The Goa Foundation Thr. Its Secretary … vs The State Of Goa Thr. The Secretary … on 8 May, 2025

May 9, 2025

Bombay High Court

The Goa Foundation Thr. Its Secretary … vs The State Of Goa Thr. The Secretary … on 8 May, 2025

1. Heard Mr. Nigel Da Costa Frias who appears with Mr.
Shane Coutinho and Ms. Barbara Andrade, Advocates for the
Petitioners in WP No. 403 of 2022, Mr. Neehal Vernekar,
Additional Government Advocate for the Respondent-State
in WP No. 403 of 2022 and PILWP No. 32 of 2022, Mr.
Raviraj Chodankar, Central Government Standing Counsel
for Respondent Nos. 3 and 4 in WP No. 403 of 2022 & PILWP
No. 32 of 2022, Mr. Shivan Desai who appears with Ms.
Maria Costa Viegas and Ms. Riya Amonkar, Advocates for
Respondent Nos. 5, 6, 7, 9, 10, 13, 16, 17 and 19 in WP No.
403 of 2022 and for Respondent No.12 in PILWP No. 32 of
2022, Ms. P. Kakodkar, Advocate for Respondent Nos. 11 and
12 in WP No. 403 of 2022, Ms. Norma Alvares, Senior
Advocate who appears with Ms. Malisa Simoes and Mr. Om
D’Costa, Advocates for Petitioner in PILWP No. 32 of 2022
and for Applicant in MCA(F) 1635 of 2024 and Mr.
Balkrishna Sardessai, Advocate for Respondent No. 15.

2. Rule. With the consent of the learned Advocates for the
parties, petitions are heard finally.

3. These petitions have been filed seeking the following
reliefs:

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a) In PIL Writ Petition 32/2022:

A) For a direction to the Director of Fisheries to
forthwith cancel registration of fishing boats found
operating in violation of the ban orders dated
10.05.2016 and 10.11 2017:

A-i) For a direction prohibiting all mechanised
fishing vessels from carrying LED lamps on board;

A-ii) For a direction prohibiting all mechanised
fishing vessels from carrying a diesel genset on
board, or fixed to a dingy attached to the boat, except
if it also has a refrigerated hold;

A-iii) For a direction to the Director of Fisheries to
inspect all fishing vessels at the 7 jetties in the State
in association with the coastal police, at the time the
vessels are setting out to sea, and to issue a Fishing
Pass to those who meet the norms;

A-iv) For a direction to the Director of Fisheries not
to allow any boat to proceed to sea until and unless
its name and registration number is painted at a
prominent place easily visible to law enforcement
authorities;

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A-v) For a direction to the State Govt. to set up the
proposed Enforcement Wing with adequate staff and
patrol vessels, within a time bound period;

A-vi) For a direction to the Coast Guard to take
necessary action against vessels it detects carrying
out LED fishing in the territorial waters / EEZ /
Continental shelf, including seizure of offending
boats / equipment, and report the same to the
Fisheries Department for cancellation of registration
permits of offenders.

B. For a direction to the Director of Fisheries to
issue notices to cooperative fishing societies for
cancellation of registration of these cooperatives
who do not carry out the inspection of the fishing
boats prior to their departure from the jetty.

b) In Writ Petition No.403/2022:

A. Issue a writ of mandamus or any other
appropriate writ, order or direction to the
Respondent no. 1, 2 and 3 to implement and execute
the orders dated 10/5/2016 passed by the Director of
Fisheries and order dated 10/11/2017 passed by the

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Under Secretary to the Government of India, in true
letter and spirit.

B. Issue a writ of mandamus or any other
appropriate writ, order or direction to the
Respondent no. 1 and 2 to take strict action against
the violators in accordance with Goa Daman Diu
Marine Fishing Act Regulation Act, 1980.

C. Issue a writ of mandamus or any other
appropriate writ, order or direction to the
Respondent no. 4 to take appropriate action against
the Violators including seizure of vessel/s.

CC. Issue necessary direction to the Respondent
no.2 to direct authorised person to inspect the boats
prior to their fishing voyage and on their return and
take immediate actions in case of contravention of
rules and/or provisions and/or order issued, under
the Goa Daman and Diu Marine Fishing Regulations
act 1980.

D. Issue necessary order or direction to the
Respondent no.1 and 2 to bring statutory changes in
the penal provisions of the Goa Daman Diu Marine
Fishing Act Regulation act 1980.

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4. The common background facts as pleaded by the
Petitioners, are the following:

a) That the Department of Fisheries (DOF)
(Respondent No.2 in WP No.32/2022), in pursuance
of powers vested in it under Sub-Section 1 and 2 of
Section 4 of the Goa, Daman and Diu Marine Fishing
Regulations Act, 1980 (Marine Act), by an order of
10.05.2016 (Ban order 2016), banned/prohibited
LED (Light Emitting Diode) fishing by any vessels
in the territorial waters.

b) By an order of the Government of India dated
10.11.2017 (Ban order 2017), Ministry of
Agriculture and Fisheries, with reference to fishing
activities in the Exclusive Economic Zone (EEZ),
beyond territorial waters, prohibited fishing in the
aforementioned zone by bull and pair trawling or by
use or installation or operation or of surface or
submerged artificial lights/LED lights, fish light
attractors or any other light equipment, with or
without generator on a mechanized fishing vessel or
motorized fishing craft for trawling, purse-seining
and gill netting operations.

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c) Pursuant to amendments to the Marine Act of
17.09.2019, powers were vested under Section 18 of
the Act in the Authorized Officer empowering it to
enter and search any fishing vessel and to impound
or seize such vessel or accessories on it in the event
of the vessel or its crew indulging in contravention
of any of the provisions of the Marine Act.

d) That despite complete ban on bull trawling, pair
trawling and LED fishing having been imposed,
hundreds of fishing vessels operating from the
coastal harbours and jetties on the coast of the State
of Goa breached this ban with impunity and indulged
in large scale fishing operations of the above nature,
thereby depleting the marine/fish population; that the
various authorities which are impleaded as
respondents namely; State of Goa, Directorate of
Fisheries, Coast Guard, Union of India, District
Collector (North Goa), District Collector (South
Goa), Superintendent of Police (North),
Superintendent of Police (South), Superintendent of
Police (Coastal Security), Police Inspector Harbour
Coastal Security Police Station have been refusing to

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enforce the ban imposed by the said provisions,
resulting in large-scale overfishing.

5. Vide order bearing Reference No.
DF/ENF/ORDER/2016-17/ dated 10.05.2016, Directorate of
Fisheries, Government of Goa, prohibited fishing in the
“specified area” by bull or pair trawling and use of or
installation of surface or submerged artificial lights/LED
Lights, fish light attractors, or any other light equipment with
or without generator, on mechanised fishing vessels or
motorised fishing craft, for trawling, purse-seining or gill
netting operations in exercise of powers conferred by sub-
section (1) and (2) of section 4 of the Goa, Daman and Diu
Marine Fishing Regulation Act, 1980 (Act 3 of 1981). The
ban was imposed considering the need to conserve fish, to
regulate fishing, to protect the interests of traditional
fishermen, and to maintain law and order in the sea.

