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2025 DIGILAW 1219 (MAD)

D. Chandru v. Commissioner, Fisheries and Fishermen Welfare Department

2025-02-28

D.BHARATHA CHAKRAVARTHY

body2025
ORDER : This writ petition has been filed seeking a mandamus or any other appropriate writ directing the second respondent to refrain from interfering with the petitioners' fishing activities within the territorial waters, i.e., 12 nautical miles, and for passing any further orders or other directives. 2. The petitioners' grievance is that they operate small fishing boats powered by motors up to 10 HP. They do not possess large vessels capable of traveling beyond 12 nautical miles and fishing in the high seas. The petitioners are small-scale fishermen who carry out their fishing activities within 12 nautical miles. However, their operations are being interfered with on the premise they are using the banned Purse Seine Net for fishing. 3. The learned counsel representing the petitioners submits that the matter is no longer res integra. After reviewing all the relevant aspects, the Hon’ble Supreme Court of India issued interim guidelines in Fishermen Care, Registered Association Vs. The Government of India in SLP(Civil) No. 8442 of 2021 . The petitioners do not violate any of these guidelines. He further submits that the Tamil Nadu Marine Fishing Regulations are also being followed. According to these rules, the banned mesh sizes within the territorial waters are specifically outlined in Rules 2, 3, and 4. Admittedly, even based on the status report filed by the respondents, the mesh sizes used by the petitioners vary from 90 to 120 mm, which is above the prohibited size of 75 mm. The use of mesh sizes less than 75 mm is what is actually prohibited. The respondents are attempting to restrict the petitioners under the pretense that they are using purse seine nets. 4. The purse seine nets are a different type of net with a very small mesh size. This type of net is laid out in a circular form in the high seas, capturing all floating marine organisms, including pelagic fish. These organisms are then caught in the circular, bowl-shaped net and are subsequently lifted and harvested. However, the same is not true for the petitioners. The petitioners use mesh sizes wider than 90 mm, so even while drawing the net, the pelagic fish or small-sized marine organisms will always escape and will not be caught or harvested by these fishermen. Therefore, the actions of the second respondent are illegal, and this Court should intervene. 5. However, the same is not true for the petitioners. The petitioners use mesh sizes wider than 90 mm, so even while drawing the net, the pelagic fish or small-sized marine organisms will always escape and will not be caught or harvested by these fishermen. Therefore, the actions of the second respondent are illegal, and this Court should intervene. 5. The learned counsel representing the petitioners, along with the petitioners appearing in person, demonstrated the size of their mesh and explained to the Court that their activities will not be detrimental to the marine ecosystem. They further clarified that they are small-scale fishermen. While larger fishermen with bigger vessels operate beyond the 12 nautical miles using purse seine nets with smaller mesh sizes, this is not the case for these smaller, marginal fishermen. 6. The learned counsel representing the petitioners further referred the Court to the diagram in the status report, asserting that purse seine nets are large nets that cannot even be loaded onto the petitioners' vehicles. The diagram contained in the status report also reveals that these nets range from 500 to 1,000 meters in length and extend from 70 to 100 meters in depth. Such operations are beyond the capability of small fishermen. Therefore, under the guise of banning purse seine nets, the second respondent is attempting to interfere with the activities of these marginal fishermen. 7. Per contra, the learned Special Government Pleader representing the respondents and the Inspector of Fisheries from Chengalpattu, who is present before the Court, attempted to demonstrate that a purse seine net is not characterized by a specific mesh size but rather by the method of fishing employed. When the net is spread in a circular, bowl-like fashion and then lifted like a purse, it captures all the marine organisms that are swimming and alive. This technique is known as active fishing. In contrast, a typical gillnet captures fish only when they are either entrapped in the net or caught when the net is lifted, which is termed passive fishing. The purse seine method represents an active fishing technique, and even though the mesh sizes may be slightly larger, the method used by these fishermen can only be classified as the purse seine method, which therefore falls within the banned category. 8. I have considered the rival submissions made on either side and perused the material records of the case. 9. 