Navigating Sustainable Marine Explorations - Growing Economically Without Degrading Ecologically

Author: LawSphereX

Category: Environmental Law

Published: 2026-08-23T20:39:20.831119+00:00

Updated: 2026-08-30T07:12:54.627Z

NAVIGATING SUSTAINABLE MARINE EXPLORATIONS:

GROWING ECONOMICALLY WITHOUT DEGRADING ECOLOGICALLY Vaidik Sohani, School of Law, Forensic Justice and Policy Studies, National Forensic Sciences University, Gandhinagar, Gujarat

ABSTRACT

The globe at this juncture is unfolding the heights of economic development and catering to multidimensional needs. But today, every nation in the world is obligated to keep in mind and address the shout of environmental protection. Environmental protection has become a highlighted central issue in the contemporary scenario, and the world has pledged to contribute collectively to mitigating environmental risks. One of the prominent resources today and since time immemorial that assist development in numerous ways is marine resources and maritime trade and commerce. Almost 97% of trade and commerce depends on the marine sector because of its distinct features, such as Safety and Bulk maneuvering. Not only it champions the domain of trade and commerce, but it also acts as a lifeline for fisheries.

Fisheries handsomely utilize the seas and oceans to accomplish the commercial demand for seafood in the FMCG (Fast Moving Consumer Goods) Market, as can be rightly established by data sourced from the Ministry of Fisheries, Animal Husbandry and Dairying that in Financial Year 2023-24, India has exported 17,81,602 Metric Tons of Seafood, that costs around 60,523 Crore1. Other Economic activities associated with EEZs (Exclusive Economic Zones) such as mining, the establishment of oil rigs for natural resources extraction, the Construction of Solid surfaces by altering seabed such as ports, cofferdams, use of excess radio waves, sonar (Sound Navigation and Ranging) disruption in the marine environment and culminating to an unfit and unfavorable environment for marine biodiversity.

All such reliance on seas and oceans hampers the livability of marine animals and causes disruptions in food chains in an intra-marine environment. It also causes disturbances in the growth of floras such as phytoplankton, seagrass, and algae germinating and thriving under the marine environment, which are essential sources of nutrients for marine organisms and a vital part of the food chain in the marine ecosystem as well.

1 Press Release, Ministry of Animal Husbandry, Dairying, and Fisheries (2024), [3rd March, 2025].

The article will try to unravel the intricacies of Maritime diversity, the impact of economic activities and human interventions on it, and the policy measures taken by the Indian Government to avert and prevent such degradations. To achieve the objectives of UNCLOS and MARPOL and align with principles of Blue Economy. Keywords: Exclusive Economic Zones, Maritime Environment Protection, Seabed Explorations, UNCLOS, MARPOL, Blue Economy.

INTRODUCTION

There has to be an appropriate standard to ensure sustainable development in line with the objectives of Blue Economy; otherwise, it may hamper the entire marine biodiversity, and there will be a failure with the globally accepted sustainable development standards. The various global forums that carry the objective of uniting the world for a common pledge to save the environment and have incorporated many conventions, such as MARPOL and UNCLOS, to address the need to balance the marine environment in this competitive economy by enacting various provisions for prevention and betterment of marine biodiversity achieve targets of Blue Economy which is sustainable engagements with ocean resources without causing ecological damages.

A peninsular country like India has a strategic position where it is surrounded by the Arabian Sea from the west, the Bay of Bengal from the east and the mighty Indian Ocean from the south, which makes India a massive trade gateway for various destinations throughout the globe. India also has its Exclusive Economic Zone (EEZ), which extends up to 200 Nautical Miles or 370 KM. This is the area where India has territorial Jurisdiction, which gives it an exclusive right to conduct economic activities such as Drilling, Mining, Fishing, Dredging, trawling and other sea-side explorations of resources. SIGNIFICANT CAUSES OF BIODIVERSITY LOSS The primary reason for losing marine diversity is the excess human intervention with sea resources. Modern-day times have shown paramount dependency on non-renewable sources of energy generation.

