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Showing contexts for: Global Positioning System in The Thoothukudi Mavatta Then Paguthi vs The Mechanised Boat Fishing on 13 February, 2003Matching Fragments
18. Coming to the relief prayed for in W.P.Nos. 40865 and 40866 of 2002, in the former case the Association seeks to quash Clause 2 of the Notification i.e., G.O.Ms.No. 166 dated 22-8-95 in so far as it restricts fishing by deep sea vessels within 25 fathoms along the Tamil Nadu coastal line. In the latter case, the Association seeks to quash Clause 4 (c) of G.O.Ms.No.1 dated 05-01-2000 deleting Rule 6 (vi) of the Tamil Nadu Marine Fishing Regulation Rules, 1983. Under Section 5 (1) (a) of the Tamil Nadu Act VIII of 1983, the State Government has power to regulate, restrict or prohibit the fishing in any specified area by such class or classes of fishing vessels. Under Section 5 (2) (a) the Government in order to protect the interests of traditional fishermen, and under Section 5(2)(b) to conserve and regulate fishing in a regular basis are entitled to issue Notification. It is also demonstrated before me that in order to maintain law and order by taking into consideration the rights of traditional fishermen to fish anywhere in the sea with their limited resources which they had been enjoying all along the Government after satisfying itself and relying on various materials and to avoid clashes, fatal accidents, etc., it has deleted Rule 6 (vi) by G.O.Ms.No.1 dated 5-1-2000, and also demarcated the area for the deep sea vessels to the depth of 25 fathoms by G.O.Ms.No. 166 dated 22-8-1995. I am satisfied that both the Government Orders are reasonable and the same were taken by the Government in public interest to protect the poor traditional fishermen and to conserve fish wealth and to maintain law and order which is within the parameters of section 5 (2) of the Act. Contrary argument made by the learned senior counsel for the petitioner Association is liable to be rejected. The same cannot be faulted or held to be unreasonable or ultravires with the Act or the Constitution as claimed. Further, under Section 3 (e) of the Act, several classes of vessels such as deep sea fishing vessels, mechanised fishing vessels, catamaran, country craft including vallom or canoe are defined. Under Section 3 (g), vessels fitted with mechanical means of propulsion are defined. Accordingly, any craft which is fitted with mechanical means of propulsion with the Horse Power below 15 HP and measuring in length less than 8 metres are defined as non-mechanised fishing vessels, even though the power is used for its propulsion. As rightly argued by the respondents, it is a consideration given to the traditional sectors to have low powered engines for reaching the fishing ground and return back to the shore soon. It is demonstrated by the learned Advocate General that while framing the Rules initially in 1983 under the Act, under Rule 6 (vi), the country crafts are allowed to operate within 3 nautical miles and shall go for hook and line, boat seine fishing. However, it is stated that when it was challenged in 1988, the Government after calling for opinion of the different fishermen Associations and after careful consideration, decided to delete the Rule 6 (vi), since the traditional rights enjoyed by the non-mechanised fishermen and to do fishing anywhere is undeniable. It is to be noted that the country crafts are using only passive gears i.e., gill nets and their operation is limited to the same day. All the mechanised fishing boats including the deep sea fishing vessels should operate beyond the 3 nautical miles. More over, the deep sea fishing vessels shall operate beyond 3 nautical miles and also at a depth of more than 25 fathoms. It is brought to my notice that 1 fathom = 6 feet; 100 fathoms = 1 cable; and 10 cable = 1 nautical miles approximately. It is pointed out by the learned Advocate General as well as Mr. Joseph Thatheus Jerome that had the members of the petitioner Association appointed the certified crew members, who are qualified to man the vessel, they will adhere to their stipulation by making regular soundings to watch the depth. As of now the members of the petitioner Association are not having any crew with the required knowledge in handling of the deep sea fishing vessels. In those circumstances, it is contended that the Fisheries Department insisted for the certified crews. It is the case of the respondents that any prudent seafarer will know the practice of soundings and read the nautical charts. There is no dispute that recent innovation of navigational instruments to be fitted in deep sea fishing vessels such as Global Positioning System ( GPS) will ascertain the actual position of the boats on the sea. In so far as the deletion of Rule 6 (vi) is concerned, inasmuch as the public policy is to encourage the traditional sector to take up motorisation of country crafts, the petitioner Association cannot claim the same as violation of Article 14 of the Constitution of India, since the two categories, namely, traditional craft fishermen and mechanised fishing boat fishermen are not belonging to the same classes of people.