Marine Policy 87 (2018) 255–262

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Marine Policy
journal homepage: www.elsevier.com/locate/marpol

Analysing the legal framework of marine living resources management in T

Bangladesh: Towards achieving Sustainable Development Goal 14
Md. Mostafa Shamsuzzaman , Mohammad Mahmudul Islam
Department of Coastal and Marine Fisheries, Faculty of Fisheries, Sylhet Agricultural University, Sylhet 3100, Bangladesh

ARTICLE INFO ABSTRACT

Keywords: This study was conducted to investigate how the legal framework governing the Bangladeshi fishery sector can be reformed
Legal framework through measures such as governance reform, increasing coordination between administrative bodies and educating key
Bay of Bengal stakeholders, including fishermen. In doing so, this paper evaluates how Bangladeshi fishery laws can facilitate sustainable
Marine living resources management development and improved environmental outcomes for coastal and marine living resources. This study also examined how
SDGs
non-compliance with the legal framework could nega-tively affect government initiatives to achieve Sustainable Development
Blue Economy
Goals, particularly SDG 14. To collect empirical data, fieldwork was conducted at two sites in the coastal zone of Bangladesh
and was supplemented by a review of the secondary literature on legal documents. The key findings show that despite the
strong existing legal mechanisms, non-compliance with regulations is widespread and has resulted in severe degradation of
coastal and marine living resources. Thus, the unsustainable exploitation of resources is restricting the ability to achieve the
targets of SDG 14, such as eliminating IUU fishing and providing access to small-scale fisheries. After examining the issues
that cause non-compliance, this study provides guidelines for the development and ef-fective implementation of legal and
policy frameworks to ensure sustainable coastal and marine living resource management in Bangladesh.

1. Introduction
Bangladesh has a maritime zone of 118,813 sq. km in the Bay of Bengal
(BoB) [1], including the 200-nautical mile (nm) Exclusive Eco-nomic Zone
(EEZ) and 354 nm of continental shelf [2]. Despite the large number of
marine fish species (511, including shrimp) [3], the con-tribution of marine
fisheries to the total national catch is quite low. For example, in 2014-15, only
16.28% of the total national fish production was of marine origin [4].
Nevertheless, the coastal and marine fishery sector is very important as it
provides livelihood opportunities to mil-lions of poor coastal people, and
contributes to national food and nu-trition security [5,6].
This sector faces several challenges. The marine fisheries of Bangladesh
are vulnerable to collapse because the catch per unit fishing is decreasing due
to declining fish and shrimp stocks [7]. The major drivers of coastal and
marine resource degradation include non-compliance with fishing rules and
regulations by the stakeholders by applying increased fishing pressure,
including the use of destructive fishing methods and gears [8–10]. A tendency
to fish for whatever is available, including larvae and juveniles, is also a
common practice. Therefore, it is necessary to ensure a sustainable catch from
the sea;
thus, it is important to amend the existing laws and ensure their proper
implementation.
There is no individual act on coastal fisheries; rather, it is controlled by
general national fishery laws, rules, and policies. The national laws provide
guidelines for the conservation, management, and development of marine
fisheries resources. Bangladesh has also agreed, endorsed or ratified a number
of legal and policy frameworks. These frameworks include different
conventions, declarations, and agreements covering international marine and
coastal environmental sectors, including the 1982 Law of the Sea Convention
(LOSC); United Nations Conference on Environment and Development
(UNCED); International Maritime Organization conventions (IMO); and the
Convention on Biological Diversity (CBD).
The present analysis focuses only on the national legal framework of
Bangladesh. There are numerous laws and regulations that provide policy and
regulatory frameworks for the management of marine living resources. These
laws are, however, not enforced properly for multiple reasons. The immediate
consequences of this non-compliance include the degradation of fisheries’
resources (through destructive fishing practices) and reduced human well-
being (fishers face persecution and penalties for the violation of laws and
regulations) [6]. Therefore, a

Corresponding author.
E-mail addresses: sakilimsf@gmail.com, sakil.cmf@sau.ac.bd (Md. M. Shamsuzzaman).