Nonrenewable resources are natural substances that are not replenished with the speed at which they are consumed. As such, a nonrenewable resource is a finite resource. Human civilization poses a significant dependency on the same. This phenomenon imposes pressure on the state to permit the usage of seas for extracting natural resources or fossil fuels through extraction. This activity causes the exploitation of marine resources and eventually hampers the aquatic environment as the extraction process requires the development of necessary infrastructural capabilities for process execution. Here comes the loss of biodiversity on the high seas as it involves the construction of structures like a cofferdam, spreading a pipeline network, etc. A permanent risk of oil spills at sea also exists due to the failure of oil rigs and pipeline damages.

Oil spills are undoubtedly a natural catastrophe that has a deadly effect on marine diversity. Spilt oil can coat marine animals and suffocate them or may cause poisoning effects and resultantly end their life. It's been a fact through the World Trade Organization’s (WTO) data that 90% of global trade is accomplished through waterways, and freight movement worldwide causes increased ship count at sea at any instant, which is the originator of multiple biodiversity disruptions. The ships of any particular country may accidentally carry the species of their native diversity, which is invasive and release it into the water body foreign to it. This accidental activity may cause local marine biodiversity to be misbalanced and culminate in the loss of the aquatic environment.

Accidents relating to oil spills are also a possible cause of marine environment pollution and require urgent mitigating efforts by concerned authorities to avert marine losses. Moving ships make much noise, and sea organisms are habituated to living in a peaceful and silent environment. This causes imbalances in marine biodiversity. Scientists have predicted this through changes in the behavioral patterns of aquatic organisms at many places globally, and this phenomenon sought the globe to unite together and address the issue of losing biodiversity. Oceanic research conducted to explore the seabed by various countries uses submarines, submersibles and compatible vessels, and all of them detect objects beneath the sea using radio waves.

Radio waves of suitable frequency are transmitted through radar; during their collision with any object under the sea, the waves get reflected on their path, and the time of reflection is used to calculate the distance and size of the object. However, this activity causes trouble for sea-dwelling organisms as exposure to radio waves impedes their sustainment in marine life. Similarly, for other under-sea exploration, many vessels and submarines use SONAR (Sound Navigation and Ranging) technology, which uses ultrasonic sound waves. This leads to disruptions in the communication and navigation of marine animals. Various reports after the Bahamas Island stranded whales case concluded that the excessive use of mid-frequency sonar by the navy caused whales to dislocate from the group and head towards land, eventually causing their death.

Other devices, such as ELF Submarines and atomic Magnetometers, cause similar marine disturbances. Activities like fishing, dredging, and trawling are also linked to degrading marine life. Everything collectively imposes a duty on the state to ensure that marine activities are adequately regulated and should be kept in check through appropriate policy measures that at any point in time when humans interfere with marine life, the marine biodiversity shall not be subjected to any exploitation which may keep it on the vulnerability of undesired disruptions. There are ample global conventions that objectify precautionary practices to ensure the safety of marine biodiversity, such as UNCLOS and MARPOL.

India is a signatory to it and has also ratified it; therefore, India has brought strategic changes to its legislative framework to ensure the prevention of marine diversity and promote sustainable development. MITIGATION APPROACHES ADOPTED IN INDIA AND GLOBALLY The UNCLOS (United Nations Convention on Laws of the Sea) is the apex convention heading to ensure pollution-free sea operations and achieve the principles of the Blue Economy. UNCLOS effectively provides a system to deal with the aquatic environment. It emphasizes that States should jointly make efforts as they consider appropriate to ensure the safety of marine diversity by preventing, reducing and controlling activities that endanger the life of organisms at sea. The same is enshrined under Article 235 of UNCLOS. According to Article

235 of UNCLOS, states should also ensure that recourse is available in their legal system for

prompts and adequate compensation or other relief regarding damage caused by marine environment pollution by natural or juridical persons under their jurisdiction. Under Indian jurisdiction, The Merchant Shipping Act, 1958 emphasizes development in confidence to protect the marine environment. The fundamental objective of the act is to cater to and develop the Indian Mercantile industry in consonance with balancing national interests. The Merchant Shipping Act of 1958 primarily enunciates the acceptance of procedural standards for averting the risks of oil spills at sea. It directs authorities to inspect the vessel and ensure that all reasonable safety standards concerning releasing the substances into the waters are followed and take necessary actions against violators, thus safeguarding the marine ecosystem.

