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Indian Journal of Geo Marine Sciences
Vol. 45 (11), November 2016, pp. 1474-1480
Legal status of Bangladesh fisheries: Issues and Responses
Md. Mostafa Shamsuzzaman1,2*, Xu Xiangmin1 & Mohammad Mahmudul Islam2
1 Environmental & Resources Protection Law, School of Law & Political Science, Ocean University of China, Qingdao-266100,
China
2 Department of Coastal and Marine Fisheries, Faculty of Fisheries, Sylhet Agricultural University, Sylhet-3100, Bangladesh
*[sakilimsf@gmail.com]
Received 29 March 2016; revised 11 April 2016
Based on secondary data, this paper examines the current legal status of Bangladesh fisheries and constraints in the
implementation of fisheries laws. It is identified that twelve fisheries regulations are executed for the regulation and
management of the fisheries resources in Bangladesh. Among these laws, a few are historically important for the
regulating and managing of fisheries. These laws are implemented with some amendments for the development of legal
mechanisms for fisheries development of Bangladesh. The implementations of these laws often met limited success due
to a number of shortcomings in the legislations. The constraints in the implementation are the lack of clear policy
guidelines and strategy; inadequacy of existing regulatory framework, non-enforcement of legislation and jurisdictional
conflicts, the absence of regular law review and updating mechanism and formulation of by-laws, rules, orders etc.
Finally, this study submits that for sustainable management of fisheries resources of Bangladesh a comprehensive legal
framework is required.
[Keywords: Bangladesh Fisheries, Fisheries Legal Framework, Sustainable Fisheries Management]
Introduction
Fish and fisheries have been an essential part of
the livelihoods of the people of Bangladesh from the
time immemorial, and play a major role in nutrition,
employment, foreign exchange earnings and other
aspects of the economy1. Fish is a natural
complement to rice in the national diet of the people
of Bangladesh which solely supplies about 60% of
animal protein intake2, 3. Some 15 million people
(out of a total population of 155 million) are
estimated to be either directly or indirectly
employed in the fisheries sector, 73 percent of rural
households are involved in aquaculture4, 5, 6. This
accounts for 4.37 % of national GDP, while
providing more than 2% of export earnings and
provides employment for more than 2 million
people7, 8. The first fisheries legislation was enacted
in the year of 1757 with the introduction of the
permanent settlement, Act by the British colonial
ruler in the Indian subcontinent. Till then, there are
a number of laws, policies are enacted which is
represented in a later section.
In terms of fishery policy, experts opined as an
incomprehensible and temporary policy which is
followed by inappropriate and inadequate
legislation, institutional incoordination and
weakness, conflicting and fluctuating decisions of
the government. It is, therefore, necessary to
examine the legal status and managerial procedure
of the fisheries of Bangladesh and to identify the
major issues which should be solved immediately
for sustainable development of the fisheries of
Bangladesh. The objectives of this paper are to
examine legal aspects in the Bangladesh fisheries
sectors, and to assess the problems constraining the
maximum utilization of their potential.
Materials and Methods
This study was conducted using the information
from different secondary sources. All the data were
collected from scientific research and gray literature
published in different forms (e.g. peer-reviewed
journals, periodicals and government gazettes).
‘Fisheries resources’, ‘Inland fisheries’, ‘Marine
fisheries resources’, ‘Legal issues’, ‘Fisheries
policies, laws, ordinances in Bangladesh’ etc. were
the keywords for searching the information. Further
information was also collected through visiting
different relevant institute e.g. Bangladesh Fisheries
Development Corporation, Directorate of Fisheries
of the Bangladesh Government. All of these
gathered data were reviewed; synthesized, and
relevant information was used.
