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5[2. In this Act, unless there is anything repugnant in the subject or context,-
(1) “Current Jal” means fishing net made of monofilament synthetic nylon fibre of different mesh sizes;
(2) “Fish” includes all cartilaginous, bony fishes, prawn, shrimp, amphibians, tortoise, turtles, crustacean animals, molluscs, echinoderms and frogs at all stages in their life history;
(3) “Fishery” means any water body, natural or artificial, open or closed, flowing or stagnant (such as river, haor, baor, beel, floodplain, canal etc.) where activities for growing fish, or for conservation, development, demonstration, breeding, exploitation or disposal of fish or of living organisms related to such activities are undertaken, but does not include an artificial aquarium of fish used as decorative article, pond or tank;
(4) “Fishery Officer” means any person whom, the Government or any officer empowered by the Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or by any rule made thereunder to be done by such officer:
Provided that, no police officer shall be so empowered;
(5) “Fishing net” means the nets which are specially meant for catching different species of fishes from water bodies and it is one type of fishing gear made of different types of yarns including synthetic yarns of different mesh sizes other than Current Jal. The common tanning materials of net are fruit of gab (Diospyros embryopteris) bark of Goran (Ceriops roxburghiana) and Coal-tar;
(6) “Fixed engine” means any net, cage, trap or other contrivance for catching fish, fixed in the earth or made stationary in any other way 6[;]
7[(7) “Fish Sanctuary” means any area within or a whole water body declared by the Government in the Official Gazette where fish and other aquatic life are protected, allowing them to breed, thrive and move freely in a safe and suitable environment.]
3. (1) The 8[* * *] Government may make rules for the purposes hereinafter in this section mentioned.
9[(2) The Government may, by notification, apply such rules or any of them to any water or waters.]
(3) Such rules may-
(a) prohibit or regulate all or any of the following matters, that is to say,-
(i) the erection and use of fixed engines;
(ii) the construction, temporary or permanent, of weirs, dams, bunds, embankments and other structures;
(iii) the use or method of operation of any kind of 10[fishing net] and the size of the mesh of any 11[fishing net];
12[(iv) the manufacture, import, marketing, carrying, transporting or possessing of such fishing nets, traps, gears and other contrivances as may be specified in the rules;]
13[(b) prohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow and arrow in inland water or within coastal territorial waters or Bangladesh marine fisheries waters;
Explanation.- For the purposes of this clause, “Bangladesh marine fisheries waters” means “Bangladesh marine fisheries waters” defined by clause (10) of section 2 of the Marine Fisheries Act, 2020 (Act No XIX of 2020).]
(c) prohibit the destruction of, or any attempt to destroy, fishes by the poisoning of waters or the depletion of fisheries by pollution by trade effluents or otherwise;
(d) prescribe the seasons during which the killing or catching of fishes of any prescribed species shall be prohibited;
(e) prescribe a minimum size below which no fish of any prescribed species shall be killed or sold; 14[* * *]
(f) prohibit all fishing in all waters or in any specified waters for a specified period 15[;
(g) prohibit the destruction of or any attempt to destroy fishes by drying or dewatering of any fishery:]
Provided that the 16[* * *] Government may for the purpose of pisciculture, collection of data and scientific investigation for biological study on fish permit the catching of fishes in any closed season or in any prohibited water or below the prescribed minimum size and disposal thereof subject to the condition of the licence issued for the purpose 17[;]
18[(h) declare ‘Fish Sanctuary’ wherein catching or harvesting of fish or other aquatic organisms shall be prohibited either permanently or for the specific period for the purpose of protection and conservation of fish and aquatic organisms.]
19[(4) In making any rule under this section, the Government may provide for-
(a) the seizure, removal and forfeiture of any fixed engine 20[, finishing net, Current Jal] or any other contrivance erected or used for fishing in contravention of the rules;
(b) the forfeiture of any fishes taken by means of any such fixed engine 21[, finishing net, Current Jal] or any other contrivance; and
22[(c) the procedure for disposal of forfeited fixed engine, fishing net 23[, Current Jal] or other contrivance or forfeited fish.]]
(5) The power to make rules is subject to the condition of previous publication; and the date to be specified under clause
(3) of 24[section 23 of the General Clauses Act, 1897,] shall not be less than two months from the date on which the draft of the proposed rules was published.
(6) All such rules shall be published in the official Gazette and shall, unless some later date is appointed, come into force on the date of such publication.
29[5. (1) The breach of any rule made under section 3 or of any prohibition notified under section 4 shall be punishable with rigorous imprisonment for a term which 30[may extend to 2 (two) years, or with fine which may extend to 5 (five) lakh] Taka, or with both.
(2) The breach of any prohibition, described in section 4A, in connection with-
(a) manufacture, fabrication, import, marketing or storing of Current Jal by any person shall be punishable with rigorous imprisonment for a term which 31[may extend to 3 (three) years, and shall also be liable to fine which may extend to 10 (ten) lakh] Taka; and
(b) carrying, transporting, owning, possession or use of Current Jal by any person shall be punishable with rigorous imprisonment for a term which 32[may extend to 1 (one) year, or with fine which may extend to 2 (two) lakh] Taka, or with both.]