These entire obligations are found in part XI-A of the act, specifically focused on preventing and containing pollution at seas. ONGC (Oil and Natural Gas Corporation) is a public sector undertaking prominently extracting natural substances such as oil, petroleum, and natural gas from the seabed. It has released an action plan cum strategy for the prevention and management of oil spills at offshore rigs or from oil-carrying container ships; through this standardized response action plan, ONGC aims to minimize the impacts of oil spills on aquatic habitats and head towards sustainable and responsible operations. At the primary level, ONGC ensures that the pipelines fitted underwater that carry oils are manufactured and assembled at par with international standards such as API, ISO and IMO, followed by regular maintenance.

2 After all the standards, there always exists a chance of an Oil Spill mishap, and ONGC, collectively with the Indian Coast Guard, has developed a National Oil Spill Disaster Contingency Plan (NOSDCP) 3and the principal and central coordinating authority in case of any oil spill will be the Indian Coast Guard. This national plan applies to Shipping Port and Oil Industries. The recent development by The Ministry of Mines where on 31st December 2024, it notified rules for Offshore Area Mineral Conservation and Development to ensure systematic development of mineral deposits, Implementation of Safety measures and protection of marine environment the plan will be promulgated under aegis of Indian Bureau of Mines.

Safety measures to be taken: Establish a no-mining barrier zone, ensure safety concerning vessels, comply with laws, customs, and international treaties, ensure the safety of personnel, and ensure emergency preparedness and safety plan. INDIAN COAST GUARD: AN APEX TO BODY IN INDIA FOR MARINE POLLUTION RESPONSES.

The responsibility for responses towards marine oil spills and other marine environmental pollution was transferred to the Indian Coast from the Directorate General of Shipping in 1986. Subsequently, the Indian Coast Guard, as mentioned above, curated a National Oil Spill Disaster Contingency Plan (NOS-DCP), which comes under the purview of the National Disaster Management Authority. The said plan was approved by the Committee of Secretaries

2 Environment Management, Oil & Nat. Gas Corp. Ltd., [March, 7th, 2025].

3 India, Int'l Tanker Owners Pollution Fed'n Ltd., India Response Arrangements (March, 7th, 2025).

in 1993. NOS-DCP places ICG in a position to lead the primary response towards any oil spill disaster that can potentially deteriorate marine disaster. There are numerous response-related activities undertaken by ICG pertaining to Oil spill disasters, such as being a central coordinating agency for combating oil spills in various maritime zones and the uniform implementation of NOS-DCP across the entire, exclusive economic zone of India, consistent and periodic surveillance of oil spill-prone zones in dedicated areas except in area 500 meters from ports premises and offshore facilities such as refineries and associated structures. The Directorate General of Coast Guard is the central coordinating that executes response operations to be assisted by seaboard commanders and various state and district commanders as the DGCG may require appropriate.

A dedicated crisis management group is also constituted to expedite responses against marine oil spill emergencies. The Defense Secretary chairs the Crisis Management Group (CMG), which provides operational, technical and environmental advisory-based support in executing smooth and quick responses against marine oil spills. It is pretty observable that nowhere in the NOS-DCP provides for the provisions of responses pertaining to oil spills in the vicinity of Oil rigs or ports. According to the National Plan, oilhandling facilities and offshore installations are expected to handle tier-1 incidents and respond to spills in their designated area. However, the Indian Coast Guard is directed by DGCG and Seaboard commanders if the spill goes out of the control of concerned offshore establishments. The concerned stakeholders will intervene to assist as required.

In ports, the port operator or relevant State Government authority would be responsible for handling the response, with assistance from other National Plan stakeholders, as required. Port facilities, oil terminals, and installations must hold Tier 1 equipment for pollution response up to 700 tons. For shoreline response, State Governments of coastal states would be responsible for coordinating the district and local administration and operation of the National Plan, as per the provisions of the National Disaster Management Act, 2005. The Primary and basic responses include the installation of mechanical barriers and recovery of the sites of oil Spills for which dispersants are used. The usage of dispersants is conducted in accordance with national guidelines issued by the Indian Coast Guard because the ecosensitivity of that area has to be taken into consideration.

The dispersants are used when their use is assented through adequate licenses by the National Institute of Oceanography, Goa.

