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Expanding the Protected Area System to Incorporate Important Aquatic Ecosystems project Biodiversity Friendly Guidelines on Fisheries for the Wildlife Sanctuaries in Bangladesh Sundarbans Final Copy
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Page 1: Biodiversity Friendly Guidelines on Fisheries for the ...bforest.portal.gov.bd/sites/default/files/files...of biodiversity, ultimately effect on the food chain of dolphins. The author

Expanding the Protected Area System to Incorporate Important

Aquatic Ecosystems project

Biodiversity Friendly Guidelines on Fisheries for the

Wildlife Sanctuaries in Bangladesh Sundarbans

Final Copy

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Cover page photo:

Collection of PL by Md. Modinul Ahsan, Divisional Forest Officer, Khulna Division,

Bangladesh, and Project Director, Expanding the Protected Area System to Incorporate

Important Aquatic Ecosystems (EPASIIAE) Project, Bangladesh Forest Department & UNDP

Bangladesh.

Irrawaddy dolphin by Prof. Dr. Monirul H. Khan, Department of Zoology, Jahangir Nagar

University, Savar, Dhaka, Bangladesh.

Ganges River dolphin by Md. Rezaul Karim Chowdhury, Project Manager, Expanding the

Protected Area System to Incorporate Important Aquatic Ecosystems (EPASIIAE) Project,

Bangladesh Forest Department & UNDP Bangladesh.

The guideline prepared by-

Dr. Khandaker Anisul Huq

Professor

Fisheries and Marine Resource Technology Discipline

Khulna University, Khulna-9208

Bangladesh

&

National Consultant

Biodiversity Friendly Sectoral Guideline Specialist

(Tourism, Maritime Traffic and Industrial Development)

UNDP EPASIIAEP Project

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Preface

Aquatic mammals are important animals for balancing the biodiversity in the natural habitats.

Nowadays, because of climate change, environmental fluctuations and human interventions

most of the aquatic mammals in Bangladesh have been recognized as vulnerable species

throughout the river systems in the country, more especially in the Sundarban Reserve Forests

(SRF). Several organizations claimed this animals threatened, even thinking them to be extinct.

Therefore, global diversity of dolphins is declining day by day. Sundarbans supports the last

two remaining freshwater dolphins, the Endangered Ganges River Dolphin (Platanista

gangetica), and the Vulnerable Irrawaddy Dolphin (Orcaella brevirostris). In this report, the

author worked with different resource users and stakeholders and tried to find out the probable

cause of challenging dolphin and fish biodiversity in the sanctuary areas in SRF. The possible

causes for threatening dolphins including fishing activities into the meaningful boundary of

cetacean sanctuary, aquatic pollution and climate change. Fry collection, aquafarm discharge,

establishments and navigations are considered major causative agents for dramatic reduction

of biodiversity, ultimately effect on the food chain of dolphins. The author unravel the gaps in

the existing management policies of the government for protecting the aquatic biodiversity of

sanctuary areas in Bangladesh Sundarbans and finding out the potential actions that shall be

strengthen the existing management system. This guideline will be helpful for better

conservation of the aquatic biodiversity in the sundarban sanctuary areas through strengthening

biological and environmental support of aquatic organisms; and implementation of

management policies.

Khandaker Anisul Huq

25 May, 2018

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Executive summary

Aquatic mammals are very sensitive and one of the good indicators of climate changes. Now a

day due to climate change and anthropogenic activities these animals are being threatened and

some are going to be extinct, therefore global diversity of mammals are declining day by day.

Here in the contrast of Bangladesh these species are generally threatened with extinction across

their range. The possible causes for threatening dolphins include fishing activities, aquaculture

into the meaningful boundary of cetacean sanctuary, aquatic pollution and climate change. Fry

collection and over fishing in Sundarbans sanctuaries dramatically reduced the biodiversity,

which affect on the food chain of dolphins. Additionally fishing net, dams and barrage

construction on the migratory route restrict the movement of dolphins. In these circumstances

this is the high time to take necessary initiation for the protection and conservation of

cetacean’s species from extinct. Although many organizations around the world like IUCN,

UNDP, AquaFish are continuously working on the protection and conservation of these aquatic

and terrestrial organisms, and many regulations have been established on this issues. However,

the problem is proper implementation of those regulations. Considering those problems the

current research has been conducted with the aim to establish a biodiversity friendly guidelines

on fisheries for the wildlife sanctuaries that will focus the level of fishing activities in the

ecologically meaningful boundaries of cetaceans sanctuaries in sunderbans and also to find out

the gap of policy implementation in fisheries management related to cetaceans, create

alternative livelihood of coastal fisher communities as well as increasing awareness of the

resource users in Sunderbans.

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Table of Contents

Preface ....................................................................................................................................... 2

Executive summary .................................................................................................................... 3

Acknowledgement ..................................................................................................................... 7

List of Tables ............................................................................................................................. 8

List of figures ............................................................................................................................. 9

List of Acronyms ..................................................................................................................... 10

PART 1 .................................................................................................................................... 13

1 Introduction and overview .............................................................................................. 14

2.1 Reviews on Ganges River and Irrawaddy Dolphin ............................................ 15

2.1.1 Biology of dolphin ......................................................................................... 15

2.1.2 Threats to Dolphin in Bangladesh Sundarbans .............................................. 22

2.1.3 Human intervention ........................................................................................ 22

2.1.4 Natural calamities and environmental changes .............................................. 25

2.1.5 Freshwater flow and salinity fluctuations ...................................................... 26

2.1.6 Pollution ......................................................................................................... 26

2.1.7 Degradation of fish biodiversity ..................................................................... 27

2.1.8 Trophic structure/ food chain in Sundarbans ecosystem ................................ 28

2.1.9 Disturbances: e.g. unplanned tourism, navigation, net barriers etc. .............. 29

2.1.10 Management and conservation strategies for Dolphin sanctuaries ................ 30

2.1.11 Existing Acts in Bangladesh .......................................................................... 33

2.1.12 Existing international policy issues (Nepal) .................................................. 35

PART 2 .................................................................................................................................... 36

3 Situation analysis ............................................................................................................ 37

3.1 Context ............................................................................................................... 37

3.1.1 National context ............................................................................................. 37

3.1.2 Climate and geographic context ..................................................................... 39

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3.1.3 Biodiversity significance ................................................................................ 39

3.1.4 Ecological and biodiversity context of the Sundarbans ................................. 41

3.2 Administrative and governance context............................................................. 46

3.3 Socio-economic context ..................................................................................... 46

3.4 Profile of fishers in the sundarban area.............................................................. 47

3.5 Fisheries in Sundarbans ..................................................................................... 48

3.5.1 Fish species .................................................................................................... 49

3.5.2 Crustacean species ......................................................................................... 49

3.5.3 Common gears ............................................................................................... 49

3.5.4 Destructive gears ............................................................................................ 49

3.5.5 Illegal fishing ................................................................................................. 50

3.5.6 Livelihoods of Sundarban resource users ...................................................... 50

3.5.7 Killing fish stocks in Sundarbans ................................................................... 51

3.5.8 Sundarbans: Fisheries and Fishing Communities .......................................... 51

3.6 Gaps in existing management and conservation ................................................ 52

Part 3 ........................................................................................................................................ 56

4 Guidelines for biodiversity friendly Dolphin sanctuaries effectiveness ......................... 57

4.1 Guidelines for fisheries ...................................................................................... 57

4.1.1 Mesh size regulation ...................................................................................... 57

4.1.2 Habitat restoration .......................................................................................... 57

4.1.3 Controlling upstream river flow and tidal river management ........................ 57

4.1.4 Identification of fish and dolphin feeding, nursery and breeding ground .. 57

4.1.5 Expansion of sanctuary areas ......................................................................... 58

4.1.6 Fisheries stock assessment ............................................................................. 58

4.1.7 Catching fish larvae beyond SRF ................................................................... 58

4.1.8 Control of pollution and industrial development ........................................... 58

4.1.9 Fishing ban ..................................................................................................... 59

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4.1.10 Sustainable fisheries ....................................................................................... 59

4.1.11 Illegal fishing ................................................................................................. 59

4.1.12 Navigation routs ............................................................................................. 59

4.1.13 Disposal of industrial wastes .......................................................................... 60

4.1.14 Livelihoods ..................................................................................................... 60

4.1.15 Physical construction in water ways .............................................................. 60

4.1.16 Task-force and volunteer committee .............................................................. 60

4.1.17 Licensing and fishing permit .......................................................................... 60

4.1.18 Empowering mobile court .............................................................................. 61

4.1.19 Inter-sectoral responsibilities ......................................................................... 61

4.2 Other sundarban resource users ......................................................................... 63

Part 4 ........................................................................................................................................ 64

5 Conclusion ...................................................................................................................... 65

Part 5 ........................................................................................................................................ 66

6 References ...................................................................................................................... 67

Part 6 ........................................................................................................................................ 79

7 Annexure ........................................................................................................................ 80

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Acknowledgement

The authors acknowledge the financial support of Expanding the Protected Area System to

Incorporate Important Aquatic Ecosystems project, UNDP to conduct the present study. This

special study was financed by UNDP, a nonprofit international development agency that

harnesses the potential of biodiversity conservation, caetacean protection, fisheries and

aquaculture to strengthen livelihoods and improve food and nutrition security.

We express deep respect to Md. Modinul Ahsan, Project Director and Md Rezaul.Karim

chowdhury; Project Manager, of this project for the encouragement and warm support. We are

also grateful to participants of workshops, questionnaire interviewees, resource persons and

expert members for their cooperation to complete this work. Special gratitude to the officers

and specialists of Bangladesh Forest Department, Department of Fisheries and Bangladesh

Fisheries Research Institute for their kind suggestion, recommendation and sincere cooperation

to develop the report.

Heartiest appreciation goes to Shikder Saiful Islam and Joyanta Bir, Assistant Professor,

Fisheries and Marine Resource Technology Discipline, Khulna University, Bangladesh for

their sincere co-operation in work design, conducting workshop, and writing reports.

High appreciation also goes to Ramisa Nowshin and Chayan Biswas, MSc student of Fisheries

and Marine Resource Technology Discipline, Khulna University for their voluntary support for

conducting this study.

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List of Tables

Table 1. International conventions and treaties related to aquatic ecosystems signed by

Bangladesh. .............................................................................................................................. 31

Table 2. Responsibilities of stakeholders for protecting aquatic biodiversity in Bangladesh

Sundarbans sanctuary areas. .................................................................................................... 61

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List of figures

Figure 1. Fishing activities in Sundarban areas near dolphin sanctuaries using banned nets

(photo curtsey, Md. Modinul Ahsan). ...................................................................................... 23

Figure 2. The forest fear: with the construction of a power plant in Rampal and the continued

industrialisation in Mongla, the outskirts of the Sundarbans will lose its ecological balance,

affecting the lives of humans, animals and plants dependent on the bounty of the forest and its

surrounding (Proposed Rampal Power Station. Photo Courtesy: Bangladesh-India Friendship

Power Company (Pvt.) Limited (BIFPCL))............................................................................. 24

Figure 3. Water of a small canal has turned into pitch black by the oil spilling from the sunken

ship in the Sundarbans region Bangladesh, which endangered fish along with dolphin and other

aquatic and terrestrial mammals (The Ecomonic Times, Dec 19 2014; The stream, Dec 12

2014). ....................................................................................................................................... 25

Figure 4. Fishing down the food web impact severely on the food community of dolphin and

other predators (Pauly and Reg, 2009). ................................................................................... 29

Figure 5. The main reason for the initial decline of the Indus river dolphin population was the

construction of numerous dams and barrages that began in the 1930s. This construction split

the population into small groups, degraded their habitat and impeded migration. Now the major

threats include accidental capture in fishing nets, plus they are hunted for their meat, oil and

for use in traditional medicines (WWF, 2001). ....................................................................... 30

Figure 6. Workshop on strengthening the aquatic biodiversity conservation policies at Mongla,

near Sundarban area with Sundarban resource users and other stakeholders. ......................... 39

Figure 7. (A) Three saline zones of BSMF in 1983 (Chaffey et al., 1985) but divided in to two

zones with approximate Curtis demarcation in 1930’s, by a dotted line (Curtis, 1933); (B) A

largely different distribution pattern of the three zones was found after about 10 years (Siddiqi,

1994); (C) Seasonal variation of salinity in the Passur River water (at Mongla) and surface soil

of Sarankhola, Chandpai and Satkhira ranges in the late 1980s (Hassan et al., 1990). ........... 42

Figure 8. Distribution of Irrawaddy dolphins and Ganges river dolphins. A) Map of the

Sundarbans mangrove forest, Bangladesh, including sighting data of Ganges river dolphins

(triangles) and Irrawaddy dolphins (circles) (Jensen et al., 2013). .......................................... 46

