Bangladesh Merchant Shipping Ordinance. 1983 (Ordinance No. XXVI of 1983)

Some of the prohibited methods for fishing 27. The use of explosives, etc. is prohibited: (l) If any person is in the Marine Fisheries Waters of Bangladesh a) Kills fish or catches fish by making them unconscious or disabled or uses explosives, poisons or any other harmful substance for the purpose of harvesting fish easily in any other way; b) Carries or possesses explosives, poisons or any other harmful substance for the purposes described in clause (a); c) Using or prohibiting the use of prohibited methods for fishing or carrying or possessing or controlling the prohibited equipment for fishing in fishing vessels; Or d) Accepts or possesses such fish in spite of knowing or having reasonable reason to believe that the fish has been harvested in violation of this section or Rules; In that case, the Act shall be an offense and for such offense he shall be punished with imprisonment for a term not exceeding 3 (three) years or with a fine not exceeding l (one) crore Bangladeshi taka (BDT), but not less than one-third of the fine specified in this section or both. (2) If explosives, poisons or any other harmful substance or fishing equipment described in sub-section (1) are found in a fishing vessel, unless the contrary is proved, it shall be presumed that it has been kept for the purpose described in sub-section (1). (3) The Government may, by notification in the Official Gazette, prohibit any method or equipment which may harm the environment, natural balance and fisheries resources of the Marine Fisheries Waters of Bangladesh.

Crimes committed by foreign fishing vessels without a license. If any foreign fishing vessel without a license - a) Enter the Marine Fisheries Waters of Bangladesh; b) By harvesting fish or taking the initiative to harvest; c) Loading, unloading or transship or buying and selling fish from one vessel to another; d) Illegally transporting, smuggling or otherwise harming or harming the fisheries resources or the environment; or taking initiative to do so or to cooperate such kind of work; Or e) Loads or unloads fuel supplies; If [it does] so, it will be a crime.

"Local fishing vessel" means any fishing vessel which [is] a) Wholly owned by a citizen of Bangladesh, or b) A fully owned vessel of a company, society or any other association established by law, of which 51 (fifty-one) percent of the total ownership is owned by the citizens of Bangladesh and the vessel registered in Bangladesh and conducting fishing activities as a flag bearer of Bangladesh, or in any other joint venture or subject to the approval of the Government. c) Any vessel operated under the ownership of the entirely government or under the ownership of a statutor) body by the law of Bangladesh.

Application for license: (1) The owner of a fishing vessel shall, in order to obtain a license for the purpose of harvesting fish, apply to the Director in the prescribed manner. (2) The following documents or information shall be attached with the application form, namely: a) Certificate of citizenship or nationality of the applicant; b) Valid documents for import or built of fishing vessels; c) In case of local fishing vessels, copy of Certificate of Registration and Certificate of Inspection issued under Bangladesh Merchant Shipping Ordinance, 1983 (Ordinance No. XXVI of 1983); d) Certificate of ownership of the tishing vessel; e) Receipt of payment of prescribed fee; f) Any other prescribed certificate or information. (3) The owner of a foreign fishing vessel has to attach a similar certificate issued by the concerned fishing vessel registration authority of his country in lieu of the documents mentioned in clauses (b) and (c) of sub-section (2). (4) Subject to the provisions of Sections 19 and 22, the Director may issue a license to the applicant within 30 (thirty) days of the submission of the application, in the prescribed manner, if the information or attached documents mentioned in the application received under sub-section (1) are deemed correct.

License suspension, revocation, etc. (1) The Director may suspend or revoke the license for any of the following reasons, if the owner of the fishing vessel: a) Has violated any of these laws or Rules or any condition of the license; b) Providing any false information or secretly obtaining a license; c) Has used the fishing vessel for any purpose other than fishing; d) Fails to take steps to renew the license for continuous 3 (three) years at a time; e) Transfers or selling licenses; f) Pollutes or has polluted river or sea water or environment by its fishing vessels; g) Has been convicted of any offense committed with the help of his fishing vessel; h) Death; j) Is convicted of 2 (two) times administrative fines or any other offense under this Act; Or k) Failure to comply with any other prescribed conditions. (2) The Director shall give notice to the owner of the fishing vessel to show cause within 30 (thirty) days of receipt of notice as to why his license should not be revoked before revocation of the license under sub-section (1) and his license may be suspended until the complaint mentioned in the notice is settled. (3) Unpon receipt of reply to the notice given under sub-section (2) a) If the reply is satisfactory, the Director may revoke the stay on the license and exempt the owner of the fishing vessel from the charges brought against him; b) If the reply is not satisfactory, he may revoke the license issued in his name by giving him the opportunity of private hearing.