Laws and regulations

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The Laws and Regulations Relative with

Marine Fisheries Management of


Bangladesh.
Introduction
What is marine fisheries management ??
Marine fisheries management is the process of regulating the harvesting of
fish and other marine resources in order to ensure their long-term
sustainability. It is a complex and challenging task, as it must balance the
economic interests of fishers with the need to protect marine ecosystems.
Law VS Regulations:
• Law: Imagine the law is like the big goal or idea. In marine fisheries
management, it's the desire to protect and sustain the fish population.

• Regulations: Now, think of regulations as the specific rules or steps to make


that goal happen. For example, it's like setting rules for when and where
fishermen can catch fish, how much they can catch, and what gear they can
use.

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?

• To protect fish stocks from overfishing and other threats

• To ensure that there is a sustainable supply of fish for future generations

• To minimize the impact of fishing on the marine environment

• To support the livelihoods of those who depend on fishing


Types of law and regulation of marine fisheries
management
1. Input controls:
These measures regulate the fishing effort, such as the number of vessels, the type
of gear used, and the areas and times where fishing is allowed.

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?

1. Sharing their traditional knowledge and practices


2.Educating the public about the importance of sustainable fisheries management
3.Monitoring and enforcing regulations
4.Supporting businesses that are committed to sustainable fishing practices
Law and policy making agency
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).

Fig : logo of DoF


Key Laws and Regulations
• The Fisheries Act, 2020
• The current government policy for the management of Hilsha
fisheries.

Other relevant laws and regulations include:


• Marine Fisheries Ordinance, 1983
• The Marine Fisheries rules, 1983
• The National Plan of Action to prevent, deter and eliminate Illegal,
Unreported and Unregulated (IUU) fishing, Bangladesh, 2021-2026
• The Marine Fisheries Management Plan (Part-1: Industrial), 2021-2026
Marine Fisheries Act, 2020
Marine Fisheries Act,
2020
The Act replaced the Marine Fisheries Ordinance 1983 with a view to upgrading
the regulation of fisheries resources in Bangladesh’s marine waters.

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

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
Key Provisions

• Licensing: All fishing vessels and fishers must be licensed by


the Department of Fisheries.
• Management measures: The 2020 Act provides for a range of
management measures, such as catch limits, gear
restrictions, and closed seasons.
• Enforcement: The Department of Fisheries is responsible for
enforcing the provisions of the 2020 Act.
• Offences and penalties: The 2020 Act sets out a range of
offences and penalties for violations of its provisions.
Benefits
• The Marine Fisheries Act 2020 is an important tool for the conservation
and sustainable management of Bangladesh's marine fisheries resources.
• It provides a clear framework for regulating fishing activities and enforcing
fisheries laws.
• The 2020 Act is also expected to contribute to the development of the
marine fisheries sector and
• The improvement of the livelihoods of fishers and their communities.
Administrative
• Declaration of Marine Fishing Area
• Determining the
classification and number of
vessels.

• 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-

a) Enters the Bangladesh Marine Fisheries Waters;

b) Fishes and attempts to fish and others

Penalties

Will be punished with imprisonment for a term not


exceeding 3 (three) years or with fine not exceeding
Taka 5 (five) crore
Certain prohibited methods of fishing
Prohibition on use of explosives
If any person in the Bangladesh Marine Fisheries Waters-
• Fishes by killing uses or attempts to use any explosive,
poison or other noxious substances.
• Carry or keep any explosive, poison or other noxious
substances
• Operate fishing method that is notified as prohibited

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

Declaration of Marine Protected Area

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 :

• More Awarenesses building of the Fishers and Other Stakeholders


• Regional Initiatives for Hilsa Management and Conservation.
• Alternate Income Generating Activities
• Review and Improvement of Catch Monitoring System
Laws & Regulations on Fishing
Equipment, Nets, Mesh Size, and
Fishing Vessels
The mesh size regulations
The mesh size regulation is contained in Marine Fisheries Ordinance, 1983 and The
Marine Fisheries rules, 1983
Type of Net Minimum Mesh Size (mm)

Shrimp Trawl Net (Boom) 45 (at the cod end)

Fish Trawl Net 60 (at the cod end)

Set Bag Net (MSBN, ESBN) 30 (at the cod end)

Large Mesh Drift Net (LMD) 200


Small mesh drift net (SMD) 100

Gill nets 100 mm (for hilsa fish)


50 mm (for other fish)
Seine nets, Cast nets 20 mm
Penalties
• A maximum fine of Taka 100,000 or an imprisonment of three years or both
• Courts may order for the forfeiture of the fishing vessels and gears in
addition to any other penalty imposed.