6. Subsequently, the Union Government, Ministry of
Agriculture & Farmers Welfare, Department of Animal
Husbandry, Dairying and Fisheries issued an order bearing
F.No. 21001/3/2014-Fy(Ind) dated 10.11.2017, prohibiting
the following activities in the Indian Exclusive Economic
Zone:

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a) Fishing by bull or pair trawling;

b) Use or installation or operation of surface or
submerged artificial lights/LED lights, fish light
attractors or any other light equipment with or
without generator on mechanised fishing vessel or
motorized fishing craft for trawling, purse seining
and gill netting operations.

7. By this order, the Coast Guard was requested to take
necessary steps to prevent LED fishing in the Indian EEZ
beyond territorial waters. Similarly, all maritime States and
Union Territories were advised to take the necessary steps to
prevent LED fishing in territorial waters and beyond.

8. Fishing with LED lights essentially requires a string of
light emitting diode bulbs to be hung from the mast of the
fishing vessel or an LED fish attractor which is submerged
into the sea from the fishing vessel; the shoals of fish get
attracted towards the bright light that is emitted from the
LEDs, which are then trapped in nets lowered from winches
on board these vessels. The use of LED lights for fishing is
banned.

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Pair trawling and bull trawling is a method of banned
fishing, where a pair of trawlers releases a net between them
and traps a shoal of fish by dragging this net in unison.

9. Respondent No. 2/DOF, vide affidavit dated 27.11.2020,
stated that it is mandatory for the owners of every fishing
vessel to obtain a valid fishing pass from the Department of
Fisheries when the vessel ventures in the sea for fishing,
failing which they are liable to pay penalty. It is further stated
that at the time of issuing the pass, the officials of the
Fisheries Department inspect the fishing vessel before it
leaves the jetty. A reference is made to an order dated
20.11.2020 issued by the Department, instructing officers of
the Fisheries Department to conduct inspection of the Fishing
vessels to check the use or installation of illegal fishing gear
such as LED lights, fish light attractors, or any other such
equipment.

10. Respondent No. 4/Indian Coast Guard, in its affidavit
dated 19.04.2021, stated that the Coastal Police and the DOF
have been undertaking inspection of trawlers before their
departure from the jetties. It is further stated that the DOF
should ensure that the fishing vessels do not carry such gears
which enable LED Fishing and/or Bull or Pair trawling at the

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stage of issuing fishing permits to these vessels; such
stringent checks before the vessel leaves the jetty would
ensure that such illegal fishing gear is not carried on board,
dissuading the vessel owners from indulging into Bull or Pair
Trawling and/or LED Fishing.

11. Subsequently, DOF filed an Affidavit in Reply dated
12.09.2022, outlining the initiatives taken by the Department
to enforce and implement the orders dated 10.05.2016 and
10.11.2017 as follows:

(i) That vide order dated 29.10.2020, the Government
of Goa has authorized the Assistant Superintendent
of Fisheries, Fisheries Officer and Junior Technician
of the department, to exercise the powers conferred
on and the discharge of duties imposed upon the
authorized officer under the Goa Daman and Diu
Marine Fishing Regulation Act, 1980 (The Marine
Act).

(ii) That DOF, vide order dated 30.06.2022, has made it
mandatory for the crew on board fishing vessels to
carry QR-enabled Aadhaar Card to enable
identification and essential documentation for
verification of the fishing vessel.

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(iii) That vide Order dated 28.07.2022, DOF instructed
the authorized officers enlisted therein with the
assistance of Coastal Police, to conduct routine
inspections at the jetties to keep a check on the
installation of LED lights, flashlight attractors, or
any other light equipment with or without a
generator.

(iv) That, in furtherance of the Order dated 28.07.2022,
DOF states to have deputed the Fisheries
Officer/Fisheries Surveyors on a 24 by 7 shift at the
jetties to check and issue fishing passes to the
vessels before venturing out into the sea after
inspecting every vessel to check for presence of any
equipment that could be used for LED Fishing or
other banned practices.

(v) That, prior to the mechanism put in place by order
dated 28.07.2022, the Department would conduct
such inspections against only those vessels against
which information was received or reasonable doubt
perceived concerning use of illegal fishing
equipment. DOF denies that selective inspection
was carried out for the purpose of avoiding fixing

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liability against fishing vessels which were engaged
in illegal fishing practices.

(vi) That DOF has been conducting patrolling in
Territorial Waters to check for any violation of the
ban on illegal fishing practices.

(vii) That in the fishing season of 2022, two cases of
violation of ban were registered and that in these
cases, the fishing vessel was impounded, fish found
on board was auctioned and the case was referred to
the adjudicating officer who in turn on hearing,
imposed a fine of Rs.5,000/- each.

(viii) That to strengthen the existing mechanism, DOF
has proposed an enforcement wing of 58 staff, for
patrolling the territorial waters and keep in check
any illegal fishing activities, including LED fishing
being undertaken in the Goan Territorial Waters.
Such enforcement wing will have to work in
coordination with the police department (Coastal
Police). That the proposal has been administratively
approved by the Minister for Fisheries.

(ix) That the DOF have sent a proposal to the Central
Government under Pradhan Mantri Matsya

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Sampada Yojana to sanction the purchase of 05
patrol vessels for the fisheries department and 07
patrol vessels for the coastal police to conduct
patrolling in the territorial waters of Goa.

(x) That the generators used on board, are for hydraulic
purposes particularly for hauling the fishing net,
power block, illumination on the vessel, battery
recharge and cooking purpose, given that the fishing
vessel is out at the sea for 15-20 days and has to
support 20-35 crew members.

12. By an affidavit dated 30.09.2022, Respondent No.
3/Indian Coast Guard brought on record a list of 17 fishing
vessels found by them to have been violating the ban order by
indulging in LED fishing. It is further stated that the Coast
Guard does not have the requisite statutory powers to proceed
against the violators by itself; it can only report such
violations to the DOF.

13. In pursuance of this Court’s order dated 19.10.2022,
DOF filed an Affidavit dated 07.12.2022 reporting the action
taken against the 17 fishing boats found by the Indian Coast
Guard to be indulging in LED fishing. It has been stated that for
11 out of 17 fishing vessels, a report has been made by the
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Authorised Officer and referred to the Adjudicating Officer u/s 20
of the Marine Act for necessary orders. It has been further stated
that by an Email dated 01.12.2022, the Indian Coast Guard has
informed the Department that the confiscated documents from the
vessels have been forwarded to the Coast Guard Authorities of
Karnataka State for further action.

The affidavit further states that the Proposal under the
Pradhan Mantri Matsya Sampada Yojana to sanction the purchase
of 05 patrol vessels for the fisheries department and 07 patrol
vessels for the coastal police to conduct patrolling in the territorial
waters of Goa is pending before the Central Government.