Figure 9. Strategies for increasing the strength of gear restriction regulation for conservation

of Sundarban dolphin population. ............................................................................................ 50

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List of Acronyms

ASA Association for Social Advancement

BAPA Bangladesh Poribesh Andolon

BARI Bangladesh Agricultural Research Institute

BBS Bangladesh Bureau of Statistics

BCAS Bangladesh Centre for Advanced Studies

BCDP Bangladesh Cetacean Diversity Project

BFRI Bangladesh Forest Research Institute

BIFPCL Bangladesh-India Friendship Power Company (Pvt.) Limited

BLRI Bangladesh Livestock Research Institute

BNH Bangladesh National Herbarium

BPATC Bangladesh Public Administration Training Centre

BRRI Bangladesh Rice Research Institute

CARINAM Centre for Advanced Research in Natural Resources & Management

CBO Community based organizations

CI Community Institutions

CMC Co-Management Committees

CMFRI Central Marine Fisheries Research Institute

CNRS Centre for Nature Resources Studies

CPD Centre for Policy Dialogue

CSO Civil Society Organizations

DFID Department for International Development

DOE Department of Environment

e.g. For Example

ECNEC The Executive Committee of the National Economic Council

EIA Environmental Impact Assessments

etc. Et cetera

FA Forest Academy

FAO Food and Agriculture Organization

FD Forest Department

Fig Figure

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FRSS Fisheries Resource Survey System

Ft Feet

GBM Ganges-Brahmaputra-Megna

GEF Global Environment Facility

Hp Horsepower

i.e. For Example

IFES Institute of Forestry and Environmental Sciences

IPAC Integrated Protected Area Co-Management

IUCN International Union for Conservation of Nature

IUCN International Union for Conservation

IWM Institute of Water Modelling

MoEF Ministry of Environment, Forest and Climate Change

NACOM Nature Conservation Management

NAEM National Academy for Educational Management

NAPD National Academy for Planning and Development

NBSAP National Biodiversity Strategy and Action Plan

NCS National Conservation Strategy

NEC The National Economic Council

NEMAP National Environment Management Action Plan

NGO Non-governmental organization

NGOs Non-Governmental Organizations

NIPORT :National Institute of Population Research and Training

NTFP Non-timber forest products

PA Protected Area

PL Post Larvae

POBA Poribesh Bachao Andolon

SBCP Sundarbans Biodiversity Conservation Project

SEMP Sustainable Environment Management Programme

SHG Self Help Groups

SPARRSO Bangladesh Space Research and Remote Sensing Organization

UNDP United Nations Development Program

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UNDP United Nations Development Programme

VF Village Forum

WCS Wildlife Conservation Society

WCS Wildlife Conservation Society

WWF World Wide Fund for Nature

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PART 1

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1 Introduction and overview

World’s largest tract of mangrove, the Sundarbans supports Asia’s last two remaining species

of freshwater dolphins, the Endangered Ganges River Dolphin (Platanista gangetica), and the

Vulnerable Irrawaddy Dolphin (Orcaella brevirostris). While these species are generally

threatened with extinction across their range, both occur in the Sundarbans in populations large

enough for early conservation interventions to be effective in ensuring their long-term survival.

In 2012, the Government of Bangladesh declared three Dolphin Protected Areas comprising of

six channels each with five km segments that support especially high densities of these two

dolphin species. A few projects have also been implemented in the Sundarbans in the past for

the sustainable management of cetacean ecosystem. In spite of the efforts and the existing legal,

policy and institutional arrangements, the Sundarbans’ ecosystems in general and the three

protected areas in particular are facing increasing threats due to over exploitation and

unsustainable method harvesting resources associated to dolphin, poaching, unsustainable

livelihood, industrial development, maritime traffic, unplanned tourism etc.

In this backdrop UNDP Bangladesh in partnership with Bangladesh Government and with

support from GEF is taking up the ‘Expanding the Protected Areas System to Incorporate

Important Aquatic Ecosystems’ project to implement some long term solution and removing

barriers to strengthen conservation management of the globally significant aquatic biodiversity

of the Sundarbans taking into account development imperatives, need for sustaining livelihoods

and retrogressive factors including climate change. The goal of this study was sustainable

management of aquatic biodiversity in the Sundarbans through strengthening the fisheries

management and conservation policies. The immediate objective of the project is to build

capacity to effectively manage the existing protected areas established for dolphin conservation

and also expand their operational coverage while still meeting the livelihood aspirations of

local communities especially the fishers.

Specific objectives of the study:

1. To find out the level of fishing activities in the ecologically meaningful boundaries of

cetaceans in Sundarbans sanctuaries.

2. Knowing livelihood adaptations of Sundarban resource users during environmental

uncertainties or policy implementation.

3. To explore the gap of existing management and conservation policies, and finding

shortfalls in applying the policies by different sectors.

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4. Developing a guideline for strengthening existing fisheries regulations through

stakeholders’ participation, and enhancing organizational capacity to effectively

manage the existing protected areas established for dolphin conservation.

5. To increase awareness among the resource users on dolphin protection.

2.1 Reviews on Ganges River and Irrawaddy Dolphin

2.1.1 Biology of dolphin

Scientific position

Scientific position of Irrawaddy dolphin

Kingdom: Animalia

Phylum: Chordata

Class: Mammalia

Order: Artiodactyla

Infraorder: Cetacea

Family: Delphinidae

Genus: Orcaella

Species: O. brevirostris (Wikipedia, 2018)

Scientific position of Ganges river dolphin

Kingdom: Animalia

Phylum: Chordata

Class: Mammalia

Order: Artiodactyla

Infraorder: Cetacea

Family: Platanistidae

Genus: Platanista

Species: P. gangetica (Wikipedia, 2018)

Habitat and ecology

Dolphins usually live in small groups or alone. (Kasuya and Haque, 1972) found that 90% of

the groups and 80.4% of total dolphins are seen during the dry season of Meghna and Jamuna

Rivers of Bangladesh were solitary individuals. However, reports from the 19th century speaks

of large school to seen near largest towns on the Ganges. (Reeves and Brownel, 1989)

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The Irrawaddy dolphin thrives in tropical and subtropical waters of the Indo-Pacific region on

and near shallow coastal waters. The countries where this species dwells are Vietnam,

Cambodia, Singapore, Thailand, Indonesia, Burma, Laos, Philippines, Bangladesh, Brunei,

India, and Malaysia. It inhabits coasts, rivers, estuaries, deltas and large lakes of its distribution

zone, regularly near the mangroves. Almost all sightings have happened not more than 1.6

kilometers away from the coast and a less than 5 kilometers, and apparently, they do not usually

live in deep waters (Dolphins-World, 2017)

Irrawaddy dolphins prefer coastal areas associated with the muddy, brackish waters at river

mouths, ranging offshore as far as the extent of the freshwater plume often only a few km but

more than 60 km at the Meghna River mouth in Bangladesh (Smith et al., 2005). In rivers and

mangrove channels, the species is most often observed at channel confluences and divergences

and downstream of sharp meanders. They have been seen in the same area as finless porpoises

in coastal waters of Bangladesh and Myanmar (Smith et al., 2005), and Ganges River dolphins

in the waterways of the Sundarbans mangrove forest (Smith et al., 2006).

The Ganges River dolphin distribution is limited to the east of India. It inhabits the freshwater

system Ganges-Brahmaputra-Megna (GBM) and the Karnaphuli-Sango river systems, and

their tributaries, which run through Nepal, Bhutan, and Bangladesh. It inhabits large sections

of these rivers or their tributaries from the tidal zone to the foothills of the Himalayas, the

Cachar Hills (District of India) and the Garo Hills of Meghalaya (Indian state). During the

flooding season, these dolphins leave the main canals and reach the temporary tributaries and

flooded lowlands. It is most frequently found in bodies of countercurrent water located between

the convergence of channels and meanders (pronounced curves) and occasionally go to

channels and reservoirs. Their habitat has a depth of 3 to 9 meters, and water temperatures

between 8 and 33 Celsius degrees (Dolphins-World, 2017).

Food and feeding

Although it has visible teeth in the jaws, it does not use them to chew but to hold their prey

firmly. Its eyes are not useful to find food because in the muddy waters of its habitat they are

not required, that is, it is an animal functionally blind, so it uses echolocation to detect prey.

This dolphin usually swims with a fin touching the riverbed to feel the sediments since animals

hide there. Its snout is very useful for this. Once it finds a suitable prey, it holds the victim with

the jaws and begins to swallow it whole starting from the head so that the scales (if the prey

has them) do not hurt its throat. It does not always look for food at the riverbed. It’s most

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common practice is finding a school of fish near the surface and drag them to the bottom to eat

them (Dolphins-World, 2017).

Irrawaddy dolphins, feed on fishes, crustaceans, cephalopods, and fish eggs. Two species of

cyprinid fish are thought to be important food sources for Irrawaddy dolphins found. Carp is

the primary species consumed in other areas (Marinebio, 2018). It is a carnivorous cetacean

that feeds on several species of cephalopods, fish, crustaceans and fish eggs. It establishes a

strategy of cooperation in groups composed of 6-15 dolphins. To hunt, they can spit water to

attract more fish and even hit large species with their lower jaw, perhaps in an attempt to play

before eating. In some regions of Asia these dolphins fish in cooperation with local fishers

which call them, and surprisingly the dolphins come swimming in semicircles and hauling the

fish to the surface. Thus both parties benefit since the dolphins feed themselves with the fish

stunned or trapped in the edges of the boat (Dolphins-World, 2017).

Ganges River dolphins are catholic feeders and feed on several species of fishes, invertebrates

(Sinha et al., 1993), and possibly turtles and birds. They exhibit active foraging behavior in the

morning (0700 hrs- 1000 hrs) and after noon (1500 hrs - 1700 hrs). These are some of their

usual prey– Common carp, Gobio, Prawn, Freshwater sharks, Mahseer fish (Family

Cyprinidae), Shrimp. The dolphins have been observed chasing and preying upon surface

dwelling fish species, such as Rhinomugil corsula. On some occasions it was noticed that they

drive fishes to a particular area for community feeding (Sinha et al., 1993)

Reproductive biology

Irrawaddy- Individuals reach sexual maturity at around 3-9 years of age and the mating season

is variable. For example, in the northern hemisphere dolphins mate from December to June and

births occur between June and August. The female delivers one single offspring after a

gestation period of 14 months. Researchers assume that, just as in other species, males mate

with and compete for several females. At birth, the offspring weigh about 10 kilograms and

measure about 1 meter. Six months later they are already able to consume fish, and after one

year and a half, they are usually completely weaned (Dolphins-World, 2017).

Though the breeding season of the Gangetic dolphin extends from January to June, newly born

calves can be seen even in other months. While mating usually takes place between March and

June, it has been observed even in July (Harison, 1972). Only a single baby is born after a

gestation period of about 9 months. At the time of birth, the neonate is about 70 cm and weighs

about 4 kg - 5 kg. The mother and calf remain together for about one year. Maternal care is

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presumed to be similar to that of other dolphin species, but in this case, after weaning (1 year

after birth), the offspring do not maintain ties with its mother. The male attains sexual maturity

at an age of about 10 years when they reach a length of 1.7 meters while the females are known

to attain sexual maturity at 10 or less years (Kasuya, 1972) when they are around 2m long

(Harison, 1972).

Distribution and Abundance

Irrawaddy Dolphins have a discontinuous distribution in coastal waters of the tropical and

subtropical Indo-Pacific, and are predominantly associated with freshwater inputs (Stacey and

Arnold, 1999; Smith, 2017). Coastal and estuarine populations occur from Borneo and the

central islands of the Indonesian Archipelago north to Palawan, Philippines, and west to the

Bay of Bengal, including the Gulf of Thailand. There are also freshwater subpopulations in

three large rivers: Ayeyarwady in Myanmar (up to 1,400 km upstream from the river mouth),

Mahakam in Indonesia (with a suspected current range between 90 km to 500 km upstream

from the river mouth and the area of highest density between 180 and 280 km from the mouth),

and Mekong in Cambodia and Lao People's Democratic Republic (a range of less than 200 km

between Kampi pool, near Kratie, Cambodia, and Khone Falls, Laos, some 690 km from the

river mouth). Within the extent of Irrawaddy Dolphin occurrence in these rivers, their area of

occupancy is concentrated in deep pools associated with confluences and above and below

rapids. Three other subpopulations inhabit marine-appended brackish water bodies: Chilika

Lagoon in India, Songkhla Lagoon in Thailand, and Malampaya Sound in the Philippines.

Although the map accompanying this assessment implies a continuous distribution throughout

the coastal areas of the species’ range, subpopulations are known to be fragmented and patchily

distributed, with long stretches of coastline where the species is now absent, either due to lack

of freshwater inputs or likely local extirpation. For example, while Irrawaddy Dolphins are

present in the coastal waters of the Trat Province, Thailand, they appear to be absent in the

neighboring provinces of Chanthaburi and Rayong in the upper Gulf of Thailand (Hines et al.,

2015). Similarly, while populations were documented in Kuching Bay and Similajau in

Sarawak, Malaysia, the species was not observed during repeated cetacean surveys off the coast

of Miri and the Baram River, where the species is known to have been present historically

(Minton et al., 2011; Pilleri and Gihr, 1974).

