The Protection

and Conservation
of Fish act-1950
JAHANARA AKHTER LIPI
LECTURER
DEPARTMENT OF
FIMS,NSTU
 Generally ,it is called Fish Conservation Act
1950.
 It has been amended time to time:
 The protection and conservation of fish
(Amendment) ordinance- 1982

 The protection and conservation of fish rules,

1985

 The protection and conservation of fish rules,

1988
The protection and conservation of
fish (Amendment) 1995
 Main features are as follows-
1. Fishing in rivers, canals, beels etc. by permanent
system ( fixed engine) is prohibited. This can be
seized, removed, removed and forfeited.
2. No dam/ structure would be allowed except irrigation,
flood control or drainage.
3. No fishing from inland/coastal water by explosive,
gun/bow-arrow would be allowed.
4. No fishing in inland water by poisoning, pollution and
commercial effluent is allowed.
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5. Except culture purposes, no fishing of shol, gajar, taki
fry and brood is allowed between 1st April to 31st August
of major carps.
6. Fishing of major carps is prohibited in 27 important
rivers/ canals of the country except holding license from
DFO.
7. Fishing is prohibited by fishermen/people:
a) Time between July to December, below 23 cm size of
catla, rui, mrigal, kalibaush and ghania.
b) Time between November to April, less than 23 cm size
of hilsa (jatka) and pangas.
c) Time between February to June less than 30 cm
shilong, shol, ayre ( no catching, transporting, or in even
at self-coustady)
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8. Catching of fish and shrimp fry in coastal zone is
prohibited.
9. Forfeited fishes can be auctioned.
10. Less than 4-5 cm mesh size gill net (current jal) is
prohibited for large fishes.
11. Catching , carrying of frog is prohibited.
12. a) Penalty for low violation (1st time) is Jail 1 month to 6
months rigorous imprisonment plus penalty up to TK.
1,000/-
b) Law- violation (second time): Jail-2 months to 1
year rigorous imprisonment. Penalty up to TK. 2,000/-
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13. The peoples who violate these law can be
arrested without warrant.
14. Violation of fishing law is cognizable offence
if reported by the Fishery Officer or Police
Officer (not below SI rank)
The Marine Fisheries
Ordinance,1983
And
The marine fisheries rules ( after
amendment), 1997
 An Ordinance to make provisions for the
management, conservation and development of
marine fisheries of Bangladesh.
 Provisions regarding non mechanised local
fishing vessels and local fishing vessels with
limited horsepower
 Declare zone in which only non mechanised local
fishing vessels or mechanised local fishing may
engage in fishing operation or in which fishing
operations by other fishing vessels may be restricted.
 The Marine Fisheries Ordinance, 1983; and
the Marine Fisheries Rules (After
Amendment),1997. The four important fishery
regulations for the Bay of Bengal are-

1. The mesh size of gill nets must be-

 at cod end of shrimp trawl net would be at least 45 mm
 at cod end of fish trawl net would be at least 60 mm
 largemeshed gill net ( surface gill net ) would be at least
200 mm
 small meshed gill net ( surface gill net ) would be at
least 100 mm
 cod end behundi net would be at least 30 mm
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2. Fishing area ( depth) :
 Fishing up to 40 m depth by using behundi jal, hooks
(line fishing), small mesh and large meshed gill net at
high tide.
 Fishing depth for shrimp and fish is fixed beyond 40m at
high tide for trawler

3. Prohibited
 Less than recommended mesh size net
 Use of explosive, poison and asphyxiating agent
 Electro-fishing in any case.
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4. Mandatory landing and sailing
 30% fin fish (white fish ) is mandatory to be landed
from a shrimp trawler.
 Authorized officer must be present during fish landing
and transshipment.
 Sailingpermission for freezer trawler is 30 days
whereas;it is 15 days for non-freezer trawler.
 Others-
 Annual license fee of Tk. 200/- to TK. 18,000/- for
different fishing crafts are essential for a period between
January to December
 Each of the license holders must report of their catch
and sale data.
 Foreigners except emergency or in case of danger allow
no entry in Bangladesh water.
 Bangladesh government will forfeit foreign fishing
crafts.
 Authorized officer can stop fishing craft, examine, enter
inside and even forfeit foreign fishing crafts.
 Power to make rules
Make rules for carrying out the purposes of this Ordinance.
,

