Laws and regulations
Laws and regulations
Laws and regulations
So, the law is the big goal, and regulations are the detailed rules to achieve
that goal in a specific area, like marine fisheries in Bangladesh.
Why are law and regulations important for marine fisheries
management?
2. Output controls:
These measures regulate the amount of fish that can be caught, such as through
catch quotas, size limits
1.Input controls
Vessel licensing: This requires fishing vessels to obtain a license from the
government. The license may specify the type and size of vessel, the gear that
can be used, and the areas where fishing is allowed.*
Gear restrictions: These regulations limit the type and amount of fishing gear
that can be used. For example, there may be restrictions on the mesh size of nets,
the length of hooks, and the number of lines that can be set.
Closed areas and seasons: These measures restrict fishing in certain areas or
during certain times of the year. For example, there may be closed areas around
spawning grounds or during migration periods.
Output controls
Catch quotas: These measures limit the total amount of fish that can be
caught from a particular stock. Quotas may be set for individual fishers,
vessels, or fleets.
Size limits: These regulations specify the minimum size of fish that can
be caught or kept. This is a way to protect juvenile fish and allow them
to reach maturity before being harvested
What are the stakeholders ?
Stakeholders in marine fisheries management are all individuals and groups with
an interest in the use, management, and conservation of marine fisheries
resources. This includes a wide range of group
1.Fishers and fishing communities
2.Fishing industry associations
3.Environmental organizations
4.Indigenous peoples
5.Coastal communities
6.Government agencies
7.Academic institutions
8.Recreational fishers
How can stakeholders contribute to marine fisheries
management?
The Marine Fisheries Act 2020 (2020 Act) is the principal legislation.
It provides
• The 2020 Act deals mainly with the issue, renewal, revocation, and
cancellation of licences and permits
• Control of illegal,
unreported and unregulated
fishing (IUU)
• Declaration of Mariculture
area
General provisions governing
licences
Prohibition on fishing
• The Act prohibits any person from carrying out fishing activities
without obtaining a licence or permission
• Any person who violates this provision is liable to imprisonment
for a term not exceeding 3 years or a fine not exceeding Taka 1
crore, or both.
Power to issue licence
• The Act empowers the Director of Fisheries to issue licences to fishing
vessels.
• However, in the case of commercial trawlers, the Director must obtain
prior approval from the government.
Issue of licence
• Section 9 also requires the Director to issue a licence to the applicant
within 30 days of receiving the application, provided that all of the
required documents are in order.
Revocation of licence
• Section 10 of the Act empowers the Director to revoke a fishing
licence if the holder of the licence violates any of the provisions of the
Act or the conditions of the licence
The licensing requirements under the Fisheries Act 2020
of Bangladesh are designed -
• To ensure the sustainable management of the
country's marine fisheries resources.
By requiring fishing vessels to obtain a licence and by
imposing conditions on fishing licences, the government
is able to
• Regulate the fishing industry and
• Protect fish stocks.
Fishing activities by foreign fishing vessels
Offences committed by foreign fishing vessels without a license. If any foreign
fishing vessel without a license-
Penalties
Penalties
Will be punished with imprisonment for a term not exceeding 3 (three) years
or with a fine not exceeding Taka 1 (one) crore
The Government, by notification in the official Gazette, may
prohibit any fishing method or equipment which may cause
Damage to the environment,
Natural balance and
Fisheries resources of the Bangladesh Marine Fisheries Waters.
Penalties for use of prohibited nets, tools or equipment.
If any person uses or has in his possession or has on board any vessel
within the Bangladesh Marine Fisheries Waters any fishing net or
fishing gear or fishing appliances not as prescribed, it shall be an
offence
Penalties
For such offence, he shall be punished with imprisonment for a term
not exceeding 2 (two) years or with fine not exceeding Taka 25
(twenty-five) lakh, but not less than one-third of the fine specified in
this section or with both.
Offences and Penalties
Penalties for obstruction to authorised officer
or designated officer
Offences:
If any person obstructs any authorized officer or designated
officer in the exercise of discharging duties, such act shall be
an offence.
Penalties:
For such offence, he shall be punished
with imprisonment for not exceeding 2 (two) years or
with fine not exceeding Taka 10 (ten) lakh, but not less than
one-third of the fine or
with both.
Penalties for damaging fishing vessels, etc
Offences:
If any person damages or destroys
any fishing vessels,
fishing stakes,
fishing gear or
fishing appliances, such act shall be an offence.
Penalties:
For such offence, he shall be punished
with imprisonment for not exceeding 2 (two) years or
with fine not exceeding Taka 25 (twenty-five) lakh, but not less
than one third of the fine or
with both.
Penalties for destruction of proofs
Offences:
If any person destroys or abandons
any fish,
fishing gear or
fishing appliances,
explosives,
poison or
other noxious substances or
any other thing with intent to avoid their seizure, such act shall be an offence
and,
Penalties:
For such offence, he shall be punished
with imprisonment for not exceeding 2 (two) years or
with fine not exceeding Taka 10 (ten) lakh, but not less than one-third of the fine or
with both.
Penalties for operating fishing vessels without marking
Offences:
If any person operates a fishing vessel in the Bangladesh
Marine Fisheries Waters which is not marked in the
prescribed manner, such act shall be an offence.
Penalties:
For such offence, he shall be punished
with imprisonment for not exceeding 2 (two) years or
with fine not exceeding Taka 10 (ten) lakh, but not less than
one-third of the fine or
with both.
