Case Note & Summary
The dispute concerned the right of fishermen using purse seine nets to access the Exclusive Economic Zone (EEZ) beyond the territorial waters of Tamil Nadu. The State of Tamil Nadu enacted the Tamil Nadu Marine Fishing Regulation Act, 1983, which defined 'specified area' as an area in the sea along the coastline but not beyond territorial waters. Section 5 empowered the State Government to regulate fishing in that area, and Section 7 required licensing of fishing vessels. In 2000, the State issued G.O. Ms No. 40 prohibiting fishing by pair trawling or purse seine nets in the entire coastal areas of Tamil Nadu within territorial waters. Later, in 2020, the State framed the Tamil Nadu Marine Fishing Regulation Rules, 2020; Rule 17(7) prohibited carrying purse seine nets in the entire coastal area of the State. The applicants' grievance was that the State was invoking the 2020 Rules to prevent them from even carrying purse seine nets to the EEZ for fishing beyond 12 nautical miles, which was outside the State's regulatory competence. The State argued that Rule 17(7) prohibited carrying such nets, and that allowing vessels to carry them could lead to misuse within territorial waters under the guise of fishing in the EEZ. The Madras High Court dismissed a writ petition challenging the G.O. on 20.04.2021, leading to the filing of Special Leave Petition No. 8442 of 2021. During pendency, the applicants filed Writ Petition (C) No. 262 of 2022 under Article 32 of the Constitution. The Supreme Court, by order dated 24.08.2022, directed the Union of India to constitute an Expert Committee to examine the use of purse seine nets undertaken by fishermen of different maritime States and Union Territories. The Committee submitted an interim report on 15.11.2022, recommending that a ban on purse seine fishing was not justified and that it may be allowed subject to conditions such as access plans, capacity regulation, catch declaration, and mesh size regulation; it observed that purse seine nets did not cause major environmental harm. Taking note of the Expert Committee's report, the Court by order dated 24.01.2023 passed an interim arrangement allowing purse seine fishing beyond territorial waters but within the EEZ, subject to conditions: only registered fishing vessels under Section 11 of the Marine Products Export Development Authority Act, 1972 and registered with the State Government; and vessels installed with an approved Vessel Tracking System which shall be kept running. The final judgment disposed of I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022 and held that it sufficiently encompassed the batch of SLP and writ petitions pending before the Court. The provided extract does not include the full final operative directions.
Headnote
A) Fishing Regulation - Territorial Waters vs EEZ - State legislative competence limited to territorial waters; Tamil Nadu Act defines specified area not beyond territorial waters - Tamil Nadu Marine Fishing Regulation Act, 1983, Sections 3(k), 5, 7 and Tamil Nadu Marine Fishing Regulation Rules, 2020, Rules 15, 17(7) - The applicants contended that the State of Tamil Nadu was invoking the 2020 Rules to prevent carrying purse seine nets to the EEZ beyond 12 nautical miles, which is outside the State's regulatory realm. The Court considered the statutory definitions and the State's ban, holding that access to the EEZ cannot be barred by State rules beyond territorial jurisdiction. (Paras 2-5) B) Constitutional Law - Article 32 Writ Petition - Enforcement of right to fish in EEZ - Constitution of India, Article 32 - During pendency of SLP against the High Court order, the applicants filed a writ petition under Article 32 seeking permission to undertake fishing with purse seine nets beyond territorial waters. The Supreme Court directed the Union of India to constitute an Expert Committee to examine the use and impact of purse seine nets; Held that the Union should examine and regulate EEZ fishing rather than a State ban. (Paras 6-8) C) Expert Evidence - Purse Seine Fishing Environmental Impact - Expert Committee interim report - Tamil Nadu Marine Fishing Regulation Act, 1983 and Marine Products Export Development Authority Act, 1972 - The Expert Committee submitted an interim report suggesting that a ban on purse seine fishing is not justified and that it may be allowed subject to conditions, including access plans, capacity regulation, catch declaration, and mesh size regulation. The Court noted that the Committee found purse seine nets do not cause major environmental harm. (Paras 8-9) D) Interim Relief - Conditions for Purse Seine Fishing - Registration and VTS requirements - Marine Products Export Development Authority Act, 1972, Section 11 and Tamil Nadu Marine Fishing Regulation Rules, 2020 - The Court passed a restricted interim order allowing purse seine fishing beyond territorial waters but within the EEZ, subject to conditions: only registered fishing vessels under Section 11 of the MPEDA Act, 1972 and registered with the State Government; and vessels installed with an approved Vessel Tracking System which shall be kept running. Held that interest of all parties needed to be protected. (Para 10) E) Disposal of Application - Batch of Petitions - Judgment encompasses SLP and writ petitions - I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022 - The Court disposed of the I.A. and held that the judgment sufficiently encompasses the batch of SLP and writ petitions pending before it. The final operative directions beyond the interim arrangement are not fully captured in the provided excerpt. (Para 1)
Issue of Consideration
Whether fishermen have the right to use purse seine nets in the Exclusive Economic Zone beyond the territorial waters of Tamil Nadu notwithstanding the State's prohibition under the Tamil Nadu Marine Fishing Regulation Act, 1983 and Rules, 2020; whether the State can prevent transit of vessels carrying purse seine nets through territorial waters to the EEZ.
Final Decision
The Court disposed of I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022 and held that the judgment sufficiently encompasses the batch of SLP and writ petitions. The Court, by way of interim arrangement, allowed purse seine fishing beyond territorial waters but within the EEZ, subject to conditions including registration under Section 11 of the Marine Products Export Development Authority Act, 1972 and State rules, and installation of an approved Vessel Tracking System. The final operative directions beyond the interim arrangement are not fully captured in the provided excerpt.
Law Points
- State legislative competence under List II Entry 21 limited to territorial waters
- purse seine fishing ban under Tamil Nadu Act applies only to specified area within territorial waters
- Expert Committee found purse seine nets cause no major environmental harm
- regulation instead of blanket ban required
- vessels registered under MPEDA Act and state rules allowed with VTS
