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State can issue provisional certificates to vessels

Published - August 19, 2018 12:06 am IST - MADURAI

The Supreme Court has asked the Madras High Court Bench in Madurai to expedite, within six months, the disposal of all the petitions pertaining to the registration of unregistered fishing vessels and indiscriminate fishing carried out in the coastal regions of the State.

The Bench comprising Justices S.A. Bobde and L. Nageswara Rao allowed the State to issue provisional certificates to the unregistered fishing vessels, the validity of which would be subject to the final result of the petitions pending before the High Court Bench.

The Supreme Court said that the State was at liberty to regulate the fishing conditions with regard to hours, time, area and others in order to prevent clashes between small and big fishing boats.

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The State could approach the High Court Bench for a direction seeking monitoring by the Coast Guard, if the need arises, it said.

The series of direction were given by the Bench while disposing of the special leave petition preferred the State.

Earlier, the Madurai Bench of the Madras High Court in an interim direction had directed the Director General of Shipping to consider the pleas for the registration of the unregistered deep sea vessels on merits, individually. The Thoothukudi Deep Sea mechanised fishing development association had sought the direction for registration citing that they were put to hardships as a result. They wanted a survey, certification and registration of their mechanised fishing vessels.

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A situation of ambiguity had resulted earlier, when the State in their submission before the High Court Bench said that the authority of the registration of the vessels was with the Centre. However, the Centre said that the registration was left to the State’s discretion and the Centre had delegated the powers to the State.

Meanwhile, an impleading petition was filed before the High Court Bench against the indiscriminate fishing being carried out by the unregistered deep sea vessels.

Advocate MJT Jerome, who moved the petition claimed that these boats were fishing within the 12 nautical miles, which was earmarked for the country boats. Under Section 435 of The Merchant Shipping Act, 1958, the vessels should be inspected before being registered, he had said.

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