Supreme Court asks Tamil Nadu to frame rules for fishing vessel transit to EEZ

The Supreme Court on Wednesday directed the Tamil Nadu government to formulate rules for a "specified channel" or official navigation corridor under the Marine Fishing Regulation Rules, 2020. This corridor would allow fishing vessels to transit from the state's territorial waters to the Exclusive Economic Zone (EEZ) for purse seine fishing.

A Division Bench of Justices P.S. Narasimha and Alok Aradhe was hearing applications concerning the rights of fishermen using purse seine nets to access the EEZ beyond Tamil Nadu's territorial waters. The state had expressed concerns that fishers could use purse seine nets within the 12-nautical-mile territorial waters under the guise of fishing in the EEZ, making regulation difficult.

Fishermen, on the other hand, argued that Tamil Nadu was invoking the 2020 Rules to prevent them from even carrying purse seine nets to the EEZ for fishing beyond 12 nautical miles, which falls outside the state's regulatory realm.

The court concluded that fishing within and outside the state's territorial waters is covered by specific legislation: the Tamil Nadu Marine Fishing Regulation Rules, 2020, and the central Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules (EEZ Rules), 2025. The 2020 Rules regulate fishing within territorial waters and the use of gear, enforcing a March 2000 state prohibition on pair trawling and purse seine fishing as a conservation measure. The EEZ Rules provide for an 'access pass' for fishing vessels permitted into the EEZ.

Upholding both sets of rules as well-defined, the court stated that the "rights and liabilities of the parties will now be governed as per the relevant laws." It observed that there is no conflict between the central EEZ Rules and the state's Marine Fishery Regulation Rules, 2020.

The court noted that the Centre's power to regulate fishing beyond territorial waters under Entry 57 of List I and the State's authority under Entry 21 of List II are "co-equal and autonomous in each of their legislative spheres."

Emphasising the need for "co-operative federalism," the court said both the Union and the State are duty bearers to implement respective regulations and ensure stakeholders have easy access and efficient clearance of applications to pursue fundamental rights under Article 19(1)(g), subject to reasonable regulations.

The court expressed concern that only six access passes were issued as of August 3 out of 257 applications made on the Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal), with nearly 226 applications pending verification by Tamil Nadu. It described this as the lowest among all coastal states, stating that not processing applications in time "virtually amounts to imposing an unwritten ban, which is impermissible in law."

The court directed Tamil Nadu to ensure timely clearance of applications for access passes.