http://dx.doi.org/10.1016/j.marpol.2017.10.026
Received 29 April 2017; Received in revised form 24 October 2017; Accepted 24 October 2017
Available online 06 November 2017
0308-597X/ © 2017 Elsevier Ltd. All rights reserved.
Md. M. Shamsuzzaman, M.M. Islam
sound management system is necessary to measure the extent and patterns of
non-compliance and to explore ways to secure compliance. This is
emphasized in the Sustainable Development Goals (SDGs) to be attained by
2030. The SDGs specifically target effective regulation of harvesting,
including elimination of overfishing, illegal, unreported and unregulated
(IUU) fishing and destructive fishing practices. The im-plementation of
science-based management plans will be crucial step in the attainment of
these goals. Therefore, the formulation of a proper legal and policy
framework for the utilization and conservation of living resources in its
marine waters is indispensable. Thus, identifying the knowledge gaps in
fishery regulations and fishers’ responses to reg-ulation is also necessary.
The present study is a contribution to filling these knowledge gaps. The
purpose is to assess how the legal framework governing the Bangladeshi
fishery sector can be improved through measures such as governance reform,
increasing coordination between administrative bodies and education of key
stakeholders, including fishermen. In doing so, this paper evaluates how
Bangladeshi fishery laws can facilitate sustainable development and improve
environmental outcomes for coastal areas.
The following section reviews the international literature to build a
theoretical framework on the role of the legal framework for fishery
management and its links to achieving Sustainable Development Goals. The
methodology section discusses data sources, methods of data col-lection and
data analysis, the selection of interviewees and selection of questions for
semi-structured interviews. The next section presents the results of the
assessment of legal frameworks and the respondents’ perceptions regarding
reforming the fisheries’ legal framework. The discussion section then follows,
and the paper concludes with final remarks regarding policy implications.
2. The role of legal frameworks in fisheries management
During the last century, a new understanding of how human be-haviour
created adverse environmental effects has developed. This in-formation has
challenged the efficacy of existing legal frameworks in addressing the
sustainability issues of the environment. Environmental law has evolved into
a specialized field of law, in which hundreds of national regulations in many
countries, as well as international en-vironmental treaties, were created only
in the last half century [11]. However, many of these legal regulations have
failed to provide ade-quate protection for the environment and failed to create
conditions that promote sustainable utilization of common-pool resources
[12]. Nevertheless, the legal framework is instrumental in the management of
natural resources. Legal rules provide rights, obligations, and respon-sibilities
for the communities involved. These also define what is per-mitted, who has
the power to do what, and the consequences of dif-ferent acts, omissions, and
situations. Moreover, in large-scale situations and transboundary contexts,
legal structures are also crucial for determining who may make binding
decisions on the content and application of general norms in different
jurisdictions.
The laws also provide legitimacy for the decision-making power of
communities in community-based resource management. In addition to
regulating the natural system, legal frameworks also address, for ex-ample,
social security and unemployment, education, and property rights [11].
Among Ostrom's (2005) eight principles for governing common pool
resources, rules governing use of common goods should be matched with
local needs and conditions [12]. Those affected by the rules should participate
in modifying the rules. The authorities should respect the rule-making rights
of community members and, where ap-propriate, graduated sanctions should
be applied to rule violators. Os-trom's eight principles clearly reflect the
importance of community participation in making legal rules. Additionally,
stakeholders within communities should be consulted with and respected
during rule making for any conservation initiatives. Thus, communities can
deliver their opinions by providing their perception of legal frameworks that
256
Marine Policy 87 (2018) 255–262
have a direct bearing on them and the resources on which they depend for
their livelihoods.
The sustainability of social and ecological systems can only be en-sured
with proper maintenance of the environment and its social di-mensions,
including social security, unemployment, education, and property rights.
Shotton (1999) provides a complete discussion of property rights issues and
regulation in fisheries, including why ITQs are often resisted despite their
many benefits [13]. Traditionally, in the case of fishery management, legal
frameworks are enacted to control harmful activities in the environment.
These include gear regulations, such as the prevention of the use of nets with
small mesh and certain types of trawls; restrictions applied to large, powerful
types of fishing vessel; and closed fishing seasons which are commonly used
[13]. The legal framework that includes laws, rules, regulations, ordinances
and other instruments provides legitimacy to certain fisheries and coastal
management measures [14]. These provide a buttress to the sustainable
implementation of integrated coastal management programs towards
achieving success. It is found that legal compliance is key to the success of
coastal zone management interventions, particularly the establish-ment of
marine protected areas [14,15]. Where non-compliance hap-pens,
understanding the key problems can provide a basis for estab-lishing a legal
framework to improve the management of coastal and marine resources [16].
3. Methodology
The study was informed by both primary and secondary data. The primary
data were obtained through qualitative data collection methods, which
included individual interviews, key informant inter-views, and stakeholder
analyses for the period from May 2016 to July 2016. The study was
conducted among the fishing communities in two coastal and marine fishery
hotspots of Bangladesh: the Chittagong and Barisal districts (Fig. 1). Using a
semi-structured questionnaire, a total of 130 individual interviews were
conducted with fishers, skippers on the fishing team and fish trade
entrepreneurs (locally known as mo-hajan/aratdhar). The interviewees were
selected through convenient sampling. The semi-structured questionnaire
included questions in-cluding legal issues, management concerns, marine
fisheries’ resource extraction, marketing, and implementation of fishery
legislation. Fif-teen government officials from different tiers of the
Department of Fisheries (DoF) were interviewed as key informants. Four
knowledge-able skipper fishers (majhi) and five fish traders were also
interviewed as key informants. The interviewees included a range of
stakeholders, thus providing different perspectives on the main issues of the
present research. Secondary data on government legislation and policy docu-
ments, ministerial orders, and gazettes were collected through an online
search or personal contact with relevant agencies.
A content analysis was employed for the data analysis [18–20]. A content
analysis is a scientific research tool that interprets and codes different
communicated material (e.g., documents, articles, books, voices, interviews,
and images) through classification, tabulation, and evaluation of its key
1
themes to ascertain its meaning and probable ef-fect. It provides new
insights, thus enhancing a researcher's under-standing of particular
phenomena as well as informing practical mea-sures [18]. In the present
study, textual materials were coded into manageable categories of different
variables [6,21]. The variables identified included causes of non-compliance
with laws, gaps between the laws and their implementation and suggestions
for improvement.
1 Webster's Dictionary of the English Language.
Md. M. Shamsuzzaman, M.M. Islam
4. Results
4.1. National legal framework
In Bangladesh, a number of legislation measures are in operation for the
preservation and sustainable use of marine resources. These mea-sures permit
the translation of the objectives of policy into specific legal provisions
affecting the use of living marine fisheries resources, the way these resources
affect the development of fishing communities and the nation as a whole.
These acts include the Protection and Conservation of Fish Act (PCFA) of
2
1950 ; Rules of 1985; the Territorial Waters and Maritime Zones Act of
3
1974 ; Rules of 1977; and the Marine Fisheries Ordinance and Rules, 1983.
4 which the production, storage, and mar-keting of those nets were banned.
These are analysed in the following sec-tions in terms of prohibitions,
prescriptions, penalties, and responsi-bilities (Table 1). There are different
prohibitions in coastal- and marine-related legislation that were not
implemented properly due to the reasons noted in Table 2. According to the
perception of fishers and other stakeholders, there are several causes for the
noncompliance of laws, conflicts, and overall mismanagement.
4.2. Violations related to mesh size, gear type, and fishing limits
According to the Protection and Conservation of Fish Act of 1950, any
fishing net with a mesh size less than 4.5 cm is prohibited. However, in
practice, this rule is widely violated because fishers ex-tensively use the
prohibited mesh nets. The respondent fishers argued that if they adhere to the
mesh size stipulated in the regulation, the fish catch will be significantly lower
due to reduced fishery productivity in estuarine and coastal waters. To
compensate for the low fish catch rate, the local fishermen use a modified Set
Bag Net with mesh sizes less than 1 in. that are locally known as Behundi Jal
(Estuarine Set Bag Net-ESBN). In an artisanal hilsa fishery, using gillnets
with a mesh size less than 10 cm is prohibited, but this is not observed in most
cases as
2 The Protection and Conservation of Fish Act, 1950 (Bengal act xviii of 1950). Retrieved
from http://www.fisheries.gov.bd/site/view/law/Fish-Acts,-Laws-and–rules.
3 The Territorial Waters and Maritime Zones Act, 1974 (act no. xxvi of 1974). Retrieved
from, http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=467.
4 The Marine Fisheries Ordinance 1983 (ordinance no. xxxv of 1983). Retrieved from
http://www.fisheries.gov.bd/site/view/law/Fish-Acts,-Laws-and–rules.
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Marine Policy 87 (2018) 255–262
Fig. 1. The map showing jurisdiction areas of different acts and study
sites. Modified from [17].
reported by some key informants. Some fishermen in the coastal areas use
fixed nets such as ESBN for the collection of fry and fingerlings. This is
seriously harmful to marine fish biodiversity because this gear cat-ches fry
and fingerlings irrespective of their size and type.
According to the Protection and Conservation of Fish Act (PCFA) of
1950, the manufacturing, import, marketing, storing, transportation, and
owning and use of monofilament gill nets (Current Jal) are pro-hibited
(Section 4. A). One fisher commented that the government authority seizes
illegal nets but can do very little against the producers of such nets. One
manufacturer of monofilament gill nets has filed a case against the 2002
amendments of the Fish Protection and Con-servation Act, 1950, through
Unfortunately, production continues due to the Stay Order of the High Court
on ceasing their production. One key informant commented that banning all
monofilament gill nets irrespective of mesh size could decrease illegal fishing
by 80 percent.
Several issues related to the illegal violation of limits and the re-sulting
conflict were reported by the respondents. The Marine Fisheries Ordinance of
1983 stipulated two fishing zones for artisanal and in-dustrial fishing, within
and beyond a 40-m depth, respectively. However, the respondent fishers
reported that industrial fishers often violated these boundaries and fished in
areas lawfully designated for small-scale fishing. According to the Territorial
Waters and Maritime Zones Act, 1974, no foreign ship or person without a
license is allowed to enter the maritime zone of Bangladesh. However, this act
is often violated by many foreign fishing vessels and fishermen. It is said that
various types of fishing vessels from India, Thailand, Sri Lanka and Myanmar
regularly violate the fishing limits of Bangladesh. Not only do they conduct
illegal fishing; they also attack local fishers.
4.3. Legal enforcement and management
Many fishers who operate in the hilsa sanctuaries reported that during the
ban period for hilsa fishing, fishers violated the closure period and continue
fishing for gravid and juvenile hilsa. The fishermen reported a number of
factors behind such non-compliance. These in-clude laxity in enforcement of
the ban period in sanctuary areas; strong linkages between violators and the
local political establishment; and the practice of bribery between law
enforcers and local fishermen. Powerful local fish traders force fishermen to
continue working. Poor

