SC seeks Tamil Nadu's response on plea against fresh ban on fishing by purse seine nets

NEW DELHI: The Supreme Court on Tuesday told the Tamil Nadu government that there can be no overreach of the court's order and sought the state's response to a plea alleging a fresh ban on fishing by purse seine nets.

Purse seine fishing is a method that uses a vertical net attached to a vessel to encircle schools of fish in open water.

A bench of Justices P S Narasimha and Alok Aradhe termed the issue serious as instead of complying with the court's direction, the state government completely banned it.

"We have seen the order. It's no breeding season order which bans fishing during the specific period.

"We will call your secretary. How can our orders be overreached? File your reply in two weeks," the bench told counsel for the Tamil Nadu government.

Advocate Jaya Sukin, appearing for fishermen from Tamil Nadu, submitted that immediately after the court's order of September 2 which allowed fishing by purse seine nets subject to certain conditions, the state government came out with a notification dated September 9 completely banning such kind of fishing.

The plea filed by fishermen said that the state government has deliberately violated this court's order dated September 2, despite the fact that representatives of the state and the director of fisheries were also members of the expert committee and they accepted the final report of the expert committee on fishing by purse seine nets.

On September 2, the top court frowned upon the "unwritten ban" imposed by the Tamil Nadu government on fishermen by not granting access passes for using purse seine nets in the Centre's Exclusive Economic Zones (EEZ), and said it is necessary for the Union and the state to abide by the principle of cooperative federalism.

It ruled that the rights and liabilities of the parties will now be governed according to the relevant laws, EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.

The top court said that the laws, rules and regulations addressing the issue of access to the EEZ for fishing using purse seine nets and transiting through the territorial waters of the state have come into force and are operating.

Giving a reality check, the top court had flagged that out of 257 applications made, 226 applications are still pending verification by Tamil Nadu.

It further directed the state government to frame necessary rules/ regulations designating a specified channel under Rules 15(5) and (6) of the Marine Fishing Regulation Rules, 2020 for transit of vessels from its territorial waters to the EEZ for fishing using purse seine nets.

It noted that the expert panel constituted by the court earlier has broadly said that purse seine nets do not cause any major environmental harm in the maritime zones on the population of fishing stocks.

"The panel has suggested no outright blanket ban on purse seine fishing but it was of the view that there must be effective regulation on the use of these nets," it said.

The bench said the powers of both the Union and the state are equal and autonomous in each of their legislative spheres.

On August 4, the top court, while reserving its decision, told the state government that fishermen must 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.

The NGO 'Fisherman Care' alleged that the state was neither allowing it to do fishing in its territorial waters nor was it allowing them to go beyond 12 nautical miles in the Centre's jurisdiction of the exclusive economic zone.

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 of the Centre.

It 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.

The top court formed an expert panel which had suggested that a ban on purse seine fishing was not justified and may be allowed with a proper access plan for the fishermen.

The top court said that the fisheries department would give permission to only those boats where an approved vessel tracking system had been installed and which should be kept running during the operating time of the vessels.

The state government contended that fishing entities could use their vessels with purse seine nets in the territorial waters itself while proceeding to the EEZ and their concern was that under the guise of fishing in the EEZ, the fishermen could employ purse seine nets within 12 nautical miles.