Ganges Dolphin occurs in the Indus, GBM, and KS river systems of the South Asian

subcontinent, from the deltas upstream to where movement is blocked by rocky barriers,

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shallow water, fast currents, dams, or barrages (low, gated diversion dams). The linear extent

of occurrence is now approximately 1,000 km (Braulik, 2006) and approximately 99% of the

dolphin population occurs in only 690 km of river, which corresponds to an almost 80%

reduction in effective linear range since the 1870s (Reeves, 1991).

The range of the Ganges subspecies (Ganges Dolphin) has declined progressively since the

nineteenth century when it was mapped by Anderson (1879). Historically it occurred through

several thousand kilometers of free-flowing river in India, Bangladesh, Nepal, and possibly

Bhutan. The downstream effects of at least ten dams and barrages constructed in the Ganges

main stem and tributaries have severely reduced and fragmented dolphin habitat (Smith and

Reeves, 2000). Dolphins have undergone roughly a 100 km decline in their range in the Ganges

River since the late 1800s, and disappeared from the upper Ganges between Haridwar and

Bijnor, and Narora and Kanpur. Historically, they were found year-round in the Yamuna River

approximately 400 km upstream to Delhi (Anderson, 1879), but in recent years, dolphins have

not been reported in this river above the Chambal River confluence during the dry season

because upstream channels have become too shallow and polluted to support dolphins (Sinha,

2000). In the northern Ganges tributaries, of the six dolphin subpopulations that were isolated

above or between barrages, three have been extirpated (in the Gandak River above the Gandak

Barrage, in the Sarda River above the upper and lower Sarda barrages and the Sone River)

(Sinha et al., 2000) and one has been reduced to insignificant numbers (in the Kosi River above

the Kosi Barrage) (Smith, 1993, Sinha and Kannan, 2014). A few Ganges Dolphins were still

present during the mid-1990s as far downstream in the Hoogly River as Kakdwip (Sinha,

1997), and more recent surveys suggest their continued presence between Farraka and the Bay

of Bengal in West Bengal, India (Chowdhury et al., 2016). The lack of adequate of water being

released downstream of Farraka Barrage has eliminated dry-season habitat for more than 300

km, or until the Ganges (Padma)-Brahmaputra confluence in Bangladesh (Smith et al., 1998).

Occasional reports of dolphins in the reservoir behind Kaptai Dam (built in 1961) of the KS

system occurred until the mid-1990s (Ahmed, 2000), but surveys in the late 1990s found no

evidence that any Ganges Dolphins survive there (Smith et al., 2001). Thus, the dam's

construction likely caused a substantial reduction in the subspecies’ range in southeastern

Bangladesh, but the absence of any historical information on occurrence in the upper

Karnaphuli makes any quantitative estimate of range reduction impossible Dolphins are

expected to have been extirpated from the Subansiri River because of periodic dramatic

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declines in river discharge from the newly completed Lower Subansiri hydroelectric project

(Baruah et al., 2012).

Behavior

Irrawaddy dolphins stay in groups of three to six individuals and are social within their pods.

They are also social outside of their group and mixing between groups has been reported. When

scouting areas, Irrawaddy dolphins raise their heads out of the water and rotate around to see

their surroundings. Irrawaddy dolphins swim slowly and display sluggish movements. When

they surface to take a breath, only the top of the head is visible and it is done quickly; only 14%

of all surfacing between long dives include rolling, splashing, or limb waving and slapping.

Before an Irrawaddy dolphin dives, it usually surfaces two times. The longest recorded dive is

over six minutes long. Irrawaddy dolphins have also been seen waving or slapping their flippers

and tail, breaching or partially leaping from the water, blowing bubbles, rolling sideways, and

pausing at the surface. Water spitting has been observed on numerous occasions, but the reason

for this behavior is unknown. Local fisherman report that they are able to identify individual

dolphins based on unique behaviors. (Mammalian Species Orcaella brevirostris, 1999; Status

and Conservation of Facultative Freshwater Cetaceans in Asia, 2002; Dawblin, 1972; Stacey

and Leatherwood, 1997).

Ganges River dolphins swim and vocalize constantly. Due to the turbid nature of the Ganges,

the underwater activities of Ganges dolphins in the wild are difficult to observe. Their short

surfacing time is also a major constraint for behavioral studies. A recent study recorded six

types of surfacing patterns, which were dependent on age-class and offshore distance of the

individual (Sinha et al., 2010a). Ganges River dolphins exhibit greater preference for the

surface than other river dolphins; even when swimming, which they do on their sides, they

occasionally keep their beaks out of water. Newborn calves frequently leap completely out of

the water.

The Ganges River dolphin is not usually considered to be gregarious. In one of the few

quantitative studies of group size, it was observed that 90% of the groups and 80.4% of the

total dolphins observed during the dry season in the Meghna and Jamuna Rivers of Bangladesh

were solitary individuals. While the calves accompany mothers, adults are normally found

alone or in small groups. However, other investigators reported groups of as many as 25 to 30

dolphins at the confluence of the Ganga and Gandak at Patna.

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Biodiversity and Conservation

Currently, the most immediate threat facing Irrawaddy dolphins is drowning in gill nets. The

threat of gill net entanglement occurs primarily during the dry season (December to May),

when dolphins settle in deep water pools. Dynamite and electric fishing occur in some

important habitats. These activities are causing depletion of the dolphin's fish supply and noise

from the explosions is potentially dangerous to dolphins. Due to the small population size and

their narrow distribution, it is quite possible that dam construction anywhere within their

habitat might critically endanger populations. Furthermore, uncontrolled tourism can harass

dolphins in important habitats during the dry season and interfere with normal activities, such

as feeding, resting, and socializing. Overfishing, collisions with boats and injuries from boat

propellers are also threats to their survival. (Facultative river dolphins: conservation and social

ecology of freshwater and coastal Irrawaddy dolphins in Indonesia, 2004; Status and

Conservation of Facultative Freshwater Cetaceans in Asia, 2002).

Ganges River dolphins are among the most endangered of all cetaceans. With rising human

populations in Southern Asia, the natural habitat of Ganges River dolphins has been extensively

modified and degraded. Agricultural and industrial discharges are polluting the river systems

in which these dolphins live and feed. In certain populations, the accumulation of heavy metals

and organochlorides is posing serious health risks to the animals. In addition, dangerously high

levels of arsenic in the water are a serious health threat to every animal using the water system,

including Ganges River dolphins. Human modifications to river systems are also impacting the

habitat of the dolphins. Over fifty dams affect populations of Ganges River dolphins, cutting

populations off from one another. Dams have caused the gene pools of Ganges River dolphins

to shrink, which could pose detrimental effects in future generations. Some engineering efforts

are underway to construct channels around dams for aquatic wildlife, including dolphins.

Ganges River dolphins are becoming more and more restricted to a smaller range. In Pakistan,

a few hundred river dolphins are restricted to roughly 1200 square kilometers of water. Many

local peoples regard these dolphins as a source of meat, oil and bait. Hunting has certainly

impacted the numbers of dolphins in the Ganges and Indus river systems. Also, Ganges River

dolphins are caught and drowned in fishing lines and nets, causing considerable fatalities. Bull

sharks that make their way into South Asian river systems are known to attack waders and

fishermen and are highly aggressive. Many of these attacks on local peoples are wrongly

blamed on Ganges River dolphins. While it is highly unlikely these dolphins would ever attack

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a human, their similar size and color to bull sharks results in their persecution by local peoples.

(Kannan et al., 1993; Perrin et al., 2002; Reeves and Leatherwood, 1994).

2.1.2 Threats to Dolphin in Bangladesh Sundarbans

Habitat destruction

Loss of whale and dolphin habitat is directly linked to increasing human activity in and along

marine environments. Landfills, harbours, shipping channels, fisheries and aquaculture (fish

farms) may all occupy or destroy areas that cetaceans need for feeding, resting and breeding.

Recreational use of marine areas, including resort development and increased boat traffic, may

drive away the whales, dolphins and porpoises that would normally use an area.

Habitat loss, particularly from dams in riverine populations, and degradation from declining or

altered freshwater flows affecting estuarine populations, is a looming conservation threat with

the potential for extirpating subpopulations and further fragmenting the already patchy

distribution of the species (Kreb et al., 2010; Peter et al., 2016a; Thomas and Gulland, 2017).

Water development projects such as dams and irrigation barrages (diversion dams) have

dramatically affected the habitat, abundance, and population structure of Ganges River

Dolphins also throughout its range. Barrages and dams are physical barriers that isolate

dolphins into small sections of river, fragmenting the population. In addition to fragmentation,

dams and barrages have degraded downstream habitat and created impoundments with high

sedimentation and altered assemblages of fish and invertebrate species. Canals branching from

the river channels upstream of barrages represent population "sinks", as dolphins enter them

with little or no prospect of safe return. Water diversion and use including intra- and inter-basin

transfers, will continue to be driven principally by the escalating demands for water from

agriculture, industry, and municipalities; by strategic considerations; and by the need to control

flooding. Dolphin will probably continue to decline as subpopulations are extirpated due to

habitat loss related to escalating water demands, large engineering structures (e.g., high dams,

barrages, and embankments), and long-term climate changes (Smith et al., 2010; Chaudhary et

al., 2012; Braulik et al., 2014).

2.1.3 Human intervention

Fishing

Dolphins mostly live within a few miles of the coast and occasionally venture into some

harbours, which can result in an overlap with commercial and amateur fisheries. Like whales,

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dolphins are susceptible to entanglement in commercial fishing gear. Dolphins are caught

accidentally in fishing nets in all areas where they have been studied (Smith et al., 2007). A

significant number of dolphins have died through accidental entanglement in nets.

Entanglement drowns dolphins when they are unable to reach the surface to breathe. A number

of dolphin species are on the verge of extinction for this very reason.

Of 49 Irrawaddy Dolphin deaths recorded in Bangladesh from February 2007 to December

2016, two thirds were judged to be due to entanglement, mostly in gillnets, based on net and

rope marks, entangled gear attached to the carcasses, and reports from fishermen (Thomas and

Gulland, 2017). Mortality has also been recorded in drift gillnets targeting elasmobranchs in

coastal waters of Bangladesh (Smith et al., 2008) and bottom-set gillnets targeting crabs in

Malampaya Sound (Smith et al., 2004a). Fishermen in some areas report that dolphins are

released if found still alive (Smith and Hobbs, 2002; Peter et al., 2016) but in the case of

drowned animals, the oil may be used for medicinal purposes or the flesh eaten (Smith et al.,

2004).

Mortality in fishing gear, especially gillnets, is a severe problem for Ganges Dolphins

throughout most of their range and is an increasing problem for Indus Dolphins. They are

particularly vulnerable because their preferred habitat is often in the same location as the

fishing grounds (Kelkar et al., 2010).

Figure 1. Fishing activities in Sundarban areas near dolphin sanctuaries using banned nets

(photo curtsey, Md. Modinul Ahsan).

Scientific interactions

Research on dolphins can potentially generate a threat to the dolphins themselves. This could

include tagging (including satellite or other transmitters), taking biopsy samples, or through

harassment. Permits and/or approvals are required to undertake research and will not be issued

if the research presents undue risks to the dolphins.

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Construction in marine areas

Coastal works and development create noise, potentially masking sounds dolphins use for

communication and navigation. They may also introduce pollution into the environment.

These activities may displace the dolphins from important habitat and make it harder for

dolphins to hunt and successfully produce offspring.

Figure 2. The forest fear: with the construction of a power plant in Rampal and the continued

industrialisation in Mongla, the outskirts of the Sundarbans will lose its ecological balance,

affecting the lives of humans, animals and plants dependent on the bounty of the forest and its

surrounding (Proposed Rampal Power Station. Photo Courtesy: Bangladesh-India Friendship

Power Company (Pvt.) Limited (BIFPCL)).

Oil/gas drilling and mineral mining

Seabed mining, drilling, and exploration, including seismic testing, is likely to have an impact

on dolphins. Potential impacts include:

Discharge plumes and suspended sediments may interfere with marine organisms, as well as

disturb the seafloor. This may impact dolphins by reducing or displacing the fish populations

they rely on for food. Dolphins might also change movement patterns as a result. Seabed

mining and seismic testing both introduce loud man-made noises into the marine environment.

Loud noises may overpower the sounds dolphins use to communicate, navigate, and find food.

Loud noises may disturb dolphins, causing them to be displaced from certain areas. Fish species

may also be disturbed by noise and vessels, leading to a loss of food sources for dolphins.

