Guidelines for offshore vessel deployment in Indian waters

The Directorate General of Shipping, India issued shipping circular No. 21 of 2024 outlining guidelines for the deployment of chase and support vessels in Indian waters, including the Exclusive Economic Zone (EEZ).

1. Background:

The circular is issued under the authority of Section 435B of the Merchant Shipping Act, 1958 (as amended). This section mandates that Indian fishing boats are exclusively allowed to engage in sea fishing for profit. Given the increasing concerns regarding the safety and security of navigation, the environment, and human life, it has become essential to regulate the use of boats, crafts, and vessels involved in offshore projects. These projects include, but are not limited to, seismic surveys, and the installation and maintenance of upstream/midstream facilities. The objective is to ensure that all vessels comply with the Merchant Shipping (MS) Act to safeguard these critical areas.

2. Decision Summary:

Following deliberations in a meeting on December 13, 2017, which included representatives from the Indian National Shipowners' Association (INSA), Oil and Natural Gas Corporation (ONGC), the Federation of All India Sailing Vessels Industry Associations (FAISVIA), Indian Coastal Conference-Shipping Association (ICCSA), and other stakeholders, it was decided that:

Only vessels classified under the MS Class and Indian mechanized sailing vessels recognized by FAISVIA are permitted to be engaged in such offshore works.

3. Immediate Advisory Notice:

All Indian and foreign entities, including project holders, their subsidiaries, agents, or subcontractors, must adhere to the following guidelines while conducting survey projects such as installation and maintenance, exploration and production, transportation, and storage within India's territorial waters, contiguous zones, continental shelves, exclusive economic zones (EEZ), and other maritime zones:

They are prohibited from directly or indirectly engaging any boats, crafts, or vessels that do not comply with the requirements of the MS Act, 1958.
If a mechanized sailing vessel is used as a chase boat, the entity must obtain a No Objection Certificate (NOC) from FAISVIA.

4. Prohibition on Use of Fishing Boats:

Regardless of any other provisions in the circular, no Indian or foreign project holder is allowed to directly or indirectly use fishing boats or vessels in seismic survey-related projects.

5. Enforcement and Compliance:

To ensure adherence to these guidelines:

Any reported violations by the Indian Coast Guard (ICG), Indian Navy, Marine Police, ONGC, or any other government agency will lead to the immediate detention of the offending vessel. The vessel’s license may be provisionally canceled, pending inquiry and legal proceedings.
Foreign-flagged research vessels found in violation will not be permitted to operate in Indian waters until the completion of any ongoing legal processes.

6. Compliance Undertaking:

All companies involved in offshore projects must submit an undertaking to comply with these guidelines when applying for a Specific Purpose License under Sections 406 and 407 of the MS Act.