National Green Tribunal
News Item Titled "Pollution Control ... vs . Ankita Singhna And Other Reported In on 16 July, 2025
Item No. 16 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original ApplicationNo.1063/2024
News Item titled "Pollution control board reels in ghost nets" appearing in
the Times of India dated 04.08.2024
Date of hearing: 16.07.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent: Mr. Gigi. C. George & Mr. Sunil Kumar, Advs. for the Department of
Fisheries (GoI), Andaman & Nicobar Islands & Lakshadweep Islands
Mr. Vikrant N. Goyal & Mr. Sumit Goswami, Advs. for CPCB
Mr. Soumyajit Pani, Adv. for the State of Odisha (Through VC)
Mr. Dhruv Tank, Adv. for the State of Goa (Through VC)
Ms. Ritu Guru, Adv. for R - 3 & 4 (Through VC)
ORDER
1. This Original Application was registered suo-motu on the basis of the news item titled "Pollution control board reels in ghost nets"
appearing in the Times of India dated 04.08.2024.
2. The matter concerns the collection and recycling of fishnets, which would otherwise become ghost nets. According to the article, these ghost nets are torn and discarded fishnets that drift underwater, strangle and kill fish, coral reefs, turtles, and other organisms, and then become marine debris.
3. The article explains that the HDPE (high-density polyethylene) or nylon fishnets wear out every six months to a year. If torn, the torn bit goes underwater, strangling fish such as anchovies and prawns. This affects fish reproduction and the business of fishermen. Furthermore, marine mammals such as turtles and whales that come up to breathe 1 can get caught in ghost nets. These nets also lead to algal growth if they strangle coral reefs. It also alleges that the bundled-up, torn nets also cause sanitation and health issues, particularly during the monsoon.
4. The Tribunal, considering that the news item raises substantial issues relating to compliance with environmental norms, took up the matter in suo moto exercise of power. Such a power of the Tribunal is recognised by the Hon'ble Supreme Court in the matter of Municipal Corporation of Greater Mumbai Vs. Ankita Singhna and other reported in SCC Online SC 897.
5. The Tribunal had impleaded the Respondents CPCB, TNPCB, Department of Fisheries,Govt. of India, Department of Fisheries from the States of Gujarat, Maharashtra, Goa, Karnataka, Kerala, Andhra Pradesh, Odisha, Tamil Nadu, West Bengal, Puducherry, Lakshadweep, Andaman & Nicobar. Response was sought from the impleaded parties.
6. Response was filed by Ministry of Fisheries, Government of India, CPCB, Directorate of Fisheries, Andaman and Nicobar, Department of Fisheries, Odisha.
7. During the hearing, the Counsel for the Ministry of Fisheries, Government of India, indicated that the National Policy on Marine Fisheries 2017 and the National Action Plan on Marine Plastic Litter from sea-based sources have been formulated. The National Action Plan also addresses lost fishing gear in the sea. The Ministry of Fisheries highlighted the implementation of FAO Voluntary Guidelines on marking of fishing gear, domestic implementation of legislation/regulation and related initiatives. It was also mentioned that gaps in the implementation and baseline information were under preparation. 2
8. CPCB, in their response have provided the fish net waste data as provided by the SPCBs in five States and Union Territories, as follows:
"(ii) Fishing Net Waste: Based on the information received from respective SPCBs/PCCs, details of fishing net waste generated in five States /UTs is provided in Table 2.
Table 2: Details of Fishing Net Waste Generation State Quantity of Fishing Net Waste (tonnes per annum) Puducherry 0.075 Goa 1.5 Odisha 17.51 Gujarat 800 - 1,000 Karnataka 1,342 Total ~ 8400 "
9. The Fisheries Department of Andaman & Nicobar, in their affidavit, has indicated the collection of ghost nets from Jungli Ghat Fish Landing Centre. Fishing communities were involved in removing such abandoned nets, which negatively affect the marine ecosystem and biodiversity. The baseline survey at Jungli Ghat landing centre showed the presence of discarded tea cups, grocery item wrappers, fish packaging material, cold drink bottles, lids, used ropes, fragmented thermacol, and abandoned fishing nets.
10. The Department of Fisheries, State of Odisha have indicated that the State is in the process of amending the Odisha Marine Fisheries Regulation Act, 1982, to impose penalty on violators who are discarding abandoned/lost or discarded fishing nets (ALDFGs). Further, the Odisha Marine Fishing Regulation (OMFR Act and Rules) regulates the maximum life span of fishing nets, after which they are mandated to send the discarded fishing nets to recycling units. The primary Fisherman Cooperative Societies are encouraged to establish recycling units with the assistance of CPCB. It is also being suggested that Indian Council of 3 Agriculture Institutes, need to find out the alternative, natural, friendly fishing nets for states to use safely to manage marine plastic waste.