INDIAN J. MAR. SCI., Vol. 45, No. 11, NOVEMBER 2016
Results and Discussion
The Status of Fisheries Resources in Bangladesh
Inland Fisheries Resources
Bangladesh is one of the largest deltas in the
world with three major river systems, i.e. the
Ganges, the Brahmaputra and the Meghna (GBM)
that harbors diverse and rich fisheries resources9. In
a total of 939,073 ha of rivers, tributaries, and
canals, there are 250,727 ha of ‘beel’, ‘haor’ and
water saturated areas, 8,800,000 ha of agriculture
land (partially flooded during the rainy season) and
51,739 ha of lake areas which all are important
aquatic habitat having a rich fisheries biodiversity.
Freshwater fishes of Bangladesh are the third richest
in biodiversity in the world, following those of
China and India10. Total inland fish production in
2012-2013 was 2,821,266 MT, contributing about
83% of total fisheries production7. Though there is
steady growth observed in inland fish production
(both in capture and culture
activities) in the last three decades (from 0 .75
million MT to 3.5 million MT) 11. Figure 1
showing district wise capture and culture fish
productions.
Figure 1. District wise Inland open water (capture) fisheries
map. (Source: DoF, 2014).
Coastal and Marine Fisheries
With the Bay of Bengal in the south,
Bangladesh is blessed with rich coastal and marine
ecosystems, hosting a wide range of aquatic
biodiversity, such as fishes, shrimps, mollusks,
crabs, mammals, seaweeds, etc. The harvest of
marine capture fisheries was 379,497 MT during
2000-2001 that ramped up to 588,988 MT in 2012-
2013 and sold as frozen (transported to large cities
and overseas) or fresh in local markets10. Hilsa shad
(Tenualosa ilisha) is the largest and single most
valuable species with an annual catch of 340,000
MT, and generates employment and income for 2.5
million people valued at $US 1.3 billion per
year12,13. Table 1 shows sector wise annual fish
production in inland and marine fisheries of
Bangladesh during 2013-201414.
Legal Status of the Fisheries Resources in
Bangladesh
There are different regulatory management
procedures for different types of fisheries in
Bangladesh. In order to understand the legal status
of the fisheries of Bangladesh, it is convenient to
divide the fisheries into three categories, namely:
inland open water (capture) fisheries, inland closed
water (culture) fisheries and marine fisheries15.
Inland Fisheries Legal Framework
Under the Permanent Settlement Regulation (No.
1 of 1793), proclaimed by the then Governor
General of India, Zaminders (Landlords) in Bengal
had obtained ownership of fisheries which were
termed as ‘Jalmahals’. Zaminders used to keep the
Jalmahals under their direct control and
supervision. Fishing in these Jalmahals used to be
managed by the Zaminders through a system of
leasing for a certain period, which was usually one
Bengali year16. With the commencement of the
State Acquisition and Tenancy Act of 1951, the
Zamindari system was abolished and all Jalmahals
were vested in the then East Pakistan Government.
Under a presidential order, all Jalmahals were
transferred from the Ministry of Land (MOL) to the
Ministry of Fisheries and Livestock (MOFL).
Though the fisheries is one the most important
renewable natural resources of Bangladesh, the term
was not legally defined till 16 February, 1995. At
that time the Protection and Conservation of Fish
Act 1950 was amended by the Protection and
Conservation of Fish (Amendment) Act 199517.
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Table 1. Sector-wise annual fish production in inland and marine fisheries 2013-14 (Source: DoF, 2015)
Sector of Fisheries Water Area
(Hectare)
Production
(Metric Ton)
% Productivity
A. Inland Fisheries
(i) Inland Open Water (Capture)
1. River and Estuary 853863 167373 4.72% 196 Kg/ha
2. Sunderbans 177700 18366 0.52% 103 Kg/ha
3. Beel 114161 88911 2.51% 779 Kg/ha
4. Kaptai Lake 68800 8179 0.23% 119 Kg/ha
5. Floodplain 2695529 712976 20.09% 265 Kg/ha
Capture Total 3910053 995805 28.07%
(ii) Inland Closed Water (Culture)
6. Pond 371309 1526160 43.01% 4110 Kg/ha
7. Seasonal cultured water body 130488 193303 5.45% 1481 Kg/ha
8. Baor 5488 6514 0.18% 1187Kg/ha
9. Shrimp/Prawn Farm 275274 216447 6.10% 786 Kg/ha
10. Pen Culture 6775 13054 0.37% 1927 Kg/ha
11. Cage Culture 7 1447 0.04% 22 Kg/cum
Culture Total 789341 1956925 55.15%
Inland Fisheries Total 4699394 2952730 83.22%
B. Marine Fisheries
12. Industrial (Trawl) 76885 2.17%
13. Artisanal 518500 14.61%
Marine Fisheries Total 595385 16.78%
COUNTRY TOTAL 3548115 100%
At present, there are about 10,000 fisheries
Jalmahals covering rivers and tributaries, estuaries,
canals, haors, baors and beels which are all owned
by the Ministry of Land (MoL)18,19. These inland
fisheries are classified into two categories; Inland
open water (capture) fisheries and Inland closed
water (culture) fisheries20.