14. By orders dated 19.10.2022 and 17.12.2022, this Court
directed DOF to consider whether letting off violators for a paltry
fine of Rs.5,000/- amounts to implementation of the ban. In
response, the DOF filed an additional affidavit in reply dated
23.01.2023, stating that they have proposed an Amendment to the
Goa Daman Diu Marine Fishing Regulation Act Rules, 1982
to incorporate a provision for imposition of penalty for the use or
carriage or installation of unregistered fishing gear or
unauthorised fishing equipment and that the said proposal has
received approval of the Government.

15. On 19.06.2023, the DOF filed a synopsis before this Court
stating the steps that had been taken by the State of Goa in

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enforcing the LED fishing ban. Apart from having issued certain
guidelines to its officers, under paragraph 12 of the synopsis, the
DOF stated that a tender had been floated for engaging private
fishing trawlers for the purpose of patrolling the territorial waters,
since the mechanism of using LED lights and bull trawling is
generally a stationary exercise or at slow speed. The synopsis
further stated that the fishing trawlers proposed to be engaged for
patrolling would be sufficient to enforce the ban in the territorial
waters. The synopsis also stated that the State of Goa had
commissioned one 15 metre Fast Interceptor Patrol Boat on
13.04.2023 to be used by the Coastal Police for patrolling and the
Coastal Security Force (Coastal Police) had moved a proposal for
repairs or replacement of nine interceptor boats which was under

consideration. In paragraph 19 of this synopsis, the DOF claimed
it was setting up of a hotline between the Coastal Police, Coast
Guard and Department of Fisheries for effective communication
in detecting LED fishing and bull trawling.

16. In paragraph 17 of the synopsis, the DOF contended that the
duty is cast for enforcement of the ban on the Coast Guard under
Section 14 of the Coast Guard Act to enforce the provisions in the
Maritime Zones. It was further contended in paragraph 18 that the
order dated 10.11.2017 of the Central Government under the
Territorial Waters Act suggests that the duty of enforcement of the
LED fishing ban was to be carried out by the Coast Guard. It was

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further stated by the DOF that vide notification of 05.12.2019
issued by the Union Government, the Coast Guard was
empowered to board, arrest and seize vessels, and detain persons
who are found contravening any provisions of any Central Act
and Acts specified under Section 121 of the Coast Guard Act, in
the EEZ.

17. An MCA (F) 1635/2024 came to be filed on 08.07.2024 by
Goa Foundation wherein directions were sought of this Court to
submit the GSL report which the DOF had sought from Goa
Shipyard Ltd., a premier ship building unit at Vasco da Gama,
which mainly manufactures defence vessels. Directions to
produce the GSL report had been given by this Court, earlier on
20.03.2024, despite which the same was not produced on record.

18. The DOF submitted an affidavit dated 18.07.2024, stating
that by an email dated 20.02.2024 it had sought a report from
Central Institute of Fisheries Nautical and Engineering Training
(CIFNET) seeking their opinion as to whether DG sets were
required or it was advisable for fishing vessels to be operated
without the DG set. Along with the affidavit, the DOF placed on
record a report issued by CIFNET dated 22.02.2024. According
to the DOF, the findings of CIFNET were that there were no
requirements or restrictions in the Rules requiring the use of DG
sets or auxiliary engines on fishing vessels. The CIFNET report
further stated that adequate electrical power to operate safety
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equipment on board fishing vessels may be sourced from the main
engine, auxiliary engine, DG set or batteries. Further, it was stated
that fishing vessels may carry a DG set or an auxiliary engine as
a safety measure.

19. However, on 31.07.2023, the DOF had already addressed a
letter to the Goa Shipyard Ltd. (GSL), requesting them to hold an
inspection of fishing vessels at various jetties and report on the
use of DG sets by the inspected vessels. A report dated 24.01.2024
had already been received by the DOF on 29.01.2024, before it
wrote to CIFNET seeking another opinion to counter the GSL
Report, which was never placed on the record of this Court. On
08.07.2024, the Petitioners filed MCA 1635/2024 praying that the
DOF be directed to place on record the GSL report, which,
appears to have been suppressed from this Court. The DOF
ultimately placed an Additional Affidavit dated 01.08.2024,
nearly 7 months after receiving the GSL report, and the report was
brought on record. The affidavit is silent on whether any action
was taken based on the report.

20. The findings in the GSL report are based on the inspection
of fishing vessels at Cutbona, Malim and Vasco jetties. The
findings recorded in the said report are as stated below:

a) That the conventional fishing boat may be operated
without DG set.

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b) The need for using DG sets arises to power heavy duty
galley equipment such as refrigerators, hot plates, ovens,
etc. and comfort appliances such as air-conditioners,
washing machines, dryers, etc.

c) These appliances are not in use on the inspected fishing
vessels.

d) On most vessels which were inspected, LED lights with
a switch system for high power lighting was observed
on board.

SUBMISSIONS

21. Senior Advocate Mrs. Norma Alvares, appearing on behalf
of the Petitioners in PILWP 32 of 2022 has advanced the
following submissions:

(a) It was submitted that under the orders dated 10.05.2016
by the State Government under the Marine Act and in
terms of the order dated 10.11.2017 issued by the Union
Government, Marine Fishing using LED lights, whether
submerged or surface, has been totally banned. Despite
the total ban, there is large-scale use of LED lights on
fishing vessels which leave the coast of Goa and
indulging fishing within the territorial waters, using
these LED lights, with no enforcement of the ban, being

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carried out by the DOF, the Coastal Police and the Coast
Guard.

(b) The process of how LED fishing was carried out was
explained by the learned Counsel, then took us through
the various affidavits of the DOF which record that
there exist 6 jetties along the coast of Goa which belong
to the department from which these trawlers and purse-

seiners set sail. Learned Counsel points out that there
are 891 fishing vessels registered with the DOF or under
the MS Act; of these, the GSL, at the request of the DOF
inspected 307 of the 891 vessels between 01.08.2022
and 25.08.2022 at 4 out of the 6 jetties, observing that
85 of these vessels had DG sets, but only one of these
85 vessels had a refrigerated hold. None of the
remaining 85 vessels found with DG set on board had
freezers or a refrigerated hold, the only use for such DG
sets on these vessels, according to the affidavit, being
for running the refrigerating unit. The learned Counsel
therefore urged that the only use for these DG sets was
to power LED lights, which were to be used for fishing,
in utter violation of the ban.

(c) Learned Senior Advocate has collated the figures
contained in the report of GSL and the facts stated in the
affidavits and has placed them in tabular form as under:

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Jetty Inspection No of DG on Vessel has No DG on
Period Vessels board Refrigerated board
Hold/Freezer
Malim 6 Days 125 33 No 92 (10
1/8 to 8/8 Cabins
locked)
Cutbona 11 Days 60 34 No 26
5/8 to 25/8

Chapora 5 Days 31 1 No 30
1.8 to 15.8
Vasco 11 Days 91 17 1-Yes (MMR 74
1.8 to 16.8 No. 3284 Star
of Velankani
II)
Bal. 16-No
Total 307 85 1 222

(d) The learned Counsel further took us through the
affidavit on behalf of the Coast Guard dated 30.09.2022,
which has highlighted the number of vessels detained
by the Coast Guard, indulging in LED fishing, after
which the vessels were handed over, after inspection to
the DOF for further action. The DOF, has in is affidavit
stated the action taken on the aforementioned incident;

these facts are concised below:

i. Of the 11 boats registered in Goa (from the 17
boats caught doing LED fishing by the Coast
Guard) (Pg 223), only 2 have been inspected.

ii. Of the 3 boats impounded at Cutbona jetty (Page

199) only 1 boat was inspected.