8. I have considered the rival submissions made on either side and perused the material records of the case. 9. Firstly, the ban imposed by the Government of Tamil Nadu on purse seine fishing is being considered by the Hon’ble Supreme Court of India in the case of Fishermen Care, Registered Association Vs. The Government of India [ SLP(Civil) No. 8442 of 2021 ] , with interim directions granted in paragraph 13 of the judgment. The relevant excerpt is provided below: “13. After hearing both the sides at some length, we are of a prima facie opinion, that interest of all parties need to be protected. Hence, we propose to pass a restricted interim order, allowing the Purse Seine Fishing beyond the territorial waters of Tamil Nadu, but within the Exclusive Economic Zone, with certain conditions. These conditions are as follows: i) Only registered fishing vessel, as on date, will be given permission i.e. a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) as well as registered with the State Government under its Rules or Regulations, presently in force in the State of Tamil Nadu. ii) The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System (VTS), which shall be kept running during the operating time of vessels. iii) These vessels will be allowed to operate only twice a week i.e., on Monday and Thursday of each week with the other restrictions of non fishing period applying as is applicable to all other fishing activity. iv) The vessels which will be given this permission shall leave the coastline on or after 8 AM and shall return to the designated place positively by 6 PM on the same day. v) It shall be mandatory for all the sailors to keep their biometric card/photo ID with them. vi) It shall be mandatory to provide the code of the VTS to the Fisheries Department, Marine Police, Coast Guard and the Indian Navy. vii) Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats for the above purposes. viii) The Registration Number of these vessels shall be prominently displayed on the boat. vi) It shall be mandatory to provide the code of the VTS to the Fisheries Department, Marine Police, Coast Guard and the Indian Navy. vii) Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats for the above purposes. viii) The Registration Number of these vessels shall be prominently displayed on the boat. In order to ensure that the vessels have fished only outside the territorial waters of the State, the tracking data of each vessel for each of its trips shall be submitted the same day to the concerned Assistant Commissioner, Fisheries, or such other designated officer, after the vessels reach ashore. ix) These boats shall be allowed to land/dock only at one or more than one designated centre, which will be earmarked by the Fisheries Department. x) The State Fisheries Department shall display on its website the permission granted by it for this kind of fishing i.e. Purse Seine Fishing to such individuals/companies as the case might be and the registration number of each of the vessels.” 10. As of this date, Rule 17 of the Tamil Nadu Marine Fishing Regulation Rules, 2020 , is in force. The rule is extracted below: “17. Regulation on use of gear.- (1) (a) No owner or master of a fishing vessel shall use or cause or allow to be used any fishing vessel for fishing juveniles and small sized fishes below such legal size of fish to be caught as may be declared by the authorised officer or by the Government. (b) The legal size of any fish species to be caught shall by a notification declared by the authorised officer having jurisdiction over the area or by the Government: Provided that such notification shall be made on sufficient scientific reports. (c) The authorised officer shall seize such fish landings of juveniles and small sized fishes in the fishing harbour or fish landing centre and impound the fishing vessel which landed such catch. (2) No gill net having a stretched mesh size of less than 25 mm shall be used. (3) No shrimp trawl net having a stretched mesh size less than 40 mm at the cod end shall be used. (4) No fish trawl nets having a stretched mesh size less than 75 mm at the wings and stretched mesh size less than 40 mm at cod end shall be used. (3) No shrimp trawl net having a stretched mesh size less than 40 mm at the cod end shall be used. (4) No fish trawl nets having a stretched mesh size less than 75 mm at the wings and stretched mesh size less than 40 mm at cod end shall be used. (5) No trawl net shall be used without fixing Turtle Excluding Device (TED) before the cod end during the specified period as may be notified by the authorized officer. (6) No owner or master of any fishing vessel shall carry on fishing of any fish species declared as protected fish species or living organisms under Wild Life Protection Act, 1972 .