Table 1
Main features of fisheries related laws in Bangladesh [4,8,22].
Title of the laws
The Protection and
Conservation of Fish Act,
1950, and Fish Rules, 1985
Marine Fisheries Ordinance and
258
Rules, 1983
The Territorial Waters and
Maritime Zones Act, 1974
Md. M. Shamsuzzaman, M.M. Islam
Major aspects covered
Main features and prohibitions Recommendations Offences and legal procedure Power to responsible person
• Erection of fixed engines is prohibited in the rivers,
No person is allowed to catch the following other
• Punishment and penalties for violation of rules will • Class II Magistrate.
•
• canals, khals, and beels.
Use of gillnet less than 4.5 cm. mesh size is prohibited.
than in pisciculture:
• July-December, each year, carp species below
result in 1–6 months jail with labor and a maximum
fine of Tk. 1000.
Police officials not below the
rank of Sub-Inspector of
• 23 cm. • Subsequent punishment and penalties for violation of police.
Construction of bunds, weirs, dams, and embankments
or any other structure, whether temporary or • November-April, each year, hilsa below rules will result in 2–12 months jail with labor and a • Officer not below the rank of
permanent, in, on, across or over the rivers or canals,
for any purpose other than irrigation and flood control • 23 cm (Jatka).
November-April, each year, pangas below
maximum fine of Tk. 2000. In special cases, a person
can be arrested without a warrant. •
Deputy Ranger in the
Sundarbans.
are prohibited. 23 cm. Fishery officers not below
• Destruction of fish by explosives, gun or bow and • February-June, each year, species of Silon, the rank of Upazila Fishery
arrow or by poisoning, pollutant trade effluent, is Bhol, and Air below 30 cm. Officer (UFO).
prohibited.
• A collection of post-larvae of shrimp and prawn
• Fishing with any gear without of specified mesh size, •
banned.
All licensed fishing vessels should use nets of the Any person who uses or attempts to use any Inspector of Department of
kind of explosives, poisons and other noxious following mesh sizes: prohibited methods of fishing or any fishing gear Fisheries (DoF) The
substances.
• F and by electrocuting is prohibited • For shrimp trawl net (Boom) with a low prohibited under this Ordinance shall be guilty of an Bangladesh Navy
opening, the minimum mesh size shall be offense and shall be liable to a fine not exceeding taka
•
45 mm at the cod end. 100,000 (approx. 1100 €) or fifteen times the value of
For fish trawl net, minimum mesh size at the the fish, whichever is greater.
cod end shall be 60 mm.
• For large mesh driftnet (LMD), the minimum
• For small mesh driftnet (SMD), the minimum
mesh size shall be 200 mm.
• For SBNs, the minimum allowable mesh size
mesh size shall be 100 mm.
at the cod end would be 30 mm.
Area for fishing:
• Area for fishing with SBNs and hooks and
lines: up to 40 m depth of marine water at its
• highest tide.
Area for fishing with driftnet: trawlers must
operate beyond 40 m of marine waters at its
• The indiscriminate exploitation, depletion or • highest tide. • One-year imprisonment with or without BDT 5000
No such license or permission shall be An Authorized official of the
Marine Policy 87 (2018) 255–262
• destruction of living marine resources is prohibited.
No excavation or conduct any research within the •
necessary for fishing vessels which are not
mechanically propelled.
penalty Bangladesh Government.
limits of the continental shelf without a license. Maintain or operate within the continental
• No foreign warship shall pass through the territorial shelf installations and other devices necessary
waters except with prior permission for the exploration and exploitation of its
• Declare any zone of the high seas adjacent to the resources
territorial waters to be the economic zone of
Bangladesh.
(continued on next page)
Md. M. Shamsuzzaman, M.M. Islam Marine Policy 87 (2018) 255–262

