“This activity will be illegal under the section 23 A A of National Environment Act.” - JAGATH GUNAWARDENA Environment lawyer
This is a species that hadn’t been studied very much in Sri Lanka and therefore any capture or any attempt to relocate would be disastrous to this population Gadaya or the Green Labeo (Labeo fisheri), is included as a protected species under Section 31 A
“Gadaya or the Green Labeo (Labeo fisheri), is included as a protected species under Section 31 A of Fauna and Flora Protection Ordinance. Therefore, no one can capture, harm, kill or keep in custody or under one’s possession any living individual of this species,” he said on the legal background of the matter.
“According to the provisions of FFPO, the director of Wildlife Conservation can allow the capture of a protected species of fish only for scientific researches which include conservation purposes. Therefore, any attempt by NARA to catch it and trying to relocate it is illegal and even the director of DWC cannot give permission for such an operation.” he claimed.
“The proposed relocation of the species is not included in the permitted activities as per the environment approval granted by the CEA, for this project. Therefore, this activity will be illegal under the section 23 A A of National Environment Act. This is a species that hadn’t been studied very much in Sri Lanka and therefore any capture or any attempt to relocate would be disastrous to this population. It is important that a comprehensive study of this species should have been carried out before any attempted relocation. It is also very troubling to note there will be a trans-boundary relocation of this population to Kelani river from the Mahaweli Ganga. There should have been a comprehensive study of the Kelani river, including the native flora and fauna, and whether any predators or any diseases are present in the Kelani river and in the other hand whether any native animal including fish inhabiting the Kelani Ganga would be adversely affected by the newly introduced green Labeo,” he explained. “I am personally aware, from my observations, that the Ulcerative Fish Disease is present in the Kelani river and it has affected species belonging to the family Cyprinidae to which the green Labeo too belongs. Therefore, this possibility has to be comprehensively studied.”