(CA 53 of 1972). (7) No owner or master of any fishing vessel shall carry on fishing by pair trawling or fishing with purse-seine net using any fishing vessel or craft whether country craft or mechanised boat irrespective of their size and power of the engine in the entire coastal area of the State. (8) No owner or master of any fishing vessel shall carry on fishing by using dynamites or other form of explosive substances, poison or noxious materials, etc. (9) No owner or master of any fishing vessel shall carry onboard the fishing vessel any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc. (10) The authorised officer or inspection officer may if he has a reason to believe that any fishing vessel or craft whether country craft or mechanised boat irrespective of their size and power of the engine is being or has been used for fishing using any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc. shall enter, search and seize such prohibited fishing gear, explosive substances, the fish catch and impound such fishing vessel. (11) The artificial reefs shall be deployed in the specified area for stock enhancement by Government. (12) Agencies other than Government shall obtain necessary clearance from the Department of Fisheries for deployment of such artificial reefs in such area. Necessary approval shall also be obtained from the Department of Fisheries for the number, shape and dimensions of such artificial reef.” 11. Upon reviewing the rule, it is evident that Sub Rules 2, 3, and 4 prohibit nets based on their size. Necessary approval shall also be obtained from the Department of Fisheries for the number, shape and dimensions of such artificial reef.” 11. Upon reviewing the rule, it is evident that Sub Rules 2, 3, and 4 prohibit nets based on their size. Sub Rule 7 bans two types of fishing methods: pair trawling and fishing with a Purse Seine net. Therefore, if the petitioners or any other fishermen engage in Purse Seine fishing, it is prohibited, and the first and second respondents will have the jurisdiction to intervene. The question that arises in this case is, what is Purse Seine fishing? 12. The learned counsel for the petitioner submits that the term "Purse Seine" refers to a particular type of net with very small and tiny outlets, meshes of small measurements, and gaps of smaller size. This ensures that no fish or other marine organisms can escape from it. The net is large enough that it cannot even be loaded onto boats such as the petitioners'. 13. Per contra, the learned counsel for the respondents contends that purse seine fishing relates not only to mesh size but also to the fishing method. It involves the circular spreading of the net and lifting it, capturing all organisms through active fishing. This method is further explained in the status report filed on behalf of the respondents, and the relevant averments, along with pictures, are extracted hereunder for ready reference: “I respectfully submit the diagrammatic representation of purse seine used for catching dense migratory school of pelagic fishes. It is submitted that, Small pelagic fish are important in the food web of a marine ecosystem, playing a significant role in connecting the lower and upper trophic levels, because s substantial number of predatory fish, seabirds and marine mammals rely upon them. Hence purse seine operation influences the food chain in the sea, there by impact the fish stock at different trophic level in the sea.” 14. Therefore, the conclusion reached by the respondents is that the petitioner is using a Purse Seine net, which has been modified to a smaller size and carries one ton of nets suitable for smaller boats measuring 30 feet in length and 7 feet in width. Furthermore, the respondents assert that not all fishermen employ the same Purse Seine method. They also record the complaint submitted by other fishermen in Crime No. 124 of 2024, among others. 15. Furthermore, the respondents assert that not all fishermen employ the same Purse Seine method. They also record the complaint submitted by other fishermen in Crime No. 124 of 2024, among others. 15. In light of this, the arguments presented by the learned counsel for the petitioner, asserting that Purse Seine fishing pertains solely to mesh size, cannot be upheld by this Court. I conclude that Purse Seine fishing is a distinct method that may or may not relate exclusively to mesh size. Given that the respondents have submitted a status report and are the experts who have classified the specific method of fishing as the Purse Seine method, this Court must, under Article 226, depend on the claims made by the experts. No other evidence has been provided to this Court by the petitioner to challenge or undermine the expert opinion. 16. In view of the above, this writ petition is disposed of on the following terms:- (i) The first and second respondents shall issue a clear advisory to the petitioners and similarly situated fishermen, explicitly explaining the Purse Seine method. They shall also demonstrate the permitted fishing methods to them. The petitioners shall comply with Rule 17 of the Tamil Nadu Marine Fishing Regulation Rules, 2020 , which includes not using banned mesh sizes under Rules 2, 3, and 4 and refraining from engaging in pair trawling or Purse Seine fishing. (ii) Following the above directions, the writ petition is hereby disposed of. As long as the petitioners do not violate Rule 17, there will be no reason for the respondents to interfere with their business. (iii) Consequently, the connected miscellaneous petition is closed. No costs are incurred.