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iii. Of the 8 boats suspected to have been indulging in
LED fishing and ordered to be inspected at
Cutbona jetty on 14/10/2020, (Page 158) not a
single boat has been inspected.

iv. Of the 7 boats suspected to have been indulging in
LED fishing and ordered to be inspected at Malim
on 26/10/2020, (Page 167) only one boat has been
inspected.

The learned Counsel submits that the Coast Guard is
empowered under the provisions of the Coast Guard Act to
enforce all laws in force in the Maritime Zones, and as such,
it would be the primary duty of the Coast Guard to maintain
a vigil over the fishing operations off the Coast of Goa. She
submits that to enforce the provisions of the Coast Guard
Act, which according to the Petitioner, the Coast Guard is
presently not undertaking, on the claim that it has other
duties, directions would have to be issued by this Court,
particularly to patrol the Coastal areas off the State of Goa
and to arrest the large-scale activities of LED Fishing.

(e) It was further submitted that from the details contained
in the report of the GSL, and the affidavits on record,
there is no requirement for any of the fishing vessels, of
the class registered under the Merchant Shipping Act,
1958 (The MS Act) to be granted fishing permits by the
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DOF to carry a Diesel Generated (DG set) on board as
there are practically no vessel in this class, sailing from
the jetties in Goa that have a refrigerated hold, for which
auxiliary power is required. According to the learned
Counsel, since the only use for the DG set on board
would be for powering LED lights used for banned
method of fishing, directions may be issued to the DOF
to restrain all fishing vessels from carrying a DG set.

(f) It was further submitted that the Coastal Police, which
is required to monitor and enforce the ban on LED
fishing within 12 nautical miles of the Coast, has no
adequate infrastructure to implement the task assigned
to it. It is further argued that the affidavit, and material
placed on record reveals that the Coastal Police has
barely two crafts to undertake patrolling duties, which
is grossly inadequate for the area assigned to them. The
Petitioners seek necessary directions to the Home
Department/Coastal Police to take steps to bolster the
Marine Police Force, by recruiting adequate number of
officers and providing the force with adequate vessels
to protect this area, with the emphasis on enforcing the
ban on the LED fishing, bull trawling and pair trawling.

(g) The learned Counsel has, in a written note placed on
record suggested certain directions to be issued by the

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Court, to enforce statutory duties cast on various
agencies.

22. Shri. Nigel Costa Frias, learned Counsel appearing for
Petitioners in WP 403 of 2022 has advanced the following
submissions:

(a) That vessels covered under the MS Act (as all fishing
vessels are registered thereunder) and more
particularly in relation to Merchant Shipping (Distress
and Safety Radio Communication) Rules, 1995, do not
mandate installation of a DG set to provide power to
emergency lights or communication devices such as
Vessel Tracking System (VTS), GPS and Search and
Rescue Radar Transponders (SART). He submits that
it is of common knowledge that these instruments or
devices can be powered by a 24 Volt Battery System
which is charged by an alternator attached to the main
engine of the vessel or a Solar Panel. He further
submits that Auxiliary Fire Pump on a vessel, used in
the event of flooding of the engine room is self-

designed, not to require power from a DG set. So also,
the winch used to pull nets back into the vessels, is
powered by a Power Take Off (PTO) which is coupled
to the main propulsion engine of the vessel and does
not require use of the DG set. It was therefore
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contended that the only use of a DG set is to power
LED lights to indulge in illegal fishing. The Counsel
therefore contends that such DG set, should be
prohibited and DOF should ensure that DG sets are not
allowed to be taken on board any fishing vessel.

(b) Referring to Section 14 of the Coast Guard Act, the
learned Counsel submits that the Coast Guard was
vested with all powers to seize a vessel indulging in
LED fishing, anywhere within the Maritime Zone, and
the contention of the Coast Guard, in its affidavit filed
before this Court, that the Coast Guard is not
empowered to enforce any of the legislations banning
LED fishing, bull trawling and pair trawling, ought not
be accepted by the Court. The Petitioners pressed for
enforcing the statutory powers vested in the Coast
Guard under Section 14 of the Coast Guard Act.

(c) The learned Counsel has adopted the arguments of Mrs.
Alvares, with regard to the submission that the report
of the GSL and the fact that the Coast Guard had
apprehended at least 17 vessels indulging in LED
fishing, lends credence to the fact that LED fishing was
a widespread phenomenon along the coast of Goa.

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23. There are two Fishing Co-operative Societies, representing
groups of Fishermen undertaking trawling and purse-seining
operations off the Coast of Goa, who have also been heard in these
petitions, as they claim to be stakeholders in the activity.

24. Shri. Shivan Desai, learned Advocate appearing for
Respondent No. 12 (Cutbona Fisheries Co-operative Society Ltd.)
in PILWP No. 32 of 2022 has made the following submissions:

a) That members of this Respondent operate from the
Cutbona Jetty in Salcete Taluka, which operates the
largest number of Fishing vessels. He submits that the
scope of the Marine Act and the MS Act and Rules have
to be construed within the scope of the constitutional
scheme under Article 297 and 246 of the Constitution of
India. He submits that under MS Act, the provisions of
Section 435A applies to fishing boats, which are
required to be registered under Section 435G thereof.

According to Mr. Desai, the provisions for registration
of a vessel do not require to indicate the use of a DG set,
which consequently means that such device could be
carried on board such vessels, for all other uses.

b) He further submits that such DG sets are required on
board these vessels to enable them to power certain
equipment on board these vessels which includes
winches and safety equipment. According to him, since
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the Rules do not prohibit the use of a DG set, which is
otherwise used as an energy source for running Auxiliary
machinery, which may include pumps and signalling
equipment, it has to be left to the discretion of each
owner or master of a fishing vessel as to what equipment
should be carried on board, apart from the mandatory
requirements.

25. Respondent No. 11 (The Mandovi Fishermen Marketing
Co-operative Society Ltd.) representing the Trawler owners
operating from Malim Jetty (Betim), have filed an affidavit dated
08.08.2024 and are represented by learned Advocate Pranav
Kakodkar, who has adopted the arguments of Mr. Shivan Desai,
claiming that the DG set installed on fishing trawlers power safety
equipment and are necessary as a backup power supply in case
the engine fails.

