The Supreme Court has directed the Tamil Nadu Government to ensure the effective, efficient and timely processing of applications seeking access passes for fishing in India’s Exclusive Economic Zone, observing that failure to decide such applications within a reasonable time virtually imposes an “unwritten ban” that is impermissible in law.
A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe also directed the State Government to frame appropriate rules or regulations designating a specified channel through which vessels carrying purse-seine nets may transit across Tamil Nadu’s territorial waters to undertake fishing in the Exclusive Economic Zone (EEZ).
The Court clarified that fishing within Tamil Nadu’s territorial waters and fishing beyond those waters in the EEZ are governed by two distinct legal regimes. While Tamil Nadu possesses the constitutional authority to regulate fishing within its territorial waters, fishing activities in the EEZ fall within the legislative and executive domain of the Union Government.
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The dispute concerned the right of fishermen using purse-seine nets to access the EEZ situated beyond Tamil Nadu’s territorial waters.
Tamil Nadu enacted the Tamil Nadu Marine Fishing Regulation Act, 1983 to regulate fishing activities in the sea along its coastline, but not beyond its territorial waters. In exercise of its powers under the legislation, the State issued a Government Order on March 25, 2000 prohibiting pair trawling and fishing with purse-seine nets throughout its territorial waters.
The prohibition was introduced as a conservation measure, particularly to protect juvenile fish stocks. It applies to all fishing vessels and crafts, regardless of their size or engine capacity.
The prohibition was subsequently reinforced through the Tamil Nadu Marine Fishing Regulation Rules, 2020. Rule 17(7) prohibits owners or masters of fishing vessels from carrying out pair trawling or purse-seine fishing in the State’s entire coastal area.
The fishermen’s grievance was that Tamil Nadu authorities were invoking the 2020 Rules not merely to prevent purse-seine fishing within territorial waters, but also to prevent vessels from carrying such nets while transiting through territorial waters to reach the EEZ beyond 12 nautical miles.
The applicants contended that the area beyond Tamil Nadu’s territorial waters fell outside the State’s regulatory jurisdiction.
Tamil Nadu, however, expressed concern that vessels carrying purse-seine nets could use them within territorial waters while ostensibly proceeding to the EEZ. The State argued that detecting and regulating such violations would be difficult despite the express prohibition under the 2020 Rules.
The validity of Tamil Nadu’s prohibition had earlier been challenged before the Madras High Court. The High Court dismissed the challenge on April 20, 2021, following which the matter reached the Supreme Court.
As the fishermen specifically sought permission to undertake purse-seine fishing beyond Tamil Nadu’s territorial waters, the Supreme Court, by an order dated August 24, 2022, directed the Union Government to constitute an Expert Committee.
The Committee was asked to study the use of purse-seine nets by fishermen in different coastal States and Union Territories, assess their impact on fish populations in the EEZ, consider stakeholder grievances and explore the possibility of a nationally consistent regulatory framework.
In its interim report dated November 15, 2022, the Expert Committee concluded that an outright ban on purse-seine fishing was not justified. It recommended that the practice be permitted subject to regulatory conditions.
The recommendations included prescribing spatial and seasonal fishing limits, regulating vessel and engine capacity, standardising the size of nets and mesh, introducing catch-declaration systems, installing vessel-monitoring equipment and taking measures to prevent the capture of juvenile fish.
The Supreme Court noted that a broad reading of the interim recommendations indicated that purse-seine nets did not cause major environmental harm to fish stocks in India’s maritime zones. However, the Committee had emphasised the need for effective regulation instead of an unrestricted right to use such nets.
The Supreme Court passed an interim order on January 24, 2023 permitting restricted purse-seine fishing beyond Tamil Nadu’s territorial waters but within the EEZ.
The interim arrangement applied only to registered fishing vessels. It required vessels to have an approved and operational vessel-tracking system and restricted their operations to Mondays and Thursdays.
The vessels were required to leave the coastline on or after 8 am and return to a designated location by 6 pm on the same day. Sailors were required to carry biometric cards or photo identity documents.
