Regulating Marine Transit: Judicial Directives on Fishing Corridors and Federal Cooperation

The Supreme Court’s recent directive to the Tamil Nadu government to frame specific rules for creating 'specified channels' for fishing vessels marks a significant intervention in the governance of marine resources. The core of the issue lies in the transition of fishing vessels from territorial waters to the Exclusive Economic Zone (EEZ). By formalizing navigation corridors, the judiciary seeks to address the complexities surrounding purse seine fishing—a method often criticized for its ecological impact—while simultaneously ensuring that the livelihoods of traditional fishers are not unduly hampered by regulatory ambiguity. This judicial move underscores the necessity of cooperative federalism in managing maritime zones. Under the Indian constitutional framework, while the Union government holds jurisdiction over the EEZ, the management of territorial waters and the regulation of fishing activities within them fall largely under the purview of the State. The lack of a synchronized policy often leads to friction between state-level restrictions and the broader national objectives of sustainable fishing. By compelling the state to draft clear transit rules, the Court is essentially pushing for a 'middle path' that reconciles environmental conservation with the economic rights of the fishing community.