Context:
The Supreme Court has agreed to hear a petition challenging the Tamil Nadu government’s ban on purse seine fishing within its territorial waters.
Background of Case:
- In a judgment in 2023, the Supreme Court permitted purse seine fishing outside the territorial waters of Tamil Nadu, specifically beyond the 12 nautical miles limit, while imposing strict conditions to regulate the fishing activities.
- However, the Tamil Nadu government has recently imposed a ban on purse seine fishing within its territorial waters, which led to the petition filed by the local fishers challenging the ban.
- The petitioners argued that the Central government’s expert committee had found no fault with the fishing method and that Tamil Nadu did not have the jurisdiction to impose such a ban, as fisheries are under the purview of the Union government beyond territorial waters.
- Justice A.S. Oka, heading the Bench, stated that the designated authority must review the expert committee’s report, particularly if it supports purse seine fishing.
- The case is set to be heard on April 26, 2025.
Government’s Stance:
- In a crucial development, a Central government affidavit filed in May 2024 stated that the subject of ‘fishing and fisheries beyond territorial waters’ fell under the mandate of the Union government.
- The affidavit clarified that the Department of Fisheries, Government of India, had not imposed any restrictions on purse seine fishing in the Exclusive Economic Zone (EEZ) beyond territorial waters.
- The expert panel, which had been tasked with evaluating the impact of purse seine fishing, concluded that the method did not result in “serious resource depletion.”
- The panel also recommended purse seine fishing in territorial waters and the EEZ, subject to certain conditions.
Significance of the case:
- The outcome of this case could have significant implications for the fishing industry, particularly for local fishers in Tamil Nadu who rely on purse seine fishing.
- If the Court upholds the state’s right to regulate fishing within its territorial waters, it may set a precedent for state-level regulations on fishing.
What is Purse seine fishing?
- It takes place in the open ocean, using a large net – the purse seine – to target dense schools of single-species pelagic (midwater) fish like tuna and mackerel.
- A seine net is suspended like a curtain from the ocean surface with floats along its top edge and a weighted rope threaded through the bottom.
- When a group of fish is found, a small boat will lead the net in a circle so the curtain surrounds the school.
- Once encircled, the bottom rope on the net is drawn tight to snare the fish and prevent them from escaping.
- This drawing shut off the seine is like tightening the cords of a drawstring purse, hence the name.
Purse seine fishers frequently use Fish Aggregating Devices (FADs) to find their catch.
- FADs are man-made floating objects that attract fish and can be either drifting or anchored.
- FADs are equipped with geolocating equipment and sonar to find their target species.
- They increase the efficiency of the fishing operation and reduce uncertainty around catch volumes.