Inland Open Water (Capture) Fisheries
Management Strategies
The open water fisheries have been defined as
those fisheries which are not surrounded by the land
and in which fishing cannot be regulated for a
certain period for ensuring the minimum growth of
the stock20. The basic mechanism for managing
fishery resources in inland open waters of
Bangladesh have been based on the allocation of
fishing rights through periodic leasing. The MoL
directly owns the rivers, their tributaries and
seasonal as well as perennial wetlands. For the sole
purpose of revenue generation, the MoL leases out
Jalmahals to Ijaradars through auction. Through
the auction process, the lease is given to the highest
bidder. The river fisheries and the seasonal beel
fisheries are normally leased out for a term of one
year, while the permanent beels are leased out for a
3-year term. Some beel fisheries and group fisheries
are leased out to the same lessee for 6 years and in
rare cases, up to 9 years. The government makes
rules, policies, guidelines, circulars etc. time to time
and regulates the open water fisheries of
Bangladesh. The MoL in memorandum states that
management of all open water fisheries would be
treated as a source of income of Thana (sub-district)
and such portion of the revenue would be
distributed of different Thana on the basis of the
area and population21.
The government of Bangladesh in the Ministry of
Fisheries and Livestock (MOFL) in 1986 initiated
the “New Fisheries Management Policy” (NFMP) to
achieve a number of objectives such as diversion of
maximum benefits arising out of fish harvesting in
government owned fisheries to the actual fishermen
toiling on the water from the middlemen
leaseholders who have been, hitherto, taking away
the lion’s share of the benefit’s from such fishing
activates, and to develop and implement measures
to ensure sustainability of living fisheries resources
so that fishery productivity of inland open waters
can be sustained20. Access to fishing right in the
Government owned fisheries brought under NFMP
are to be given to fishermen residing within the
Upazilla and District in which the concerned fishery
is located. This will be done through issuing
licenses directly to such fishermen. All genuine
fishermen of the area around each fishery under
NFMP are to be properly identified and enlisted22.
The committees should be composed of relevant
officials and non-officials, including a local
representative of the National Fishermen Society.
These committees are to review and approve the list
of fishermen to be prepared by the Upazilla
Fisheries Officer and renewable annual licenses are
to be issued to the fishermen whose names appear in
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INDIAN J. MAR. SCI., Vol. 45, No. 11, NOVEMBER 2016
the list prepared by the Upazilla Fisheries Officer
and approved by the Upazila and District Fisheries
Management Coordination Committees22. Each
license will be subject to a license fee to be paid by
the fisherman. The amount of fee is determined on
the basis of ability and efficiency of fishing gears
and devices, i.e., nets, traps etc. the collected fees
will go towards the payment of total Government
revenue which the MoL would otherwise have
earned by leasing the fishery under its normal
procedure. Although the NFMP addresses the
problems of overfishing and exploitation of small-
scale fishermen by the middlemen, its impact and
success are less clear. Irregularities and
malpractices in leasing fishing rights are widely
reported, thus circumventing the intent of the
policy.
