Fisherman Care v. the Government of India Department of Animal Husbandry, Dairying and Fisheries Rep. by Its Secretary and Ors.
[2026] 9 S.C.R. 319 : 2026 INSC 937
Fisherman Care
v.
The Government of India Department of Animal Husbandry,
Dairying and Fisheries Rep. by its Secretary and Ors.
(Special Leave Petition (Civil) No. 8442 of 2021)
02 September 2026
[Pamidighantam Sri Narasimha and Alok Aradhe, JJ.]
Issue for Consideration
The issue under consideration relates to the right of fishermen
using purse seine nets to access the Exclusive Economic Zones
[EEZ] beyond the territorial waters of the State of Tamil Nadu.
Headnotes†
Tamil Nadu Marine Fishing Regulation Act, 1983 – Tamil
Nadu Marine Fishing Regulation Rules, 2020 – Economic
Zone Rules, 2025 – In exercise of the powers under the Act,
State of Tamil Nadu issued G.O. MS No.40 dated 25.03.2000
through the Department of Animal Husbandry, Dairying and
Fisheries prohibiting fishing using purse seine nets within the
territorial waters for the purposes of conservation of juvenile
fishing stock – The grievance of the applicants is that the
State of Tamil Nadu is invoking Marine Fishing Regulation
Rules, 2020 to prevent them from even carrying these purse
seine nets to the EEZ for fishing beyond 12 nautical miles
which is outside the realm of the State’s regulation – This
Court made an interim arrangement allowing the Purse Seine
Fishing beyond the territorial waters of Tamil Nadu, but within
the EEZ, with certain conditions – After the referred interim
order, Union of India placed on record the final report of the
Expert Committee:
Held: In the final report, the Expert Committee analysed the
technical characteristics of the usage of purse seine nets in
India along with sustainability concerns of overfishing – It also
examined State-wise guidelines regulating purse seine nets
as well as stakeholders’ concerns regarding the asymmetric
regulatory regimes across different States – While balancing the
economic interests of purse seine net users with environmental
320 [2026] 9 S.C.R.
Supreme Court Reports
sustainability, the Expert Committee recommended, inter-alia
for innocent passage of vessels which intend to fish in the EEZ
through the territorial waters regulated by the State, special annual
permits may be issued by Tamil Nadu Fishing authorities based
on specified criteria – Following the final recommendations of the
Expert Committee, in exercise of its power u/s.7(1) of the Territorial
Waters, Continental Shelf, EEZ and Other Maritime Zones
Act, 1976, Union of India framed and notified the Sustainable
Harnessing of Fisheries in the Exclusive Economic Zone Rules,
2025 (EEZ Rules 2025) on 04.11.2025 – r.2(1)(a) contemplates
‘Access Pass’ to fishing vessels permitting fishing in the EEZ –
The Rules also outline other important obligations that vessels
fishing in India’s EEZ must comply with, such as reporting of
the fish caught, requirement of an identity card for fishermen
and crew of fishing vessels u/rr.12 and 13 – Now, there are two
distinct legal regimes, operating in two regulatory provinces,
while one regulates fishing activities in the EEZ governed by
the EEZ Rules, 2025, the other regulates such activities in the
territorial waters governed by the Marine Fishing Regulation
Rules, 2020 – There is no conflict between the two – The powers
of both the Union and the State are co-equal and autonomous
in each of their legislative spheres – For effective and efficient
implementation of these rules and regulations, it is necessary for
the Union and the State to abide by the principle of cooperative
federalism – The Union as well as the State administration to
ensure that the stakeholders have easy access and efficient
clearance of their applications to pursue their fundamental rights
u/Art.19(1)(g) of the Constitution of India – As far as status of
applications Access Passes under the EEZ Rules, 2025 on the
Registration and Licensing of Fishing Craft Portal is concerned,
it is seen that out of the total 257 applications made, almost 226
applications are still pending verification by the State – It appears
that only 6 Access Passes have been issued – This is said to
be the lowest among all coastal States – Not processing the
applications in time, virtually amounts to imposing an unwritten
ban, which is impermissible in law – The State is directed to
ensure effective, efficient and timely clearance of the applications
as per the rules and regulations which govern the subject.