The Court also required the vessel-tracking codes to be shared with the Fisheries Department, Marine Police, Coast Guard and Indian Navy. Registration numbers had to be displayed prominently, while tracking data for every trip had to be submitted to the designated fisheries authority after the vessel returned to shore.
The Expert Committee submitted its final report on May 31, 2024 after examining the technical characteristics of purse-seine fishing, sustainability concerns, differing State-level regulations and the competing economic interests of fishermen.
For vessels seeking passage through Tamil Nadu’s territorial waters to fish in the EEZ, the Committee recommended the issuance of special annual permits by the State’s fishing authorities.
Such permits could be granted on the basis of criteria including the optimum fleet size for different vessel categories and the age of the vessels. The State could also designate landing centres and harbours for vessels receiving such permission.
The Committee further recommended the introduction and enforcement of a Vessel Monitoring System and Distress Alert Transmitter. A mandatory catch-reporting log was also proposed to record the area of operation, number of fishing days and quantity of fish caught by every authorised vessel.
At the national level, the Committee recommended the establishment of a nodal agency to implement a centralised permit system for vessels using purse-seine nets in the EEZ.
Following the Committee’s recommendations, the Union Government notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 on November 4, 2025.
The Rules introduced an “Access Pass” mechanism for vessels seeking permission to fish in the EEZ. The pass is issued by a Central Government officer not below the rank of Deputy Director in the Department of Fisheries.
The Rules also contemplate the appointment of a State officer as the verifying authority for examining documents and physically inspecting vessels before the access pass is granted.
Applications for adopting purse-seine fishing in the EEZ are required to be submitted in the prescribed format. The regulatory framework enables authorities to maintain vessel-monitoring data and requires the Central Government to prepare a fisheries management plan based on an eco-centric approach.
The Rules additionally provide for reporting the catch, carrying identity cards for fishermen and crew members, prohibiting juvenile fishing and preparing a National Action Plan to prevent illegal or unregulated fishing.
The Supreme Court held that there was no conflict between the Union Government’s EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.
It explained that Parliament and the Union Government possess the authority to regulate fishing and fisheries beyond territorial waters under Entry 57 of List I of the Seventh Schedule to the Constitution.
Tamil Nadu, on the other hand, has the power to regulate fishing within territorial waters under Entry 21 of List II.
The Court emphasised that the Union and State Governments exercise co-equal and autonomous authority within their respective legislative spheres.
However, where fishermen must pass through State-controlled territorial waters to exercise their right to fish in the Union-regulated EEZ, effective implementation requires cooperation between both governments.
The Court said the Union and State administrations are duty-bound not only to enforce their respective regulations but also to provide stakeholders with easy access and efficient clearance of applications submitted to pursue their fundamental right to carry on an occupation under Article 19(1)(g) of the Constitution. That right, however, remains subject to reasonable regulation.
The Supreme Court expressed serious concern over the status of applications filed through the Registration and Licensing of Fishing Craft, or ReALCRaft, portal.
As of August 3, 2026, a total of 257 applications had been submitted for access passes. Of these, approximately 226 were pending verification by the Tamil Nadu authorities, while only six access passes had reportedly been issued.
The Court observed that this was the lowest number of passes issued among all coastal States.
It described the situation as “rather disturbing” and said it demonstrated a lack of coordinated effort between the access-pass issuing authority appointed by the Union Government and the verifying authority functioning under the Tamil Nadu Government.
Significantly, the Bench observed, “Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law.”
The Court consequently directed Tamil Nadu to ensure that applications are cleared effectively, efficiently and within a reasonable period in accordance with the governing rules.
The Supreme Court held that the rights and liabilities of the parties would now be governed by the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.
It directed the Tamil Nadu Government to frame the necessary rules or regulations designating a specified channel under Rules 15(5) and 15(6) of the 2020 Rules.
The designated channel will enable vessels carrying purse-seine nets to transit through Tamil Nadu’s territorial waters and reach the EEZ for fishing.
The State Government has been permitted to frame the transit regulations after considering the Expert Committee’s final recommendations, including safeguards relating to permits, designated landing centres, vessel tracking, catch reporting and sustainable fishing.
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