Inland Closed Water (culture) Fisheries
Management Strategies
The ‘Closed Water Fisheries’ has been defined as
those fisheries which are confined within specific
boundaries20. For the settlement of a lease of closed
water fisheries, it had been categorized in three
classes, namely-Jalmahals having an area up to 3
ha, closed Jalmahals on less than 20 acres and
closed jalmahals of above 20 acres. Different
management procedures were followed to regulate
those fisheries.
The jurisdiction to lease out closed water
fisheries having the highest lease value of Tk.
30,000, based on the lease value received in a
Bengali year, should be vested in the respective
Union Parishad within which the fishery is situated.
After holding the auction, the Union tender
committee (constituted for leasing Hats and
Bazaars) should submit a recommendation/opinion
at the meeting of the Union Parishad for
consideration and approval23. The concerned
Upazilla Nirbahi Officer (UNO), after holding an
auction of water bodies having a lease value of
more than Tk. 30,000 should submit his
recommendation/opinion at the meeting of the
Upazilla Development Coordinating Committee for
consideration and approval23. One or more
Jalmahals, having lease value up to Tk. 30,000
would be vested for lashing out with the Union
Parishad. If the lease value of more than one
jalmahals exceeds Tk. 30,000 should lie with Union
Parishad and others would be vested with Upazilla
Nirbahi Officer (UNO) for leasing purpose24. The
Local Government Institutions such as the
municipality/ city corporation shall lease jalmahals
within their geographical boundary and income
from the lease shall be deemed to be the income of
concerned Paurashava/City Corporation24. In the
case of Jalmahals located in more than one Union,
but in the same Thana, the UNO shall lease it out,
with the approval of the concerned Upazilla
Development Coordinating Committee24. Similarly,
Jalmahals expanded within more than one Thana
will be leased out by District Commissioner24. The
leases of all Jalmahals have to be settled by
fishermen cooperative society and indigent’s
cooperative society, women cooperative society and
indigent’s cooperative society. For this purpose a
selection committee shall be constituted at Thana
level in the following manner - UNO - Convener,
Upazilla Cooperative Officer-Member, Upazilla
Fisheries Officer-Member, Assistant Commissioner
(Land) - Member, Two representatives nominated
by the National Fisheries Co-operative Society and
a distinguished person nominated by the convener.
Such committee after considering and selection of
genuine cooperative society shall prepare a list and
send it to Chairman, Union Parishad and UNO. The
concerned Union tender Committee/ UNO shall
invite interested, cooperative societies to participate
in the auction at 25% higher than the leasing value
of last year. If the highest bid is not satisfactory,
such as Jalmahals shall be leased out by open
auction24. The settlement of lease to transfer the
Jalmahals can be made for three years.
Legal Issues Governing Marine Fisheries in
Bangladesh
The marine capture fishery comprises two distinct
subsections co-existing side by side each other:
large scale commercially (commonly referred to as
industrial fisheries in Bangladesh) and artisanal and
subsistence fisheries. This dual structure clearly
manifests itself in the fishing technology employed.
According to Figure 2, Bangladesh's EEZ indicating
competing and understandably conflicting uses of
space in the sea, a scenario like which may act as an
entry point for initiating Marine Spatial Planning
(MSP) for Bay of Bengal25.
According to the United Nations Convention on
The Law of the Sea, 1982 the breadth of the
territorial sea is up to a limit not exceeding 12
nautical miles which are measured from baselines
determined in accordance with the convention26.
Also in the Exclusive Economic Zone (EEZ), the
jurisdiction over the law in respect to the
management, conservation, and development of the
living marine resources is being extended. The
Territorial Waters and Maritime Zones Act, 1974
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SHAMSUZZAMAN et al.: LEGAL STATUS OF BANGLADESH FISHERIES
describes that the Government of Bangladesh (GoB)
may by notification in the official Gazette, declare
any zones of the high seas adjacent to the territorial
waters to be the economic zone of Bangladesh. All
natural living and non-living resources within the
economic zone shall vest exclusively in the
Republic26, 27. A license is issued under this
Ordinance in accordance with the carrying capacity
of a fishing vessel which is valid for a period of not
more than one year and is subject to certain
conditions. The foreign marine fishing operation is
restricted in Bangladesh fisheries waters except with
license. The Director may refuse, suspended or
cancel any license in respect of a foreign fishing
vessel on the ground of improper management,
conservation, development etc. Until recently the
definition function of fisheries management policies
has been little if any vast development in reaching
their goals (Table 2).