[Paras 11, 12, 12.2, 14-16]
Tamil Nadu Marine Fishing Regulation Act, 1983 – Tamil Nadu
Marine Fishing Regulation Rules, 2020 – rr.15(5) and (6) –
Economic Zone Rules, 2025 – Directions issued:
[2026] 9 S.C.R. 321
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
Held: (i) The rights and liabilities of the parties will now be governed
as per the relevant laws, EEZ Rules, 2025 and the Tamil Nadu
Marine Fishing Regulation Rules, 2020; (ii) The State Government
to frame necessary rules/regulations designating a specified
channel u/rr.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 – These rules/regulations may
be made after taking into account the final recommendations of
the Expert Committee. [Para 17]
Case Law Cited
Union of India and Anr. v. Mohit Minerals Private Ltd. [2022] 9
SCR 300 : (2022) 10 SCC 700; State of Kerala v. Joseph Antony
[1993] Supp. 3 SCR 531 : (1994) 1 SCC 301; Kerala Swathanthra
Malaya Thozhilali Federation and Others v. Kerala Trawlnet Boat
Operators’ Association and Others [1994] Supp. 1 SCR 203 :
(1994) 5 SCC 28 – referred to.
List of Acts
Tamil Nadu Marine Fishing Regulation Act, 1983; Tamil Nadu
Marine Fishing Regulation Rules, 2020; Territorial Waters,
Continental Shelf, Exclusive Economic Zone and Other Maritime
Zones Act, 1976; Exclusive Economic Zone Rules, 2025.
List of Websites
Registration And Licensing of Fishing Craft, Department of
Fisheries, Government of India, https://realcraft.gov.in/web/new/
realcraft_graph/.
List of Keywords
Purse seine nets; EEZ Rules, 2025; Art.19(1)(g) of the Constitution
of India; Territorial waters; Access Passes; Principle of cooperative
federalism; Vehicle Monitoring System (VMS); Distress Alert
Transmitter; Fish stock; National Permit System for fishing vessels;
Fishing stocks.
Case Arising From
CIVIL APPELLATE/ORIGINAL JURISDICTION: Special Leave
Petition (Civil) No. 8442 of 2021
322 [2026] 9 S.C.R.
Supreme Court Reports
From the Judgment and Order dated 20.04.2021 of the High
Court of Judicature at Madras in WP No. 5356 of 2021
With
Writ Petition (Civil) No. 262 of 2022
Appearances for Parties
Advs. for the Petitioner(s):
S. G. Husnain, Sanjay R. Hegde, Sr. Advs, Girish Chandra Gupta,
C. R. Jaya Sukin, Praveen Kumar, Ms. Yashika Anand, Ms. Latika
Bajaj, Ms. Laveena Tak, Sayyada, Narender Kumar Verma,
Ms. Jayasree Narasimhan, Siddheesh Yadav, R. Sarbeshvaran.
Advs. for the Respondent(s):
K. M. Nataraj, A.S.G., Dr. N. Visakamurthy, Vatsal Joshi, Vinayak
Sharma, Ms. Indira Bhakar, Annirudh Sharma-(II), Chitransh
Sharma, Raman Yadav, Rajeshwari Shankar, Arvind Kumar
Sharma, Ms. Madhulika Upadhyay, Ms. G. Indira, Shravan Kumar
Yammanur, Ejaz Maqbool, Zain Maqbool, Meeran Maqbool, Saif
Zia, Ms. Jayshree Satpute, Prasanna S., Ms. Farha Qureshi,
Ms. Injila Muslim Zaidi, Maamidi Ashish Reddy, Prasanna B,
Ms. Ishita Tulsyan, Arun Kumar Maji, Jeewan Kumar, Shashank
Tripathi.