and indebted fishers have to continue fishing during ban period since no other

Power to responsible person

alternative occupation is available. Furthermore, incentives provided by the
government are insufficient to maintain their liveli-hoods.

The penalties incorporated into legislation are insufficient, and the

financial penalties are outdated, according to one key informant. The power
and functions of the fishery officers and staff in the im-plementation of
legislation and regulations are usually not clearly specified by the respective
laws and regulations. The Upazila Fisheries Officers (UFOs) alone — rather
than the District Fisheries Officers (DFOs) — implement the legislation and
regulations. As a result, the proper implementation of fishery laws and
policies are not fully en-sured. Implementation should be extended to the
DFOs. It was also noted that the DFOs and UFOs face numerous problems
due to not being able to impose appropriate penalties relating to the breach of
rules. The punishments stipulated in the existing laws are not always properly
applied by law enforcement agencies if bribes are taken from the fishers to not
file charges against them or to reduce the penalties. One UFO claimed that
sometimes sudden patrol campaigns were oc-casionally unsuccessful due to
Offences and legal procedure

leaking of relevant information. Many of the fishers argued that if this type of
corruption can be prevented, then illegal fishing would be stopped. Moreover,
officials rarely inspected their boats and penalized fishers for a breach of
regulations. Weak enforcement has led to the perception among most fishers
that if they violate the law, the chances of being caught and punished are slim.