26. Shri. Neehal Vernekar, learned Additional Government
Advocate for Respondent Nos. 1, 2, 5, 6, 7, 8, 9 and 10/State has
advanced the following submissions:

(a) That factually, there are seven police stations working
under the administration of the Respondent No.9 S.P.
Coastal Security, who are charged with patrolling the
coastal areas of Goa, along 105 kilometres of coastline
stretching seaward upto 12 nautical miles. To patrol this

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area, at present, the Coastal Police has only one 15 metre
high-speed interceptor boat in service while nine such
speed boats have been condemned. In addition, the DOF
has only one vessel which is used for patrolling these
waters, while another vessel is presently docked for
repairs which are estimated to cost Rs.32,95,000/-. The
learned Counsel further submits that proposals have
been sent by the Respondent No.9 to the Home
Department of the Government of Goa for procuring
more patrol boats/fast interceptor boats, which are
pending with the Government for financial approval. He
further submits that all efforts are being made to procure
additional interceptor boats and to recruit more officers
to man, both, the Coastal Police Stations and to man the
positions of its Authorized Officers in the DOF.

(b) The learned Advocate has further taken us through the
MS Act and submits that under Section 435G, every
fishing vessel is required to be registered under the said
Act, and under Section 435A, the Central Government
has framed Rules known as the Merchant Shipping
(Indian Fishing Boards Inspection) Rules 1988 (Fishing
Rules), under which, surveyors are required to verify
compliance with the technical mandate for fishing
vessels; The powers to register these vessels have been

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delegated under the MS Act, since 02.09.2020, to the
DOF, Goa.

(c) He further submits that under the scheme of the Fishing
Rules, every fishing vessel is required to have sufficient
main and auxiliary machinery essential for propulsion
and safety, with effective means of control. In this regard,
it was further submitted that an auxiliary engine fitted
with an alternator is also identified as a diesel generator,
is permitted on fishing vessels, considering various
equipment used for fishing operations. It was contended
that per se, the use of DG sets on fishing vessels are not
prohibited by any law, and as such, no orders be issued
by this Court to prohibit such use on board vessels.

27. Shri Raviraj Chodankar, learned Advocate for Respondent
No.3 and for the Union of India submitted that the Coast Guard is
not vested with any powers to enforce the Ban order 2017 or the
Marine Act. He submits that the Coast Guard only detains
offending vessels and then hands them over to the local
authorities for taking action. He then submits that the Coast Guard
has in fact apprehended 17 vessels, as stated in their affidavit and
handed them over to the DOF for action. He further submits that
the Coast Guard is not empowered to prosecute the owners of
vessels indulging in LED fishing.

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28. For the purpose of considering the rival submissions and to
understand the scope of each enactment, its extent and measures
that are required to be taken by the various Agencies for enforcing
the statutory provisions, it would be necessary to refer to the
provisions of these enactments.

CONSTITUTIONAL PROVISIONS

29. Article 21 of the Constitution of India guarantees every
citizen protection of life, which extends to the right to a
hygienic and healthy environment. This valuable right has
been further expanded to include a duty on the State to protect
and to improve the environment and to safeguard natural
resources and food resources of the citizens. The oceans
provide for a large food resource in the form of marine
products which are exploited by fishing operations,
controlled and regulated by various laws, referred to below.
It is of common knowledge that over-fishing or fishing in a
manner that is prohibited by law, would deplete the fish
population, thereby destroying a food resource. It is for that
purpose that the State Government and the Central
Government have brought into place regulatory measures by
prohibiting the use of LED lights in fishing and fishing using
bull trawling and pair trawling methods. These prohibitions

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found in the Marine Act and the Ban order 2017 are also
obviously to advance and protect the right to life of the
citizens.

30. At present, though there is a law that prohibits a certain
method of fishing, there is no proper enforcement mechanism
in place and it appears from a reading of the affidavits of the
various departments that there is no will to enforce the
aforementioned two laws which ban particular types of
fishing. Till such measures are adopted to enforce the ban on
LED fishing, bull trawling and pair trawling, the fish
populations may get depleted to a point of no return. At this
juncture, we would also make reference to the Precautionary
Principle, well recognized by various Judgments of the Apex
Court. The judgment of the Supreme Court in M. C. Mehta
(Badkhal and Surajkund Lakes Matter) v. Union of India
and Ors., reported in (1997) 3 SCC 715, which discusses the
concept of precautionary principle, is quoted below:

“8. This Court in Vellore Citizens’ Welfare Forum v.
Union of India elaborately discussed the concept of
“sustainable development” which has been accepted as
part of the law of the land. It would be useful to quote the
relevant part: (SCC pp. 657-60, paras 10, 11, 14 and 15)

“The traditional concept that development and ecology
are opposed to each other is no longer acceptable.

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‘Sustainable Development’ is the answer. In the
international sphere ‘Sustainable Development’ as a
concept came to be known for the first time in the
Stockholm Declaration of 1972…. During the two
decades from Stockholm to Rio ‘Sustainable Development
has come to be accepted as a viable concept to eradicate
poverty and improve the quality of human life while
living within the carrying capacity of the supporting
ecosystems. ‘Sustainable Development as defined by the
rundtland Report means ‘Development that meets the
needs of the present without compromising the ability of
the future generations to meet their own needs’.

… We are, however, of the view that The Precautionary
Principle’ and The Polluter Pays’ principle are essential
features of ‘Sustainable Development. The
‘Precautionary Principle’ in the context of the municipal
law – means:

(i) Environmental measures – by the State Government
and the statutory authorities – must anticipate, prevent
and attack the causes of environmental degradation.

(ii) Where there are threats of serious and irreversible
damage, lack of scientific certainty should not be used as
a reason for postponing measures to prevent
environmental degradation.

(iii) The ‘onus of proof is on the actor or the
developer/industrialist to show that his action is
environmentally benign.

***

In view of the above-mentioned constitutional and
statutory provisions we have no hesitation in holding that

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the Precautionary Principle and the Polluter Pays
Principle are part of the environmental law of the country.

Even otherwise once these principles are accepted as part
of the Customary International Law there would be no
difficulty in accepting them as part of the domestic law. It
is almost an accepted proposition of law that the rule of
Customary International Law which are not contrary to
the municipal law shall be deemed to have been
incorporated in the domestic law and shall be followed by
the courts of law. To support we may refer to Justice H.R.
Khanna’s opinion in .D.M. v. Shivakant Shukla, Jolly
George Varghese case and Gramophone Co. cases.”

…..

10. …. The “Precautionary Principle” has been accepted
as a part of the law of the land. rticles 21, 47, 48- and
51- (g) of the Constitution of Indi give a clear mandate
to the State to protect and improve the environment and
to safeguard the forests and wildlife of the country. It is
the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures.
The “Precautionary Principle” makes it mandatory for
the State Government to anticipate, prevent and attack
the causes of environment degradation. We have no
hesitation in holding that in order to protect the two lakes
from environmental degradation it is necessary to limit
the construction activity in the close vicinity of the lakes.”

31. Article 297 of the Constitution of India states that all
lands, minerals and other things of value underlying the ocean

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within the territorial waters, or the continental shelf, or the
exclusive economic zone, of India shall vest in the Union and
be held for the purposes of the Union. All other resources of
the exclusive economic zone of India shall also vest in the
Union and be held for the purposes of the Union.

