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2026 INSC 937 • Supreme Court of India

Fisherman Care v. Government of India

“Delay Is an Unwritten Ban: Supreme Court Orders Tamil Nadu to Process Purse Seine Fishing Access Passes and Designate Transit Channels”

2 September 2026Justice Pamidighantam Sri Narasimha, Justice Alok Aradhe
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TL;DR

Fishermen using purse seine nets sought to transit through Tamil Nadu's territorial waters to fish in the Exclusive Economic Zone (EEZ) beyond 12 nautical miles, while the State relied on its ban on purse seine nets in territorial waters, including Rule 17(7) of the Tamil Nadu Marine Fishing Regulation Rules, 2020. After an Expert Committee report and the Union's notification of the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, the Supreme Court held there is no conflict between the Union EEZ Rules and the State Rules, as the Union regulates fishing beyond territorial waters under Entry 57 of List I and the State within territorial waters under Entry 21 of List II. Finding that of 257 Access Pass applications, 226 were pending verification by Tamil Nadu and only 6 passes had been issued, the Court said that not processing applications in time virtually amounts to an unwritten ban, which is impermissible, and directed the State to process them timely and to frame rules designating a transit channel. The interlocutory application was disposed of.

The Bottom Line

The Union controls fishing in the EEZ and the State controls fishing in its territorial waters, and both must work together. Tamil Nadu cannot sit on applications from fishermen who want to use purse seine nets in the EEZ, because delay is the same as a ban that the law does not permit. The State must clear applications efficiently and frame rules for a designated channel through its waters, while its territorial waters ban continues to apply.

Case Timeline

The journey from FIR to Supreme Court verdict

event
1 Jan 1983

Tamil Nadu Marine Fishing Regulation Act Enacted

The State enacted the 1983 Act under Entry 21 of List II, empowering it to regulate fishing in the specified area within territorial waters.

order
25 Mar 2000

G.O. MS No. 40 Prohibits Purse Seine Fishing

The State prohibited pair trawling and purse seine net fishing in the entire coastal areas of Tamil Nadu in territorial waters to conserve juvenile fish stock.

judgment
20 Apr 2021

Madras High Court Dismisses Challenge

The High Court dismissed the writ petition challenging the G.O.; the petitioners then filed SLP (C) No. 8442 of 2021.

order
24 Aug 2022

Expert Committee Directed

The Supreme Court directed the Union of India to constitute an Expert Committee to examine the use of purse seine nets and their impact on fish population in the EEZ.

filing
15 Nov 2022

Expert Committee Interim Report

The interim report said a ban on purse seine fishing was not justified and could be allowed subject to conditions, including a State access plan and a fisheries management plan.

order
24 Jan 2023

Interim Arrangement for EEZ Fishing

The Court allowed purse seine fishing beyond Tamil Nadu's territorial waters but within the EEZ, subject to conditions on registration, vessel tracking, operating days and landing centres.

filing
31 May 2024

Expert Committee Final Report

The Union placed the final report on record, recommending special annual permits for innocent passage, a monitoring system and a national permit system.

event
4 Nov 2025

EEZ Rules, 2025 Notified

The Union notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, introducing an Access Pass for fishing in the EEZ.

judgment
2 Sept 2026

Supreme Court Disposes of I.A. with Directions

The Court held the Union and State Rules operate in separate spheres without conflict and directed Tamil Nadu to process Access Pass applications efficiently and frame rules designating a transit channel.

The Story

In 1983 the State of Tamil Nadu enacted the Tamil Nadu Marine Fishing Regulation Act, 1983 under Entry 21 of List II of the Seventh Schedule. The Act defines the "specified area" as the sea along the coastline but not beyond territorial waters, empowers the State to regulate, restrict or prohibit fishing in it, and requires fishing vessel owners to obtain a licence. By G.O. MS No. 40 dated 25 March 2000 the State prohibited fishing by pair trawling or with purse seine nets in the entire coastal areas of Tamil Nadu in the territorial waters, as a measure to conserve juvenile fish stock. The Tamil Nadu Marine Fishing Regulation Rules, 2020 then provided in Rule 17(7) that no owner or master of any fishing vessel shall fish by pair trawling or with purse seine net in the entire coastal area of the State, and Rule 15(5) and (6) provide for a specified channel for mechanised vessels to pass through to fishing grounds.

The Madras High Court dismissed a writ petition challenging the G.O. by judgment dated 20 April 2021. The petitioners filed SLP (C) No. 8442 of 2021, and the applicants also filed a Writ Petition under Article 32 (W.P. (C) No. 262 of 2022) seeking permission to fish with purse seine nets beyond the territorial waters of Tamil Nadu. The applicants' grievance was that the State invoked the 2020 Rules to prevent them even from carrying purse seine nets to the EEZ beyond 12 nautical miles. The State submitted that under Rule 17(7), even carrying purse seine nets on a fishing vessel violates the ban, and that applicants might employ the nets within 12 nautical miles under the guise of fishing in the EEZ, which is difficult for the State to regulate.