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Figure 3. Water of a small canal has turned into pitch black by the oil spilling from the sunken

ship in the Sundarbans region Bangladesh, which endangered fish along with dolphin and other

aquatic and terrestrial mammals (The Ecomonic Times, Dec 19 2014; The stream, Dec 12

2014).

2.1.4 Natural calamities and environmental changes

Climate change has a multitude of effects on the oceans which is having an adverse impact on

marine mammals such as dolphins and could become the biggest of all dolphin threats. As

ocean temperatures rise from climate change, prey populations can be affected. Climate change

also affects ocean currents altering prey distribution, feeding grounds, and migratory pathways.

The effect of Global Warming or seasonal weather changes has reduced their food sources,

impacting the survival of dolphins in the wild. Extreme weather events have been a possible

reason for the separation of calves from their mothers, resulting in the death of the calf.

Increases in the frequency of extreme weather events are predicted due to climate change,

which has the potential to adversely affect dolphins.

Other projected impacts of climate change include: reduction of available habitat for several

cetacean species unable to move into colder waters (e.g. Ganges river dolphins); an increased

susceptibility of cetaceans to diseases, like- a 2014 study of six Irrawaddy Dolphin populations

in Malaysia, Bangladesh, and India found varying degrees of presence of cutaneous skin

nodules, thought to be caused by a fibropapilloma. The progression of this disease may be

associated with environmental pollutants (Van Bressem et al., 2014), and as such may be an

indicator of habitat deterioration in the areas where it is detected. Climate change also reduces

reproductive success, body condition and survival rates. Carbon dioxide is also dissolving into

the oceans and making ocean waters more acidic which reduces the calcification of calcareous

skeleton organisms like- Molluscs, crustaceans, corals and some phytoplankton; thus negative

impacts on the food chain.

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2.1.5 Freshwater flow and salinity fluctuations

Deforestation and gold, sand, and gravel mining are causing major changes to the geomorphic

and hydraulic features of rivers and marine-appended lakes where Irrawaddy Dolphins occur

(Smith et al., 2007). Increased sedimentation resulting from deforestation in surrounding

watersheds has resulted in declining water depths. The accumulation of sediments led to

shrinkage of the opening channel and a dramatic decline in salinity.

Embankments cause sediments to be deposited in the riverbed instead of on the floodplain,

thereby eliminating or reducing the extent of the eddy counter-currents where dolphins are

generally found (Smith et al., 1998). They also restrict access to floodplain habitat critical to

the reproduction and growth of riverine fish species. Approximately 3,500 km of embankments

have been constructed in the Ganges mainstem and the Gandak, Buri Gandak, Bagmati,

Kamala, Yamuna, and Son tributaries (Mishra, 1999). Dolphins were apparently extirpated

from at least 35 km of the Punpun tributary of the Ganges after embankments were constructed

in 1975 (Sinha et al., 2000).

2.1.6 Pollution

Organochlorines Organochlorines are found in pesticides and some building materials, and reach dolphin habitat

via coastal runoff. Organochlorines are known to affect the breeding success of some marine

mammal species, in some cases resulting in sterility. They may also suppress their immune

system. Organochlorine and butyltin concentrations in samples from the tissues of Ganges

Dolphins were high enough to cause concern about effects (Kannan et al., 1993, 1994; Kannan,

1997, 2005; Senthilkumar et al., 1999). Pollutant loads can be expected to increase with

industrialization and the spread of intensive agricultural practices. River Dolphins may be

particularly vulnerable to industrial pollution because their habitat in counter-current pools

downstream of confluences and sharp meanders often places them in close proximity to point

sources in major urban

Metals

Metals such as mercury, lead and cadmium, which have little or no recorded biological

function, enter the environment through human activities. They don’t break down, and

accumulate over time. These metals are often toxic even at low concentrations. Data on the

effects of metal toxicity in cetacean species is sparse, and the risk from metal toxicity is

unquantified for dolphins.

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Oil spills

The extraction and transportation of crude oil poses a potential threat for dolphins. Polycyclic

aromatic hydrocarbons, such as those found in oil and gas, have been linked to cancers in some

species of marine mammals. The risk from these compounds is unquantified for dolphin.

Plastic debris

Marine mammals can become physically entangled in loops or openings of drifting plastic

debris. Entangled animals may suffer impaired ability to catch food or avoid predators. They

may also incur cuts, wounds and infections from the debris. Plastic ingestion could also pose a

threat to the dolphins.

Pathogens

Dolphins may be exposed to a range of pathogens that end up in the sea from farm run-off,

through sewer outfalls or shipping, and through direct or indirect contact with other marine

species. While there may be an anthropogenic source for some pathogens. Researches are

required to better understand the impacts of these pathogens on dolphins and how any impacts

can be avoided.

2.1.7 Degradation of fish biodiversity

Modern fishing techniques are vastly more effective than those used one hundred years ago.

As a result, many of the species that dolphins traditionally preyed upon have been dramatically

reduced in their abundance and about one-third of all fishing stocks worldwide have collapsed

like the sustained and heavy exploitation of small fishes of rivers by the wide spread use of the

mosquito nets in river may affect the prey base of the Ganges River dolphin. In fact, overfishing

has depleted fish populations to the point that in most of the world large scale commercial

fishing is not economically viable without government assistance. The fall in fish stocks is a

significant concern for humans too, but one that is not widely understood.

Shrinking tiger prawn population

The natural abundance of tiger shrimp seeds is fast reaching the threshold limit. It is fast

dwindling away from the natural waters of Sundarbans. The reasons too much over fishing at

various stages of its life cycle. As its post larval stage in estuaries, it is trapped by fine push

and drag nets and fine meshed bag nets (meen jal); the juveniles are trapped by bag nets

(behundi jal) in estuaries; the juveniles and pre adults are caught in marine waters by large bag

nets; the pre adults and adults by trammel nets. Even the spawns are not spared and are caught

from the open seas by trawl nets. (Mahapatra et al., 1999)

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Indiscriminate seed collection

Collection of seeds (post larvae) of tiger shrimp (Panaeus monodon) and freshwater prawn

(Macrobrachium rosenbergii) are one of the main sources of earning for the small and landless

fisher man and women of this area. (De et al., 1978) found that 7-99 mm post larvae and

juveniles were available throughout the year with peaks in June, July and December. This is

the preferred species for brackish water aquaculture and a brisk seed trade has developed in the

Sundarbans for post larval and early juvenile stages. During collection of economic prawn

seeds, the rural people segregate the seeds and destroy other 90 to 95 % of fish and prawn

seeds, which is leading towards the destruction of large number of estuarine species. A man-

made catastrophe that destroys major parts of a fish community (species) will have importance

relative to the fact that a large part of the human population of an area has had its protein source

eliminated or reduced. These problems call for immediate steps to bring back a balance

between the quantities of seeds produced in the nature and the quantity harvested shrimp and

prawn. There is ban on shrimp post larvae (PL) collection from natural water body, but still PL

catching is going on. It is necessary to implement the ban strictly with the cooperation

department of fisheries, law enforcement agencies and coastal communities.

Poison Fishing

Poison fishing is the one of the most primitive approach of catching fish in the many part of

the world. Here in Sunderbans, fisherman sometime used different kinds of poisons in the river

mouth or canal for catching fishes. Consequently huge amount of unwanted species i.e

plankton, fishes, annelids, crustacean, mollusks are died that is directly effect on the food chain.

And we know Dolphin is occupying in the top of the food chain, so the declining of those

unwanted communities affecting the food chain of Dolphin. On the other hand poison intakes

directly occur to the dolphin stomach during eating poison containing fishes and other aquatics

poisoned organism.

2.1.8 Trophic structure/ food chain in Sundarbans ecosystem

Mangrove habitat is one of the most productive ecosystems on Earth, lying between the land

and the sea on tropical and subtropical coastlines (Kathiresan and Bingham, 2001; Kathiresan,

2002). Mangroves in the estuarine ecosystem play important roles in biodiversity and energy

flow, and in maintaining functioning food chains, with phytoplankton playing a vital role as a

primary producer. Phytoplankton initiates the marine food chain by serving as food to primary

consumers such as zooplankton, shellfish, and finfish (Sridhar et al., 2006). In comparison to

adjacent marine areas, larval retention and high productivity in mangrove-lined estuaries have

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generally been attributed to the abundant planktonic food supply (Rajkumar et al., 2009). The

distribution and abundance of commercially important fish and shellfish, and their larvae, are

dependent on some species of phytoplankton as their main food source (Mitra et al., 2004).

The presence of primary food producers like phytoplankton and zooplankton had decreased

sharply in the contaminated water. The food chain of aquatic species living in the world’s single

largest mangrove forest, the Sundarbans, has been severely disrupted by the oil spill. The study

report conducted by Khulna University (KU) said the presence of primary food producers like

phytoplankton and zooplankton had decreased sharply in the contaminated water.

Figure 4. Fishing down the food web impact severely on the food community of dolphin and

other predators (Pauly and Reg, 2009).

2.1.9 Disturbances: e.g. unplanned tourism, navigation, net barriers etc.

Interactions with boats and tourism

Vessel traffic (for example, recreational boating or commercial vessels) can potentially disturb

or strike dolphins. Although single encounters with a boat or a group of swimmers are unlikely

to cause major disturbance for dolphin, the ongoing effects of multiple and extended encounters

with dolphin watching operations could be harmful. Long-term effects of encounters may

include reductions in breeding success, feeding activity, and resting opportunities. Eventually,

dolphins may also leave certain areas to avoid disturbance.

Net and other Barriers

Habitat loss and population fragmentation in several areas have resulted from the proliferation

of fixed fishing gear. Like in the early 2000s, about 27,000 sitting traps and 13,000 barrier traps

created more than 8,000 linear kilometres of barrier in multiple rows in the middle and southern

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portions of Songkhla Lake. These fishing structures were left in place year-round and restricted

dolphin movements such that their habitat was substantially reduced and the potential for

demographic interaction with dolphins from the Gulf of Thailand was eliminated (Smith et al.,

2004).

Obstacles on migratory routs

Dams and barrages (low-gated diversion dams) restrict the movement of dolphins, rendering

them isolated into separate sub-populations. The Farakka Barrage has affected the dolphin

population in the Ganges, as the barrage has not only created a physical barrier for movement

of the dolphin but also the reach of the river has been changed from a lotic to a lentic ecosystem

(Sinha, 2000).

Figure 5. The main reason for the initial decline of the Indus river dolphin population was the

construction of numerous dams and barrages that began in the 1930s. This construction split

the population into small groups, degraded their habitat and impeded migration. Now the major

threats include accidental capture in fishing nets, plus they are hunted for their meat, oil and

for use in traditional medicines (WWF, 2001).

2.1.10 Management and conservation strategies for Dolphin sanctuaries

National and global existing management policies on Caetaceans

Bangladesh has an extensive body of laws and policies for promoting conservation and the

sustainable use of biodiversity and natural resources. Besides, the country also have signatory

to several international conventions, treaties and multi-lateral agreements/ instruments related

to environmental protection/natural resource management (UNDP, 2016). GOB (2010)

reported some key international conventions and treaties signed/ratified by the country (Table

1).

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Table 1. International conventions and treaties related to aquatic ecosystems signed by

Bangladesh.

Convention/ Treaty Year

effective

Convention Relating to the Preservation of Fauna and Flora in their Natural State 1936

International Plant Protection Convention (1951) 1952

International Convention for the Prevention of Pollution of the Sea by Oil (1954) 1974

The Antarctic Treaty (Washington, 1959) 1998

Ramsar Convention on wetlands and International Importance (Ramsar, 1971) 1982

Convention concerning the Protection of the World Cultural and Natural Heritage

(1972)

1978

Convention on International Trade in Endangered Species of Wild Fauna and

Flora (1973)

1976

Convention on the Conservation of Migratory species of Wild Animals (Bonn,

1979)

1982

Convention on the Conservation of Antarctic Marine Living Resources

(Canberra, 1980)

1985

United Nations Convention on the Law of the Sea (Montego Bay, 1982) 1985

Convention on Control of Trans-boundary Movements of Hazardous Wastes &

Disposal (1989)

1992

Protocol on environmental Protection to the Antarctica Treaty (Madrid, 1991) 1998

United Nations Framework Convention on Climate Change (Rio de Janeiro,

1992)

1994

Convention on Biological Diversity (Rio de Janeiro, 1992) 1994

Agreement Relating to the Implementation of Part XI of the UNCLOS 1982

(1994)

1996

Protocol to the United Nations Convention on Climate Change (Kyoto, 1997) 2005

There are a number of national policies, legislation and approaches taken by the government

which provide provisions for biodiversity conservation and natural resources management in

the country that have a bearing by the GEF project in the Sundarbans. Those policies are the:

National Environment Policy, 1992; National Forest Policy, 1994; National Energy Policy,

1996; National Fisheries Development Policy, 1998; National Water Policy, 1999; National

Agriculture Policy, 1999; Land Use Policy, 2001; Coastal Zone Policy, 2005; Bangladesh

Wildlife (Preservation) (Amendment) Act, 2012; Bangladesh Forest Act, 1978 and subsequent

amendments; Bangladesh Environment Conservation Act, 1995 and Environment

Conservation Rules 1997; Playfield, Open Space, Park and Natural Water Reservoir

Conservation Act, 2000; Flood Action Plan, 1990; Forestry Master Plan, 1996; National

Biodiversity Strategy and Action Plan (NBSAP); National Conservation Strategy (NCS);

National Environment Management Action Plan (NEMAP); and Sustainable Environment

Management Programme (SEMP) (UNDP, 2016).

