The Supreme Court on Wednesday directed the Tamil Nadu government to promptly process pending access pass applications for fishermen seeking to operate purse seine gear in the central Exclusive Economic Zone, ruling that administrative delays by the state constituted an impermissible unwritten ban.
A bench comprising Justices P S Narasimha and Alok Aradhe held that fishing rights and responsibilities will now be governed under the central Exclusive Economic Zone Rules, 2025, alongside the Tamil Nadu Marine Fishing Regulation Rules, 2020. Disposing of a cluster of petitions submitted by fishermen and the advocacy group Fisherman Care, the court instructed the state administration to establish dedicated transit routes through its coastal waters so that vessels can travel to offshore fishing territories.
Disturbing Backlog In Permit Approvals
Examining official data recorded on the Registration and Licensing of Fishing Craft portal as of August 3, 2026, the bench expressed sharp concern over an acute deficit in administrative coordination between central pass-issuing authorities and state verification officers. Out of 257 total applications filed by operators, 226 remained held up at the state verification stage, with only six permits granted.
The court observed that this processing rate was the lowest among all maritime states in India. It ruled that leaving applications indefinitely stalled effectively imposed an informal prohibition that conflicts with the fundamental right to conduct a trade or occupation under Article 19(1)(g) of the Constitution.
Mandate For Cooperative Federalism And Transit Corridors
Addressing the operational friction between jurisdictions, the bench emphasized that both the Union and state governments hold equal and autonomous authority within their respective legislative domains. The court stressed that smooth execution of the governing frameworks requires both administrations to uphold the principles of cooperative federalism, ensuring that commercial operators face no undue obstruction when seeking legitimate clearances.
To resolve logistics between nearshore and deep-sea jurisdictions, the judges ordered Tamil Nadu to enact provisions under Rules 15(5) and 15(6) of the state Marine Fishing Regulation Rules, 2020. These regulations must designate specific sea lanes for purse seine vessels journeying through territorial waters into the central Exclusive Economic Zone, taking into account guidance formulated by a court-appointed expert panel.
Enforcement Powers And Regulatory Safeguards
The state government had voiced concerns that permitting vessels equipped with purse seine nets—vertical gear designed to encircle schools of pelagic fish—would enable operators to deploy them illicitly within the 12-nautical-mile territorial zone while claiming to be in transit.
Addressing those apprehensions, the bench reaffirmed that state maritime authorities retain full enforcement powers. The court stated that vessels attempting to cast purse seine nets inside state waters remain liable to immediate interception and arrest. Furthermore, operational permissions remain strictly contingent upon vessels having functional, approved vessel tracking equipment operating continuously while at sea.
Expert Assessments And Legal History
The judgment marks the culmination of an extended dispute over maritime restrictions. In January 2023, the apex court had granted conditional clearance for purse seine operations inside central Exclusive Economic Zone waters, highlighting that several coastal states—including Kerala, Karnataka, Goa, Gujarat, Andhra Pradesh, Odisha, and West Bengal—permitted such activities within their local waters.
The technical evaluation conducted by the court-instituted expert panel determined that purse seine methods do not inflict critical environmental damage on broader marine populations. While recommending against total prohibitions, the committee advised structured operational plans and continuous monitoring to balance commercial livelihoods with maritime conservation.