By order dated 24 August 2022 the Court directed the Union of India to constitute an Expert Committee. The committee's interim report of 15 November 2022 said a ban on purse seine fishing was not justified and could be allowed subject to conditions. By order dated 24 January 2023 the Court made an interim arrangement allowing purse seine fishing beyond Tamil Nadu's territorial waters but within the EEZ, subject to ten conditions including registration, an approved Vessel Tracking System, operation only on Mondays and Thursdays, and designated landing centres. The Union placed the Expert Committee's final report on record on 31 May 2024. Thereafter, on 4 November 2025, the Union notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 under Section 7(1) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, providing for an Access Pass to fish in the EEZ. As on 3 August 2026, per the ReALCRaft Portal, out of 257 applications nearly 226 were pending verification by the State of Tamil Nadu and only 6 Access Passes had been issued, reportedly the lowest among coastal States.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether the Union's EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020 are in conflict, given that fishing vessels must pass through Tamil Nadu's territorial waters to reach the EEZ?

Tap to reveal answer
1SC Answer

No. The Court held that there is no conflict between the two sets of rules. The power to regulate fishing beyond territorial waters falls under Entry 57 of List I and lies with Parliament and the Union executive, while the power to regulate fisheries in territorial waters vests in the State Legislature under Entry 21 of List II. The powers of both are co-equal and autonomous in their own spheres.

Clarifies the federal division of regulatory power over marine fisheries between the Union (beyond territorial waters) and the State (within territorial waters).

2Question

Whether fishermen using purse seine nets can be required to await State processing of Access Pass applications indefinitely, in effect preventing access to the EEZ?

Tap to reveal answer
2SC Answer

No. The Court noted that out of 257 applications, nearly 226 were pending verification by Tamil Nadu and only 6 Access Passes had been issued, and held that not processing the applications in time virtually amounts to imposing an unwritten ban, which is impermissible in law. Tamil Nadu was directed to ensure effective, efficient and timely clearance of applications.

Treats administrative delay in licensing or verification as equivalent to an impermissible ban, linking the duty to process applications with the right under Article 19(1)(g), subject to reasonable regulation.

3Question

What arrangement should govern transit of purse seine vessels through Tamil Nadu's territorial waters to the EEZ?

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3SC Answer

The Court directed the State Government to frame necessary rules or regulations designating a specified channel under Rules 15(5) and (6) of the Marine Fishing Regulation Rules, 2020 for transit of vessels from its territorial waters to the EEZ for purse seine fishing, after taking into account the final recommendations of the Expert Committee.

Provides a regulated route through territorial waters that addresses the State's concern about enforcement while giving fishermen access to the EEZ.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

State cannot prevent carrying purse seine nets to the EEZ

The applicants' grievance was that Tamil Nadu invoked the Marine Fishing Regulation Rules, 2020 to prevent them even from carrying purse seine nets to the EEZ for fishing beyond 12 nautical miles, an area outside the realm of the State's regulation. Their limited relief was to transit through Tamil Nadu's territorial waters to fish in the EEZ.

Rule 17(7), Tamil Nadu Marine Fishing Regulation Rules, 2020Article 32 of the Constitution of India
2

Expert Committee found a ban is not justified

The Expert Committee's interim and final reports indicated that purse seine nets do not cause major environmental harm to fish populations in maritime zones, that a blanket ban is not justified, and that effective regulation is needed instead, with special permits for passage through territorial waters.

Expert Committee Report dated 15.11.2022Expert Committee Final Report dated 31.05.2024

Respondent

State of Haryana

1

Even carrying purse seine nets violates the ban under Rule 17(7)

The State of Tamil Nadu submitted that under Rule 17(7), even carrying purse seine nets in a fishing vessel is a violation of the ban imposed by the G.O. dated 25.03.2000 and the 2020 Rules.

G.O. MS No. 40 dated 25.03.2000Rule 17(7), Tamil Nadu Marine Fishing Regulation Rules, 2020
2

Risk of use of nets in territorial waters under guise of EEZ fishing

The State's concern was that, under the guise of fishing in the EEZ, applicants could use purse seine nets within 12 nautical miles, and it is difficult for the State to regulate such activities despite the clear prohibition. The Union placed on record data showing the status of Access Pass applications on the ReALCRaft Portal.

Tamil Nadu Marine Fishing Regulation Act, 1983

Court's Analysis

How the Court reasoned its decision

The Court first narrowed the question to the right of fishermen using purse seine nets to access the EEZ beyond Tamil Nadu's territorial waters, observing that the I.A. in W.P. (C) No. 262 of 2022 would also encompass the connected batch. It reviewed the State's ban, the Expert Committee's interim and final reports, the interim arrangement of 24 January 2023, and the Union's EEZ Rules, 2025 with their Access Pass framework. It concluded that the Court now had the entire legal regime through which purse seine fishing can be regulated in the EEZ, while addressing the State's concerns within the territorial waters. On federal competence, it held that there were two distinct legal regimes in two regulatory provinces: the EEZ Rules, 2025 for the EEZ and the Marine Fishing Regulation Rules, 2020 for the territorial waters, without conflict between them. Referring to Dr. B.R. Ambedkar's statement in the Constituent Assembly that the Centre and the States are co-equal in their respective spheres, it held that the powers of the Union and the State are co-equal and autonomous in their respective legislative spheres. It then emphasised the principle of cooperative federalism, saying that the Union and the State are duty bearers who must ensure that stakeholders have easy access and efficient clearance of applications to pursue their rights under Article 19(1)(g), subject to reasonable regulation. Finally, as a reality check, it found the applications data disturbing and demonstrating a lack of coordinated endeavour between the Union's Issuing Authority and the State's Verifying Authority, and directed timely processing and framing of transit channel rules.