4.4. What needs to be done? Stakeholders’ perceptions regarding

improvement of management

In response to questions regarding how to overcome non-com-pliance and

overall management constraints, a number of suggestions were elicited from
the respondents. The suggestions included ‘re-formation of fishery laws and
regulations’; ‘control of fishing vessels and destructive fishing gears’; ‘public
participation in fishery manage-ment’; ‘strengthening monitoring control and
surveillance systems’; ‘strengthening cooperation among relevant agencies
Main features and prohibitions Recommendations

and stakeholders; and ‘creating opportunities for alternative occupations'.

4.4.1. Regulation of fishing gears

Rule 14 of the Marine Fisheries Ordinance 1983 describes the al-lowable
Major aspects covered

Establish conservation zones in such areas of the seaadjacenttotheterritorialwaterstoprotectthelivingresources.Preventingandcontrollingmarinepollutionandpreservingthequalityandecologicalb alanceinthemarineenvironment.

mesh sizes for five types of nets to be used by fishing vessels — shrimp trawl
nets (boom), fish trawl nets, large mesh driftnets, small mesh drift nets and Set
Bag Nets — and specifies the areas where such nets can be used for fishing
operations. However, fishers reported that there are several nets, mostly
destructive in nature, that do not fall within the purview of this rule. For
example, ESBN is a gear used within the 10-m depth line that encompasses
almost all brackish water bodies, channels, and tributaries. The ESBN has
been found to be destructive because it also captures juvenile shrimp and fish
that feed in shallow waters. Though the Marine Fisheries Ordinance 1983
•

specifies the mesh size for the Set Bag Net, it fails to consider the ESBN.
Regulatory laws should clearly delineate what types of gear are to be
regulated by which legislation. Use of monofilament gill nets is a major
concern shared by the most respondents. According to the Protection and
Conservation of Fish Act, 1950, section 3.3.a (iv), the Government of
Bangladesh (GoB) prohibits the manufacture, fabrication, import, marketing,
storing, transportation, possession and use of monofilament gill nets.
However, such nets are widely used, and fishery officers only seize the nets
while fishing is in progress. They are unable to prosecute the manufacturers of
these nets.

4.4.2. Control of fishing licenses and the number of fishing vessels Fishing
Table 1 (continued)

Title of the laws

licenses specify the species of fish to be caught as well as the

type of fishing gears, the methods of fishing, and the fishing areas (Section 13,
The Marine Fisheries Ordinance 1983). Section 8 of the ordinance states that
fishing licenses shall be required for all marine