Thus, all marine resources, including fish and other
food resources within the entire EEZ, which stretches from
12 nautical miles off the Indian coast, seawards to a distance
of 200 nautical miles would vest in the Union of India, and it
would be the duty of the various instrumentalities and
departments of the Union Government to preserve, protect
and regulate the exploitation of such resources. Keeping these
broad principles in mind, we proceed to examine certain other
legislations.

STATE LAWS

32. The Goa Daman and Diu Marine Fishing Regulation
Act, 1980 (Marine Act) was enacted to regulate, restrict and
prohibit certain matters within certain specified areas
connected with marine fishing. Under this Act, the “specified
area” is an area of 5 kilometres from the coast in the sea along
the entire coastline of Goa. Section 6 thereof provides for

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licensing of fishing vessels and requires the owner of a
fishing vessel to make an application to the authorised officer
for the grant of a licence for using such fishing vessel for
fishing in any specified area. Section 11 provides for
cancellation or suspension of licences issued to a registered
vessel if it has contravened any of the provisions of this Act
or any order or rule made thereunder. Section 18 empowers
the authorised officer, if he has reason to believe that any
fishing vessel is being or has been used in contravention of
any of the provisions of this Act, or of any order or rule made
thereunder or any of the conditions of the licence, enter and
search such vessels and impound the same and seize any fish
found in it.

Section 21 provides for penalties to be imposed by the
adjudicating officer for use of a fishing vessel in
contravention of any of the provisions of this Act or of any
order or rule made thereunder or any of the conditions of
licence and any such person on being found guilty by the
adjudicating officer, shall be liable to penalty not exceeding
five thousand rupees, if the value of the fish involved is one
thousand rupees or less and five times the value of the fish, if
the value of the fish involved is more than one thousand
rupees. In addition to any penalty, the adjudicating officer

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may direct that the registration certificate of the fishing
vessels or the licence be cancelled or revoked and the fish that
might have been impounded or seized be forfeited to the
Government.

33. In exercise of powers under Section 4 of this Act, the
Government of Goa, on 10.05.2016, has issued an order (Ban
order 2016) prohibiting fishing in the specified area by bull
or pair trawling and by using or installation of fishing gear
such as LED lights, fish light attractors or other light
equipment, with or without generator, on mechanized fishing
vessels or motorized fishing craft for trawling, purse-seining
or gill netting.

34. The Government of Goa, in exercise of powers under
the Code of Criminal Procedure has issued notification dated
08.09.2006 extending the jurisdiction of 12 Coastal Security
Police Stations to the area consisting of 12 nautical miles
from the Coast into the sea. The Coastal Police therefore has
jurisdiction to enforce all State and Central enactments within
12 nautical miles seaward, of the Goa State coastline.

CENTRAL LAWS

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35. The Merchant Shipping Act, 1958 seeks to regulate
Indian Mercantile Marine Shipping. Part XV A was
introduced in this Act in 1983 for regulating the use of Fishing
Boats. Fishing Boat, defined under Section 435B includes
any fishing vessel or craft of any type used solely for fishing.
Section 435C obliges every Fishing Boat to be registered with
such authority as is specified, and Section 435G prescribes
the form of certificate of registry, and requires that every
Fishing Boat must be certified under technical specifications
required by the Rules. Section 435J also requires Fishing
Boats to conform to the Rules made under the Act while
Section 435L provides for cancellation of the certificate of
inspection where the Fishing Boat has undergone material
alterations.

36. The Central Government has framed The Merchant
Shipping (Indian Fishing Boats Inspection) Rules, 1988
(Fishing Rules) which empower an Authorized Officer to
ensure, with respect to every fishing vessel inter alia that its
hull machinery and equipment are sufficient for the intended
service and are efficient, the ventilators, air pipes, side
scuttles, scuppers, discharges and other sea connections are
adequate and efficient, the main and auxiliary machinery
essential for the propulsion and safety is provided with
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effective means of control, and the vessel is provided with
sufficient emergency source of electric power in addition the
main source of electric power and adequate precautions are
taken against shock, fire and other hazards of electrical origin.

37. The Merchant Shipping (Distress and Safety Radio
Communication) Rules, 1995 provides that on every ship a
supply of electrical energy shall be available from the ship
main source of electrical energy at all times. While such ship
is at sea and at all reasonable times while she is in port. Such
supply of electrical energy shall be adequate for the operation
of all radio equipments and charging of any batteries which
are a source of reserve electrical energy for radio equipments.
It also provides for a self-contained emergency source of
electrical energy for 36 hours in case of passenger ships and
18 hours in case of cargo ships to operate.

38. The various maritime zones comprising Territorial
Waters and Economic Zones are provided for in the Territorial
Waters, Continental Shelf, Exclusive Economic Zone &
Other Maritime Zones Act, 1976 (EEZ Act). Section 3 of this
Act declares that the sovereignty of India extends to the
territorial waters of India and to the seabed and subsoil
underlying, and the air space over, such waters. The limit of

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the territorial waters is twelve nautical miles from the
baseline (coast). Section 7 defines the Exclusive Economic
Zone of India (EEZ) as the area beyond and adjacent to the
territorial waters extending to two hundred nautical miles
from the baseline/limit of the territorial waters. In the EEZ,
the Union has sovereign rights for the purpose of exploration,
exploitation, conservation and management of the natural
resources, both living and non-living as well as for producing
energy from tides, winds and currents, exclusive rights and
jurisdiction for the construction, maintenance or operation of
artificial islands, off-shore terminals, installations and other
structures and devices necessary for the exploration and
exploitation of the resources of the zone or for the
convenience of shipping or for any other purpose. The
Union also has exclusive jurisdiction to preserve and protect
the marine environment and to prevent and control marine
pollution in this zone.

39. The Coast Guard Act, 1978 was enacted to provide for
a Specialized Armed Force of the Union to ensure security of
the maritime zones of India, and to protect its maritime and
national interest in such zones. Chapter III of the Act
mandates the duties and functions of the Coast Guard in
which Section 14 casts the duty on the Coast Guard to protect
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by such measures, as it thinks fit, the maritime and other
national interests of India in the maritime zones of India.
Clause (c) of Sub-Section 2 thereof empowers the Coast
Guard to take measures that are necessary to preserve and
protect the maritime environment and to prevent and control
marine pollution. Clause (e) thereof mandates that the Coast
Guard shall take measures to enforce the provisions of such
enactments as are, for the time being in force, in the maritime
zones. Section 121 of this Act enables the Central
Government, by an order published in the Official Gazette, to
direct any member of the Coast Guard to prevent any offence
punishable under the Acts specified in Clause (i) of the
Section and further empowers the force to apprehend any
person who may have committed any offence under these
Acts.