there is no conflict between the EEZ Rules, 2025 of the Union and the Marine Fishery Regulation Rules, 2020 of the State of Tamil Nadu.

Para 14

The central finding that the two regulatory regimes operate in separate spheres and can coexist.

The powers of both the Union and the State are co-equal and autonomous in each of their legislative spheres.

Para 14

Affirms the federal balance between the Union (Entry 57, List I) and the State (Entry 21, List II) over marine fisheries.

it is necessary for the Union and the State to abide by the principle of cooperative federalism.

Para 15

Places a joint duty on the Union and the State to implement their regulations efficiently so that stakeholders can pursue their Article 19(1)(g) rights.

Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law.

Para 16

Holds that administrative delay in verifying Access Pass applications can be equivalent to a ban the law does not authorise.

Partly Allowed

The Verdict

Relief Granted

Fishermen applying to fish in the EEZ with purse seine nets get a defined legal pathway: Access Passes under the Union's EEZ Rules, 2025, timely verification by Tamil Nadu, and a designated transit channel through the territorial waters, while the State's ban on purse seine fishing within territorial waters continues to apply.

Directions Issued

  • The rights and liabilities of the parties will now be governed by the relevant laws, the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020
  • The State Government shall frame necessary rules or regulations designating a specified channel under Rules 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, after taking into account the final recommendations of the Expert Committee
  • The State of Tamil Nadu shall ensure effective, efficient and timely clearance of Access Pass applications as per the rules and regulations governing the subject

Key Legal Principles Established

1

The Union has legislative and executive competence over fishing beyond territorial waters (Entry 57, List I), while the State regulates fisheries in territorial waters (Entry 21, List II); both powers are co-equal and autonomous in their spheres.

2

Union and State regulations over fishing in the EEZ and territorial waters can operate together without conflict.

3

Cooperative federalism requires the Union and the State to implement their regulations efficiently and ensure easy access and prompt clearance of applications by stakeholders.

4

Fishing is a livelihood activity protected by Article 19(1)(g) of the Constitution, subject to reasonable regulation.

5

Failing to process applications within a reasonable time virtually amounts to an unwritten ban, which is impermissible in law.

6

Environmental sustainability and livelihood concerns are balanced through regulation, such as vessel monitoring, catch reporting and permits, rather than outright blanket bans where expert evidence does not support them.

Key Takeaways

What different people should know from this case

  • Fishermen who want to fish in India's Exclusive Economic Zone using purse seine nets must now apply for an Access Pass under the Union's EEZ Rules, 2025.
  • State governments cannot delay these applications indefinitely; the Court said delay amounts to an unwritten ban.
  • Tamil Nadu's ban on purse seine fishing in its own territorial waters continues to apply.
  • The State must set up a specified channel through its waters for purse seine vessels to travel to the EEZ.
  • The EEZ Rules require measures such as reporting of fish catch, identity cards for crew and prohibition of juvenile fishing.
  • The Court noted that only 6 Access Passes had been issued by Tamil Nadu out of 257 applications, the lowest among coastal States.

Frequently Asked Questions

The Supreme Court held that the Union's EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020 do not conflict, since they regulate different areas. It directed Tamil Nadu to process Access Pass applications for purse seine fishing in the EEZ efficiently and to frame rules designating a specified transit channel through its territorial waters, and disposed of the interlocutory application.
The judgment does not remove the State's ban within territorial waters. It states that rights and liabilities will be governed by the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020. What it requires is that fishermen with Access Passes can transit to the EEZ through a specified channel that the State must now designate.
The Court found that out of 257 applications for Access Passes on the ReALCRaft Portal as on 03.08.2026, almost 226 were pending verification by Tamil Nadu and only 6 had been issued. It said that not processing applications in time virtually amounts to imposing an unwritten ban, which is impermissible in law, and directed the State to clear them in an effective, efficient and timely manner.
The Court held that the power to regulate fishing and fisheries beyond territorial waters falls under Entry 57 of List I and lies with Parliament and the Union executive. The State legislature regulates fisheries in territorial waters under Entry 21 of List II. Both powers are co-equal and autonomous in their spheres.
The Expert Committee's view, as summarised by the Court, was that purse seine nets do not cause major environmental harm to fish stocks and that a blanket ban was not justified, but there must be effective regulation. Its final recommendations included special annual permits for passage through territorial waters, a monitoring system with mandatory catch reporting, State guidelines and a National Permit System through a nodal agency.

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