259
Md. M. Shamsuzzaman, M.M. Islam
Table 2
Stakeholders perception on reasons for non-compliance and suggestions for improvement.
Reasons for non-compliances of fisheries regulation
• Poverty
• Indebt and patron-client relationship with middleman
• Irregularities in incentive distribution during ban season
• Limited opportunity of alternative occupations during fishery closures
• Availability of illegal, destructive gears
• Greed for more fish
• Unattractiveness of agriculture as alternative occupation
• Corruptions of few member of law enforcing agencies
• Habitually
fishing in Bangladeshi waters. However, Sections 17 and 18 of the same law
exempt local fishing vessels from obtaining a fishing license if they obtain
registration or a valid certificate of inspection under any other existing law.
The Merchant Shipping Ordinance of 1983 (Section 13) requires registration
of all seagoing vessels as proof of their sea-worthiness. If the provisions of
the Marine Fisheries Ordinance 1983 and the Merchant Shipping Ordinance
of 1983 are both followed, there is no need to obtain a fishing license under
the Marine Fisheries Ordinance 1983 if a local fishing vessel has already
obtained registra-tion for seaworthiness. Nevertheless, registration of a vessel
is not the same as obtaining a license for selective fishing. This legal
exemption must be removed if the legislative intent is the sustainability of
fishery resources. The Department of Fisheries (DoF), not the Department of
Shipping, is the department that should issue this license because the DoF has
information on fish stocks, the methods to be used in specified locations, the
annual harvestable stock, and the capability to determine the number of
vessels allowed to fish. Registration based on vessel fit-ness alone may result
in a situation where the number of vessels exceed the carrying capacity of
coastal ecosystems.
4.4.3. Strengthening Monitoring, Control and Surveillance (MCS) systems
The limited logistical capacity of governmental agencies (DoF and law
enforcement agencies) was often mentioned by the respondents as a
restriction in monitoring, control and surveillance in the coastal zone,
particularly in hilsa sanctuaries. The capacity for the high seas MCS system is
also insufficient. The eleven large landing sites, their wide geographic spread
(especially for the non-mechanized boats) and poor communication in many
coastal districts, combined with the limited human resources allocated for
catch monitoring, suggest that con-siderable improvements need to be made
before these figures can be considered a robust management tool, as a key
informant suggested. Using technology is another option to improve the MCS
system in Bangladeshi fisheries. A Vessel Monitoring System (VMS) has
recently been introduced to Bangladeshi fishing vessels (e.g., trawlers) by the
DoF through a pilot project to improve the MCS systems by using available
technologies. The coastguard plays a minimum role in pre-venting illegal
fishing in the open sea because their surveillance is confined to nearby coastal
areas. Governing authorities should take the necessary steps to enforce the
fishing limits and should increase the manpower for maintaining the
protection of fishing limits. The use of an automatic identification system
(AIS) and radar and satellite remote
sensing would be beneficial in this regard.
4.4.4. Institutional cooperation
Aside from fishery-related regulations, a number of other regula-tions are
directly or indirectly related to fisheries. These include the Wild Conservation
Act 2002 administered by the Forest Department, which empowers the
government to declare an MPA in the Swatch of No Ground in the Bay of
Bengal. However, for proper implementation of these laws, effective
collaboration is needed to overcome weak en-forcement caused by
institutional gaps. Strong coordination between the Forest Department and the
DoF is needed for management of the
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Marine Policy 87 (2018) 255–262
Considerations for improved compliance of regulation
• Effective ban using illegal fishing gears
• Ban production of monofilament gill net
• Check corruption
• Inclusive and fair incentive supports during fishery closures
• Improve the logistic support of UFO
• Create opportunities for alternative livelihoods
• Increase logistic supports to law enforcing agencies
• Increase fishers’ awareness about the benefits of abiding laws
water resources of the forests, which is the responsibility of the Forest
Department under the Forest Act, 1927. Close coordination is also ne-cessary
with the Bangladesh Navy, the Coast Guard, and the port au-thorities of
Chittagong and Mongla, which are responsible for control-ling coastal
pollution by ships. According to the provision of the Ecologically Critical
Area (ECA) Regulations 1995, the Department of the Environment should
develop close coordination with the DoF to tackle water pollution problems
and circulate water quality standards for fishing grounds and to ensure
maintenance of water quality.
4.4.5. Provision of incentives and other support for fishers during closed
seasons
The Bangladeshi government provides fishery subsidies in the form an
incentive program for fishers in hilsa sanctuaries who are affected by closed
seasons or fishery closures. However, this program does not cover all affected
fishers, and some influential fishery stakeholders, such as fish traders, are
excluded. The fisher respondents suggested that an incentive program needs to
include all affected fishers in the hilsa sanctuaries. Along with rice incentives,
cash supports should be pro-vided. Limited livelihood opportunities are
considered one of the main reasons for violating the regulations. Fishing is the
only occupation for most people in fishing communities in our study areas.
The fishers have responded that their dependence on fishing motivates them to
catch as much as they can without any concern for conservation and manage-
ment regulations. Many of the fishers argued that it is unfair to impose
regulations regarding a ban on fishing in natural waters without creating
opportunities for alternative livelihoods. Therefore, the gen-eration of an
alternative income source and proper training could be effective in resolving
this situation. Several respondents also discussed creating alternative income
opportunities for themselves and other fa-mily members during closed
seasons. A few key informants said that poverty and lack of alternative
income earning opportunities often push unemployed people into fisheries,
thus leading to over-capitalization in coastal fisheries, particularly in hilsa
fishing.
4.4.6. Information disclosure and public participation
Given that most fishers in Bangladesh are not literate, they do not have
proper and thorough knowledge of the existing fishing laws and their
prohibitions. Many fishers also do not have enough practical knowledge
