Document Fragment View

Matching Fragments

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 8th May, 2025 WP 403.2022 WITH PILWP 32.2022 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.
Page 27 of 63

8th May, 2025 WP 403.2022 WITH PILWP 32.2022

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.

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 8th May, 2025 WP 403.2022 WITH PILWP 32.2022 DG sets on board these vessels to power the LED lights, which are used in a banned method of fishing.