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Formulate rules for fishing vessel transit to EEZ, SC directs T.N.

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  • Supreme Court directed Tamil Nadu to frame rules creating a "specified channel" (official navigation corridor) under the Tamil Nadu Marine Fishing Regulation Rules, 2020, for purse seine fishing vessels transiting territorial waters to reach the Exclusive Economic Zone (EEZ) [S1][S2].
  • Dispute sits at the intersection of State fishing regulation (territorial waters, up to 12 nautical miles) and Central EEZ regulation — invoked as a case of "cooperative federalism" by the Bench [S1][S2].
  • Tests UPSC knowledge of maritime zones (territorial waters vs EEZ), Centre-State legislative division over fisheries, and a live SC federalism ruling — high-value for GS-II (federalism, SC jurisdiction) and GS-III (fisheries, blue economy).
  • Purse seine nets are a contentious gear type — banned by Tamil Nadu within its territorial waters since 2000, but permitted (conditionally) in the EEZ under Central rules [S1][S2].

2. Why in the News

  • On Wednesday (2 September 2026), a Division Bench of Justices P.S. Narasimha and Alok Aradhe directed Tamil Nadu to frame "specified channel" rules under Rules 15(5) and 15(6) of the Tamil Nadu Marine Fishing Regulation Rules, 2020, for purse seine vessel transit to the EEZ [S1][S2].
  • The order arose from applications on fishermen's rights to use purse seine nets in the EEZ beyond Tamil Nadu's territorial waters, amid the State's fear that vessels could exploit "EEZ transit" as cover to illegally fish within territorial waters [S2].

3. Background & Evolution

  • 2000: Tamil Nadu banned purse seine fishing within its territorial waters (up to 12 nautical miles) [S2].
  • 2020: Tamil Nadu notified the Marine Fishing Regulation Rules, 2020, to regulate fishing gear and vessel movement within territorial waters, including Rule 15 (transit/specified channels) and Rule 17(7) (ban on purse seine/pair trawling) [S1][S2].
  • February 2023: SC earlier allowed conditional purse seine fishing beyond Tamil Nadu's territorial waters (twice weekly, Monday/Thursday, VTS-tracked) [S1][S2].
  • Union Budget 2025-26: Announced an enabling framework for sustainable fisheries harnessing in the EEZ and high seas, with focus on Andaman & Nicobar Islands and Lakshadweep [S3].
  • 4 November 2025: Centre notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 (EEZ Rules) under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 [S3].
  • 2 September 2026: SC directs Tamil Nadu to frame transit-channel rules under the 2020 Rules to reconcile State and Central regimes [S1][S2].

4. Core Static Facts

Aspect Detail
Litigating parties Tamil Nadu State vs. purse seine fishing community [S2]
Bench Justices P.S. Narasimha and Alok Aradhe, Supreme Court [S2]
State law Tamil Nadu Marine Fishing Regulation Rules, 2020 [S1][S2]
Key State-law provisions Rule 15(5)/15(6) — specified channels for vessel transit; Rule 17(7) — ban on purse seine/pair trawling within territorial waters [S1]
Central law Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 (notified 4 Nov 2025) [S3]
Parent Act (Central) Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 [S3]
Territorial waters limit Up to 12 nautical miles from coast [S2]
TN purse seine ban within territorial waters Since 2000 [S2]
2023 SC conditions for EEZ purse seine fishing Registered vessels only; approved Vessel Tracking System (VTS); fishing twice a week (Monday & Thursday); depart at/after 8 a.m., return by 6 p.m. same day [S2]
EEZ Rules 2025 – priority beneficiaries Fishermen Cooperative Societies and Fish Farmer Producer Organisations (FFPOs) for deep-sea fishing operations [S3]
EEZ share of Andaman & Nicobar + Lakshadweep ~49% of India's total EEZ, marine fisheries potential ~2.48 lakh tonnes [S3]

5. Multi-Dimensional Analysis

Legal / Constitutional

  • Illustrates overlapping jurisdiction: States regulate fishing within territorial waters (List II-adjacent domain via State Marine Fishing Regulation Acts), while the Centre regulates the EEZ under the 1976 Act [S1][S3].
  • SC invokes "cooperative federalism" — a constitutional value — to resolve gaps between two rule-books rather than striking either down [S1][S2].

Administrative

  • Core problem is enforcement: without a demarcated "specified channel," the State cannot distinguish genuine EEZ-bound transit from illegal in-territorial-waters purse seine fishing [S2].
  • Vessel Tracking System (VTS) mandated in 2023 as a monitoring/verification tool for compliance [S2].

Economic

  • Purse seine fishing yields higher catch efficiency but threatens livelihoods of traditional/artisanal fishers relying on other gear — hence State-level bans [S2].
  • EEZ Rules 2025 aim to unlock deep-sea/EEZ fisheries potential (blue economy), especially via A&N Islands and Lakshadweep [S3].

Environmental

  • Purse seine nets raise sustainability concerns (juvenile fish capture, overfishing of pelagic stocks), underlying the State's original 2000 ban [S2].