regarding mesh size regulations. Some fishers said that they had never heard
of this type of regulation before the interview. Therefore, a few respondents
suggested that to ensure more frequent participation in the various programs,
the government should take steps to make fishermen aware of fishery laws and
their significance. To raise general public awareness of issues relating to
fisheries resources, NGOs must contribute in an effective way. Knowledge of
environmental laws and regulations must be delivered to the public as well,
and they must be aware that protection of fishery resources from being
contaminated is their legal and social duty. Considering the general
educational status of the fishers, it is suggested that providing summarized
and basic as-pects of fishing laws to the entire fishing community could be
included in the responsibilities of UFOs and Assistant Upazila Fisheries
Officers
Md. M. Shamsuzzaman, M.M. Islam
for mass awareness generation among the fishers.
5. Discussion
It is a general principle of jurisprudence that laws should be up-dated;
otherwise, they may fail to fulfil their core objectives. Most of the legislation
and regulations for governing coastal and marine living resources in
Bangladesh were enacted a long time ago and have been amended to keep
pace with changing circumstances. In the context of rapid changes in social,
economic, cultural and environmental cir-cumstances, the legal framework
now appears insufficient for tackling new challenges [8]. Thus, an update is
necessary, not least to achieve the Sustainable Development Goals (SDGs).
There are several targets in SDG 14 in particular, which call for actions
explicitly related to coastal and marine living resources, such as effectively
regulating the har-vesting of fishery resources; ending overfishing and illegal,
unreported and unregulated (IUU) fishing and destructive fishing practices;
ad-dressing fishery subsidies; increasing economic benefits from the sus-
tainable management of fisheries and aquaculture; and providing ac-cess for
small-scale artisanal fishers to marine resources and markets. Other related
targets cover marine pollution prevention, the manage-ment of marine and
coastal ecosystems, and the implementation of both the United Nations
Convention on the Law of the Sea and the applicable existing, high-priority
regional and international regimes for fisheries and aquaculture (p. 170) (FAO
5
2016). In achieving all targets related to SDG 14, the importance of
strengthening the implementation of legal and policy instruments was
underlined in the ‘calls for action’ document of the United Nations Ocean
Conference 2017. The document reiterated that the United Nations
Convention on the Law of the Sea (UNCLOS) provided the legal framework
within which all activities in the oceans and seas must be carried out, while
effective implementation of na-tional legislation is also equally important.
National legislation and regulatory frameworks are a critical part of the
international legal re-gime as they implement the obligations of international
law [23].
The Bangladeshi government has taken various legislative measures to
protect, conserve and enhance the ecological sustainability of fish and other
marine species. These measures include a 65-day fishing ban for all types of
fish, an 8-month fishing ban for juvenile hilsa fish of less than 25 cm, a 22-day
ban on catching brood hilsa every year in the coastal waters and EEZ of
Bangladesh in the Bay of Bengal, and a total ban on destructive fishing
practices in marine areas. All these measures aim to prevent illegal,
unreported and unregulated fishing, and strengthen the management of marine
and coastal ecosystems. These measures bring positive impacts, such as
increased hilsa production in the sanctuaries [8,24]. However, as the present
study indicates, fishing during the closed season period in the hilsa
sanctuaries, and fishing by foreign fishing vessels in Bangladesh waters lead
to illegal, unreported and unregulated (IUU) fishing. Coastal fisheries also
face additional challenges, such as destructive fishing practices (e.g., the use
of monofilament gill nets), some of which are clearly linked to legal issues. In
the present legal framework, there is a lack of rules for the regulation of
coastal fisheries, although most intense fishing occurs in the coastal zone [25].
As the fishers suggested, improved management of living coastal and marine
resources management, such as ending IUU fishing and the use of destructive
fishing gears, requires effective im-plementation of the legal framework.
To compensate for the loss of income during fishery closures, the
Bangladeshi government provides fishery subsidies in the form of rice
distribution of 40 kg to registered fishers. However, increases in fishery
subsidies are discouraged by SDG 14, which calls for the end of harmful
fishery subsidies since these may contribute to overfishing and over-capacity.
However, Mohammed et al. (2017) considered the hilsa
5 FAO. 2016. The State of World Fisheries and Aquaculture 2016. Contributing to food
security and nutrition for all. Rome. 200 pp.
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Marine Policy 87 (2018) 255–262
fishery subsidy a positive fiscal policy that delivers positive economic, social
and environmental outcomes [26]. The existing fishery subsidy plays a
positive role in hilsa conservation and thus should be continued and made
more comprehensive to include other fishery stakeholders who are also
affected by fishery closures, such as fish traders.
To make fishery regulation more compliant, it is important to un-derstand
the causes of non-compliance and potential ways of addressing these causes.
A comprehensive legal framework alone is not sufficient for living marine
resource management, and other steps are required. Poverty is widely
reported as the major reason why poor fishers violate regulations for fishery
closures and destructive fishing [8,27]. Creating economic opportunities
outside the fishery sector could encourage some fishers to leave the fisheries if
they are satisfied with an alter-native occupation. Global experience suggests
that livelihood inter-ventions need to be designed in consultation with the
communities rather than only by the implementing agencies. A livelihood
interven-tion needs to build on the existing livelihood strategies, needs, and
assets of the target households. Livelihood projects for fishing com-munities
need to take a holistic approach to livelihood intervention by not focusing on
production alone but also including all parts of the value chain. It is not just
about giving fishers an alternative occupation; it requires addressing
fundamental social, economic and environmental reforms that affect fishing
communities and their livelihoods [28].
According to the Marine Fisheries Ordinance 1983, small-scale coastal
