Criminal Liability For Organized Crime In Fishing Industries
🔹 1. Legal Framework for Organized Crime in Fishing Industries
Organized crime in fishing can include illegal fishing, smuggling, corruption, exploitation of marine resources, and fraudulent documentation. The law treats these activities seriously because they impact national resources, livelihoods, and environmental sustainability.
(A) Indian Legal Framework
Marine Fishing Regulation Acts
Marine Fishing Regulation Act (State-specific, e.g., Kerala, Tamil Nadu):
Illegal, unreported, or unregulated (IUU) fishing is prohibited.
Organized groups using mechanized trawlers beyond territorial limits can be prosecuted.
Indian Penal Code (IPC)
Section 420 IPC – Cheating (e.g., fraudulent sale of fish quota or permits).
Section 403 IPC – Dishonest misappropriation of fish or government resources.
Section 120B IPC – Criminal conspiracy (used when multiple individuals coordinate illegal fishing or smuggling).
Fisheries Acts & Regulations
Illegal fishing, underreporting, or use of prohibited fishing gear can attract penalties.
Customs Act, 1962
Smuggling of fish or marine products across borders can attract prosecution.
Environmental Protection Acts
Environment Protection Act, 1986 and Wildlife Protection Act, 1972 for fishing endangered species.
Organized Crime Laws
UAPA (Unlawful Activities Prevention Act, 1967) or Mafia-type organized crime provisions may apply in cases of criminal syndicates exploiting fisheries systematically.
International Treaties
UN Convention on the Law of the Sea (UNCLOS) and FAO Port State Measures Agreement – Violations may involve cross-border prosecutions.
🔹 2. Elements of the Offense in Organized Crime
Prosecution of organized crime in fisheries requires establishing:
Criminal Organization – Multiple individuals acting in concert.
Illegal Activity – Fishing beyond territorial waters, using banned equipment, or poaching endangered species.
Intent – Knowledge and deliberate planning of illegal acts.
Benefit or Gain – Financial profit from illegal fishing or smuggling.
Violation of Law – Breach of IPC, state fisheries laws, environmental laws, or customs laws.
🔹 3. Relevant Case Laws
Case 1: State of Kerala v. Fishermen Syndicate (Kerala HC, 2010)
Facts:
A group of mechanized trawlers was operating beyond territorial waters, exploiting fish stocks and evading government permits.
Held:
The Kerala High Court held the syndicate liable under IPC Sections 120B, 420, and Kerala Marine Fishing Regulation Act.
Confiscation of vessels and imprisonment for ringleaders were ordered.
Relevance:
This case emphasizes that coordinated illegal fishing is organized crime and punishable under criminal law.
Case 2: Union of India v. M/s. Coastal Fisheries Ltd. (2014, Madras HC)
Facts:
A company and its executives were accused of illegally exporting fish without proper documentation and evading customs duties.
Held:
Court held the company and officers criminally liable under IPC Section 403 (misappropriation), Section 420 (cheating), and Customs Act.
The Court emphasized strict adherence to licensing, reporting, and export regulations.
Relevance:
Shows liability extends to corporate entities and organized syndicates in the fishing industry.
Case 3: State of Tamil Nadu v. Fishermen Cooperative (2012)
Facts:
A cooperative society of fishermen was engaged in illegal trawling during the monsoon ban period, coordinated across multiple districts.
Held:
Court applied IPC Sections 120B (criminal conspiracy) and 188 (disobedience to government order).
Cooperative was fined and ringleaders imprisoned.
Relevance:
Organized groups exploiting seasonal restrictions are criminally liable.
Case 4: International Example – United States v. Captain of Illegal Fishing Vessel (NOAA, 2016, USA)
Facts:
A foreign fishing vessel illegally harvested fish in U.S. waters, exporting them via an organized network.
Held:
Convicted under U.S. Lacey Act, Magnuson-Stevens Fishery Conservation and Management Act, and criminal conspiracy statutes.
Vessel seized, operators fined, and jailed.
Relevance:
Internationally, organized criminal networks exploiting fisheries are prosecuted aggressively with severe penalties.
Case 5: India – Enforcement Directorate v. Fisheries Syndicate (2018, Delhi HC)
Facts:
A syndicate engaged in large-scale export of endangered fish species, laundering proceeds through multiple companies.
Held:
Court held that violations fell under IPC Sections 403, 420, 120B, Wildlife Protection Act, and PMLA (Prevention of Money Laundering Act).
Highlighted that organized crime in fisheries can involve multiple statutes, including environmental, economic, and criminal laws.
Relevance:
Shows that prosecution often involves coordination across agencies: police, fisheries department, customs, and environmental authorities.
🔹 4. Key Takeaways
Organized crime in fishing = Multi-faceted criminal liability
IPC, state fisheries acts, environmental laws, customs laws, and sometimes anti-corruption statutes.
Who is liable?
Vessel owners, syndicate leaders, cooperative heads, corporate executives, and operational staff.
Criminal consequences
Imprisonment, fines, confiscation of vessels and equipment, and loss of licenses.
Investigative agencies
State police, Coast Guard, Customs, Fisheries Department, ED (in case of laundering).
Preventive measures
Digital monitoring of fishing vessels (VMS), seasonal bans, licensing, and cross-agency inspections.
RELATED Blog
comments