NEW DELHI: The Supreme Court on Tuesday warned the Tamil Nadu government against overreaching its orders and sought the state's response to a plea alleging a fresh ban on purse seine fishing, despite an earlier direction allowing the method in the Exclusive Economic Zone (EEZ).
Purse seine fishing is a method that uses a vertical net attached to a vessel to encircle schools of fish in open water.
A bench of Justices PS Narasimha and Alok Aradhe called the matter serious, saying that instead of complying with the court's September 2 direction, the state had completely banned purse seine fishing.
"We have seen the order. It's no breeding season order which bans fishing during the specific period. We will call your secretary. How can our orders be overreached? File your reply in two weeks," the bench told Tamil Nadu counsel.
The bench, while hearing a petition filed by the NGO Fisherman Care, said laws and regulations addressing access to the EEZ for fishing using purse seine nets and transiting through the state's territorial waters had come into force and were operating.
Advocate Jaya Sukin, appearing for fishermen, argued before the court that immediately after the September 2 order allowing purse seine nets with conditions, the state notified a complete ban on September 9. "Its a complete violation of the apex court's order," he claimed.
The plea alleged deliberate violation of the September 2 order despite state officials and the Director of Fisheries being part of the expert committee that accepted the report allowing regulated fishing.
On September 2, the apex court had pulled up Tamil Nadu for an "unwritten ban" by not granting access passes for purse seine nets in the Centre's Exclusive Economic Zones and said the Union and state governments must follow cooperative federalism.
It ruled that Tamil Nadu could ban purse seine fishing within its territorial waters up to 12 nautical miles under the Marine Fishing Regulation Act, 1983, but regulation in the EEZ from 12 to 200 nautical miles was the Centre's exclusive competence under the EEZ Rules 2025.
On August 4, the Supreme Court had clarified that purse seine fishing would be permitted for Tamil Nadu fishermen beyond the state's territorial waters, provided it was carried out completely within the EEZ and with the mandatory approvals.
The court had allowed purse seine fishing in the EEZ on Mondays and Thursdays from 8 am to 6 pm, subject to VTS tracking, biometric IDs, valid registrations with the fisheries department and MPEDA. It also directed the state to notify a transit channel. It had flagged that only six passes had been issued out of 257, with 226 pending with the state, saying this violated the right to occupation.
The top court had recalled its January 24, 2023, interim order, under which it had conditionally allowed such fishing beyond state waters. It had noted that several coastal states -- Gujarat, Kerala, Andhra Pradesh, Odisha, Karnataka, Goa and West Bengal -- imposed no ban, while Tamil Nadu and Maharashtra did. The Centre has no restrictions on fishing in the EEZ.
Tamil Nadu banned purse seine nets in 2000, calling the method harmful and non-selective. The Madras High Court dismissed a challenge in 2019.