In particular, and without limiting the generality of the foregoing power,

rules may be made with respect to all or any of the following matters,
namely:-
(A) the licensing, regulation and management of any particular marine
fishery;
(b) the determination of the carrying capacity of vessels;
(c) the type and size of air-conditioning appliances to be fitted in vessels;
(d) establishing the closed seasons for all areas or species of fish or for
designated areas or species
(e) the limitations on the amount, size and weight of fish caught and
retained or traded;
(f) determining the minimum mesh sizes;
(g) determining the prohibited fishing areas for all fish or for certain
species of fish, or for certain methods of fishing;
(h) determining certain prohibited methods of fishing;
(j) regulating or prohibiting the creation, maintenance,
working, repair and lighting of fishing stakes in the
Bangladesh fisheries waters;
(k) organising and regulating sport fishing in the Bangladesh
fisheries waters;
(l) the conditions to be observed by the fishing vessels while
within the Bangladesh fisheries waters and to regulate the
conduct of fishing operations generally;
(m) providing for the execution of bonds and other forms of
security for the fulfilment of any obligations attaching to a
licence;
(n) providing for points of entry, exit and transit through the
Bangladesh fisheries waters by any fishing vessel licensed to
fish by virtue of the provisions of this Ordinance;
The Marine
Fisheries Act
2020
 Bangladesh has a legal framework for the regulation
of marine living resources. The regime includes laws,
policies, bylaws, and statutory orders issued from time
to time by the Department of Fisheries (DoF), a
division of the Ministry of Fisheries and Livestock
(MoFL).
 The Marine Fisheries Act 2020 (2020 Act) is the
principal legislation.
 The Act replaced the Marine Fisheries Ordinance
1983 with a view to upgrading the regulation of
fisheries resources in Bangladesh’s marine waters.
 Prior to the enactment of the 2020 Act, the marine
fisheries sector was regulated by the Marine Fisheries
Ordinance 1983.
Background of Marine Fisheries Act 2020

 Passed by Parliament on 16 November 2020 and

received the Presidential approval on 26 November
2020.
 As such, the government was under an obligation of
replace those laws with constitutionally valid laws
enacted by Parliament.
 In addition, the government considered the 1983
Ordinance to be outdated, so a new law was required
to regulate contemporary fisheries activities.
 It provides substantive rules concerning fishing
activities carried out by local and foreign fishing
vessels within Bangladesh’s maritime area.
 The 2020 Act deals mainly with the issue, renewal,
revocation, and cancellation of licences and permits,
and the conditions thereof, for the catching of fish in
Bangladesh’s marine waters and by Bangladesh
vessels on the high seas.
 Other major provisions of the 2020 Act relate to the
adoption and implementation of the management
measures, designation of offences and penalties,
appeals, and additional administrative procedures in
relation to the breach of any fishing rules.
Provisions of Marine Fisheries Act 2020

 The 2020 Act introduces a few novel provisions.

 . First, unlike the 1983 Ordinance,
 It distinguishes between artisanal and industrial fishing.

 Provides for a separate ‘permits’ regime vis-à-vis the ‘licence’

regime for artisanal fishers who operate fishing vessels with a
capacity of 15 tonnes or less.