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Diverse institutional arrangements have responsibilities to govern the natural resources in

Bangladesh. The National Economic Council (NEC) is the highest policy making and

programme/project approving institution in the country, which is headed by the Prime Minister.

The Executive Committee of the National Economic Council (ECNEC), headed by the Finance

Minister, reviews the plans and programmes sent by various ministries and endorse them

(UNDP, 2016).

The project document of UNDP (2016) also reported that the Ministry of Environment and

Forests (MoEF) is entrusted with the overall responsibility for the environment sector and the

national focal point of all MEAs. The MoEF works with other ministries to ensure that

environmental concerns are given due priority in their development programmes/projects. The

implementing organs of MoEF are the Department of Environment (DOE) and the Forest

Department (FD). While the DOE has wide ranging responsibilities from enforcement of

environmental laws and codes in addition to conducting Environmental Impact Assessments

(EIAs) of public and private sector projects, the FD is a specialized body of the MoEF dealing

with the management of forest reserves, wildlife and protected areas. The Forest Department

works towards ensuring natural sustainability and biodiversity conservation through social

forestry, forest management, afforestation, reforestation, protected area management etc. It is

one of the oldest departments of the Government.

Beside above organizations, other ministries/departments/agencies including the Ministry of

Land, Ministry of Water Resources, Ministry of Industries, Ministry of Power, Ministry of

Energy & Mineral Resources, Ministry of Fisheries & Livestock, Bangladesh Planning

Commission, Disaster Management Bureau, Bangladesh Water Development Board, Water

Resources Planning Organization, Bangladesh Meteorological Department, Ministry of

Agriculture, Department of Agricultural Extension, National Agricultural Research System of

Bangladesh, Navy, Coast Guard and Port Authority have defined mandates and jurisdiction

over matters concerning aquatic resources (UNDP, 2016).

Many research institutions like the Bangladesh Forest Research Institute (BFRI), Bangladesh

National Herbarium (BNH), Bangladesh Agricultural Research Institute (BARI), Bangladesh

Rice Research Institute (BRRI), Bangladesh Livestock Research Institute (BLRI), and many

university departments are conducting research and implementing programmes on biodiversity

and natural resource management. Similarly, various training institutions including the

Bangladesh Public Administration Training Centre (BPATC), National Academy for

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Educational Management (NAEM), National Academy for Planning and

Development(NAPD), Forest Academy (FA), Bangladesh Space Research and Remote

Sensing Organization (SPARRSO), Institute of Water Modelling (IWM) etc. are also involved

with overall environmental management and cross-cutting environmental issues (UNDP,

2016).

The District Administration is headed by the Deputy Commissioner, and includes functionaries

responsible for different aspects of district governance. Of note to this project are functionaries

responsible for district planning, fisheries, agriculture, forests, tourism, wildlife etc. Related to

this is the presence of the local government including the elected members of the Zillas,

Upazillas and Union Parishads, which is highly relevant in the context of the project. At the

village level, there are also several Community Institutions (CIs) that are supported by the

government as well as non-governmental organizations. These are also community or user-

group based organizations such as Self Help Groups (SHGs), Women’s Groups, Fishermen’s

Associations, tour operator groups, Youth Groups, Co-Management Committees (CMCs),

Village Forum (VFs) etc. (UNDP, 2016).

A large number of Civil Society Organizations (CSOs) and Non-Governmental Organizations

(NGOs) – both conservation-focused and social service groups are engaged in implementing

various programmes on biodiversity conservation, social development and addressing policy

issues. These organizations include Centre for Policy Dialogue (CPD), Centre for Nature

Resources Studies (CNRS), Centre for Advanced Research in Natural Resources &

Management (CARINAM), Nature Conservation Management (NACOM), Bangladesh Centre

for Advanced Studies (BCAS), Poribesh Bachao Andolon (POBA), Bangladesh Poribesh

Andolon (BAPA), WildTeam, Sushilan, Association for Social Advancement (ASA),

PROSHIKA, Wildlife Conservation Society (WCS), International Union for Conservation of

Nature (IUCN) etc. (UNDP, 2016).

2.1.11 Existing Acts in Bangladesh

WILDLIFE (CONSERVATION AND SECURITY) ACT, 2012: An Act to provide for the

conservation and safety of biodiversity, forest and wildlife of the country by repealing the

existing law relating to conservation and management of wildlife of Bangladesh.

THE MARINE FISHERIES ORDINANCE, 1983: An Ordinance to make provisions for the

management, conservation and development of marine fisheries of Bangladesh.

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THE BANGLADESH WILDLIFE (PRESERVATION) ORDER, 1973: It is expedient to

provide for the preservation, conservation and management of wild life preservation in

Bangladesh.

Fisheries Act 1995

The protection and conservation of fish act, 1950: This act provides for the protection and

conservation of fish in Bangladesh.

Environmental conservation rules of 1995: Air pollution, water pollution and noise

pollution.

Private fisheries protection act 1889: biodiversity protection.

Policy for management closed water body, 1990: water resource management

Inland shipping ordinance 1976: water resource management

Canals act 1864: water resource management

Embankment and drainage act 1952: water resource management

Irrigation act 1876: water resource management

Environmental pollution control ordinance 1997: including national water quality standard

according to WHO guideline, air quality standard, noise and solid waste management.

Government Fisheries Protection Ordinance 1959

Protection and Conservation of Fish (amendment) Act 1963

National fisheries policy 1998: for the protection and development of fish species and fisheries

environment.

The Sustainable Fisheries Act of 1996: is an amendment to the Magnuson-Stevens Fishery

Conservation and Management Act, a law governing the management of marine fisheries in

the United States. Another major amendment to this legislation was later made under

the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006.

The SFA was enacted to amend the outdated MSFCMA of 1976. The amendment included

changes to the purpose of the act, definitions, and international affairs, as well as many small

changes.

The Fisheries Act 1985: (Malay: Akta Perikanan 1985)- is a Malaysian federal act relating to

the administration and management of fisheries, including the conservation and development

of maritime and estuarine fishing and fisheries in Malaysia waters, protection to aquatic

mammals and turtles and riverine fishing in Malaysia and to matters connected to

establishment of marine parks and marine reserves.

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Indian Forest Act, 1878: Empowers the Forest Department to manage the inshore and

offshore fisheries in the Sundarbans and near shore 20 km marine waters.

Hunting and Fishing Rules, 1959: A fishing permit is required to fish in reserved or protected

forests. Royalty may be levied on fish caught in tidal waters of reserved and protected forests.

It is illegal to use poison, explosives or fixed engine fishing gears, or to dam or bale water in

reserve and protected forests.

Major Fisheries Regulations for SRF

Khal Closure Regulation (1989): closes 18 khals permanently for fishing to ensure natural

fish breeding.

Collection & Export of Live Crab Regulation (1995): closes the entire SRF for crab fishing

from December to February to ensure crab breeding.

Closed Season Regulation (2000): closes fishing in the entire SRF for five species

(P. pangasius, P. canius, L. calcarifer, M.rosenbergii, S. serrata) during 1st May to 30th June

to ensure natural breeding.

Wildlife Sanctuary Regulations, 1999: Fishing is permanently prohibited in the three wildlife

sanctuaries of SRF.

2.1.12 Existing international policy issues (Nepal)

Aquatic Animal Protection Act, 1961 (AAPA): Recognizes the value of wetlands and aquatic

animals.

NPWCA 1973: Provides complete protection to 27 species of animals including dolphins.

National Conservation Strategy, 1988: Has stated that the aquatic species receive little

protection which results in a substantial percentage of wildlife being harvested indiscriminately

both for commercial and domestic purpose. This also has reduced the prey for dolphins in

Karnali River.

National Biodiversity Strategy (2002): Recognizes the need for wetland conservation while

the National Wetland Policy (2003) has emerged as the central plank of government’s

approach to wetland biodiversity conservation for future.

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PART 2

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3 Situation analysis

3.1 Context

3.1.1 National context

The People’s Republic of Bangladesh, nestled between the Indo-Himalayas and Indo-Chinese

sub-regions (between 20° and 27° N and 88° and 93° E), is the farthest downstream alluvial

zone of three major river systems of the Himalayan Range – the Ganges, the Brahmaputra, and

the Meghna. The total geographical area of the country is 147,570 km2, of which about 80% is

comprised of one of the world’s largest deltas (floodplains and wetlands networked over 300

rivers) bordered by India in the West, North and Northeast; by Myanmar in the Southeast and

by the Bay of Bengal in the South (GoB, 2010).

Bangladesh has been reported as the highest densely populated (1,015/km2) country in the

world with the total population of more than 160 million (BBS, 2011). Although fertility rates

have declined in recent years, at the current growth rate (1.34% per annum), the population is

projected to reach 220 million by 2040 (BBS, 2011). Around 75% of the population is rural

and a significant proportion (around 35 million or 22%) lives along the 710 km long coastal

belt (World Bank, 2010a; PDO-ICZMP, 2004).

Notwithstanding the notable strides made in economic and social development in recent

decades, Bangladesh is still among the Least Developed Countries (LDCs) (UNDP, 2013). In

the Human Development Index, it ranked 146 (out of 187 countries) in 2012 (UNDP, 2013).

During 2012-13, the Per Capita Gross National Income (GNI) was calculated as $923 whereas

the Per Capita Net National Income (NNI) stood at $859 (BBS, 2010; World Bank, 2013). An

estimated 50 million people still live in poverty, including almost 18% living under extreme

poverty (BBS, 2010a). Despite these challenges, the net primary-school enrollment has reached

94.7% and under-five childhood mortality has declined by 58% from 133 to 56 per 1,000 live

birth in 1989-1993 and 2005-2009, and the country is on track to meet its United Nations

Millennium Development Goals of 48 under-five deaths per 1,000 live births by 2015.

Similarly, infant mortality rate has declined by 48% from 87 to 45 per 1,000 births over the

same time period (NIPORT, 2012). However, more than two-thirds of the rural population is

landless or effectively landless (i.e. own less than 0.2 ha land). More than half of the country’s

population directly depends on natural resources for survival and well-being (UNDP, 2016).

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Bangladesh remains a predominantly agrarian economy with agriculture occupying nearly 76%

of the total land area of the country. Other important economic activities related to land/water

use and food production include fisheries, aquaculture, and salt production. Over 60 million

people depend on aquatic resources with an estimated one million working as full-time fishers

and another 11 million engaged in part-time fishing. The latter are especially significant for the

nutritional security of the poor (UNDP, 2016). While agriculture employs the largest

proportion of the labour force (around 47.3%) (BBS, 2010b), its proportional contribution to

GDP has been falling. During 2012-13, the combined share of agriculture and forestry sector

stood at 14.3% of GDP (at constant prices) and 13.7% (at current prices). The fisheries sector

is estimated to employ around 5% of the workforce and contributed some 3.6% of GDP (at

current prices) in 2012-13 (UNDP, 2016). Service sector and Industrial sector contribute

around 50% and 30% respectively to the country’s GDP (UNDP, 2016). Foreign remittances

and the export-led garment industry have been the dual engines of the national economy in

recent times (UNDP, 2016).

Annual consumption of fish in Bangladesh is 11.9 kg per capita (in 2010), accounting for

11.1% of total protein consumption. Altogether, some 76% of the fish consumed are inland

species and 18% marine. Urban annual consumption stands at 14.5 kg/capita and rural

consumption at 11.0 kg per capita per year, with rural communities eating a larger percentage

of inland fish (70%) than urban communities (61%). The most commonly consumed freshwater

species include tilapia, catfish and mrigal carp. Hilsa shad is the most commonly consumed

marine species and is a valued commodity for export (FAO, 2014).

One of the most disaster-prone nations in the world, Bangladesh experiences frequent, extreme

& erratic weather events and storms that cause wide-spread economic, ecological, and social

damage (UNDP, 2016). For instance, of the 250,000 deaths reported worldwide due to cyclones

between 1980 and 2000, around 60% occurred in Bangladesh (World Bank, 2010a). In the past

200 years, the country experienced at least 70 major cyclones, of which 40 have occurred since

1948 (UNDP, 2016). Floods are major recurring phenomena that affect around 30-50% of the

country each year. Around 93 major disasters were recorded between 1991 and 2000 that

caused nearly 200,000 deaths and a direct economic loss of approximately US$ 5.9 billion or

around 0.5 – 1% of the country’s annual GDP. Women bear a disproportional brunt of such

natural disasters (World Bank, 2010b).