Governance

  • Case exemplifies judicially-mandated policy coordination — SC directing rule-framing rather than merely adjudicating rights, pushing Centre-State harmonisation [S1][S2].

6. Recent Developments (last 12-18 months)

  • February 2025: Union Budget 2025-26 proposes enabling framework for EEZ/high-seas fisheries harnessing [S3].
  • 4 November 2025: Centre notifies Sustainable Harnessing of Fisheries in the EEZ Rules, 2025 [S3].
  • 2 September 2026: SC directs Tamil Nadu to frame "specified channel" rules under the 2020 Rules for purse seine vessel EEZ transit [S1][S2].

7. Prelims Hooks

  • Tamil Nadu banned purse seine fishing within its territorial waters in 2000 [S2].
  • Territorial waters extend up to 12 nautical miles from the coast [S2].
  • Tamil Nadu's fishing gear/vessel movement is governed by the Marine Fishing Regulation Rules, 2020 [S1][S2].
  • Rule 15(5) and 15(6) of the 2020 Rules deal with specified channels for vessel transit [S1].
  • Rule 17(7) of the 2020 Rules bans pair trawling and purse seine net fishing in Tamil Nadu's coastal area [S1].
  • The Central Sustainable Harnessing of Fisheries in the EEZ Rules, 2025 were notified on 4 November 2025 [S3].
  • These EEZ Rules, 2025 are framed under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 [S3].
  • In February 2023, the SC first allowed conditional purse seine fishing in the EEZ — twice weekly, on Monday and Thursday [S2].
  • 2023 SC conditions required vessels to carry an approved Vessel Tracking System (VTS) [S2].
  • Vessels under the 2023 order must depart at/after 8 a.m. and return by 6 p.m. the same day [S2].
  • The 2 September 2026 SC bench comprised Justices P.S. Narasimha and Alok Aradhe [S2].
  • Andaman & Nicobar Islands and Lakshadweep together hold ~49% of India's EEZ [S3].
  • Estimated marine fisheries potential of A&N + Lakshadweep EEZ: 2.48 lakh tonnes [S3].
  • EEZ Rules, 2025 prioritise Fishermen Cooperative Societies and FFPOs for deep-sea fishing operations [S3].
  • The SC's direction is framed explicitly as promoting "cooperative federalism" between Centre and State [S1][S2].

8. Mains Relevance

9. Related Topics to Study Next

  • Maritime Zones of India Act, 1976 — defines territorial waters, EEZ, continental shelf; legal basis for this entire dispute.
  • Blue Economy Policy of India — broader Central push for ocean-resource-based growth, ties to EEZ Rules 2025.
  • Deep Sea Fishing Policy / Letter of Authorisation scheme — related Central initiative for EEZ/high-seas fishing access.
  • Cooperative Federalism & GST Council model — comparative study of judicially/institutionally mandated Centre-State coordination mechanisms.
  • Marine Fisheries Census / CMFRI — data body relevant to fisheries potential estimates.
  • Andaman & Nicobar and Lakshadweep EEZ potential — strategic and economic significance of India's island territories' maritime zones.
  • UNCLOS (UN Convention on the Law of the Sea) — international legal framework underpinning EEZ concept (Tier-2 relevant body: un.org).
  • Pradhan Mantri Matsya Sampada Yojana (PMMSY) — flagship fisheries scheme, useful contrast with EEZ-specific rules.

10. Common Errors / Trap Areas

  • Do not confuse the Tamil Nadu Marine Fishing Regulation Rules, 2020 (State law, territorial waters) with the Sustainable Harnessing of Fisheries in the EEZ Rules, 2025 (Central law, EEZ) — they operate in different zones but were both discussed in this single judgment.
  • Territorial waters limit is 12 nautical miles, not 200 nautical miles (that is the EEZ limit) — don't conflate the two.
  • The purse seine ban applies only within Tamil Nadu's territorial waters (since 2000); it is conditionally permitted in the EEZ under SC-mandated safeguards.
  • The 2025 EEZ Rules are framed under the 1976 Maritime Zones Act, not under any fisheries-specific central legislation — a common wrong-Act trap.
  • Do not misattribute the "cooperative federalism" framing as a legislative principle; here it is a judicial characterisation by the SC Bench in this order.

11. Sources

  • [S1] Supreme Court Calls For Cooperative Federalism Between Centre, Tamil Nadu In Regulating Purse Seine Fishing — https://www.livelaw.in/top-stories/supreme-court-calls-for-cooperative-federalism-between-centre-tamil-nadu-in-regulating-purse-seine-fishing-548348 — (tier: 4)
  • [S2] The Hindu — "Formulate rules for fishing vessel transit to EEZ, SC directs T.N." — https://www.thehindu.com/todays-paper/2026-09-03/th_chennai/articleGIEGFUDND-16408933.ece — (tier: 4)
  • [S3] PIB — Government of India takes Significant Step to Strengthen Small Scale Fisheries, Fisheries Cooperatives & FFPOs / Sustainable Harnessing of Fisheries in EEZ Rules notification — https://www.pib.gov.in/PressReleasePage.aspx?PRID=2187691 — (tier: 1)
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