 It is noted that Bangladesh’s marine fisheries laws do not cover

recreational fishing because it is still relatively uncommon
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 Second, a new provision on illegal, unreported, and
unregulated (IUU) fishing, which states that

 The government reserves the right to issue any

necessary orders to prevent IUU fishing within
Bangladesh’s marine waters’.
 In so doing, the Director General of the Fisheries
Department may take necessary actions to conduct
stock assessments (either overall or for specific
species), adopt conservation measures, and determine
allowable catches in Bangladesh’s maritime area.
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 Third, the declaration relating to the establishment of
mariculture zones within the marine area of Bangladesh to
expand the growth of blue economy is another innovation
of the Marine Fisheries Act 2020.
 However, mariculture activities without a proper environmental
impact assessment may have a significant adverse impact on the
marine environment.
 Gives wide power to the authorities to declare mariculture zones
without introducing any provisions for the protection of the marine
environment and consultation with the local communities who may
be affected by the mariculture activities.
Shortcomings of the Marine Fisheries Act 2020

 There are several major shortcomings in the Marine

Fisheries Act 2020 in relation to giving effect to
Bangladesh’s international obligations.
 First and foremost, the law does not incorporate, either
explicitly or implicitly, the precautionary principle. The
precautionary principle has been widely accepted as an
essential component of fisheries management.
 It can be noted that in a recent case related to river
pollution and encroachment, the High Court Division of
the Supreme Court of Bangladesh declared the
precautionary principle to be part of the laws of
Bangladesh.
 Second, the 2020 Act does not provide for
EBFM. Since fish stocks are interdependent
and there is a close relationship between fish
stocks and the ecosystems.
 The LOSC, the UN Fish Stocks Agreement,and the
FAO Code require that coastal States incorporate
interspecies relationships and ecosystem
considerations into the management of fisheries
resources.

 Despite this, the 2020 Act and other relevant laws

do not include such requirements.
 Third, coastal States are under an obligation to
determine the TAC of the living resources in their
EEZs.
In determining the TAC, States shall take into consideration several factors,
including –
 the best scientific evidence available,
 the maintenance of stocks at their MSY level, and
 the effects of fishing on species associated with or dependent upon harvested
species.
While the 2020 Act provides for the determination of allowable
catches and maintenance of fish species at the MSY level, it does
so cursorily and without delineating necessary factors that need to
be considered in this regard.
Also, the law deals with the determination of allowable catches as
a means to combat IUU fishing, not as an independent fisheries
management measure in its own right.
 Fourth, the LOSC obliges States to exchange
available scientific information, catch and fishing effort
statistics, and other data relevant to the conservation
of fish stocks with other concerned States

 Since most of the marine species found in

Bangladesh’s EEZ are transboundary, developing
compatible management measures with neighbouring
States is of immense importance. The law is, however,
silent on the management of transboundary fish
stocks.
 In addition to the above, the 2020 Act has some administrative
shortcomings.

 For example, the 2020 Act has given numerous

responsibilities and excessive power to the Director of
the Marine Fisheries Division without establishing a
system of checks and balances. This may lead to either
inadequate performance or abuse of power since
accountability and transparency mechanisms do not
function properly in Bangladesh.
 Although the Director can delegate responsibilities to
other officers, the chances of abuse of authority
remains. Also, the Marine Fisheries Office may find it
difficult to perform its functions because the office
claims to have been under-resourced and short-staffed.
Overlapping Provisions of Various Laws
 The 2020 Act defines fish as all species of living and
processed marine resources including their young, fry,
egg, and spawn. This effectively includes every
possible type of marine fauna, and so may result in
conflicts with measures adopted under the Wildlife
(Conservation and Security) Act 2012 (Wildlife Act).
 The Wildlife Act defines ‘wild animals’ as ‘different
types and species of animals or different stages of
their life cycle, the source of which is considered as
wild’.
 The same species could be treated as wildlife under
the Wildlife Act and as fish under the Marine Fisheries
Act.
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 The Marine Fisheries Act 2020 changed the name of
‘marine reserve’ to ‘marine protected area’ using the
same term as found in the Wildlife Act 2012, but
without providing how the concept was to be
operationalised. The 2020 Act does not even define
the term ‘marine protected area’