Major Problems and Recommendations for Proper
Enforcement and Management
There are a number of major problems and issues
which are prevalent in the fisheries management in
Bangladesh. There is a dearth of appropriate
legislation from the management perspective except
for the Marine Fisheries Ordinance, 1983. There are
a few legislations bearing provisions on the
protection of fish but these enactments were
primarily attempted to protect the fishes and private
fisheries but not specific regarding the management
of the government fisheries. This sort of indefinite
management procedure always creates inter and
intra-sectoral confusion and the chaotic situation
between lessor and lessee. Consequently, several
litigations are filed in the courts. Most of the
fisheries are owned by the Ministry of Land and the
Ministry of Environment and Forest. The inter-
sectorial incoordination regarding management
results in a lot of inconvenience to the leaseholders.
Institutional weakness is one of the causes for
fisheries resource depletion. The lack of
institutional accountability adds to the disarray. The
diversified duties of protection, exploitation,
planning and training should be assigned to a single
professional cadre. Since the Department of
Fisheries (DoF) is responsible for the protection and
conservation of fishes, it seems better to have the
managerial duty done by DoF.
Implementation of various water resources
development projects has reduced and altered the
fish habitats. These alterations have caused a serious
threat to the continuation of fish production and
maintenance of species diversity in the open
waters27. The Protection and Conservation of Fish
Rules, 1985 contain provisions that no person shall
construct bunds, weirs, dams, and embankments or
any other structure, whether temporary or
permanent, in, on across or over the rivers, canals,
or beels (perennial waterbodies) for any purpose
other than irrigation, flood control or drainage. But
whatever the purpose may be any dam or cross dam
always constraint the normal flow of the water and
Table 2: Related fishery policies, laws, rules acts and ordinances in Bangladesh32, 33, 34, 35
Fisheries Laws Main issues
The Private Fisheries Protection Act, 1889 This act provides for the protection of private rights for fishing.
The Protection and Conservation of Fish Act, 1950 Conservation of fisheries resources as a whole. The text of the Act consists
of 9 sections: Short title, extent, and commencement
The Protection and Conservation Fish Rules, 1985 Regulations on protection and conservation of fish. The text contains 11
sections about various measures of protection and conservation
The Fish and Fish Product (Inspection and quality control)
Ordinance, 1983
Quality control, fish and shrimp, mainly targeting export
The Fish and Fish Products (Inspection & Quality Control)
Rules, 1997
Quality control, fish and shrimp, mainly targeting export
Marine Fisheries Ordinance, 1983 Marine fisheries conservation & management
Marine Fisheries Rules, 1983 Marine fisheries conservation & management
Pond Development Act, 1939 The purposes of the Act are for irrigation and pisciculture
National Fisheries Policy, 1998
Conservation, management, exploitation, marketing, quality control and
institutional development
National Shrimp Policy, 2014
Flourish the shrimp industry, raise employment opportunity, alleviate
poverty, export earnings and meet up the nutritional demand of the people
Territorial Water and Maritime Zone Act, 1974 Conservation, management & development of marine fisheries
Territorial Water and Maritime Zone Rules, 1977 Conservation of marine fisheries
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INDIAN J. MAR. SCI., Vol. 45, No. 11, NOVEMBER 2016
affects the fisheries. So, the relevant amendment is
necessary. Pollution of the open water aquatic
environment caused by different pollutants has
threatened the existence of fish, prawn, and other
aquatic living organisms27. The current fisheries
management practices, as pursued by the GoB, are
aimed at generating revenue. The basic mechanism
for managing fishery resources in inland open
waters of Bangladesh has been used introduced for
these purpose in selected sites on an experimental
basis, the traditional leasing system which is more
revenue oriented than the fishermen or resources
oriented policy is still the dominant management
mechanism. The revenue oriented management
systems have several drawbacks28. First, with the
purpose of obtaining the maximum benefit, the
lessees tend to allow the harvesting of as much fish
as possible without any consideration whatsoever
for conservation, future production and resources
sustenance. As a result, overfishing in Jalmahals
over the years has become a common occurrence.