11. The Ministry of Fisheries, Government of India in their response dated 15th June, 2025, have indicated the various steps to manage the abandoned, lost or discarded fishing gear (ANDFG) including implementation of FAO voluntary guidelines on marking of fishing gear (VGMFG) A Technical Committee has been constituted on 18.12.2024 to develop guidelines on marking and registration of fishing gear. The department is exploring space technology through ISRO, to be implemented through New Space India Ltd (NSIL) for tracking Indian Fishing Vessels. The proposed module would enable real-time reporting of lost fishing gear by fishermen at sea. Two innovative projects with a cost of Rs. 67.10 lakh have been sanctioned in March 2025 to ICAR/Central Institute of Fisheries Technology (CIFT), Kochi and Central Institute of Fisheries Education with a focus on upcycling ALDFG and fibre reinforced plastic debris into textile and geotextile material.
12. Another project has been initiated by the Ministry of Fisheries, titled "Technology-driven Solutions for Combatting Ghost Gear: Tackling Abandoned, Lost, and Discarded Fishing Gear along the Maharashtra Coast", that is being executed by the ICAR-CIFE, Mumbai. The project involves a survey of 300 fishers across the Maharashtra coast and aims to: (i) conduct a detailed assessment of ghost gear distribution, identify hotspot areas, and evaluate its environmental impacts. (ii) Implement strategies for the removal and recycling of ghost gear through collaboration with local fishermen, divers, and other stakeholders.
13. It is also mentioned that the Department of Fisheries, Ministry of Fisheries, Animal Husbandry & Dairying, Govt. of India is allocated with 4 the matters regarding 'Promotion and development of fishing and fisheries (inland, marine and beyond territorial waters) and its associated activities', under the Government of India (Allocation of Business)Rules, 1961. The Department of Fisheries, Govt. of India, is responsible for matters relating to the formulation of policies and schemes pertaining to the development of Inland, Marine and Coastal Fisheries and Fishery Institutes, including its four subordinate institutions and one autonomous body, and one regulatory authority. The subject of "Fisheries" falls under Entry 21 of the State List of the Seventh Schedule to the Constitution of India. The Department of Fisheries, Government of India, plays an advisory and coordinating role with the Departments of Fisheries of the states and UTs, including the nine coastal States, namely West Bengal, Odisha, Andhra Pradesh, Tamil Nadu, Kerala, Karnataka, Goa, Maharashtra, and Gujarat, and four Union Territories, namely Dadra and Nagar Haveli and Daman and Diu, Andaman and Nicobar Islands, Lakshadweep, and Puducherry, in the formulation and implementation of policies and programmes in the fisheries sector.
14. Considering the above status as reflected in the reports of the respondents, we are of the view that for the effective remediation of the issue, certain further action is required by the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India. Hence Ministry of Fisheries is hereby directed:
i. To issue instructions to all Coastal State/Union Territory Governments to undertake the removal of the ghost nets, plastics, thermacol and other waste materials within the coastal waters/estuaries falling in their jurisdiction. ii. The above instructions shall include appropriate timelines, the responsible Department/s in State/UT who will be entrusted 5 to process/recycling/reuse such retrieved ghost net, plastic and other waste.
iii. Advise the State/UT on the lines of the Odisha Marine Fishing Regulation Act, 1981, to formulate rules/guidelines to regulate the maximum life span of fishing nets, after which there should be a mandatory provision for discarding the fishing net to recycling units.
iv. Issue instructions to Fishery Cooperative Societies and Sagarmitras in the Coastal States/UTs to undertake periodic removal of ghost nets and other plastic debris, including thermocol.
v. The Wildlife Department of coastal states and UTs shall coordinate with the State/UT Fisheries Department to ensure that the migratory path of endangered animals, such as turtles, whales, dolphins, including in coral reef areas, marine sensitive area are clear of ghost nets and other discarded plastic debris that may cause obstacle to their movements and endanger them.
15. The Department of Fisheries, Government of India, shall file an action taken report indicating the actions taken by the concerned Coastal States/UTs on completion of six months. The action taken report will be submitted to the Registrar General of the Tribunal via email at judicial- [email protected], preferably in the form of a searchable PDF/OCR-supported PDF and not in the form of an Image PDF, immediately on completion of six months. If found necessary, the matter will be listed for consideration before the bench again.
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16. With the above direction, O.A. is accordingly disposed of.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM July 16, 2025..
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