The Bombay High Court on Sept 23, 2020 (the latest and most recent) has directed the Director Fisheries (and the Coast Guard) to file a response to a petition indicating the manner in which it proposes to enforce its own orders dated 10.05.2016 and 10.11.17.
The petition is of Joaquim Reginaldo Mendes Versus The State of Goa And Ors.
These orders, prima facie, ban fishing in the specified area by bull or pair trawling and the use or installation or operation of surface or submerged artificial lights/ LED lights, fish light attractors or any light equipment for both motorised and non-motarised vessels for trawling, purse-seining and gill netting operations.
The effect of these orders is that such operations, prima facie, stand banned, both within as well as beyond the territorial waters of India (in EEZ)
Literally directing the Fisheries department to do its job the Court issued the following directions:
Court to Dir Fisheries: What is your plan of enforcing the LED ban?
The court further observed “Prima facie, it appears that such a ban is in place. However, there appears to be difficulty in enforcing the ban.
Therefore, the Director of Fisheries as well as the Coast Guard Authorities, to place on record the plan of action for effectively enforcing such ban in case, such ban, according to them, is in operation.
Court to Dir Fisheries: Inspect the trawlers and see if LED lights have been installed
Director Fisheries should inspect the trawlers of the and see whether such lights have been affixed to their trawlers, or otherwise, such newly impleaded respondents are making use of such lights or undertaking bull or pair trawling. The copies of the affidavit to be furnished in advance to the learned Counsel appearing for the petitioner.