Judgment / Order of the Supreme Court
Judgment
I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022
1. The issue under consideration relates to the right of fishermen using
purse seine nets to access the Exclusive Economic Zones [“EEZ”]
beyond the territorial waters of the State of Tamil Nadu. By this
judgment and order, we are disposing of the I.A. No. 190882/2024
in Writ Petition (C) No. 262 of 2022. We are of the opinion that this
judgment sufficiently encompasses the batch of the Special Leave
Petition as well as the Writ Petitions pending before this Court 1.
2. The short facts necessary for our determination are as follows. In
1983, the State of Tamil Nadu exercising its legislative mandate
1 SLP (C) No. 8442/2021, W.P. (C) Nos. 262/2022, 710/2022, 1039/2022 and 549/2023.
[2026] 9 S.C.R. 323
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
under List II Entry 21 of the Seventh Schedule of the Constitution of
India enacted the Tamil Nadu Marine Fishing Regulation Act, 1983
[“1983 Act”]. Provisions of this Act that are relevant for our purpose
are; Section 3(k) defining “specified area” as an area in the sea
along the coastline of the State, but not beyond territorial waters,
Section 5 empowering the State Government to issue notifications
to regulate, restrict, or prohibit fishing activities in the specified area
and Section 7 requiring the owner of any fishing vessel to apply to
an authorized officer for a license to fish in specified area.
3. In exercise of the powers under the Act, State of Tamil Nadu issued
G.O. MS No. 40 dated 25.03.2000 (hereinafter referred to as the
impugned G.O) through the Department of Animal Husbandry,
Dairying and Fisheries prohibiting fishing using purse seine nets
within the territorial waters for the purposes of conservation of
juvenile fishing stock. The impugned G.O. reads as follows:
“PROHIBITION OF FISHING BY PAIR TRAWLING OR
FISHING WITH PURSE-SEINE NETS IN THE ENTIRE
COASTAL AREAS OF TAMIL NADU UNDER TAMIL
NADU MARINE FISHING REGULATION ACT, 1983
No. II(2)/AHFI/396/2000-In exercise of the powers
conferred by clause (a) of sub-section (1) of section 5
of the Tamil Nadu Marine Fishing Regulation Act, 1983
(Tamil Nadu Act 8 of 1983), the Governor of Tamil Nadu
hereby prohibits fishing by Pair Trawling or fishing with
Purse-Seine nets by any fishing vessel/Craft, whether
country craft or mechanised boat, irrespective of their
size, and power of the engine, in the entire coastal areas
of Tamil Nadu in the territorial waters, as a measure to
conserve the fishery.
2. The order shall come into effect on and from 25th
March 2000.”
4. To enforce the mandate of the GO authoritatively, State of Tamil
Nadu also issued the Tamil Nadu Marine Fishing Regulation Rules,
2020 [“Marine Fishing Regulation Rules, 2020”]. Rules 15 and 17
of the Marine Fishing Regulation Rules, 2020, regulating fishing
within the territorial waters and use of gear, to the extent they are
relevant for our purpose, are extracted herein for ready reference:
324 [2026] 9 S.C.R.
Supreme Court Reports
“Rule 15 – Regulation In Specified Area
……..
(5) When a mechanised fishing vessel or deep-sea fishing
vessel is taken out from a notified place of berthing or
anchoring, it shall follow a specified channel marked by
the authorized officer having jurisdiction in the sea up
to five or twelve nautical miles limit as the case may be
and then proceed to the fishing grounds;
Provided that the passing of such mechanised fishing
vessel or deep-sea fishing vessel is taken through the
specified channel shall not in any manner cause any
damage to any fishing gear belonging to any person
who engages in fishing in the specified area by using
any country craft and motorized country craft.
(6) The owner of a country craft and motorized country
craft shall not use his gear in the channel earmarked as
the passage for mechanised fishing vessel or deep-sea
fishing vessel.”
“Rule 17 – Regulation on use of gear
…….
(7) No owner or master of any fishing vessel shall carry
on fishing by pair trawling or fishing with purse-seine net
using any fishing vessel or craft whether country craft
or mechanized boat irrespective of their size and power
of the engine in the entire coastal area of the State.”
5. The grievance of the applicants is that the State of Tamil Nadu is
invoking Marine Fishing Regulation Rules, 2020 to prevent them
from even carrying these purse seine nets to the EEZ for fishing
beyond 12 nautical miles which is outside the realm of the State’s
regulation.
