Urging co-operative federalism between the Centre and the State to regulate purse seine fishing, the Supreme Court on Wednesday (September 2, 2026) directed the Tamil Nadu government to frame rules to create a “specified channel” or official navigation corridor under the Marine Fishing Regulation Rules, 2020 for transit of vessels from its territorial waters to Exclusive Economic Zones (EEZ) for fishing using purse seine nets.

The direction by a Division Bench headed by Justices P.S. Narasimha and Alok Aradhe was part of a judgment which considered applications concerning the rights of fishermen using purse seine nets to access the EEZ beyond the territorial waters of the State of Tamil Nadu.

The State had expressed concern in court that fishers could employ purse seine nets within the 12 nautical miles of territorial waters under the guise of fishing in the EEZ. It would be difficult for the State to regulate such activities. On the other hand, the fishers had argued that Tamil Nadu was invoking the 2020 Rules to prevent them from even carrying these purse seine nets to the EEZ for fishing beyond 12 nautical miles which is outside the realm of the State’s regulation.

But the court concluded that fishing within and outside the territorial waters of the State was covered by specific legislation, that is, Tamil Nadu Marine Fishing Regulation Rules, 2020, and the Central law of Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules (EEZ Rules), 2025.

The 2020 Rules regulate fishing within Tamil Nadu’s territorial waters and the use of gear. The Rules were notified to enforce the State’s March 2000 prohibition on fishing by pair trawling or purse seine nets across the coastal areas of Tamil Nadu within territorial waters as a measure to conserve the fishery,

The EEZ Rules contemplates the issuance of ‘access pass’ to fishing vessels permitted into the EEZ.

Upholding both the 2020 and 2025 Rules as well-defined, the apex court directed that the “rights and liabilities of the parties will now be governed as per the relevant laws, EEZ Rules, 2025 and the Tamil Nadu Marine Fishing Regulation Rules, 2020”.

“We now have the entire legal regime through which purse seine fishing can be regulated in the EEZ, while addressing the concerns of the State government within the territorial waters… There is no conflict between the EEZ Rules of the Union and the Marine Fishery Regulation Rules, 2020 of the State of Tamil Nadu,” the court observed.

The court said the Centre’s power to regulate fishing and fisheries beyond territorial waters under Entry 57 of List I of the Constitution, and the State’s authority to do the same under Entry 21 of List II were “co-equal and autonomous in each of their legislative spheres”.

‘Co-operative federalism’

With the laws to address the issue of access to EEZ for fishing using purse seine nets in place, the court said it was “necessary for the Union and the State to abide by the principle of co-operative 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 course subject to reasonable regulations,” the court observed.

The court found it “rather disturbing” that only six access passes were issued as on August 3 out of a total 257 applications made on the Registration and Licensing of Fishing Craft Portal (ReALCRaft Portal). It said almost 226 applications were pending verification by Tamil Nadu.

The judgment said the situation demonstrated a lack of coordinated endeavour between the issuing authority appointed by the Union and the verifying authority of the State.

“It appears that only six access passes have been issued. This is said to be the lowest among all coastal States. Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law,” the court observed.

The court directed Tamil Nadu to ensure timely clearance of the applications for access passes.