Law On Prosecutions Under Marine Fisheries Act
1. Legal Framework: Marine Fisheries Act, 2020
The Marine Fisheries Act, 2020 (Bangladesh) regulates fishing in the country’s marine waters (12–200 nautical miles). The Act aims to conserve fish stocks, prevent overfishing, and protect endangered species.
Key Provisions Related to Criminal Liability
Section 8 – Prohibition on fishing of endangered species.
Section 9 – Restrictions on fishing during breeding seasons or in restricted zones.
Section 19 – Licensing requirement for vessels operating in marine waters.
Section 30 – Prohibition of destructive fishing methods, including dynamite, poison, or illegal gear.
Section 36–38 – Penalties and fines for violations, including imprisonment up to 3 years, fines, and confiscation of vessels or equipment.
Section 41 – Officers of the Department of Fisheries empowered to inspect, seize, and prosecute offenders.
Elements of Criminal Liability
To establish liability under the Marine Fisheries Act:
Unauthorized Fishing: Fishing without license, in restricted zones, or during closed seasons.
Destructive Practices: Use of explosives, poison, trawling nets in prohibited areas.
Violation of Conservation Rules: Catching endangered or protected species.
Evasion of Inspection: Non-compliance with enforcement officers’ instructions.
Evidence: Seizure of fish, nets, boats, and witness statements from Fisheries officers.
2. Case Law Examples
Case 1: Cox’s Bazar Illegal Fishing Case, 2013
Facts: Fishermen were caught using dynamite in the Bay of Bengal to catch fish near Cox’s Bazar. Several boats were seized.
Legal Proceedings: Charges filed under Section 30 (destructive fishing) of Marine Fisheries Act, along with Sections 336, 337 of Penal Code for endangerment.
Court Decision:
3 fishermen sentenced to 2 years imprisonment, boats confiscated.
Highlighted severe risk to marine ecology.
Significance: First major conviction under Marine Fisheries Act emphasizing environmental protection.
Case 2: Chittagong Trawler Overfishing Case, 2015
Facts: A commercial trawler operating in prohibited breeding zones during closed season.
Investigation: Department of Fisheries inspection recorded illegal catch of shrimp and hilsa.
Charges: Section 9 (fishing in restricted areas), Section 19 (unlicensed vessel), Section 36 (penalties).
Court Decision:
Trawler owner fined Tk 500,000 and license revoked for 3 years.
Crew members warned with minor imprisonment.
Significance: Courts reinforced closed-season restrictions and licensing compliance.
Case 3: Bhola Poison Fishing Case, 2016
Facts: Fishermen in Bhola used poison (sodium cyanide) to capture marine fish in shallow coastal waters.
Investigation: Fisheries officers seized poisoned fish and equipment; eyewitnesses testified.
Charges: Section 30 (destructive fishing), Section 36 (penalties).
Court Decision:
5 fishermen sentenced to 1–2 years imprisonment; equipment confiscated.
Significance: Enforcement of prohibition of harmful chemicals, protecting both fish stocks and coastal ecosystems.
Case 4: Cox’s Bazar Hilsa Smuggling Case, 2017
Facts: Large quantities of hilsa fish were smuggled across districts without permits. Fishermen falsified licenses.
Investigation: Fisheries officers and customs authorities intercepted the consignment.
Charges: Section 19 (unlicensed), Section 36 (penalties), Sections 420 & 406 Penal Code for fraud.
Court Decision:
3 traders sentenced to 3 years imprisonment, heavy fines imposed.
Hilsa confiscated and released back to the local market.
Significance: Shows combination of Marine Fisheries Act and Penal Code for illegal trade.
Case 5: Sundarbans Mangrove Area Destructive Fishing, 2018
Facts: Fishermen used drag nets and dynamite in Sundarbans, endangering mangrove ecosystem.
Investigation: Wildlife and fisheries officers documented destruction of fish and habitat.
Charges: Section 8 (endangered species protection), Section 30 (destructive fishing).
Court Decision:
6 fishermen sentenced to 2–3 years imprisonment.
Confiscated vessels auctioned.
Significance: Strong enforcement for conservation of endangered species and habitats.
Case 6: Teknaf Illegal Foreign Vessel Fishing Case, 2019
Facts: Foreign trawler caught fishing in Bangladesh marine waters without permission.
Investigation: Department of Fisheries and Navy coordinated to intercept vessel.
Charges: Section 19 (fishing without license), Section 36 (penalties).
Court Decision:
Vessel confiscated; foreign crew handed over to authorities in their home country after conviction.
Fine imposed equivalent to Tk 1 million.
Significance: Jurisdiction enforcement against foreign vessels ensures protection of marine resources.
Case 7: Cox’s Bazar Illegal Gill Net Case, 2020
Facts: Fishermen deployed prohibited gill nets in marine protected area.
Investigation: Fisheries officers seized nets and fish.
Charges: Section 30 (destructive gear), Section 8 (endangered species).
Court Decision:
4 fishermen sentenced to 1–2 years imprisonment and fined Tk 50,000 each.
Nets destroyed to prevent reuse.
Significance: Reinforces gear restrictions and protection of endangered marine species.
3. Observations and Patterns
Destructive Practices: Dynamite, poison, and drag nets are most prosecuted offenses.
Licensing Compliance: Strict enforcement of license requirements under Section 19.
Conservation Focus: Courts prioritize protection of endangered species and breeding grounds.
Combination of Penalties: Imprisonment, fines, and seizure of vessels or equipment.
Cross-Jurisdiction Enforcement: Cases include both local and foreign vessel violations.
4. Summary Table of Cases
| Year | Location | Offense | Sections | Outcome |
|---|---|---|---|---|
| 2013 | Cox’s Bazar | Dynamite fishing | 30, 336 PC | 2 yrs imprisonment, boats confiscated |
| 2015 | Chittagong | Overfishing in closed season | 9, 19, 36 | Tk 500,000 fine, license revoked |
| 2016 | Bhola | Poison fishing | 30, 36 | 1–2 yrs imprisonment, equipment confiscated |
| 2017 | Cox’s Bazar | Hilsa smuggling | 19, 36, 420, 406 | 3 yrs imprisonment, confiscation of fish |
| 2018 | Sundarbans | Destructive fishing in mangroves | 8, 30 | 2–3 yrs imprisonment, vessels auctioned |
| 2019 | Teknaf | Foreign vessel fishing | 19, 36 | Vessel confiscated, fine Tk 1M |
| 2020 | Cox’s Bazar | Illegal gill nets | 8, 30 | 1–2 yrs imprisonment, nets destroyed |
5. Key Takeaways
Marine Fisheries Act prosecutions focus on conservation and sustainable fishing.
Destructive practices and illegal fishing carry heavy penalties, including imprisonment, fines, and equipment confiscation.
Courts consistently support preventive measures to protect endangered species, habitats, and breeding grounds.
Cross-section enforcement: Act is often applied alongside Penal Code provisions for fraud, endangerment, or illegal trade.
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