SC allows purse seine fishing beyond Tamil Nadu waters but within exclusive economic zone

The Supreme Court on Tuesday, August 4, told the Tamil Nadu government that fishermen may be allowed to go for purse seine fishing beyond the state's territorial waters but any such activity should be within the exclusive economic zone with due permission.

A bench of justices PS Narasimha and Alok Aradhe said that if the fishermen doing purse seine fishing - a method that uses a vertical net attached to a vessel to encircle schools of fish in open water - violates the norms of the state within its territorial waters, they can be arrested.

"We will not allow violation of norms of the state or the Centre but at the same time, state should not stop them from going beyond its territorial jurisdiction of 12 nautical miles in Centre's territory for purse seine fishing," the bench said.

The top court said it is reserving its decision on the plea of NGO Fisherman Care which alleged that the State was neither allowing it to do fishing in its territory nor was it allowing them to go beyond its jurisdiction into the Centre's jurisdiction of exclusive economic zone.

Additional Solicitor General KM Nataraj, appearing for the Centre, said an expert panel was formed and it has made certain recommendations pursuant to which the government has made rules and regulations to regulate purse seine fishing.

He submitted that from the coast till 12 nautical miles is the state's jurisdiction and these shipping boats have to cross this area and then enter exclusive economic zones, which are governed by the Centre.

Nataraj further said the union government from time to time issues permits to the fishermen, who are willing to do fishing within the norms.

Senior advocate Sanjay Hegde, appearing for the Tamil Nadu government, said that these fishermen many a times violate the norms of the state and go to purse seine fishing within its jurisdiction in the name of going beyond its jurisdiction.

The bench asked Nataraj to submit details of fishing done in other states and what are the arrangements followed in those jurisdictions.

On January 24, 2023, in a relief to fishermen, the top court conditionally allowed purse seine fishing beyond the territorial waters of the state but within the exclusive economic zone.

It had noted that some coastal states like Gujarat, Kerala, Andhra Pradesh, Odisha, Karnataka, Goa and West Bengal do not have any restrictions on this type of fishing within their territorial waters.

"This ban has been imposed by the state of Tamil Nadu and also by the state of Maharashtra. The coastal states are therefore divided on this issue," it had noted, adding as far as fishing beyond the territorial waters, but within Exclusive Economic Zone (EEZ) is concerned, the Centre has placed no restrictions on this method of fishing.

The top court said its prima facie opinion is that the interest of all parties needs to be protected, and imposed a slew of conditions including only registered fishing vessels, that is a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 and registered with the state government under rules and regulations currently in force in Tamil Nadu will be given permission to do such fishing.

It said the fisheries department will give permission to only those boats where an approved vessel tracking system has been installed and which shall be kept running during the operating time of the vessels.

The top court had said that these vessels will be allowed to operate only twice a week on Mondays and Thursdays. All other restrictions of the non-fishing period will apply to them as applicable to all other fishing activity.

The top court had added that it will be mandatory for all sailors to keep their biometric card/photo ID with them and provide the vessel tracking system code to the fisheries department, marine police, Coast Guard and the Indian Navy.

It had said the fisheries department of the state shall also give a colour code to these purse seine fishing boats for the said purposes and the registration number of these vessels shall be prominently displayed on the boat.

The top court had said considering the subsequent development since 1994 and the stand taken by the central government in their affidavits, the interim order is passed and the issue is left open for deeper consideration after further inputs are received from the committee set up by the union government.

The petitioners, which included fishermen associations, had argued the restriction imposed by the state government in not allowing their fishing vessels to fish beyond its territorial waters was "illegal". They said the state was exercising control in the area which is beyond its jurisdiction.

The state government has contended that this method of fishing is 'pernicious' and harmful to marine life, including fish. It has said purse seine fishing is a non-­selective fishing technology which captures all kinds of fish including protected species.

On March 25, 2000, the fisheries department of Tamil Nadu had banned, inter alia, the use of purse seine fishing nets within its territorial waters (12 nautical miles or 22 km from the coast line).

The Madras High Court had on February 5, 2019 dismissed a challenge to the order of the state fisheries department.