The Supreme Court has directed the Tamil Nadu Government to frame rules identifying a specified channel through which fishing vessels using purse seine nets can travel through the State’s territorial waters to reach the Exclusive Economic Zone (EEZ).
A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe also directed the State to process applications for EEZ fishing permits efficiently and without delay. The judgment was delivered on September 2, 2026.
Background Of The Case
The dispute arose from Tamil Nadu’s prohibition on purse seine fishing within its territorial waters. The State had imposed the ban through Government Order dated March 25, 2000, citing conservation of fishery resources. The 2020 Marine Fishing Regulation Rules also prohibited purse seine fishing throughout the State’s coastal area.
The fishermen, however, sought permission to carry their purse seine nets through Tamil Nadu’s territorial waters to fish beyond the 12-nautical-mile territorial limit, in the EEZ.
The Supreme Court had earlier constituted an Expert Committee to examine the environmental impact and regulation of purse seine fishing. Its final report recommended regulated access to the EEZ, including permits for vessels passing through State territorial waters.
Court’s Observations
The Court noted that the legal framework had since evolved. The Union Government notified the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, providing for an “Access Pass” for fishing vessels operating in the EEZ.
The Bench held that the Union and Tamil Nadu regimes operate in separate regulatory spheres and found no conflict between them.
“The powers of both the Union and the State are co-equal and autonomous in each of their legislative spheres.”
The Court further stressed cooperative federalism and said both authorities must ensure that fishermen have efficient access to the applicable regulatory process, subject to reasonable restrictions.
It also took note of the status of applications. As of August 3, 2026, 226 of 257 applications were pending verification by Tamil Nadu, while only six Access Passes had been issued. The Court observed that prolonged non-processing could effectively amount to an unwritten ban.
Decision
The Supreme Court disposed of the application, directing that the parties’ rights and liabilities would be governed by the applicable laws, the 2025 EEZ Rules and Tamil Nadu’s 2020 Rules.
It further directed Tamil Nadu to frame necessary rules or regulations designating a channel for vessels to transit from its territorial waters to the EEZ for purse seine fishing, taking into account the Expert Committee’s recommendations.
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