5.1 Per Contra, the State of Tamil Nadu submits that as per
Rule 17(7), even carrying purse seine nets in a fishing vessel
is a violation of the ban. Moreover, fishing entities could use
their vessels with purse seine nets in the territorial waters
itself while proceeding to the EEZ. The concern of the State
[2026] 9 S.C.R. 325
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
is that under the guise of fishing in the EEZ, the applicants
could employ purse seine nets within 12 nautical miles, and
it is difficult for the State to regulate such activities despite
the clear prohibition under Rule 17(7).
6. The ban imposed by the impugned GO was the subject matter
of litigation before the Madras High Court. By the judgment and
order dated 20.04.2021, the High Court dismissed the Writ Petition
challenging the said GO. The petitioners therein filed a Special
Leave Petition against the said order and during the pendency of
the Special Leave Petition2, the applicants also filed a Writ Petition
under Article 32 of the Constitution of India seeking permission to
undertake fishing with purse seine nets beyond territorial waters of
the State of Tamil Nadu.
7. Given that the Writ Petitioner’s prayer involved fishing beyond the
territorial waters, this Court vide its order dated 24.08.2022 had
directed the Union of India to constitute an Expert Committee to
submit a detailed report after examining the use of purse seine nets
undertaken by fishermen of different maritime States and Union
Territories within a period of 3 months. The terms of reference of
the Expert Committee included assessing the impact of purse seine
nets on fish population in the EEZ, addressing grievances of various
stakeholders and bringing about a national consensus on use of
purse seine fishing in the EEZ.
8. Pursuant to the above directions, the Expert Committee submitted
an interim report on 15.11.2022 making the following suggestions;
“1. Given the facts elaborated above, a ban on purse
seine fishing is not justified, and may be allowed (in the
TW and EEZ of India) subject to conditions as below.
2. The state government may devise an access plan
(spatial as well as temporal) restricted to a specified
fishing window every year depending on best scientific
advice at the state’s disposal from time to time without
violating the seasonal fishing ban and other existing
fishing regulations. This arrangement may be reviewed
periodically for its impact through scientific studies.
2 Special Leave Petition No. 8442 of 2021.
326 [2026] 9 S.C.R.
Supreme Court Reports
3. The Government of India may devise and implement
a comprehensive seine fishery management plan for
areas beyond territorial waters.
4. The government may regulate the fishing capacity of
the purse seine fishery through standardizing/specifying
the boat size/engine power/gear size and mesh size for
catching specific resources or for operation in specific
zones. The Government may also devise mechanisms
to prevent practices like registering units that operate
purse seines under other gear categories to circumvent
regulations.
5. The Government may work on mechanisms to
implement a catch declaration system on a pilot scale
for the purse seine fishery.
6. The above measures specific to the purse seine fishery
may be supplemented by other overarching fishery
management measures such as preventing accelerate
capture of juveniles through mesh size regulation and
notifying minimum legal size (MLS) for major targeted
species, installation of vessel monitoring details system
(VMS), and guidelines for vessel construction and
adoption of sea safety measure.”
9. A broad overview of these recommendations indicates that purse
seine nets do not cause any major environmental harm in the maritime
zones on population of fishing stocks. While an outright blanket ban
is not suggested, the Expert Committee’s view was that there must
be effective regulation on the use of these nets.
10. Taking note of the limited relief sought by the applicants, i.e. to
transit through Tamil Nadu’s territorial waters to fish in the EEZ, this
Court by order dated 24.01.2023 made an interim arrangement to
the following effect;
“13. After hearing both sides at some length, we are of
a prima facie opinion, that interest of all parties need to
be protected. Hence, we propose to pass a restricted
interim order, allowing the Purse Seine Fishing beyond
the territorial waters of Tamil Nadu, but within the
Exclusive Economic Zone, with certain conditions. These
conditions are as follows:
[2026] 9 S.C.R. 327
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
i) 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.
ii) 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.
iii) 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 non-fishing period
applying as is applicable to all other fishing activity.
iv) 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.
v) It shall be mandatory for all the sailors to keep their
biometric card/photo ID with them.
vi) It shall be mandatory to provide the code of the
VTS to the Fisheries Department, Marine Police,
Coast Guard and the Indian Navy.
vii) Fisheries Department of the State shall also give
a colour code to these Purse Seine Fishing Boats
for the above purposes.
viii) 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.
