Supreme Court directs Tamil Nadu to formulate rules for transit of fishing vessels into exclusive economic zones

New Delhi High Court. File | Photo credit: The Hindu

The Supreme Court on Wednesday (September 2, 2026) asked the Tamil Nadu government to frame rules to create a “designated channel” or official navigation corridor under the Marine Fisheries Regulation Rules, 2020 for the transit of vessels from its territorial waters to purse seiners’ exclusive economic zones.

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The directions by a division bench headed by Justices PS Narasimha and Alok Arad were part of the judgment which considered applications regarding the rights of fishermen using purse seines to access the VEZ beyond the territorial waters of the state of Tamil Nadu.

The state raised concerns in court that fishermen could use purse seines in 12 nautical miles of territorial waters under the guise of fishing in the EEZ. It would be difficult for the state to regulate such activities. On the other hand, the fishermen claimed that Tamil Nadu invoked the 2020 rules to prevent them from even taking these purse seines into the EEZ for fishing beyond 12 nautical miles, which is beyond the state’s regulatory area.

However, the court concluded that fishing both inside and outside the state’s territorial waters is covered by separate legislation, namely the Tamil Nadu Marine Fisheries Regulation Rules, 2020 and the Central Sustainable Exploitation of Fisheries in the Exclusive Economic Zone (Exclusive Economic Zone Rules) Act, 2025.

The 2020 Rules govern fishing in the territorial waters of Tamil Nadu and the use of gear. The rules were notified to enforce the March 2000 state ban on fishing using pair trawls or purse seines in coastal areas of Tamil Nadu in territorial waters as a measure to conserve fisheries,

The rules of the VEZ envisage the issue of an “access pass” to fishing vessels that are allowed to enter the VEZ.

Keeping the 2020 and 2025 rules as well defined, the apex court directed that “the rights and obligations of the parties shall now be governed by the relevant laws, the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020”.

“We now have an entire legal regime through which to regulate purse seine fishing in the EEZ while addressing the concerns of the state government in territorial waters… There is no conflict between the Union EEZ Rules and the Tamil Nadu State Sea Fisheries Regulations 2020,” the court said.

The court said that the Centre’s power to regulate fishing and fishing outside territorial waters under Entry 57 of List I of the Constitution and the State’s power to do the same under Entry 21 of List II were “equal and autonomous in each of their legislative spheres”.

“Cooperative Federalism”

With laws in place addressing the issue of access to the purse seiner exclusive economic zone, the court said “it is imperative that the Union and the State observe the principle of cooperative federalism”.

“Both the Union and the state administration are obliged not only to implement the relevant regulations within their province, but also to ensure that stakeholders have easy access and effective processing of their requests to enforce their fundamental rights under Article 19(1)(g) of the Constitution, of course subject to adequate regulations,” the court said.

The court found it “somewhat disturbing” that as of 3 August only six access permits had been issued out of a total of 257 applications submitted on the Fishing Vessel Registration and Licensing Portal (ReALCRaft Portal). It said that nearly 226 applications are pending verification by Tamil Nadu.

The judgment states that the situation demonstrates a lack of coordinated efforts between the issuing authority appointed by the Union and the verifying authority of the state.

“Only six entry permits appear to have been issued. This is reportedly the fewest of any coastal state. Failure to process applications in a timely manner is practically tantamount to imposing an unwritten ban which is impermissible in law,” the court noted.

The court ordered Tamil Nadu to ensure timely processing of applications for entry permits.

Published – 03 Sep 2026 0:20 IST