fishers can fish in coastal waters within a 40 m depth at the highest tide. The
rule excluded industrial trawlers from this zone. Even though traditional
small-scale coastal fishers enjoy open access to fisheries resources, their
access is often restricted in practice. For ex-ample, industrial fishing trawlers
who are supposed to fish in waters beyond a 40-m depth often fish much
closer to shore where they are not allowed (at 30-m and even 20-m depths)
[29]. The target of SDG 14 ensures the access of artisanal fishers to coastal
and marine resources. Artisanal fisheries are well suited to community
property rights sys-tems. The introduction of community rights helps to
restructure the resource into a regulated common property, increases
economic effi-ciency through higher product values or fewer costs (including
6
lower levels of investment in fishing vessels) or both. Providing ownership
of a fish stock would certainly act as an incentive for fishers as nature permits
to reap the full benefits of saving fish to improve catches in the future. The
enforcement of tenure rights will pave the way for shifting to area-based
licensing, particularly for hilsa fisheries. Such arrange-ments would compel
fishermen to 'police' rogue and illegal fishing ac-tivities in their areas, which
will substantially reduce the cost for the government for MCS activities.
As hilsa fisheries extend across national boundaries over a large area,
community ownership through tenure rights would entail far-ranging
cooperation with neighbouring countries. At present, as an open access
fishery, there is no state-allocated legal ownership of fishing areas in the
coastal and marine waters of Bangladesh. However, there some examples of
maintaining community ownership over coastal fishing space. Artisanal
fishers on the Chittagong coast maintain so-cially organized, locally
enforceable, and hereditary entitlements re-garding access and use of fishing
space. This system, known locally as Pata [29], could act as a working
example of possible implementation of community rights over fishing space
in hilsa sanctuaries, mangrove forests, and other coastal ecosystems.
Similarly, there is a need for better regulation of high seas fisheries.
Bangladesh is now in the early stages of formulating an appropriate strategy
7
to harness the potential of the Blue Economy, where high seas fisheries are
an important focus of attention. Before engaging in in-dustrial and distant
water fishing, it is important to consider legal issues to ensure sustainable
fishing. The United Nations Convention on the
6 Hannesson, R. (2004). The Privatization of the Oceans. Cambridge, MA: MIT Press.
7 http://www.oceanactionhub.org/file/1668/download?token=76XeYodT.
Md. M. Shamsuzzaman, M.M. Islam
Law of the Sea provides the legal framework for the conservation, and the
sustainable use of oceans and their resources could support the development
of a national policy for high seas fishing in Bangladesh.
Overall, a number of other management strategies are needed to achieve
the targets of SDG 14, which also require support from a na-tional legal
framework. Effective monitoring and surveillance requires sufficient
logistical support for fishery officials and law enforcement agencies. The role
of technology in improving monitoring, control and surveillance to combat
IUU fishing has been highlighted. Enhancing national capacity for ocean
governance, enhancing control and sur-veillance activities and planning as
part of regional governance to achieve the SDG14 should be prioritized.
National plans for sustainable management of marine and coastal ecosystems
are instrumental. Some legal and implementation gaps exist in the
implementation of the in-ternational legal framework. Areas requiring further
capacity-building and funding included technical, human and financial
resources for hydrographic and legal expertise, the development of legislation
and monitoring, control and surveillance and enforcement. Building
awareness regarding fishery regulations as well as the importance of living
coastal and marine resources is important strategies that will be beneficial
[23].
6. Conclusion
In Bangladesh, despite significant interest in economic, political, and
development programs, environmental sustainability policies are often
ignored. Ensuring sustainable development by developing the blue economy
will not be possible without enacting an integrated maritime policy. Thus,
creating the appropriate legislative framework is fundamental to the effective
implementation of the marine resource policy. In recent decades, the
Bangladeshi government has emphasized environmental conservation. The
government's commitment towards sustainable environmental management is
reflected in the 15th amendment of the Constitution, in which Article 18A
calls for the protection and improvement of the environment and biodiversity
in Bangladesh. Until recently, the conservation and management of coastal
and marine living resources have received lower priority com-pared to inland
fisheries and other land-based ecosystems. With the advent of the blue
economy concept and SDG targets, the government has emphasized the
exploitation of coastal and marine resources. However, economic prosperity
based on ocean resources should not occur at the expense of environmental
sustainability. Achieving the targets related to SDG 14 will ensure
sustainability of the coastal and marine environment for which an appropriate
legal framework is a necessary tool.
The existing legal framework covers the issues of fisheries con-servation,
ecosystem management, and biodiversity protection. However,
implementation of these provisions is often hindered by limitations
noncompliance, which is driven by poverty, poor govern-ance, and conflicts
among different stakeholders. To achieve the Sustainable Development Goal
14, the legal framework governing the Bangladeshi fishery sector needs to be
improved through measures such as governance reform, increasing
coordination between administrative bodies and education of key
stakeholders, including fishermen. In de-veloping a comprehensive legal
framework, cultural, social and eco-nomic barriers of the targeted
communities need to be considered, and the communities should be
consulted. The perceptions of the local community should be taken into
consideration. Finally, ensuring good governance at each step is
recommended as a fundamental prerequisite for sustainable utilization and
management of coastal and marine living resources.
Acknowledgements
The authors would like to thank all the participants in the fisher
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Marine Policy 87 (2018) 255–262
group for the interviews, without whom none of this would have been
possible. We would like to thank the anonymous reviewers and editor for their
useful comments on this paper.
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