A two-judge bench, in an interim order, allowed the use of purse seine fishing nets, stating it should be within the exclusive economic zone.
Supreme Court has conditionally allowed use of purse seine fishing nets beyond Tamil Nadu's territorial waters. (iStock)
In a big relief to those using motorised vessels for deep-sea fishing in Tamil Nadu, the Supreme Court on Tuesday, 24 January, allowed the use of purse seine fishing (PSF) nets beyond 12 nautical miles of the state’s territorial waters.
However there are restrictions as well: It should be within the exclusive economic zone and only twice a week for 10 hours each day.
Permitting fishing using fishing vessels fitted with PSF nets every week on Mondays and Thursdays, from 8 am to 6 pm, a bench of Justices AS Bopanna and Sudhanshu Dhulia said that the interim order was passed keeping in view the philosophy of “Jiyo Aur Jeene Do”: Live and let live.
Purse seine fishing net. (Marine Stewardship Council)
Purse seine nets are used out in the deep seas and open oceans and help the fishing vessel catch dense schools of fish, often of a single species, that thrive waters not too far from the coast — such as tuna or mackerel.
The purse seine is like a vertical net with its bottom open. It is used to surround the school of fish and then the bottom is drawn together to enclose the fish.
Stating that “we are of the prima facie opinion that the interest of all parties needs to be protected”, the top court in a “restricted interim order” allowed “purse seine fishing beyond the territorial waters of Tamil Nadu, but within the exclusive economic zone with certain conditions”.
After pronouncing the order, Justice Bopanna said that they passed it after taking into consideration the interest of all sides.
“We cannot take all the contingencies into consideration. This order is to ensure that everybody should survive. Nothing more than that,” he said.
The court noted the divide between the coastal states on the issue.
While Tamil Nadu and Maharashtra had imposed the ban on the use of PSF within their respective territorial waters, Gujarat, Kerala, Karnataka, Andhra Pradesh, Goa, and West Bengal permitted its use within their territorial waters.
The court said that its interim order would be applicable to the fishing vessels registered till date, either under Central law or Tamil Nadu law.
The Tamil Nadu Fishing Department would give permission to only those vessels fitted with the approved vessel tracking system (VTS), which would have to be kept running when the vessel was in operation.
The top court stated that it would be mandatory for the vessel owner to provide the VTS code to the state’s Fisheries Department, Marine Police, Coast Guard, and Indian Navy.
All the sailors and the crew members would have to carry their biometric identity card or photo identity card, the court ordered.
The Tamil Nadu government, by an order dated 25 March, 2000, banned the use of PSF nets within its territorial water — 12 nautical miles (22 km) from its coastline.
The Madras High Court, by its 5 February, 2019, order, dismissed the petitions challenging the ban.
The high court, on 21 April, 2021, dismissed another petition seeking to undertake fishing using PSF nets within the territorial water.
The second attempt to challenge the ban was based on the report of an expert committee.
The petitioners argued that the restrictions imposed on PSF by the Tamil Nadu government were illegal, and that the state government was exercising control that was beyond its jurisdiction under the Constitution of India.
The petitioners challenging the ban argued that the Central government alone had jurisdiction beyond the territorial waters of Tamil Nadu.
It was argued that though Tamil Nadu had no jurisdiction to impose any kind of restriction on fishing beyond its territorial waters, the state government was not allowing their vessels to pass through due to the fact that their vessels were fitted with PSF nets.
This effectively prohibited them from fishing in the waters beyond its territorial jurisdiction, for which there was apparently no restriction in law.
However, the Tamil Nadu government, opposing the challenge, said that using PSF nets for fishing was a “pernicious method” as it was harmful to marine life.
In the course of fishing, the PSF technology captures all kinds of fish, including protected species, having a dangerous effect on marine ecology, it stated.
It had told the court that vessels with PSF technology were used by affluent and rich fishermen or fishing companies.
The vast majority of fishermen in Tamil Nadu, who were traditionally engaged in fishing for their livelihood, could not afford this technology and depended on traditional methods.
The Tamil Nadu government additionally stated that it was difficult to monitor or police vessels on their use of PSF technology.
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