Fisherman Care vs The Government of India Department of Animal Husbandry, Dairying and Fisheries Rep. by its Secretary and Ors.

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 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: 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]