Second, because of the short-term nature of the
lease in most fisheries, leaseholders have no
incentive to undertake conservation measures for
rehabilitation of the stock removed annually or for
the preservation of the water bodies and the third
one, since DoF has no control over the fisheries,
meaningful enforcement of the laws is difficult.
Enforcement of fishing regulations or other such
lease conditions is the responsibility of the leasing
agencies (Department of Revenue, Department of
Forests, etc.). The agencies show little interest to
monitor adherence to lease agreements apartments
apart from ensuring that the payment is made on
schedule.
The following policies should be taken into
consideration for sustained enhancement of fisheries
production in open waters. Damage done to fish and
fish habitats during the implementation of all
development activities such as flood control,
irrigation and drainage, agriculture, industries, road
and urban projects, shall be kept at a minimal level
and programmes for mitigation of such loss shall be
undertaken. Production based management in the
interest of genuine fishermen shall be introduced
instead of the existing lease based management
system to promote the conservation of open water
fisheries resources. The harvesting of fish shall be
kept at the Maximum Sustainable Yield (MSY)
level. Priority should be given to fish culture in the
low-lying lands of the country were 50 cm or more
of water is retained or can be retained during the
rainy season for more than three months. Steps
should be taken to control the harvesting of gravid
fish and fingerlings in order to enhance their
breeding and propagation. The capture of the
banned size of hilsa and other species should be
prevented through the implementation of fisheries
regulations. According to Ullah et al, 2014, the
true catch of Bangladesh marine fisheries from
1950-2010 is 157% greater than the official
landings reported to FAO. This is largely due to the
ignorance of subsistence catch in the total reported
catch. They suggested that Bangladesh’s growth
will not be sustainable, especially if the government
is managing marine populations based solely on
reported landings. This aspect is completely missing
in the legal aspects issues in managing coastal
marine fisheries of Bangladesh29. Water bodies are
damaged and the environment is polluted due to the
unplanned discharge of wastage. Therefore,
discharge of harmful municipal and industrial
wastes directly into the water bodies needs to be
considered a punishable crime. In addition, to the
existing enforcement agencies, the local government
administration in co-operation with the fishermen's
organizations shall be vested with the responsibility
of implementing the regulations. Steps are required
to create awareness of different regulations at the
fishing community level. Finally, all water bodies of
the country should be identified and their primary
use as areas of fish production should be ensured.
Conclusion
The vision 2021 of the Bangladesh Government
targeted to achieve its goals of self-sufficiency in
food and thus increased food security, which
includes attaining self-sufficiency in fish production
for which a clear long-term policy is needed. In the
development of fisheries policy, inter-government
departmental coordination, coordination between
Government and NGOs, and the stimulation of
public response are important. Following the
fisheries policy, the GoB must enact a
comprehensive legal framework for the proper
management and utilization of its resources for the
purposes of the sustainable development of the
country and well-being of its population.
Acknowledgment
The author is acknowledged to Chinese Scholarship
Council (CSC) for giving fund to done such types of
works and field survey in Bangladesh. The authors
also grateful to all respected teachers of the School
of Law and Political Sciences of Ocean University
of China (OUC) China, Sylhet Agricultural
University, Bangladesh Environmental Lawyers
Association (BELA) and Department of Fisheries
(DoF), Bangladesh for providing recently updated
data about the whole fisheries sector of Bangladesh.
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SHAMSUZZAMAN et al.: LEGAL STATUS OF BANGLADESH FISHERIES
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