Supreme Court Calls For Cooperative Federalism Between Centre, Tamil Nadu In Regulating Purse Seine Fishing

The Supreme Court on Wednesday observed the Union and State Governments must abide by the principle of cooperative federalism to ensure effective implementation of the regulatory framework governing purse seine fishing in India's Exclusive Economic Zone (EEZ) and territorial waters.

Purse seine fishing uses a large net to encircle and catch schools of fish. EEZ is the sea area extending up to 200 nautical miles from a country's coastline, where the country has special rights to explore, exploit, conserve and manage marine resources such as fish, oil and gas.

“Laws, Rules and Regulations addressing the issue of access to EEZ for fishing using purse seine nets, transiting through the territorial waters of the State have come into force and are operating. 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, are the duty bearers not only to implement the respective regulations within their province, but also to ensure that the stakeholders have easy access and efficient clearance of their applications to pursue their fundamental rights under Article 19(1)(g) of the Constitution of India, of course subject to reasonable regulations”, the Court observed.

The Court was dealing with a controversy that arose over Tamil Nadu's ban on using purse seine nets within its territorial waters (12 nautical miles from the coast), including prohibiting fishermen from carrying the nets through those waters to fish in the EEZ beyond 12 nautical miles. The issue was concerning the right of fishermen using purse seine nets to access the EEZ beyond the territorial waters of Tamil Nadu.

A bench of Justice PS Narasimha and Justice Alok Aradhe directed the State Government to ensure effective, efficient and timely clearance of applications for Access Passes under the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 (EEZ Rules, 2025).

The Court called out the State of Tamil Nadu for not verifying applications for Access Passes. It noted that as of August 3, 2026, a total of 257 applications for Access Passes had been made on the Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal). Of these, around 226 were still pending verification by the Tamil Nadu Government, while only six Access Passes had been issued.

Calling the position “rather disturbing”, the Court said that it demonstrated a lack of coordinated effort between the Issuing Authority appointed by the Union Government and the Verifying Authority, who is a State Government official.

“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 of Tamil Nadu is directed to ensure effective, efficient and timely clearance of the applications as per the rules and regulations which govern the subject”, the Court observed.

Facts

The dispute arose from a 2000 order issued by the Tamil Nadu Government prohibiting fishing by pair trawling or with purse seine nets by any fishing vessel or craft, whether country craft or mechanised boat, irrespective of its size or engine power, in the entire coastal area of Tamil Nadu within the territorial waters. The order stated that the prohibition was imposed as a measure to conserve fishery.

Tamil Nadu subsequently notified the Marine Fishing Regulation Rules, 2020. Rule 15 regulates activities in the specified area, including the movement of mechanised and deep-sea fishing vessels through specified channels up to the five or 12 nautical mile limits. Rule 17(7) provides that no owner or master of a fishing vessel can engage in pair trawling or fishing with purse seine nets using any fishing vessel or craft in the entire coastal area of the State.

The Controversy

The fishermen argued that Tamil Nadu was using Rule 17(7) of the 2020 Rules to prevent them from even carrying purse seine nets through its territorial waters to the EEZ, where they intended to fish beyond 12 nautical miles. They contended that such fishing beyond the territorial waters was outside the State's regulatory jurisdiction.

Tamil Nadu argued that even carrying purse seine nets on a fishing vessel violated Rule 17(7). It said that fishermen could use their vessels with purse seine nets while proceeding towards the EEZ, creating a possibility that they could use the nets within the 12-nautical-mile territorial waters. The State said it would be difficult to regulate such activity despite the prohibition under Rule 17(7).

On August 24, 2022, the Supreme Court directed the Union Government to constitute an Expert Committee to examine the use of purse seine nets by fishermen from different maritime States and Union Territories.

Exert Committee Recommendations

The Expert Committee submitted an interim report on November 15, 2022. It said that a ban on purse seine fishing was not justified and that such fishing could be allowed in India's territorial waters and EEZ subject to conditions.

The broad recommendations indicated that purse seine nets did not cause any major environmental harm to fishing stock in maritime zones. The Committee did not recommend a blanket ban and instead called for effective regulation of their use.

Pending the final recommendations, the Supreme Court on January 24, 2023 permitted purse seine fishing beyond Tamil Nadu's territorial waters but within the EEZ, subject to several conditions.

The final report of the Expert Committee was placed before the Court on May 31, 2024. The Committee recommended that Tamil Nadu authorities issue special annual permits for innocent passage of vessels intending to fish in the EEZ through the State's territorial waters.

Central Rules For Fishing In EEZ

Following the recommendations, the Union Government under Section 7(1) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, notified the EEZ Rules, 2025 on November 4, 2025.

The 2025 Rules provide for an “Access Pass” for fishing vessels to operate in the EEZ, with the Issuing Authority being a Central Government fisheries officer not below the rank of Deputy Director and the Verifying Officer being a designated State officer responsible for document verification and physical inspection.

Rules 3 and 4 set out the eligibility criteria and procedure for obtaining the pass. Rule 8 requires the Central Government to prepare an eco-centric fisheries management plan, Rules 12 and 13 deal with catch reporting and identity cards for fishermen and crew, and Rules 14 and 15 provide for measures against juvenile fishing and illegal or unregulated fishing in the EEZ.

Supreme Court Judgment

In the judgment, the Supreme Court observed that there are now two distinct legal regimes governing the two areas. The EEZ Rules, 2025 regulate fishing in the EEZ, while the Marine Fishing Regulation Rules, 2020 regulate fishing in Tamil Nadu's territorial waters.

The Court made it clear that there was no conflict between the two sets of rules. It observed that the power to regulate fishing and fisheries beyond territorial waters falls under Entry 57 of List I (Union List) and lies within the legislative competence of Parliament and the executive power of the Union.

At the same time, the power to regulate fisheries in territorial waters vests with the State Legislature under Entry 21 of List II and with the State executive. The Court said the powers of the Union and State are “co-equal and autonomous” within their respective legislative spheres.

The Court said that the Union and State must follow the principle of cooperative federalism while implementing the two regimes. It ultimately held that the rights and liabilities of the parties would be governed by the relevant laws, the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.

It directed the Tamil Nadu Government to frame necessary rules and regulations designating a specified channel under Rules 15(5) and 15(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. The State may frame these rules after taking into account the final recommendations of the Expert Committee.

Case no. – SLP(C) No. 8442/2021 Diary No. 11669 / 2021

Case Title – Fisherman Care v. Government of India Department of Animal Husbandry, Dairying and Fisheries

Citation : 2026 LiveLaw (SC) 888