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The Supreme Court on Tuesday passed an interim order allowing purse seine fishing beyond the territorial waters of Tamil Nadu but within the Exclusive Economic Zone, and limited to Mondays and Thursdays in a week [Fisherman Care vs Government of India and ors].
Purse seine fishing employs large vertical nets to surround fish in open water. The nets have cords like a drawstring purse and the bottom part of the net is is drawn together to enclose the fish similar to tightening the cords of a drawstring purse.
A bench of Justices AS Bopanna and Sudhanshu Dhulia said that the Fisheries Department should give permission only to such boats, which are installed with an approved Vessel Tracking System (VTS), and shall be kept running during the operating time of the vessels.
The Court kept open the questions surrounding the legal validity of the ban on purse seine fishing which had been upheld by the Madras High Court in 2021.
The following directions were passed by the Court in its order allowing the purse seine fishing:
Only registered fishing vessel, as on date, will be given permission i.e. a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) as well as registered with the State Government under its Rules or Regulations, presently in force in the State of Tamil Nadu;
The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System (VTS), which shall be kept running during the operating time of vessels;
These vessels will be allowed to operate only twice a week i.e., on Monday and Thursday of each week with the other restrictions of nonfishing period applying as is applicable to all other fishing activity;
The vessels which will be given this permission shall leave the coastline on or after 8 AM and shall return to the designated place positively by 6 PM on the same day;
It shall be mandatory for all the sailors to keep their biometric card/photo ID with them;
It shall be mandatory to provide the code of the VTS to the Fisheries Department, Marine Police, Coast Guard and the Indian Navy;
Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats for the above purposes;
The Registration Number of these vessels shall be prominently displayed on the boat. In order to ensure that the vessels have fished only outside the territorial waters of the State, the tracking data of each vessel for each of its trips shall be submitted the same day to the concerned Assistant Commissioner, Fisheries, or such other designated officer, after the vessels reach ashore;
These boats shall be allowed to land/dock only at one or more than one designated centre, which will be earmarked by the Fisheries Department;
The State Fisheries Department shall display on its website the permission granted by it for this kind of fishing i.e. Purse Seine Fishing to such individuals/companies as the case might be and the registration number of each of the vessels.
The Fisheries Department of the Tamil Nadu government had in 2000 banned the use of purse seine fishing nets within 12 nautical miles (22 kms) off its coastline.
The High Court had in 2019 and 2021, in separate petitions, dismissed challenges to the same, leading to the present batch of three appeals.
Notably, in the second round of litigation, the High Court in refusing to revisit the ban had noted that the same was based on an informed decision and only “a class of affluent fishermen” were moving it.
The petitioners before the top court have also challenged sub-rule 7 of the 2020 Tamil Nadu Marine Fishing Regulations, which enables the ban.
The counsel for the petitioners before the top court submitted that only the Central government can legislate on bans in territorial waters, adding that they have in fact said such fishing can be permitted.
It was submitted that the livelihood of a lot of fisherfolk depend on this method, and interim relief was sought on the grounds that the fishing season is set to begin in February.
The counsel for the State government opposed the same, adding that purse seine fishing ends ups grabbing even protected species of fish and is harmful to marine ecology. Further, demarcation of any boundary beyond which such fishing can be allowed would be difficult to enforce.
The top court at the outset made it clear that the order was an interim one and the ban imposed would continue to be in effect.
The bench stated that that were multiple aspects to look into, in the issue, even as the Union government is still studying it.
“There is definitely a conflict of economic interests, between fishermen. Biological diversity is another aspect which may fall for our consideration here. But on all these aspects, we do not have a full report before us as yet. We have been told at the Bar that the Government of India is examining most of these aspects,” the Court noted.
The bench, therefore, directed that pleadings be completed in the main issue.
It then proceeded to allow purse seine fishing in a limited manner for the time being.
Senior Advocate Mukul Rohatgi appeared for the Tamil Nadu government. Additional Solicitor General KM Nataraj appeared for the Union government.
Senior Advocates Gopal Sankarnarayanan and Sirajudeen appeared for the appellants.
