Purse Seine Fishing in the EEZ: Supreme Court on Cooperative Federalism in Fisherman Care vs Government of India (2026 INSC 937)

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Can a State stop fishermen from even carrying purse seine nets on board while heading out to fish in international waters? In Fisherman Care v. The Government of India, Department of Animal Husbandry, Dairying and Fisheries (2026 INSC 937), decided on 2 September 2026, a Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe resolved a long-pending dispute over purse seine fishing access to India's Exclusive Economic Zone ("EEZ"), and laid down a clear roadmap for cooperative federalism between the Union and Tamil Nadu.

Background: Tamil Nadu's Ban on Purse Seine Nets

In 1983, Tamil Nadu enacted the Tamil Nadu Marine Fishing Regulation Act under Entry 21 of List II (State List) of the Seventh Schedule, empowering the State to regulate fishing within its territorial waters. Acting under this Act, the State issued G.O. MS No. 40 dated 25.03.2000, banning pair trawling and fishing with purse seine nets within its territorial waters to conserve juvenile fish stock. This ban was reinforced by Rule 17(7) of the Tamil Nadu Marine Fishing Regulation Rules, 2020, which prohibited any vessel from even carrying a purse seine net in the State's coastal waters, regardless of size or engine power.

The petitioners — fishermen and associations wanting to fish beyond 12 nautical miles in the EEZ — argued that the State could not stop them from merely transiting through territorial waters with purse seine nets on their way to international waters, since the EEZ falls outside Tamil Nadu's regulatory reach. Tamil Nadu countered that Rule 17(7) made even carrying the nets a violation, and expressed concern that vessels could misuse the EEZ justification to actually fish illegally within the 12 nautical mile territorial limit.

How the Case Reached the Supreme Court

The Madras High Court dismissed a writ petition challenging the ban by judgment dated 20.04.2021. A Special Leave Petition was filed against that order, and during its pendency a fresh writ petition was filed under Article 32 of the Constitution seeking permission to fish with purse seine nets beyond Tamil Nadu's territorial waters. The Supreme Court disposed of an interlocutory application in this batch of matters, expressly noting that its judgment would also cover the connected Special Leave Petition and writ petitions.

Setting Up the Expert Committee

By order dated 24.08.2022, the Supreme Court directed the Union of India to constitute an Expert Committee to study purse seine net usage across India's maritime States, assess its impact on fish populations in the EEZ, and work toward a national consensus. The Committee's interim report (15.11.2022) found that an outright ban was not justified, but recommended structured regulation — a State-devised access plan, a national seine fishery management plan, standardised boat and gear specifications, and a catch declaration system.

Pending the final report, the Court passed a detailed interim order on 24.01.2023 permitting purse seine fishing beyond Tamil Nadu's territorial waters, subject to conditions such as vessel registration, mandatory Vessel Tracking Systems, restricted operating days (Monday and Thursday only), fixed departure and return times, biometric identification for sailors, and designated landing centres.

The Union's EEZ Rules, 2025

Following the Expert Committee's final report (31.05.2024), the Union of India notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025 under Section 7(1) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. These Rules introduced an "Access Pass" system: a Central Issuing Authority grants passes, while a State-designated Verifying Officer physically inspects vessels and verifies documents. The Rules also mandate catch reporting, crew identity cards, a juvenile-fishing ban in the EEZ, and a National Action Plan against illegal fishing.

The Supreme Court's Key Holding: Two Regimes, No Conflict

The Court held that there is no conflict between the Union's EEZ Rules, 2025 and Tamil Nadu's Marine Fishing Regulation Rules, 2020, because they operate in entirely separate constitutional fields: regulation of fishing beyond territorial waters falls under Entry 57 of List I (Union List), within Parliament's and the Union executive's competence, while regulation within territorial waters falls under Entry 21 of List II (State List), within the State's competence. The Bench emphasised that the Union and the State are co-equal and autonomous within their respective spheres, quoting Dr. B.R. Ambedkar's Constituent Assembly observation that neither government depends on the other for its legislative or executive authority.

EEZ fishing (beyond territorial waters): governed by the Union's EEZ Rules, 2025 under Entry 57, List I.
Territorial waters fishing: governed by Tamil Nadu's Marine Fishing Regulation Rules, 2020 under Entry 21, List II.