The reason behind the mesh size


regulations
• It bears conservation value because it will protect the juveniles and
small fishes for future growth and sustenance of the stock
• To reduce the conflict between different gear operators
Prohibited fishing gears and equipments
Dredges: These nets are dragged across the seabed to
catch shellfish and other bottom-dwelling organisms.
Dredges can damage sensitive habitats, such as coral
reefs and seagrass beds.
Gillnets: They can kill bycatch, which are non-target
species that are accidentally caught.
Driftnets: Driftnets can be very harmful to marine life,
including sea turtles, marine mammals, and seabirds.
• Bottom trawls: These large nets are
dragged across the seabed,
catching everything in their path,
including fish, shellfish, and other
marine life. They can damage
sensitive habitats, such as coral
reefs and seagrass beds.
• Dynamite and other explosives:
These are used to kill fish, but they
can also damage marine habitats
and kill other marine life.
• Poison: This is used to kill fish, but
it can also poison other marine life
and humans.
The reasons why these fishing equipments
and nets are prohibited in marine fisheries:
• They can damage sensitive marine habitats, such as coral
reefs and seagrass beds.
• They can kill bycatch, which are non-target species that are
accidentally caught.
• They can be harmful to marine life, such as sea turtles,
marine mammals, and seabirds.
• They can be dangerous to humans, such as dynamite and
poison.
Fishing vessels and their limits
There are a number of limits on the size, type, and number of fishing vessels
that can operate in Bangladesh's marine waters.

Trawler moratorium: There is a moratorium on the construction of new


trawlers in Bangladesh. This moratorium was introduced in 2019 to reduce
overfishing and protect marine ecosystems.

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.

•Vessel licensing: All fishing vessels must be licensed by the government of


Bangladesh. The licensing process includes inspections to ensure that vessels
comply with all applicable laws and regulations.
Implementation and Enforcement
The Department of Fisheries (DOF) is responsible for
implementing and enforcing the laws and regulations
governing marine fisheries management.

• Regular monitoring and patrolling: The Department has


a number of field offices and vessels that are used to patrol
the coast and monitor fishing activities.

• Crackdown on illegal fishing: The government has


launched a number of initiatives to crack down on illegal
fishing, such as the "Operation Dolphin" campaign. These
initiatives have resulted in the seizure of a large number of
illegal fishing vessels and the arrest of hundreds of illegal
• Capacity building: The government is investing in building the
capacity of the DoF and other relevant agencies to implement and
enforce fisheries laws and regulations. This includes training on
fisheries management, law enforcement, and the use of modern
technologies.

• Stakeholder engagement: The government is engaging with


stakeholders, such as fishers, fishing boat owners, and fishing
communities, to raise awareness of fisheries laws and regulations and
to promote voluntary compliance.
Challenges and Issues
• Illegal, unreported and unregulated (IUU) fishing
• Weak enforcement
• Lack of awareness
• Limited capacity
• Complex fisheries laws and regulations
Future initiatives
• Increase investment in fisheries research and monitoring.
• Strengthen enforcement of fisheries laws and regulations.
• Raise awareness of the laws and regulations among fishers and other
stakeholders.
• Promote sustainable fishing practices and technologies.
• Support the development of alternative livelihoods for fishers.
• Continuously monitoring and adjusting fisheries management measures
to ensure that fisheries laws and regulations are effective in protecting
marine fisheries resources without burdening fishers' livelihoods.
Community Engagement
• Engaging fishers and their communities in the development and
implementation of fisheries laws and regulations
• Establish community-based fisheries management organizations
• Provide training and capacity building to fishing communities
• Promote awareness of fisheries laws and regulations
• Provide economic incentives for sustainable fishing practices
Conclusion
• Fisheries laws and regulations are essential for the sustainable management of
marine fisheries resources in Bangladesh
• The penalties are mainly imposed to discourage the fishers from committing
any offence
• The Government of Bangladesh is committed to the sustainable management
and conservation of marine fisheries.
• The Government, fishers, and other stakeholders need to work together to
ensure that marine fisheries in Bangladesh are managed sustainably for the
benefit of future generations.
T H A N K

Y O U

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