Penalties for preserving, stocking or selling illegally
caught fish
Offences:
If any person
knowingly preserves, stocks or
sells illegally caught fish, such act shall be an offence.
Penalties:
For such offence he shall be punished
with imprisonment for not exceeding 2 (two) years or
with fine not exceeding Taka 10 (ten) lakh, but not less than
one-third of the fine or
with both.
Penalty for assisting offence
Offences:
If any person assists in the commission of
an offence, such act shall be an offence.
Penalties:
For such offence he shall be liable to
punishment
with equal to the penalty specified for that
offence.
Penalty for recurrence of offences
Offences:
If any person commits the same
offence mentioned in this Act for the
second time or recurrently.
Penalties:
For such offence he shall be
punished the twice the rate of
penalty as specified, respectively.
Declaration of Marine Protected Areas
The Government may, by notification in the official Gazette, declare following areas of
the Bangladesh Marine Fisheries Waters as fish sanctuaries or Marine Protected Areas,
namely-
(a) The aquatic flora and fauna of such areas are at risk of endangered phase or of
extinction
(b) Such areas where marine aquatic lives stock is in depleting phase.
The Government may take programmes, in fish sanctuaries or
marine protected areas to
• formulate plan,
• monitor,
• control and supervise,
for creating facilities of natural breeding space and safe as well as
conserved habitat, favorable conditions for natural regeneration and
promoting scientific study and research work on aquatic fauna and
flora.
Fishing, dredging, etc. are prohibited in
Marine Protected
Areas
• Will be punished with imprisonment for a term not exceeding 2 (two)
years or with fine not exceeding
• Taka 25 (twenty-five) lakh, but not less than one third of the fine
specified in this section or with both.
Permission to scientific research
(1) The Government may, in writing and on such terms and conditions as
may be prescribed, give permission for scientific research in Bangladesh
Marine Fisheries
(2) The research vessel, person or organization shall submit the results of
the research to the Government and may disclose and use only such
information which the Government permits.
Authorized officer, stopping of vessels, search, seizure,
forfeiture, etc.
Authorized officer
• The officers of the Department of Fisheries
• Not below the rank of Inspector,
• Members of the Bangladesh Navy and
Bangladesh Coast Guard,
• Any officer of customs
• Any other officer appointed by the Government as
authorized officer.
To stop, examine, etc. of any fishing vessel.
If any authorized officer has reasonable grounds to believe that any fishing
vessel has operated or is operating fishing activities in violating the provisions
of this Act or rules or carrying or stored on board such fish caught on the
vessel or has committed any offence under this Act or rules using that vessel
in Bangladesh Marine Fisheries Waters, he may without warrant-
• He may seize such fishing vessel, stored fish on board, fishing gear and hand
over the arrested persons operating the fishing vessel to a nearby police
station;
• Examine the fishing licence, letter of permission, sailing permission or
any other related documents
The current government policy for the
management of Hilsha fisheries
Hilsa fisheries management Action Plan
The DOF implemented the HFMAP in 2003 with the aim of protecting
jatka. Activies are-
• Involving public representatives in management intervention
• Enforcing the Fish Protection and Conservation Act of 1950
• Establishing Hilsa sanctuaries
• Offering supports for alternatively livelihoods for jatka fishes during
the ban period such as supplying food, rickshaw sewing machine
livestock etc.
Special operations for jatka protection
Catching transportation ,marketing, selling, processing and harvesting
of Hilsa are banned between 1 November and 31 May every year in
Bangladesh. Following activities are -
• Identification of operation areas
• Formation of Special Task Force
• An awareness building program using both print and electronic
media.
• Rehabilitation and alternative income generation for jatka protection
Conservation of gravid Hilsha for
uninterrupted spawning
• In October, 5 days before and 5 days after the
full moon, huge numbers of ripe and running
brood Hilsa are caught, for which close
observation and field survey is required.
• Catching Hilsa has therefore been banned each
year in the major spawning ground during this
peak breeding season that covers and estimated
area of about 7000 km square
Declaration of hilsa sanctuary
Sanctuaries of hilsa in Bangladesh
Sanctuaries of Hilsa in Bangladesh
Penalty for disobeying ban Period
• As per law, hilsa fishing during the period is a punishable offense and those
violating the law will face up to two years in jail or up to Tk 5000 fine or
both punishment.
Present Constraints in Jatka Conservation
Despite of achieving notable success in jatka conservation, there remain several
problems and constraints yet in the fishery such as:
• Using current net for maintaining their livelihood ignoring the Rules in force and the
prohibition
• Current nets are imported through illegal way from the neighboring countries and
bartered secretly
• Alternative livelihood supply not sufficient
• An efficient and effective ways of sanctuary management not yet developed etc.
Suggestion for proper implementation :
Trawler limits in certain areas: There are limits on the number of trawlers
that can operate in certain areas of Bangladesh's marine waters.
For example,
• a limit of 200 trawlers in the Bay of Bengal and
• a limit of 50 trawlers in the Sundarbans mangrove forest.
•Vessel size limits: There are limits on the size of fishing vessels that can
operate in Bangladesh's marine waters.
For example, trawlers must be at least 18 meters long and 5 meters wide.
•Vessel engine limits: There are limits on the horsepower of engines that can
be used in fishing vessels.
For example, trawlers cannot have engines with more than 450 horsepower.
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