The Fisheries Department, Government of Tamil Nadu vide its Order dated 25 March, 2000 had banned, inter alia, the use of Purse Seine Fishing nets within its territorial waters i.e. The Division Bench of the Madras High Court, however, dismissed the Writ Petition holding that the Government has taken an informed decision by banning Purse Seine Fishing within its territorial waters, and the petition before it was by only “a class of affluent fishermen”, and thus declined to revisit the matter, dismissing their petition vide Order dated 20 April, 2021.
In Writ Petition
No 1039 of 2022, the specific prayer is to strike down sub-rule (7) of Rule 17 of Tamil Nadu Marine Fishing Regulation Rules, 2020, sub-rule (7) reads as under :- “(7) No owner or master of a fishing vessels shall carry on fishing by pair trawling or fishing with purse seine net using any fishing vessel or craft whether country craft or mechanised boat irrespective of their size and power of the engine in the entire coastal area of the State.”
In short the petitioners are aggrieved by the restrictions imposed by the Tamil Nadu Government on Purse Seine Fishing.
They would argue that though the Government of Tamil Nadu has no jurisdiction to impose any kind of restrictions for fishing beyond its territorial waters, but for the reasons that their vessels are fitted with purse seine nets, the State Government is not allowing their vessels to pass through its territorial waters, thereby effectively prohibiting them to fish even in waters beyond the territorial jurisdiction of the State, and for which there is apparently no restriction in law.
Fishing and fisheries beyond territorial waters.”
Thus, the petitioner would argue that the restriction imposed by the State Government in not allowing their fishing vessels to fish beyond its territorial waters are absolutely illegal, and the State Government is exercising control which is beyond the jurisdiction of the State Government under the Constitution of India. He would also submit that even if the petitioners would be fishing beyond the territorial limits of the State, yet they would be catching a large quantity of fish which has its movement towards the coast and by catching them midway the petitioners are depriving the traditional fishermen of their catch, which belongs to them. We have been informed at the bar that some of the coastal States/Union Territories such as Gujarat, Kerala, Andhra Pradesh, Odisha, Karnataka, Goa and West Bengal have not made any restrictions on Purse Seine Fishing, within its territorial waters.
February 2023, and in case, they are not allowed to fish beyond territorial waters they would also be incurring a huge loss as there has been a large investment on their part for purchase of vessels as well as Purse Seine Fishing Nets. 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. He had argued that this Court in these two decisions had made adverse comments on Purse Seine Fishing.
Pleadings be completed in the meantime.
Case Title: FISHERMAN CARE Vs. THE GOVERNMENT OF INDIA DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES REP. BY ITS SECRETARY (2023 INSC 82)
Case Number: SLP(C) No.-008442 / 2021