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Figure 6. Workshop on strengthening the aquatic biodiversity conservation policies at Mongla,

near Sundarban area with Sundarban resource users and other stakeholders.

3.1.2 Climate and geographic context

Bangladesh has a mostly subtropical climate with four pronounced seasons - a hot humid

monsoon (June to September); a progressively cooler, drier season (October to November); a

cool dry winter (December to February); and a progressively hotter and drier summer (March

to May). The average annual temperature varies between 18 and 29°C, with a maximum

summer temperature of about 41°C, and winter temperature between 10°C and 20°C. Average

annual rainfall ranges from about 1,400 mm to 4,400 mm, with 80% occurring during the

monsoon (UNDP, 2014).

Dynamic physiographic, climatic, and hydrologic conditions shape the alluvial delta of

Bangladesh as well as the rich biodiversity it supports. This bounty of nature is exemplified by

the country’s diverse ecosystems ranging from the mangrove forests of the Sundarbans in the

southwest; coastal and marine ecosystems in the far south; deep natural water basins called

“haors” and “baors” in the northeast; arid areas in the upper mid-section; hill tracts in the

southeast; and flat sandy or marshy deltas of the large rivers of the middle of the country

extending south (MoEF, 2010). The country has 29 agro-ecological zones (GOB, 2010) and

twenty five bio-ecological zones (UNDP, 2016). Although some 2.56 million ha or 17.8% of

the country’s total area is classified as forests, only around 11% is actually under tree cover

(ADB, 1995; UNDP, 2016). Another 20% is classified as ‘other wooded land’, which includes

trees within homesteads and other agricultural tree crops (FAO, 2010). Forest cover had

declined by more than 90% over the past 100 years and per capita forest cover in Bangladesh

is amongst the lowest in Asia (UNDP, 2016).

3.1.3 Biodiversity significance

Bangladesh is home to over 125 globally threatened species (IUCN Red List) – including 21

Critically Endangered, 34 Endangered and 69 Vulnerable species. It supports Asia’s last two

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remaining species of freshwater dolphins - the Endangered Ganges River Dolphin (Platanista

gangetica), an obligate freshwater cetacean of the South Asian subcontinent; and the

Vulnerable Irrawaddy Dolphin (Orcaella brevirostris), a facultative freshwater cetacean found

in the estuaries and some large rivers of the Indo-Pacific (UNDP, 2016). The country has

established a national system of protected areas to conserve some of its most significant

biodiversity. It has, so far, designated 36 protected areas comprising approximately of 2,654

km2 or about 1.8% of the country’s geographical area. These protected areas (corresponding to

Category IV of the IUCN Protected Area classification) cover around 11% of the area under

the control of the Forest Department (UNDP, 2016).

Bangladesh’s diversity of aquatic ecosystems includes Haors (seasonal wetlands that are

formed in large depressions appended to rivers when discharge is high), mangrove forests,

freshwater swamp forests, oxbow lakes, rivers, shallow coastal seas and a deep (900m+)

submarine canyon called the Swatch-of-No-Ground. Natural mangroves cover an estimated

584,000 ha (representing 39.2% of all classified state-owned forest land) and mangrove

plantations around 137,080 ha (UNDP, 2016). The Sundarbans, situated in the southwest of

Bangladesh and shared with India, is the world's largest continuous mangrove forests, and it is

listed as one of WWF’s Global 200 Eco-regions (UNDP, 2016). Around 62% of the

Sundarbans are in Bangladesh and the rest in India. The total area of the Sundarbans in

Bangladesh is 6, 01,700 ha of which 411,230 ha is covered by forests; the rest is under water

(although this is variable according to seasonal discharge) in the form of rivers and creeks

(UNDP, 2016).

The Sundarbans Reserved Forests (SRF) is one of the two RAMSAR sites in the country. Each

year about 2.4 billion tons of sediments are transported through the Sundarbans, resulting in

dynamic land accretion and erosion processes (Poffenberger, 2000). This in turn creates a

complex mosaic of geomorphic, bathymetric and hydraulic features, which support high levels

of terrestrial and aquatic biodiversity. Recognizing the global biological significance of the

area, in 1997, UNESCO declared the three Wildlife Sanctuaries in the far southern portion of

the Sundarbans viz., Sundarbans West (715 km2), Sundarbans South (370 km2), and

Sundarbans East (310 km2), covering 139,700 ha, as a ‘World Heritage Site’. Together these

sanctuaries encompass about 23% of the Reserved Forest (UNDP, 2016).

Waterways of the Sundarbans are the only place where both the Ganges River and the

Irrawaddy dolphins, occur together. While these species are generally threatened with

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extinction across their range, both occur in the Sundarbans in populations large enough for

early conservation interventions to be effective in ensuring their long-term survival. Based on

an intensive monitoring programme carried out over three years by the Wildlife Conservation

Society (WCS), six five km channel segments that support especially high densities of these

two dolphin species were selected as priority habitats or ‘dolphin hotspots’ (Smith et al., 2009).

In 2012, the Government of Bangladesh notified these ‘dolphin hotspots’ as three Wildlife

Sanctuaries {viz., Chandpai (including three hotspots), Dhangmari (including two hotspots)

and Dudhmukhi (including one hotspot)}. These sanctuaries intend to provide safe havens for

freshwater dolphins in 31.4 linear km of channels with a total area of 10.7 km2 (UNDP, 2016).

The focus of the present study is to develop a sectoral guideline by improving the management

effectiveness of these aquatic protected areas though a collaborative approach.

3.1.4 Ecological and biodiversity context of the Sundarbans

The Sundarbans, the world’s largest continuous tract of mangroves, is composed of vegetated

low-lying islands, with elevation ranging from 0.9-2.1 m above mean sea level, interspersed

with a maze of tidal waterways from a few meters to a few kilometers wide (Katebi and Habib,

1989; Iftekhar and Islam, 2004). Even though, the ecological history of the Sundarbans is yet

to be understood in detail, it is known to be of relatively recent origin, and the extent of its

coverage has changed considerably since its formation. There are three broadly defined

ecological zones in the Sundarbans: a) low saline zone; b) the moderately saline zone; and c)

the strongly saline zone (Figure 1) (Aziz and Paul, 2015). These zones are based on the complex

interplay of factors such as spatially and temporally variable fresh-water flow, micro-climate,

hydrology, edaphic factors, local rainfall, tidal flows, humidity, geographic aspect, sunshine

etc. The zones are affected by daily changes in tidal flux, seasonal changes in hydrology and

climate, and long-term degradation due to human impacts including the construction of

upstream dams, alterations in the watersheds and sea-level rise (MoEF, 2010).

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Figure 7. (A) Three saline zones of BSMF in 1983 (Chaffey et al., 1985) but divided in to two

zones with approximate Curtis demarcation in 1930’s, by a dotted line (Curtis, 1933); (B) A

largely different distribution pattern of the three zones was found after about 10 years (Siddiqi,

1994); (C) Seasonal variation of salinity in the Passur River water (at Mongla) and surface soil

of Sarankhola, Chandpai and Satkhira ranges in the late 1980s (Hassan et al., 1990).

Dynamic erosion and accretion processes, which determine the physiographic character of the

Sundarbans, are buffered by the relative stability provided by the mangrove forests (Smith and

Mansur, 2012). These changes are further driven/shaped by a complex interaction of sea-level

changes, sedimentation and neo-tectonic subsidence (Barlow, 2008). Together these have

profoundly influenced the ecological processes, and the flora and fauna (both relict as well as

nascent) in the Sundarbans. Sculptured through the ecological landscape of the Sundarbans are

large human populations in fringe villages who depend on the forests and waterways for vital

ecological services, and meeting subsistence and livelihoods needs (MoEF, 2010).

Some of the key ecosystem goods and service functions (both tangible and intangible)

provisioned by the Sundarbans, which are highly relevant at local, regional and global scales,

inter alia include: (1) entrapping sediment and land formation; (2) coastal protection against

wave action and wind erosion; (3) protection of human lives and habitation from frequent &

extreme storms and cyclones; (4) shelter and habitat for diverse life-forms; (5) nursery for fish

and other aquatic life; (6) supplying oxygen; (7) nutrient cycling; (8) timber and small timber

production; (9) supply of food, NTFPs and building materials; (10) carbon storage,

sequestration and cycling; (11) opportunities for education, scientific research, recreation and

ecotourism; and (12) act as vital migration corridor for anadromous species such the highly

valued hilsha shade (UNDP, 2016). The Sundarbans also represents the largest single carbon

sink in the country (MoEF, 2010).

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3.1.4.1 Faunal and floral diversity

According to various records, the Sundarbans supports around 49 species of mammals, 59

species of reptiles, eight species of amphibians, 400 species of fishes and 315 species of birds.

As many as 20 globally threatened species inhabit the Sundarbans. Historical records suggest

the loss in recent times of at least six large mammal species from the Sundarbans viz., Javanese

rhinoceros (Rhinoceros sondaicus), one horned rhinoceros (Rhinoceros unicornis), wild

buffalo (Bulbulus bulbulus), gaur (Bos gaurus), swamp deer (Cervus duvaucali) and the hog

deer (Axis porcinus) (MoEF, 2010). Aquatic ecosystems of the Sundarbans also support a

significant number of globally important species – including IUCN Red List globally Critically

Endangered and Vulnerable species (UNDP, 2015).

Some of the Critically Endangered species found in the aquatic environs of the Sundarbans

include the knifetooth sawfish (Anoxypristis cuspidate), imperial heron (Ardea insignis), River

terrapin (Batagur baska), freshwater sawfish (Pristis pristis, may be regionally extinct) and

possibly the Ganges River shark (Glyphis gangeticus). Endangered species dependent on the

aquatic ecosystems include the Asian masked finfoot (Heliopais personatus), Cantor's giant

soft-shell turtle (Pelochelys cantorii), Northern River Terrapin (Batagur baska), fishing cat

(Prionailurus viverrinus) and as noted above the Ganges River dolphin (UNDP, 2016).

The Sundarbans also supports a great diversity of terrestrial mammals (49 species) (Gopal and

Chauhan, 2006). It is a well-known habitat of the Royal Bengal tiger (Panthera tigris), with

one of the world’s largest surviving population estimated between 350 and 500 individuals

(Ahmad et al., 2009). Other carnivores include the leopard cat (Prionailurus bengalensis),

fishing cat (Prionailurus viverrinus), jungle cat (Felis chaus), small-clawed otter (Aonyx

cineria – both terrestrial and aquatic) and jackals (Canis aureus) (Barlow, 2008). The main

ungulates are spotted deer (Axis axis), wild boar (Sus scrofa), and barking deer (Muntiacus

muntjak). Rhesus macaque (Macaca mulatta) is the only non-human primate present (UNDP,

2016).

Another hallmark of rivers and near-shore waters of the Sundarbans is the presence of a diverse

cetacean community. Ganges River dolphins and Irrawaddy dolphins are commonly found in

the waterways of the forests whereas Indo-Pacific hump-backed dolphins (Sousa chinensis)

and finless porpoises (Neophocaena phocaenoides) are occasional visitors (Ministry of

Environment and Forests, 2010). The most frequently sighted reptiles are monitor lizard

(Varanus salvator) and estuarine crocodile (Crocodylus porosus). Less often seen are various

snakes including the dog-faced water snake (Cerberus rynchops), red-tail pit viper

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(Cyptelytrops erythrusus), king cobra (Ophiophagus hannah), Indian spectacled cobra (Naja

naja), and the Indian python (Python molurus). Nine species of turtles have also been recorded

in the Sundarbans including two marine turtles (Rashid and Swingland, 1997).

Around 400 species of fish, whose distribution is highly dependent on salinity gradients, have

been catalogued in the Sundarbans. Crustaceans, such as crab, shrimp, prawns and lobster,

comprise a substantial proportion of the overall aquatic biomass (Islam and Haque, 2004).

Among a diverse array of terrestrial invertebrates, the giant honey bee (Apis dorsata) is of

particular economic importance and represents an important livelihood component of the local

communities of the Sundarbans (Gopal and Chauhan, 2006). The coast of the Sundarbans is a

breeding ground for threatened marine turtles including the Olive Ridley turtle (Lepidochelys

olivacea) and Green turtle (Chelonia mydas). A total of 145 fish and 33 crustacean species

were recorded during ecological investigations of freshwater dolphin hotspot and non-hotspot

segments in 2010. Among these fishes, 67 were found in both hotspot and non-hotspot

segments, 46 were found only in hotspots and 32 were found only in non-hotspot segments.

