Team Goemkarponn
PORVORIM: In a landmark judgment aimed at protecting marine ecology and traditional fishing livelihoods, the Bombay High Court at Goa has handed over the responsibility of enforcing the LED fishing ban to the Indian Coast Guard, citing failure of the state’s Fisheries Department in curbing violations.
A division bench comprising Justice M.S. Karnik and Justice Valmiki Menezesissued a detailed order in a batch of petitions related to illegal LED fishing in Goa’s waters.
The judgment, authored by Justice Menezes, mandates quarterly compliance reports, with the first due on September 2, 2025.
The Court observed that although ban orders on LED fishing and bull trawling had been issued by the state and central governments in 2016 and 2017, illegal practices continued unchecked, impacting fish biodiversity and harming the livelihoods of traditional fishermen and smaller mechanized boat operators.
A key concern raised was the unauthorized use of diesel gensets on board fishing vessels—used to power high-wattage LED lamps. While the Fisheries Department defended the use of gensets for general operations, the Court relied on a study by Goa Shipyard Ltd (GSL) which confirmed that such gensets were not essential for fishing operations or navigation. GSL inspections also revealed evidence of LED equipment on several vessels.
Though the Court acknowledged it lacked legal provisions to ban gensets outright, it established strict conditions for vessel registration and empowered authorities to suspend licenses of non-compliant boats.
Due to “inadequate and unwilling” enforcement by the Fisheries Department, the Court vested implementation responsibilities with the Director General of the Coast Guard directing regular sea and aerial patrols to monitor illegal fishing up to 200 nautical miles from Goa’s coast.
Further directions include:Coastal Police and the Department of Fisheries (DoF) to assist the Coast Guard and share real-time Vessel Tracking System (VTS) data.
Routine inspections of vessels at all six government jetties and private docks to check for banned equipment.
Suspension or revocation of registrations and permits under the Merchant Shipping Act or Inland Vessels Act for violations.
The Court emphasized the use of all statutory powers available under the Marine Act and the 2017 Ban Order to ensure full compliance.
The matter remains under judicial supervision, with compliance reports due every three months.