40. The Ministry of Defence issued a notification dated
05.12.2019, exercising powers under Sub-Section 3 of
Section 21 of the Coast Guard Act authorising every member
of the Coast Guard to visit, board, search and seize vessels,
or arrest any persons involved or suspected to be involved in
the commission of any offence punishable under any of the
Central Acts, including the Acts specified in Clause (i) of

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Sub-Section 1 of Section 121 of the Coast Guard Act, within
the Maritime Zone of India extended upto the EEZ.

41. Under the Coastal Security Scheme of the Ministry of
Home Affairs, the Indian Navy has been designated as the
authority responsible for overall maritime security, including
coastal security, and shall be assisted by the Coast Guard,
Coastal Police and other State agencies. Additionally, the
scheme provides for the Indian Coast Guard to be responsible
for coastal security in territorial waters, including areas to be
patrolled by Coastal Police of the State agency.

42. Apart from having issued the Ban order 2017, the
Central Government (Department of Fisheries) has issued an
order dated 12.11.2014 in terms of the powers vested in it
under Entry 57, List 1 of the 7th Schedule of the Constitution
of India, prescribing guidelines for conducting fishing
operations in the EEZ. These guidelines are known as
“Guidelines for Fishing Operations in Indian Exclusive
Economic Zone, 2014” which presently are applicable to all
fishing vessels indulging in fishing methods specified under
Guideline No.1 thereof. Under Guideline No.5, there is a
specific bar on an operator of a fishing vessel to resort to any

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type of fishing other than the one permitted and there is a
specific ban on engaging in bull trawling contained therein.

43. The conclusions that can be drawn from the scheme of
the above enactments are that:

a) The primary responsibility of enforcing the ban on
LED fishing, bull trawling and pair trawling under
the Ban order 2017 and Ban order 2016 respectively
of the Union of India and of the Government of Goa
lies on the Coast Guard; Clause (e) of Sub-Section 2
of Sub-Section 14 mandates the Coast Guard to
enforce the provisions of these enactments in the
maritime zones, defined in Clause (m) of Section 2
of the Coast Guard Act, which would include the
territorial waters and the EEZ and any other
maritime zone of India. This would cover the entire
territorial waters within the sea from the coastline of
Goa, seawards, to a distance of 200 nautical miles.

b) The Goa Coastal Police, are required to enforce the
aforementioned ban and to enforce all other laws, in
the territorial waters off the coast of Goa extending
12 nautical miles into the sea and provide all

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assistance to the Coast Guard when called upon to
do so.

c) The DOF is required to enforce the aforementioned
ban, through its Authorized Officers, within the
Specified Area and in relation to all Fishing Vessels
registered with the DOF (as delegate of the DG
Shipping under MS Act). Under notification dated
07.07.1981, the Specified Area being the area of 5
kilometres from the coastline into the sea.

44. The affidavits which are placed on record reveal the
sorry state of affairs on the part of the Coastal Police and the
DOF, which have neither the necessary but adequate vessels
or manpower to enforce the aforementioned provisions of law.
The Goa Coastal Police at present has only one operational
interceptor boat which has to cover a coastline of 110
kilometres and a breadth of 12 nautical miles into the sea. The
affidavit also reveals that the 7 Goa Coastal Police Stations
are grossly understaffed and there is dire need, considering
the area within the maritime zone falling within their
jurisdiction, for augmenting the number of officers and
personnel to man these police stations. The affidavits have

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remained silent on the steps being taken by the State to plug
this gap.

This is essentially the function of the Executive, and it
is up to the Government of Goa to take a decision on its
requirement of manpower and the expenditure it requires to
incur for recruiting the same or procuring the necessary
infrastructure/vessels for enforcement. We would fail in our
duty in requiring the statutory duties under the enactments
referred to by us, to be enforced. The fact remains that there
is no enforcement machinery worth the name in place to carry
out the statutory duties cast upon the Goa Coastal Police of
enforcement of law within the territory assigned to them.

45. Similarly, and as concluded by us in the preceding
paragraphs, in terms of Section 14 of the Coast Guard Act, it
is the Coast Guard that is required to use all the resources
under its power to enforce the State and Central laws over the
Maritime Zones, which includes the area from the coast of
Goa, seawards, to a distance of 200 nautical miles. It is
therefore the primary duty of the Coast Guard to use such
measures, as it deems fit, to enforce the provisions of the
enactments as are in force in the Maritime Zones, in this case

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the Marine Act, Ban order 2016 of the State Government and
the Ban order 2017 of the Union.

46. The GSL report, which the DOF initially attempted to
suppress from this Court, reflects the fact that after several
fishing vessels were inspected at Cutbona, Malim and Vasco
jetties, of these, almost all were found with LED lighting
systems on board. Some of the inspection reports suggest that
the LED lighting systems were of high power and of fishing
purposes. These reports also refer to the LED lighting
containing multiple LED lamps, in some cases, with upto 8
LED lights. The report also discloses that all the inspected
vessels had a diesel generator (DG set) on board. It also
observed that DG power is needed only if there are heavy
duty galley equipment such as refrigerators, hot plates, ovens
and comfort appliances such as air conditioners, washing
machines and dryers on board the vessel. None of these
appliances were found on any of the inspected vessels,
leading us to the conclusion that the DG set on board was not
required for additional power for utility purposes.

47. Further, the GSL report opines that the conventional
fishing boats can be operated without a DG set and that in the
case of the inspected boats, practically all boats had no

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refrigerated hold, where the fish catch is stored. Apart from
this, we also note that most of the vessels did not have a
magnetic compass, distress alert transmitter or radio
communication equipment on board. The reports also suggest
that on the average, most vessels had 40 crew members and
on none of the vessels was crew accommodation provided for.

48. Though the DOF and the sole affidavit of the Mandovi
Fish Cooperative, representing the stakeholders attempted to
suggest that no LED fishing is being indulged in by vessels
setting sail from the coast of Goa, we find that the report of
the GSL Limited states otherwise. The DOF has also
attempted to justify the requirement of a DG set on board
every fishing vessel, stating that this requirement was to
power communication equipment and to provide for a backup
power supply in case the main engine of the vessel fails. This
however is also clearly untrue, as opined by the GSL report,
that there is no requirement for any of the vessels in this class
to have an alternate source of power, since there was no galley
equipment or refrigerating equipment or other comfort
appliances on any of these vessels, which may require an
additional source of power. The report therefore establishes
the direct correlation between LED fishing and the use of the

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DG sets on board these vessels to power the LED lights,
which are used in a banned method of fishing.

The Auxiliary Engine, is a standard device on all vessels,
attached to the main engine which usually runs an alternator,
which generates power and provides power supply to the
vessel. The batteries, which are the additional, and backup
power supply are also charged by this device. The GSL report
states that all the vessels inspected had backup/emergency
source of electric power in the form of batteries, suggesting
that there was enough of backup power supply, in case of
emergency, to power the radio communication device (VHF
Radio) and the distress signal equipment on board. This again
points to the fact that the only use that the fishing vessels
assigned to the DG set on board, is to power the LED lights,
which are either submerged or on the surface, and used to
attract shoals of fish, a method of fishing which has been
banned by the Ban order 2016 and Ban order 2017.