Among the crustacean species, 23 were found in both segment types, whereas seven were found

only in hotspots and three were found only in non-hotspot segments (WCS/BCDP, 2014).

As the largest forests in the country, and with extensive aquatic and marine components, the

SRF represents a significant storehouse of floral biodiversity. In late 1990s, it was reported that

245 genera and 334 species of plants are present in Sundarban Reserve Forest (SRF) (IFMP,

1998). The Sundarbans flora has an abundance of Heritiera fomes, Excoecaria agallocha,

Ceriops decandra, Sonneratia apetala and Nypa fruticans. While most mangroves in other

parts of the world are characterized by members of the Families Rhizophoraceae,

Avicenneaceae or Laganculariaceae, those of Bangladesh are dominated by Sterculiaceae and

Euphorbiaceae (UNDP, 2016). A survey conducted by IUCN Bangladesh in 2003 listed 108

non-tree plant species including 17 orchids, 21 fern and fern allies, six algae and 16 lichens in

the Sundarbans. Of the reported 66 species of “mangroves” in the SRF, 25 have been identified

as ‘true mangroves’, while the others are considered as ‘mangrove associates’ (Siddiqi, 2001).

3.1.4.2 Status and distribution of Ganges River and Irrawaddy dolphins in Sundarbans

The Sundarbans is the only environment that supports the Endangered Ganges River dolphin

and Vulnerable Irrawaddy dolphin, the last two remaining species of freshwater dolphins in

Asia (UNDP, 2016). In 2002, the population of Ganges and Irrawaddy Dolphins in the

Bangladesh portion of the Sundarbans was estimated to be around 225 and 451 individuals

respectively (Smith et al., 2006). The density of Ganges River dolphin is particularly high in

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the low-salinity eastern portion of the mangrove forests with greater concentrations found at

channel confluences. The density of Irrawaddy dolphins is high in the high-salinity western

portion but the range of both species overlaps in the eastern side. At a waterscape scale, both

Ganges River and Irrawaddy dolphins prefer low salinity waters. However, both species also

partition themselves such that Ganges River dolphins generally occupy the northeastern portion

(which receives freshwater input from the Ganges River), while Irrawaddy dolphins generally

occupy the southwestern part with more salinity (Smith et al., 2009).

According to a series of surveys conducted in 2011-12, the highest density of Ganges River

dolphins was found in the Dhangmari wildlife sanctuary during the pre-monsoon and the lowest

density was found in the Dudhmukhi wildlife sanctuary during winter/dry seasons. Ganges

River dolphin calves were found in the Chandpai wildlife sanctuary during all seasons; in the

Dhangmari wildlife sanctuary during the dry, pre-monsoon and monsoon; and in the

Dudhmukhi wildlife sanctuary during the pre-monsoon and monsoon seasons. In all three

sanctuaries, Irrawaddy dolphins were observed much less frequently compared to Ganges

River dolphins. For Irrawaddy dolphins, the highest density was found in Dudhmukhi wildlife

sanctuary during the monsoon. No Irrawaddy dolphins were found in Dhangmari during the

pre-monsoon season; in Chandpai during the dry, pre-monsoon and monsoon seasons; and in

Dudhmukhi during the post-monsoon season (Figure 8). No Irrawaddy dolphin calves were

observed in the sanctuaries (WCS/BCDP, 2014).

Dudmukhi Confluence

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Figure 8. Distribution of Irrawaddy dolphins and Ganges river dolphins. A) Map of the

Sundarbans mangrove forest, Bangladesh, including sighting data of Ganges river dolphins

(triangles) and Irrawaddy dolphins (circles) (Jensen et al., 2013).

3.2 Administrative and governance context

The Sundarbans Reserve Forest is managed by the Bangladesh Forest Department. From a

forest administration point of view, SRF lies in one Circle divided into two Divisions

(Sundarbans East and Sundarbans West), four Forest Ranges and 55 compartments. The three

dolphin sanctuaries fall under the Sundarbans East Division, which is headed by a Divisional

Forest Officer. The Sundarbans East Division has two Range offices - Chandpai and

Sarankhola - headed by Range Officers. There are 77 permanent posts in this area under the

Forest Department including five sanctuary centers, 16 stations, and 53 patrol posts (29 in the

ESRF and 24 in the WSRF) (UNDP, 2016).

In addition to the three wildlife sanctuaries that were declared as UNESCO World Heritage

Sites, the ten-kilometer periphery of the SRF has been declared as Ecologically Critical Area

(ECA) under the Bangladesh Environment Conservation Act of 1995. The ECA intend act as

a buffer area also. Further, as mentioned above, in 2012, the Government of Bangladesh

notified three more protected areas viz., Chandpai, Dhangmari and Dudhmukhi Wildlife

Sanctuaries in the river channels in the Sundarbans, bringing the total extent of protected areas

to almost 1,400 km2 or 23% of SRF (UNDP, 2016).

3.3 Socio-economic context

The Sundarbans Reserved Forest covers 52% of the forest of the country and contributes about

41% of the total forest revenue. Interfaced with cultivated lands and intersected by tidal rivers,

canals and streams, the Sundarbans forms a resilient buffer for the lives and assets of the three

million people who live in its vicinity, as well as a protective shield for the infrastructure and

urban populations in Khulna and Mongla international shipping port (MoEF, 2010).

In addition to its immense ecological value, the Sundarbans is also a valuable source of timber,

fuel wood, medicinal plants, honey, palm leaves, bees-wax, fish, shells and crustaceans apart

from supporting recreational and tourism industry (UNDP, 2016). These forests supply around

45% of the country’s demand for timber and fuel wood (Manju, 2001). During 2008-09, the

Government of Bangladesh earned BDT 55.17 million revenue from the Sundarbans, mainly

from permits for NTFPs including fish (MoEF, 2010). The 12,000 km of river in the SRF

produce large quantities of fish (40 commercially important species) and several species of

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crustaceans. Among them hilsha shade, catfish, white fish, prawn, shrimp and crab are

commercially most valuable. It has been estimated that fisheries in the Sundarbans account for

approximately 2% (18,150 metric tons) of the total inland open water capture fishery in

Bangladesh (FRSS, 2010; Hossain, 2010). In 2001, there were about 25,000 registered fishing

boats to catch fish and crustaceans in the Sundarbans, whereas about 18% households in and

around the SRF were dependent on harvesting natural resources, 35% shrimp fry collectors,

33% fishermen, 22% wood cutters, 4% boatmen, 3% Nypa palm frond collectors, 2% crab and

shell collectors, and 1% honey collectors (Bernacsek and Haque, 2001; SBCP, 2001). People

have migrated to the Sundarbans in recent years in pursuit of better livelihoods, while some

communities (e.g. Munda - estimated around 4000 people) have been living in this region for

at least 250 years (UNDP, 2016).

3.4 Profile of fishers in the sundarban area

Wildlife Conservation Society provided valuable insights on the socio-economic status of local

fishers who strongly depend on natural resources. The families consisted of 0-8 children

(average 2.1) of which 52% were male. The level of education among the fishers was poor

(39% had no formal education; 47% went only to primary school; 13% went to secondary

school but did not complete their education; 1% completed secondary school; and only one

fisher completed a higher education certificate). Among school-age children (4-16 years), 75%

were enrolled in schools with the remaining having left due to poverty (15%), marriage (7%)

and lack of interest or merit (3%). Most of the boys reportedly left schools due to poverty (83%)

while girls due to marriage (57%) (UNDP, 2016).

The average monthly income among the fishermen was 3,744 BDT of which 74% came from

fisheries and the rest from non-fishery activities. While about 48% had some secondary

occupation, only 24% of their income was derived from it. Interestingly, only 4% of their

secondary occupations involved harvesting resources from the Sundarbans. A few womenfolk

(16%) earned additional income through animal husbandry, bawali, manual labor, fishing,

handicrafts, poultry, and tea vending, and tailoring. The fishers use a variety of fishing gears

that include: Cast net, Crab line, Crab trap, Creek net, Drag net, Drifting gill net, Fixed floating

gill net, Long line, Hook & rod, Long-shore net, Otter fishing, Set-bag net, Post-larvae box net,

Post-larvae hand drag net, Post-larvae hand push net, Post-larvae pole net and Post-larvae set-

bag net. Of these, gillnets and set-bag nets are the most commonly used gears in the wildlife

sanctuaries. Species that are particularly overexploited include the commercially valuable giant

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tiger prawn or bagda chingri (Penaeus monodon), pangas catfish (Pangasius pangasius), hilsha

shade or ilish (Tenualosa ilisha), gray eel-catfish or kainmagur (Plotosus canius) and giant

mud crabs (Scylla serratta) (Huda, 2003; Hoq, 2003).

About 77% of the fishermen, used to engage in fishing year-round and 60% of the head

fishermen owned boats, mostly non-mechanized. However, only 33% of the fishers owned land

(averaging about one tenth of an acre), with 66% of those owning land using it exclusively for

their homestead and a few owning additional land for agriculture, aquaculture or poultry. About

half (47%) of the fishing operations were conducted by single fisherman, while the others

required a crew of 2-4. Of the crew, 82% were paid shares of the catch, whereas the others paid

the crew a salary or had family members working without a wage. Permits issued by the Forest

Department for fishing trips generally last for a week coinciding with spring tides. Expenses

for fishing permit averaged 431 BDT per fishing boat though the official amount was reported

to be only 145 BDT. The fishermen generally have to pay to pirates who extort money from

them. Most of the fishers live in poor housing conditions - katcha buildings (temporary huts

made of mud, bamboo, and Nypa palm thatching with a dirt floor) and pacca buildings

(permanent homes made of bricks or tin sheets). Many live on khas (government land) and on

channel embankments (UNDP, 2016).

Around 39% of fisherfolk were associated with 30 different NGOs, clubs and societies for

loans (95%) and education (5%). Most fishers (58%) sold their catch for a fixed price to either

fish depots (54%), fish collectors (31%), money lenders (8%), directly to consumers (4%), or

to fish or shrimp farms (3%). Only 9% of their fish catch was reportedly consumed by the

fishermen and their families (UNDP, 2016).

Overall, the fishers of the sundarban areas have a highly backward socio-economic status that

strongly influences their resource-use practices. The available natural resources are already

being intensively used by the local people for eking out day-to-day livelihoods including basic

nutritional requirements. The complex interplay of the natural ecology and human systems (the

latter including local use as well as the upstream freshwater diversions and climate change) is

the primary driving factor behind the rapid degradation of the Sundarbans as witnessed today

(UNDP, 2016).

3.5 Fisheries in Sundarbans

Sundarbans being the nursery for nearly 90% of the aquatic species of eastern coast, the coastal

fishery of eastern India is dependent upon Sundarban. Jhingran (1977) recorded a total of 172

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species from a variety of sources and also mentioned that the diversity of the Hooghly-Matlah

estuary increases along an increasing salinity gradient. Numerous species (estimated to be 400)

are known to use mangrove swamps as nursery grounds (Gundermann and Popper, 1984;

Lowe-McConnell, 1987). Apart from fish species, there are 20 identified species of Prawns

and 44 species of crabs including two edible ones. For fishes, the Sundarbans function as

nursery grounds for important commercial species of the continental shelf that are harvested in

India and neighboring countries. The Sundarban delta provides physiologically suitable

environment with respect to temperature, salinity and other physico-chemical parameters.

Generally estuary receives abundant supply of nutrients from land drainage and large quantities

of organic detritus which is an important source of energy for a wide variety of estuarine

consumers.

3.5.1 Fish species

Lates calcarifer (Bloch), Tenualosa ilisha (Hamilton-Buchanan), Liza parsia (Hamilton), Liza

tade (Forsskal), Harpadon nehereus (Hamilton-Buchanan), Plotosus canius (Hamilton-

Buchanan), Pampus argenteus (Euphrasen), Rhinobatos annandalei Norman, Pangasius

pangasius (Hamilton-Buchanan), Polydactylus indicus (Shaw), Chanos chanos (Forsskal),

Eleutheronema tetradactylum, Polynemous indicus, Polynemous paradiseus (Linn.) and Pama

pama (Hamilton).

3.5.2 Crustacean species

Panaeus monodon (Fabricius), Panaeus penicullatus (Milne-Edw) and Metapenaeus

monoceros (Fabricius). Edible crabs mainly Scylla olivacea (Forsskal) and Neptunus pelagiens.

3.5.3 Common gears

The common gear used in the Sundarbans are dragnets (sarengijal, berjaal), shore seines

(jaqnga jal, kochal jal), stakenets (charpata and khalpatta), gillnets (galsha), and fixed

bagnets (beoundi ja, bindi jal) (Mukherjee, 2007) These are used in the inland waters

of the Sundarbans and in the inter-tidal waters.

