Union & State Of Tamil Nadu Must Follow Cooperative Federalism For Purse Seine Fishing Access To EEZ: Supreme Court
The Court also held that the Union’s EEZ Rules, 2025 and Tamil Nadu’s Marine Fishing Regulation Rules, 2020 operate in distinct regulatory fields and do not conflict with each other.
Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe, Supreme Court
The Supreme Court held that effectively regulating purse seine fishing access to the Exclusive Economic Zone, while transiting through Tamil Nadu’s territorial waters, requires the Union and the State to act in accordance with cooperative federalism.
The Court directed Tamil Nadu to frame necessary rules or regulations designating a specified channel under Rules 15(5) and 15(6) of the Tamil Nadu Marine Fishing Regulation Rules, 2020 for transit of vessels from territorial waters to the EEZ for fishing using purse seine nets.
The Court was hearing an interlocutory application in a writ petition concerning the right of fishermen using purse seine nets to access the EEZ beyond Tamil Nadu's territorial waters, while also noting that the judgment sufficiently encompassed the connected Special Leave Petition and writ petitions pending before it.
A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed: “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”
Background
The matter arose from Tamil Nadu’s regulation of marine fishing within its territorial waters under the Tamil Nadu Marine Fishing Regulation Act, 1983. The State had issued a Government Order prohibiting fishing by pair trawling or fishing with purse seine nets in the entire coastal areas of Tamil Nadu in territorial waters, as a measure to conserve fishery.
The applicants’ grievance was that Tamil Nadu was invoking the Marine Fishing Regulation Rules, 2020 to prevent them even from carrying purse seine nets to the EEZ for fishing beyond 12 nautical miles, which they contended was outside the State’s regulatory realm. Tamil Nadu submitted that Rule 17(7) treated even carrying purse seine nets in a fishing vessel as a violation of the ban, and expressed concern that vessels may use the nets within territorial waters under the guise of proceeding to the EEZ.
During the proceedings, the Court directed the Union of India to constitute an Expert Committee to examine the use of purse seine nets by fishermen of different maritime States and Union Territories. The Court later passed an interim arrangement allowing purse seine fishing beyond Tamil Nadu’s territorial waters but within the EEZ, subject to conditions including registration, vessel tracking, restricted operating days, fixed timings, identity documents, landing centres and sharing of tracking data.
After the final recommendations of the Expert Committee, the Union of India framed the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. The Rules contemplate Access Passes for fishing vessels, verification by State officers, vessel monitoring, catch reporting, identity cards and measures against juvenile and illegal fishing.
Court’s Observations
The Court noted that the Expert Committee had examined the impact of purse seine nets on fish population in the EEZ and addressed concerns of different stakeholders. It recorded that the Committee did not favour an outright ban, but recommended regulation.
The Court observed: “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.”
The Court held that the legal framework had developed after the interim arrangement and that purse seine fishing could now be regulated in the EEZ while addressing Tamil Nadu’s concerns within territorial waters.
The Bench observed: “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.”
It further held that there was no conflict between the Union’s EEZ Rules, 2025 and Tamil Nadu’s Marine Fishing Regulation Rules, 2020, because they operate in different regulatory spheres.
The Court observed: “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.”
The Court took note of the status of Access Pass applications on the Registration and Licensing of Fishing Craft Portal and found the situation indicative of lack of coordination between the Union’s issuing authority and the State’s verifying authority.
The Bench observed: “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 Court accordingly directed Tamil Nadu to ensure effective, efficient and timely clearance of applications in accordance with the governing rules and regulations.
The Court disposed of the interlocutory application after recording that the rights and liabilities of the parties would now be governed by the relevant laws, the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.
The Bench 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. These rules/regulations may be made after taking into account the final recommendations of the Expert Committee.”
Conclusion
The Supreme Court disposed of the interlocutory application with directions that the rights and liabilities of the parties would be governed by the applicable legal regime, including the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020. It directed Tamil Nadu to frame rules or regulations designating a specified channel for transit of vessels from territorial waters to the EEZ for fishing using purse seine nets, after taking into account the Expert Committee’s final recommendations.
Cause Title: Fisherman Care v. The Government of India Department of Animal Husbandry, Dairying and Fisheries (Neutral Citation: 2026 INSC 937)