An incident where the coast guard’s cognizance averted severe oil spill impact near southeast of Mumbai near Mumbai Port. While approaching the Port of Mumbai, MSC CHITRA accidentally collided and spilt over 800 tons of IFO -380 stored in more than 300 containers with deadly contaminating substances. However, despite protective efforts to further detain the contamination, the shoreline of Mumbai got stranded with oil and international assistance was sought by the Indian Coast Guard to clear the oil from the shoreline. INDIA’S POSITION IN BILATERAL AND MULTILATERAL AGREEMENTS DEDICATED TO CURTAILING CONTAMINATION OF MARINE DIVERSITY.

Apart from being a signatory to prominent global conventions such as UNCLOS and MARPOL, India has also signed a Memorandum of Understanding with SACEP (South Asian Cooperative Environment Program), enacted in 1982 for cooperation in responding to oil and chemical-based pollution in South Asian regions. Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka jointly developed a “Regional Oil Spill Contingency Plan” in amalgamation with IMO (International Maritime Organization) to collectively assist and respond towards Oil Spill Disasters across high seas. The major objective is facilitating international cooperation to ensure sustainable shipping, extractions, and other economic and commercial activities without compromising marine biodiversity.

Another significant step towards the conservation of marine environment and diversity can be observed from the government’s recent decision where Hon’ble Prime Minister Narendra Modi, along with the Ministry of Earth Sciences, after considering all the parameters, has provided assent to be part of the ‘Biodiversity Beyond National Jurisdiction Agreement’4 objected to promoting sustainable development in respect to utilization of marine ecological resources in a harmonized manner. Areas beyond National Jurisdiction are prominently referred to as high seas, open to all for executing lawful purposes such as navigation, overflight, laying submarine cables and pipelines, etc. The Ministry of Earth Sciences is the apex body that spearheads the country’s alignment and obligation with the BBNJ Agreement.

The BBNJ, aka the “High Seas Treaty” is an international treaty under the United Nations Convention on the Law of the Seas (UNCLOS). Since it is evident that the marine biodiversity throughout the global waters is on the brink of degradation due to a high quantum of Human interventions, 4 Press Information Bureau, Government of India, "Union Cabinet approves India's signing of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement," (March. 7th, 2025,) the BBNJ is moulded in a way that addresses the long-term marine biodiversity concerns and assures the protection against all the ecological imbalances. High seas are rich in resources, and no single jurisdiction can claim ownership of resources or sovereign rights over them; thus, the resources derived from them must be distributed fairly and equitably among countries.

It follows an inclusive, integrated, ecosystem-centric approach based on the precautionary principle and promotes using traditional knowledge and the best available scientific knowledge. It helps minimise impacts on the marine environment through area-based management tools and establishes rules for conducting environmental impact assessments. It would also contribute to achieving several SDGs, particularly SDG14 (Life Below Water). Ministry of Earth Sciences, in a press release, has highlighted that India’s assent to BBNJ will not only allow it to keep its presence beyond exclusive economic zones, but it will also envisage International maritime cooperation among various jurisdictions for smooth execution, opening multiple scientific avenues for research and development of various technological advents and capacity building.

The BBNJ Agreement is the third implementation agreement under UNCLOS, alongside its sister implementation agreements: the 1994 Part XI Implementation Agreement (which addresses the exploration and extraction of mineral resources in the international seabed area) and the 1995 UN Fish Stocks Agreement (which addresses the conservation and management of straddling and highly migratory fish stocks). CONCLUDING REMARKS After analyzing all such aspects, it can be concluded that India and the few countries in the world have an affirmative stance towards protecting Marine Biodiversity through international conventions and legislative actions.

However, there always exists scope for continual improvement; observing the current status pertaining to the exploitation of resources and dependency over marine-based routes for commercial trade and transits doesn’t in any way avert the marine biodiversity challenges; therefore, at this juncture, it is necessary to ensure continual improvement in maritime environment safeguard policies and keep the adequate check that in no way in the name of economic development, the sustainable approaches are compromised.

As discussed in the course of the article, lawmakers should always welcome new technological initiatives, such as Convolutional Neural Networks by integrating Artificial Intelligence in locating Oil Spill sights for expediting responses, integrating Transformer Modules and amalgamating Synthetic Aperture Radar (SAR) with optical satellite-based imaging for meticulous observation for detecting oil spills. Ultimately securing marine life from any disastrous impacts due to its exploitation and ensuring a regular check on policies to keep up with the pace of the Blue Economy.