The Cooperative Federalism Direction

"...it is necessary for the Union and the State to abide by the principle of cooperative federalism. The Union as well as the State administration, are the duty bearers not only to implement the respective regulations within their province, but also to ensure that the stakeholders have easy access and efficient clearance of their applications to pursue their fundamental rights under Article 19(1)(g) of the Constitution of India..."

The Court found the on-ground implementation "rather disturbing": of 257 Access Pass applications filed on the Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal) as of 03.08.2026, 226 remained stuck at the State's verification stage, with only 6 passes actually issued — the lowest clearance rate among all coastal States. The Court held that leaving applications unprocessed for so long effectively amounted to an unwritten ban, which is impermissible in law, since it defeats the fishermen's fundamental right to carry on their occupation under Article 19(1)(g) of the Constitution.

Final Directions

The rights and liabilities of the parties will now be governed by the EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020.
Tamil Nadu must frame necessary rules or regulations designating a specified channel under Rules 15(5) and 15(6) of the Marine Fishing Regulation Rules, 2020 for vessels transiting from territorial waters to the EEZ, taking into account the Expert Committee's final recommendations.
The State was directed to ensure effective, efficient and timely clearance of pending Access Pass applications.

With these directions, I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022 was disposed of, along with the connected matters.

Why This Judgment Matters for Law Students and Lawyers

This case is a compact masterclass in Centre-State federalism, maritime and environmental regulation, and administrative law remedies for regulatory inaction — themes that regularly appear in constitutional law papers, moot court problems, and judicial services examinations. It shows how courts read overlapping legislative entries (List I vs List II), how expert-committee-driven interim orders shape final relief, and how an "unwritten ban" created by bureaucratic delay can itself be struck down as unconstitutional.

If you want to build the drafting, interpretation, and constitutional argumentation skills this judgment demonstrates, ILW's Advanced Legal Drafting 6.0 course is designed exactly for this — helping law students and young lawyers master statutory and constitutional interpretation, regulatory drafting, and case-based advocacy for a career in litigation, policy, and regulatory practice.

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Download the Full Judgment

Read the complete Supreme Court judgment in Fisherman Care v. The Government of India, Department of Animal Husbandry, Dairying and Fisheries (2026 INSC 937) — PDF

Frequently Asked Questions (FAQs)

Can Tamil Nadu ban fishermen from using purse seine nets in the Exclusive Economic Zone?

No. The Supreme Court in Fisherman Care v. Government of India (2026 INSC 937) held that regulation of fishing in the EEZ, beyond territorial waters, falls under the Union's exclusive competence via Entry 57 of List I, and is governed by the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, not by Tamil Nadu's State law.

Does Tamil Nadu's ban on purse seine nets apply within its territorial waters?

Yes. Tamil Nadu's Marine Fishing Regulation Rules, 2020, framed under the Tamil Nadu Marine Fishing Regulation Act, 1983 (a State law under Entry 21, List II), validly regulate and restrict the use of purse seine nets within the State's territorial waters, up to 12 nautical miles.

What is an Access Pass under the EEZ Rules, 2025?

An Access Pass is a permit issued under the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, allowing a registered fishing vessel to fish with purse seine nets in India's EEZ. It is granted by a Central Issuing Authority after verification by a State-designated Verifying Officer.

What did the Supreme Court mean by an "unwritten ban" in this case?

The Court found that out of 257 Access Pass applications, 226 were stuck pending verification by Tamil Nadu, with only 6 passes issued. It held that such prolonged non-processing of applications effectively amounts to an unwritten ban, which is impermissible in law and violates fishermen's right to carry on their occupation under Article 19(1)(g) of the Constitution.

What is cooperative federalism and how does it apply to fishing regulation?

Cooperative federalism requires the Union and State governments to work together within their respective constitutional spheres rather than in conflict. In this case, the Supreme Court held that the Union (EEZ Rules, 2025) and Tamil Nadu (Marine Fishing Regulation Rules, 2020) must coordinate to ensure fishermen get timely access to both territorial waters and the EEZ, even though each government regulates a different maritime zone.

Keywords

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