedings against you to secure the Critically Endangered spicy—Mahaseer Fish as well the adverse environmental effects.
4.?Foregoing in view, EPA is of the considered view that Fish Angling being supported by you as proponent is without lawful authority and against the the spirit good practices applicable for National Parks. You are, therefore, advised to explain your viewpoint as to whether why an Environmental Protection Order (EPO) as stipulated by Section 15 (2) ibid should not be issued against you as proponent of the project and why appropriate directions to restore the environment to the condition existing prior to your act of illegal fishing to the satisfaction of the EPA, should not be issued in terms of clause (d) of said Section. In addition, why the Conditional Environmental approval dated ——- should not be withdrawn forthwith. For the purpose, June 25, 2018 at 10:00 AM is fixed for hearing in office chamber of the undersigned at Muzaffarabad.