Fishing Expedition That Turned Sour

by Sajitha PREMATUNGE

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On October 02, after breaking the Ramadhan fast, twelve boys, from the Matale area went to the Ilukkumbura, Thelgamu Oya Bridge situated in the Knuckles Forest Reserve for fishing. Little did they know that this particular excursion and the fish they caught was to hook them to a crime they never knew they were committing.

Unfortunately for them but fortunately for the survival of a critically endangered, endemic fish species, Ranasinghe Sagara, Assistant Superintendent of Customs, was on a field trip in the Knuckles Forest Reserve with other students of the Biodiversity Management Diploma, University of Colombo.

He did not of course expect to catch two offenders red handed with a plastic bag containing five Puntius martenstyni, locally known as 'Dumbara Pethiya', endemic, critically endangered and restricted to the Knuckles Forest Reserve.

It was around 1.00 p.m. and Ranasinghe Sagara and another fellow student was just about to leave the circuit bungalow to join the rest of the batch further up stream, when they received word from a casual labourer of the Forest Department about an incident of illegal fishing.

Ranasignhe,another student and two other officers of the Forest Department reached the Thelgamu Oya bridge to find twelve boys in all, with two of them fishing under the bridge, using a nylon net. The two, caught fishing, were taken into immediate custody, along with the plastic bag containing the five dead 'Dumbara pethiya' and nylon net.

When the Forest Department officials explained why they were being arrested they claimed that they caught the fish for consumption only and that they did not know that fishing in the area was prohibited, let alone knowing that the particular type of fish was highly protected.

"We explained to them that the Knuckles Range was a reserve and therefore fishing inside the Reserve was prohibited." said Ranasinghe Sagara.

And when the officials showed them the notice that no fishing was allowed in the reserve they said - being Muslims - they could not read Sinhala and therefore were unable to understand what it meant.

The fish they had caught - Puntius martenstyni or 'Dumbara pethiya' is endemic, critically endangered and highly localized, restricted to the Knuckles Forest Reserve. It is a highly protected variety under Section 31 A, Chapter 469 of the Fauna and Flora Protection Ordinance.

The offenders along with the evidence, was turned over to the RFO (Regional Forest Officer) in charge of the Knuckles Forest Reserve, B.G.C. Gamini Priyantha, for further action.

Attorney-at-Law, Jagath Gunawardana explained that these boys are, in fact, guilty of two offences. "It's one offense to kill a protected fish species and another offence to fish in a Forest Reserve." It is an offence to kill, keep in possession or sell such species, while it is also an offence to use an apparatus to kill such a species under the FFPO (Fauna and Flora Protection Ordinance). "The punishment for such an offense is a fine of Rs. 15,000 to Rs. 20,000, a jail term of two to five years or both.

The two accused, produced at the Laggala Courts by Gamini Priyantha, pleaded guilty and found guilty as charged. However special consideration was given to the fact that it was an offence committed out of ignorance and the fact that they were students. The courts fined them Rs. 7,500 each.

It is illegal to hunt animals, catch fish, cut trees and or exploit the environment of a reserve in any form. In fact special permission has to be obtained in order to visit any reserve. However there is a public road running through the reserve, which has resulted in such unfortunate circumstances. Nevertheless no one can exploit natural resources of a reserve.

The consistent contact with humans have resulted in much environmental degradation within the Knuckles Forest Reserve. Gamini Priyantha explained to the Sunday Observer that it has proven extremely difficult to prevent such irresponsible behaviour as throwing the broken liquor bottles into the river after drinking.

The Forest Governance Project of the Forest Department with the support of IUCN clears out plastic - that visitors so carelessly toss around - two days a week, but to no avail. Polythene has become a grave threat to biodiversity as well as the aesthetic quality of the Reserve.

It was all in all, an unfortunate turn of events for the boys, due to ignorance. But in the eyes of the law there are no exceptions. The authorities hope that this, at least, has been a real eye opener.