49. Since, there is no legislation which prohibits the use of
DG sets on board fishing vessels nor do these legislations
mandate the presence of a DG set for any particular use, we
stop short of issuing any directions to prohibit the use of DG
sets on board these fishing vessels, even though we have

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concluded the direct correlation of the DG sets to their use in
the banned form of LED fishing.

50. We also note that the affidavits of the DOF are silent on
the type of nets which are used on these vessels and the
measures adopted by its officers to ensure that particular
kinds of nets, used specifically for bull trawling and pair
trawling are not found on board any fishing vessels, when
they set sail. There is no material placed by the DOF through
affidavit or otherwise suggesting the measures that have been
taken to enforce the ban on bull trawling and pair trawling.

51. For the aforementioned reasons, we make rule absolute
in terms of prayer clauses (A), (iv), (v) and (vi) in PIL Writ
Petition No.32/2022 and in terms of clauses (A) to (CC) in
Writ Petition No.403/2022. In addition to the general
directions contained in the above referred prayer clauses of
the writ petitions, we also issue certain specific directions
which are contained in the subsequent paragraph.

52. For all the reasons referred above, we issue the
following directions:

a) The Director of Fisheries, and more particularly the
Authorized Officer under the Marine Act shall take

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all necessary steps and measures, to ensure the ban
on LED fishing, bull trawling and pair trawling under
the Marine Act and the order of the Government of
India dated 10.11.2017 (Ban order 2017) is enforced
in letter and spirit; these authorities shall use all
measures available under the Marine Act to enforce
the ban. Where necessary, these authorities shall
coordinate with and take assistance from the Goa
Coastal Police Force and the Coast Guard to enforce
the ban.

b) The Director of Fisheries and the Goa Coastal Police
shall, on regular basis, carry out inspections of
fishing vessels arriving at or departing from all six
fishing jetties of the DOF in North and South Goa
Districts and at any private jetties from where such
vessels set sail or dock; these inspections shall be
carried out, in particular to ascertain the equipment
carried by these vessels which may be used for
undertaking the banned operations under the Marine
Act and Ban order 2017. The Director of Fisheries
with the assistance of Goa Coastal Police, on
inspection of these vessels, shall maintain a record of
inspection and specify therein the details of the

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WP 403.2022 WITH PILWP 32.2022

permits to operate these vessels and the compliance
of all other statutory requirements under the MS Act
and Inland Vessels Act, as the case may be. Where
such vessels are not in compliance with the
requirements of these statutes/rules/regulations, their
registrations under the Merchant Shipping
Act/Inland Vessels Act shall be immediately
suspended/revoked, along with any permits/fishing
pass that may have been issued to such vessels for
conducting fishing operations or to set sail.

c) The Directorate of Fisheries and the Goa Coastal
Police are directed to maintain a dedicated mobile
number and an email id for receiving complaints
from the public; large publicity shall be given to and
the dedicated phone number and email id shall be
made known to the public through all forms of media.

The phone number/helpline shall be made available
24 hours of the day with a responsible officer
monitoring the same, to ensure prompt action in the
event of a complaint being received with regard to
illegal fishing in any banned operations under the Act
or Ban order 2017. Every complaint shall be entered
into a register which shall be maintained in a soft

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copy form, and action taken by the concerned
Authorized Officer on such complaint shall be
entered into this register from time to time.

d) From the admitted position placed on reports and
affidavits by the Home Department of the
Government of Goa, it is evident that most of the
speed boats or marine craft with the Coastal Police
are not in working condition or cannot be deployed
for enforcement operations. Respondent no. 2 in their
affidavit state that they have sent a proposal to the
Central Government under Pradhan Mantri Matsya
Sampada Yojana to sanction the purchase of 05 patrol
vessels for the fisheries department and 07 patrol
vessels for the coastal police to conduct patrolling in
the territorial waters of Goa. Of the 9 interceptor
boats allotted to the State of Goa by Ministry of
Home Affairs, none of these are operational and have
now been condemned. The Home Department,
Government of Goa is on record that by letters of
08.03.2024 and 14.04.2024 addressed to the Home
Department, Government of Goa has moved the
proposal for procurement of three additional
interceptor boats besides one other boat in its

Page 60 of 63
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possession. Considering that the Coastal Police has
practically no operational interceptor boats, and rely
on small craft which are unable to patrol the 100
nautical mile coastline of Goa, immediate steps shall
be taken by the Goa Coastal Police and by the
Government of Goa (Home Department), to ensure
adequate numbers of interceptor boats are procured
in the shortest possible time to plug this gap in
enforcement of the Ban order 2017 and the
provisions of the Marine Act. A report of the steps
taken by these departments and the timelines within
which the procurement process would be completed
shall be placed before this Court on 09.06.2025.

e) Respondent No. 2 has proposed an enforcement wing
of 58 staff, for patrolling the territorial waters and
keep in check any illegal fishing activities, including
LED fishing being undertaken in the Goan Territorial
Waters. Such enforcement wing will have to work in
coordination with the police department (Coastal
Police). That the proposal has been administratively
approved by the Minister for Fisheries. The
Respondent No.2 to ensure that all measures are
taken to recruit and train the personnel for the

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proposed enforcement wing and to operationalise the
same at the earliest.

f) The Director General of Coast Guard shall ensure
regular patrolling of the sea, including by aerial
reconnaissance, over the Maritime Zones off the
coast of Goa, to ensure that no fishing vessel indulges
in LED fishing or bull trawling and pair trawling
within these Maritime Zones. All such measures, as
it thinks fit, shall be used by the Director General,
Coast Guard to enforce the ban on LED fishing and
bull trawling and pair trawling under the Ban order
2016 and Ban order 2017. The Coastal Police and
DOF shall ensure that full assistance is given to the
Coast Guard to enforce this ban; the Coastal Police
and DOF to ensure establishing a communication
protocol with the Coast Guard for sharing of
information with regard to the location of all fishing
vessels setting sail from the jetties along the Coast of
Goa, by sharing real time information through the
Vessel Tracking System (VTS).

g) Considering that there would be requirement of
further monitoring of the steps taken pursuant to
implement the orders of this Court, and to ensure that
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WP 403.2022 WITH PILWP 32.2022

the ban on LED fishing/bull trawling/pair trawling is
complete, we deem it fit to direct the Directorate of
Fisheries, the Director General, Coast Guard through
its District Commander and Superintendent of Police
(Coastal Security) to file periodic reports every three
months, before this Court, the first
Compliance/Action Taken Report, which shall be on
02.09.2025.

53. Rule in the above petitions is made absolute in the above
terms.

54. All pending MCAs. stand disposed of.

                                     VALMIKI MENEZES, J.                       M. S. KARNIK, J.




Signed by: JOSE FRANCISCO                                     Page 63 of 63
DSOUZA                                                         8th May, 2025
Designation: Personal Assistant
Date: 08/05/2025 14:53:54

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Bombay High Court

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Author: M. S. Karnik

Bench: M. S. Karnik

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