328 [2026] 9 S.C.R.
Supreme Court Reports
ix) 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.
x) 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.”
11. Almost a year after the above-referred interim order, Union of
India placed on record the final report of the Expert Committee on
31.05.2024. In the final report, the Expert Committee analysed the
technical characteristics of the usage of purse seine nets in India
along with sustainability concerns of overfishing. It also examined
State-Wise guidelines regulating purse seine nets as well as
stakeholders’ concerns regarding the asymmetric regulatory regimes
across different States. While balancing the economic interests of
purse seine net users with environmental sustainability, the Expert
Committee recommended:
a) For innocent passage of vessels which intend to fish in the
EEZ through the territorial waters regulated by the State,
special annual permits may be issued by Tamil Nadu Fishing
authorities based on specified criteria such as the optimum
fishing fleet for different vessel categories and the age of the
vessel. The State may also provide designated landing centres
and harbours for docking such permitted fishing vessels.
b) For fisheries management in the State of Tamil Nadu guidelines
have been issued which contain spatial, temporal and technical
regulations regarding the use of these nets depending on the
territorial zone of fishing.
c) Introduction and enforcement of a Vehicle Monitoring System
(VMS) and a Distress Alert Transmitter by the State to ensure
the safety of fishing vessels. This system shall also consist of
a mandatory catch reporting log to keep track of criteria like
area of operation, number of fishing days and amount of fish
stock caught by each authorised vessel. This data will facilitate
the State to conduct a proper assessment of fish stock and
appropriately make regulations in a scientific manner.
[2026] 9 S.C.R. 329
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
d) Union of India to establish a nodal agency for implementation
of a National Permit System for fishing vessels using purse
seine nets on a centralised platform for smooth registration
licensing and other operational formalities to fish in the EEZ.
12. Following the final recommendations of the Expert Committee,
in exercise of its power under Section 7(1) of the Territorial
Waters, Continental Shelf, Exclusive Economic Zone and Other
Maritime Zones Act, 1976, Union of India framed and notified the
Sustainable Harnessing of Fisheries in the Exclusive Economic
Zone Rules, 2025 (“EEZ Rules 2025”) on 04.11.2025. Rule 2(1)(a)
contemplates ‘Access Pass’ to fishing vessels permitting fishing in
the EEZ and this is issued by the Issuing Authority, defined under
Rule 2(1)(j) as an officer not below the rank of Deputy Director
in the Department of Fisheries in the Central Government.
Rule 2(1)(r) defines ‘Verifying Officer’ as an officer of the State
designated by the Central Government in consultation with the State
Government for verifying documents and for physical inspection of
fishing vessel for grant of Access Pass.
12.1 While Rule 3 deals with the criteria for providing the ‘Access
Pass’, Rule 4 delineates the process for issuing the pass,
which includes making an application as per format given
under Form-I for grant of permission to adopt purse seine
fishing in the EEZ. These rules enable the authorities to have
a database of VMS.
12.2 Rule 8 provides for a fisheries management plan that the
Central Government would be required to prepare following
an eco-centric approach to ensure sustainable fishing. The
Rules also outline other important obligations that vessels
fishing in India’s EEZ must comply with, such as reporting of
the fish caught, requirement of an identity card for fishermen
and crew of fishing vessels under Rules 12 and 13. It also
places an obligation on the Central Government to prohibit
juvenile fishing in the EEZ under Rule 14 as well as prepare
a National Action Plan to prevent illegal or unregulated fishing
under Rule 15.
13. We now have the entire legal regime through which purse seine
fishing can be regulated in the EEZ, while addressing the concerns
of the State Government within the territorial waters.
330 [2026] 9 S.C.R.
