Case Name – Fisherman Care, Registered Association VS The Government of India, Department of Animal Husbandry, Dairying And Fisheries Rep. by its Secretary & Ors.”.
Judges/Bench – A. S. Bhoppana, Sudhanshu Dhulia
Judgement Date – January 23,2023
INTRODUCTION
Purse Seine Fishing is a non-selective mode of fishing, which captures all kinds of fishes without differentiating between protected and non-protected species.
A purse seine is a large wall of netting deployed around an entire area or school of fish.
The seine has floats along the top line with a lead line threaded through rings along the bottom. Once a school of fish is located, a skiff encircles the school with the net. The lead line is then pulled in, “pursing” the net closed on the bottom, preventing fish from escaping by swimming downward.
Traditional fishermen have accused this method of reducing the availability of small, pelagic shoaling fish such as sardines, mackerel, anchovies, etc. In 2021, Kerala recorded a catch of just 3,297 tonnes of sardine, a sharp decrease from the haul of 3.9 lakh tonnes in 2012.
However, affluent fishermen using this method claim that it is a scientific and efficient way of catching fish. States like Tamil Nadu, Kerala, Puducherry, Odisha, Dadra and Nagar Haveli and Daman and Diu, and the Andaman and Nicobar Islands have imposed a ban up to 12 nautical miles.
What were the decisions of the lower courts on this matter?
The Government of Tamil Nadu in its Order ( made on 25/03/2000) banned the use of purse seine fishing nets within the territorial waters (12 nautical miles). This order was challenged in and dismissed by the Madras High Court. The Fisherman Care Association had filed another writ petition before it relying on an Expert Committee report. But the court dismissed the petition upholding the validity of government order in 2021. It refused to deal with this issue stating that the petition was filed by “ a few affluent fishermen” only and does not concern the court. These orders have been challenged in the Apex court in the case “ Fisherman Care, Registered Association VS The Government of India, Department of Animal Husbandry, Dairying And Fisheries Rep. by its Secretary & Ors.”.
What are the reliefs sought in the present case by the petitioners?
The Special Leave Petition (SLP) and three other writ petitions have been filed with the following reliefs sought:
- To permit petitioners to do fishing with the purse seine nets beyond the territorial waters of Tamil Nadu.
- To strike down sub rule (7) of Rule 17 of Tamil Nadu Marine Fishing Regulation Rules, 2020 (it imposes a ban on owners to do purse seine fishing).
Whether the Tamil Nadu government has power to restrict the use of this method?
Fishing is a state subject and therefore the state government has full power to regulate matters concerning fishing within its territorial waters. But the petitioners had contended that only the Union government and not the state government has power to impose restrictions beyond territorial waters according to Entry 57 of List I of 7th Schedule. Till now, no such restrictions have been placed by the government on Purse Seine fishing beyond territorial waters and also within the Exclusive Economic Zone. The Centre in its affidavits had stated against this complete ban thus advocating for purse seine fishing.
Therefore, it is illegal for the State government to impose a ban on this method of fishing beyond its territorial waters.
Are fishermen facing difficulties due to this ban?
The petitioners in the above case had also contended that many families are dependent upon the fishing activity of the petitioners. Moreover, the fishing season ends in February. Therefore, if they are not granted permission, they would face a huge financial loss due to investments made on fishing vessels and the Purse Seine fishing nets. Few experts and some trade union leaders have highlighted the viability of this method and have expressed that instead of a complete ban, regulation needs to be done based on availability of fish.
Is the marine life and its resources affected in any manner?
The counsel for the respondents have submitted that this method affects the ecology and is used by the rich fishermen and big fishing companies due to its expensive nature. Traditional fishermen cannot afford this technology and are also affected by it. If interim relief is granted to use this method beyond territorial waters, the vessels would take huge parts of fish coming towards the coast depriving the traditional fishermen of their share of catch. Therefore, the respondents have submitted that no interim relief should be granted and the matter must be decided at once and complete.
What was the court’s decision on this matter?
The court had highlighted the need to protect the interests of all stakeholders and granted an interim relief to the petitioners allowing it to use this method beyond territorial waters based on submissions of parties and the government affidavits. However, it had laid down certain conditions to be satisfied by the fishing vessels and its owners. They are:
- Only registered fishing vessels must be permitted (Registered according to state government rules and Marine Products Export Development Authority Act, 1972).
- Permission to boats with Vessel Tracking System (VTS) only and its code must be informed to the officials.
- It can operate only twice a week on Mondays and Thursdays between 8 AM to 6 PM.
- The concerned Fisheries department must maintain a list of permitted boats in its website and give a color code for these boats and several other conditions on identification and tracking of the boats.
CONCLUSION
The traditional fishermen are concerned about the ill effects of this method while the scientists and experts have argued that the decline of fish is due to changes in climatic conditions. The centre has supported this method due to its efficiency and the expert committees report that it “per se has not resulted in any serious resource depletion” and has recommended its use in the territorial waters and the Exclusive Economic Zones. Ecological well-being, protecting marine life and fishermen livelihood and adapting to new technologies must go hand-in-hand. A harmonious construction of interest of all stakeholders must be adopted by the apex court in its further judgments on this issue.
Written By – Sneha Muthukumar
College – Sastra Deemed University, Thanjavur