Supreme Court Reports
14. There are two distinct legal regimes, operating in two regulatory
provinces, while one regulates fishing activities in the EEZ governed
by the EEZ Rules, 2025, the other regulates such activities in the
territorial waters governed by the Marine Fishing Regulation Rules,
2020. Before addressing the question of access under these two
sets of rules, we make it clear that there is no conflict between the
EEZ Rules, 2025 of the Union and the Marine Fishery Regulation
Rules, 2020 of the State of Tamil Nadu. While the power to regulate
fishing and fisheries beyond territorial waters falls under Entry 57 of
List I and lies within the legislative competence of the Parliament and
the executive power of the Union, the legislative power to regulate
fisheries in territorial waters vests with the State Legislature under
Entry 21 of List II and the executive power of the State. The powers
of both the Union and the State are co-equal and autonomous in
each of their legislative spheres. 3
15. Laws, Rules and Regulations addressing the issue of access to EEZ
for fishing using purse seine nets, transiting through the territorial
waters of the State have come into force and are operating. For
effective and efficient implementation of these rules and regulations,
it is necessary for the Union and the State to abide by the principle of
cooperative federalism. The Union as well as the State administration,
are the duty bearers not only to implement the respective regulations
within their province, but also to ensure that the stakeholders have
easy access and efficient clearance of their applications to pursue
their fundamental rights under Article 19(1)(g) of the Constitution of
India, of course subject to reasonable regulations. 4
16. On the practical side and as a reality check, we note that status of
applications for Access Passes under the EEZ Rules, 2025 on the
Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal)
as on 03.08.2026 is rather disturbing and demonstrates a lack of
3 Constituent Assembly Debates, Vol. 11 (25 November 1949). [Dr. B R Ambedkar – “As to the relation
between the Centre and the States, it is necessary to bear in mind the fundamental principle on which
it rests. The basic principle of Federalism is that the Legislative and Executive authority is partitioned
between the Centre and the States not by any law to made by the Centre but by the Constitution itself.
This is what the Constitution does. The States under our Constitution are in no way dependent upon the
Centre for their legislative or executive authority. The Centre and the States are co-equal in this matter.”]
4 Union of India and Anr. v. Mohit Minerals Private Ltd. (2022) 10 SCC 700, paragraphs 51 to 54 and State
of Kerala v. Joseph Antony (1994) 1 SCC 301, paragraph 28; Kerala Swathanthra Malaya Thozhilali
Federation and Others v. Kerala Trawlnet Boat Operators’ Association and Others (1994) 5 SCC 28,
paragraph 27.
[2026] 9 S.C.R. 331
Fisherman Care v. The Government of India Department of Animal
Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.
coordinated endeavour between the Issuing Authority appointed by
the Union and the Verifying Authority of the State, who is a State
Government Official.5 It is seen that out of the total 257 applications
made, almost 226 applications are still pending verification by the
State of Tamil Nadu. It appears that only 6 Access Passes have been
issued. This is said to be the lowest among all coastal States. Not
processing the applications in time, virtually amounts to imposing
an unwritten ban, which is impermissible in law. The State of Tamil
Nadu is directed to ensure effective, efficient and timely clearance
of the applications as per the rules and regulations which govern
the subject.
17. Having noted the laws and regulations that are now in operation
and having emphasised the obligation of the respective regulatory
authorities, we are of the opinion that the I.A. can now be disposed
of with the following directions;
(i) the rights and liabilities of the parties will now be governed as
per the relevant laws, EEZ Rules, 2025 and the Tamil Nadu
Marine Fishing Regulation Rules, 2020’.
(ii) 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. These rules/regulations may be made after
taking into account the final recommendations of the Expert
Committee.
18. With these directions, I.A. No. 190882/2024 stands disposed of.
Result of the case: IA disposed of.
†Headnotes prepared by: Ankit Gyan
5 Registration And Licensing of Fishing Craft, Department of Fisheries, Government of India, < https://
realcraft.gov.in/web/new/realcraft_graph/ > - Annexure A1 of Brief Note on Behalf of Respondent No.1-
Union of India.