3.5.4 Destructive gears

The fishing gears that are considered destructive include the small mesh-sized beoundi jal and

other fine-meshed nets. Besides these, castnets and hooks-and-line are also used. The common

fish caughtin the inter-tidal waters are bhetki (Lates calcalifer), shimur, gandu or medha mach,

chingree (shrimp), selia, chadba, bavta and red shrimp.

The significant inland fish landing centres in the Sundarbans include Canning, Herobhanga and

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Gosaba. Fishers in most of the remote islands do not have access to ice or other means to

preserve their catch, and are often forced to travel to Canning or Gosaba to sell their catch on

the same day itself, or transfer the catch to fish merchants who come to the villages. The fish

depot owners, as the fish merchants (Aratdars) are called, also play the role of money lenders,

serving fishers who often do not have the money to buy boats and nets and to cover the running

costs 41 of fishing. The Aratdars, besides lending money, also arrange for the marketing of the

catch from the villages.

Figure 9. Strategies for increasing the strength of gear restriction regulation for conservation

of Sundarban dolphin population.

3.5.5 Illegal fishing

Poison fishing: Fishing by poisoning and explosives sporadic reports have been filed on

fishing by poisoning with certain chemicals in some areas of the Sundarban. This practice,

however, is not permissible by law. A few drops of poison are all it takes to decimate fish and

crustacean stocks in a Sundarbans canal. The poachers who cruise the waterways of the world's

largest mangrove forest in search of valuable shrimp and crabs regularly use poison.

Crustaceans clamber ashore within minutes to escape the toxin and are easily collected. Fish

die en-masse, carcasses left to float away on current and tide (Wikipedia-2).

3.5.6 Livelihoods of Sundarban resource users

A large number of Sundarbans populations are engaged in fisheries and allied activities.

Fisheries remain to be the sole livelihood of fisherman and their family residing in Sundarbans.

Collection of fish seeds and adults especially of Paeneus monodon, from the nature is one of

the main sources of earning of the coastal fisher folk. The fisher folk are using mechanized as

well as non-mechanized crafts. Trawlers, gill-netters, purse seiners, etc. are among mechanized

Increase punishment

Public awareness

Political goodwill

Media

Conservation place

Mobile court

Increased secrity

Lisence

Strict law implementation

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crafts and plank built boats, dug-out canoes and catamarans are under non mechanized crafts.

A number of fishing gears are being used in Sundarbans viz. trawl nets, purse seines, drift/gill

nets, boat seines, fixed bag nets, hooks and lines, shore seines, traps, scoop nets, etc. Most

fishing is undertaken by men, crab fishing and prawn seed collection are practiced by both men

and women in the inter-tidal waters. Besides fishing, most people have other sources of

livelihood, also seasonal, such as small businesses and mono-crop agriculture (Jalis, 2007).

Some work as daily labours. Prevalent cultural belief systems and myths of traditional

communities in Sundarbans are predicated on a deep respect for nature.

3.5.7 Killing fish stocks in Sundarbans

Fisherfolk in the Sundarbans wilfully ignore the government ban on the use of fine-mesh

current nets which is fast depleting various species of fish in the area. The livelihoods of a few

hundred fishermen and their families operating in Khulna's Dacope upazilla depend on their

catching fish and juvenile shrimp. Although it is the job of the forest department to work with

the Coast Guard to enforce the ban on the use of illegal variety of net, there is little by way of

enforcement of the law. Unfortunately, some unscrupulous forest department officials and

traders which lets this unhealthy practice to continue. We are disheartened to see authorities

turning a blind eye to the rampant use of banned fine-mesh fishing nets in the protected

mangrove forest of the Sundarbans, home to many unique species of fish. With the gradual

reduction of fish that are indigenous to the waterways in and around the Sundarbans,

environmental experts calculate that fisherfolk are destroying on average around 200 fish fry

to catch one juvenile shrimp. The result of such irresponsible behaviour is the havoc that is

caused to the natural breeding patterns of many types of fish and the decline in fish stocks is a

natural result. The government should help these few hundred fishermen and their families to

adopt alternative means of livelihood and haul up the corrupt officials who connive in this

illegal activity and make examples of them (Wikipedia-1).

3.5.8 Sundarbans: Fisheries and Fishing Communities

Fishers in the Sundarbans are organized largely into two unions—the United Fishermen’s

Association and the Sundarban Matsajibi Joutha Sangram Committee. The 24 Parganas South

District has 6,205 mechanized craft, 1,028 motorized craft and 6,046 non-motorized craft

fishing in marine waters (CMFRI, 2005). The mechanized fishing vessels in the 24 Parganas

South District include trawlers, large gillnetters and dol-netters, fishing outside the Sundarbans

forest area, in the Bay of Bengal. Naukas are the traditional boats used in the inland waters of

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Sundarbans, which range from 24 ft to 42 ft in overall length. Some of the motorized boats

fishing in the reserve forest area have motors of 12 hp to 24 hp.

3.6 Gaps in existing management and conservation

1. Wildlife protection act 2012: in section 14 article 35, if any person does any act

prohibited under section 14, he shall be deemed to have committed an offence and shall

be non-bailable for such offence and be punished with imprisonment for a term not

exceeding 2 (two) years or with a fine of Taka not exceeding 1 (one) lac or with both,

and in case of his repetition of the same offence, he shall be punished with

imprisonment for a term not exceeding 5 (five) years or with a fine of Taka not

exceeding 4 (four) lac or with both (Annexure 1).

At present this act might be reasonable. But it is important to ensure the implementation

of punishment, sometimes social or political influential person escape from this

punishment. This kind of act could be updated after few years (12-15 years).

2. Fish hatchery act, 2010 and Fish hatchery rule, 2011: beyond the article no. 4-12

mentioned in the fish hatchery act-2010 and fish hatchery rule-2011, further

improvement should be considered: Brood bank development, reducing brood fish/

shrimp collection from nature, banning brood collection in spawning season, discharge

treatment etc.

3. Protection and conservation of Fish Act, 1985, Modification (2000): “(1A) No person

shall catch or cause to be caught fry or post larvae of fish, shrimp and prawns of any

kind, in any form and in any way in the estuary and coastal waters of Bangladesh.”

Wild fry and PL are available in local market. Should have a strict regulation on many

other exotic species (Annexure 2).

4. Protection and conservation of Fish Act, 1985, Modification (2011): Article 13:

Catching of all kinds of fishes prohibited in certain period in particular areas (1), no

person shall catch or cause to be caught-all kinds of fishes in the Hilsha fish sanctuary

area mentioned in column (2) during the period mentioned in column (4)…. (five

different hilsha fish sanctuary areas) (Annexure 3).

Like hilsha fishery, separate fish sanctuaries should be developed for other

commercially and biologically important fish species in Sundarbans area, or the area of

existing fish sanctuaries can be expanded for better conservation. At this moment, it is

important to identify dolphin feed, determine the breeding boundary of those fishes

(dolphin feed) and declared the boundaries as fish sanctuary.

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5. Protection and conservation of fish Act, 1985: In article 12-16, it has been mentioned

that using net (e.g. current net, Japanese current net, fash net, fandi net, kappa net, badha

net and kathi net) with the mesh size 4.5 cm of below is prohibited (Annexure 4). In

contrast, Forest Department mentioned in Integrated Resource Management Plans for

the Sundarbans (page 116, section 5) reported that fishing net with mesh below 15mm/1

inch (knot to knot at stretch condition) will not be allowed for fishing. However, fishing

traps and hooks will not have any limit. This regulation is contradictory with the

Protection and conservation act 1985.

6. Marine Fisheries Ordinance, 1983, (XXXV of section 55, rule 7, modification 2004):

no fishing vessel shall throw any of its catch of fish or any aquatic resource, except

marine turtle, in the sea. Marine Fisheries Ordinance, 1983, (XXXV of section 55, rule

14A, modification 2006): use of turtle extruder device-Every shrimp trawler shall use

Turtle Extruder Device with net/nets during trawling. Same kinds of rules should be

developed and implemented for dolphin and other aquatic mammals.

7. Fisheries act 1995 section 112(1) Use of explosives, poisons, substances or equipment

for fishing (1) unless authorized under this Act or under any other Act, a person must

not use, or attempt to use, any explosive in Victorian waters. Penalty: 100 penalty units

or imprisonment for 6 months or both. (2) Unless authorized under this Act or under

any other Act, a person must not use, or attempt to use, any poison, substance or

equipment in Victorian waters if the use of the poison, substance or equipment can

reasonably be expected to result in— (a) the taking or killing of any fish, fishing bait

or protected aquatic biota; or (b) damage to the habitat of any fish, bait or protected

aquatic biota. Penalty: 100 penalty units or imprisonment for 6 months or both. (3) If a

court finds a person guilty of an offence against this section, the court may, in addition

to any other penalty imposed by it, order the person to pay compensation for any

damage or loss caused by the offence to any person.

Poison fishing is not only destructive for fish but also huge loss for food chain and

aquatic system. Therefore, punishment could be increase, for first time offence

punishment could be 300 penalty unit or imprisonment for one year or both 2nd time its

double.

8. According to East Bengal Protection and Conservation of Fish Act, 1950: in section 2

and 3, the rules have been mentioned that-

(2) The Provincial Government may, by notification, apply rules or any of them to any

water or waters, provided that no such rules shall apply to any private water except with

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the consent in writing of the owner thereof and of all persons having for the time being

any right of fishery therein.

(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, off-weirs, dams,

bunds, embankments and other structures.

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;

c) Prohibit the destruction of, or any attempt to destroy, fishes by the poisoning of water

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 he prohibited;

These rules are key points for managing any natural fish stock, however, proper

implementation is the question of its failure throughout years. Different Governments

and countries do not follow the rules of fish protection, or often break the international

laws of natural water flow by developing huge dams, and other structures. For proper

conservation of Dolphin and its foods, proper implementation of these rules might be

perfect initiatives.

9. No. 3281-Fish.-27th March 1951—In exercise of the power conferred by section 3 of

the East Bengal Protection and Conservation of Fish Act, 1950 (East Bengal Act XVIII

of 1950), the Governor is pleased to make the following Rule:—

Rule: No person shall catch or cause to be- caught carp fishes (i.e., Rohu, Mrigal, Katla;

Kalbaus and Ghunia) daring the period from the first April to the 30th June in any year

in the places mentioned in different Schedule (Annexure 5).

10. No. 12889 FiSh.-27th December 19th—In exercise of the powers conferred by section

3 of the East Bengal Protection and Conservation of Fish Act, 1950 (East Bengal Act

XVIII of 1950), the Governor is pleated to Make the following Rule:—

Rule: No person shall catch or cause to be caught carp fishes (i.e., Rohu, Katla, Mrigal,

Kalbaus and Ghunia) during the period from 15th March to the 30th June in any year

in the places mentioned in the Schedule below: River Halda from its mouth in the river

Karnafully near katurghat bridge up to Sattarghat ferry, police station, Hathazari and

Raozan, District Chittagong (Annexure 6).

11. In East Bengal Protection and Conservation of Fish Act, 1950: No. 6497 (Annexure 7),

6972 (Annexure 8), 15107 (Annexure 9), 15135 (Annexure 10), 14356 (Annexure 11),

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2501 (Annexure 12); different rules on embankments, provisions on sizes of fish to be

caught, fishing nets (new rules Protection and Conservation of Fish Rules, 1985, Act

XVIII of 1950, section 3(5)) etc. have been mentioned, which need to be implemented

strictly through government bodies, or need to be regulated strictly by more penalties

and imprisonment.

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Part 3

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4 Guidelines for biodiversity friendly Dolphin sanctuaries effectiveness

4.1 Guidelines for fisheries

4.1.1 Mesh size regulation

Existing rules for fisheries management and conservation (e.g. gear restriction) shall be

imposed properly. Mesh size of different nets shall be controlled strictly. All kinds of

nets shall be banned in the sanctuary areas according to the Protection and Conservation

of Fish Act, 1985; such as (e.g. current net, Japanese current net, fash net, fandi net,

kappa net, badha net and kathi net). Mesh size of the nets shall not be below 15 mm in

catching fish in SRF (IRMP, 2010). Mesh size regulation according to IRMP shall be

specified considering other fish biodiversity, and circulated to fishers and other

associated personnel for proper implementation of regulation. However, different

resource users and public have different opinion on strengthening this regulation.

4.1.2 Habitat restoration

The forest department and respective authorities shall take necessary action for

implementation of habitat restoration programs, including development of fish pass or

fish screen, instream habitat structure (e.g. boulder or log weirs, dams and deflectors,

cover structures, rootwads and brush bundles, gabions, etc.), and development of

artificial reefs for improvement of fish and crustacean spawning habitat.

4.1.3 Controlling upstream river flow and tidal river management

River management sector, water development board or other responsible authorities of

the country shall ensure adequate freshwater flow from the upstream by implementing

mega projects through dredging and managing tidal river flow across the SRF and other

coastal rivers for protection of breeding and nursery grounds of fish, crustaceans and

dolphins, conserving their habitats and establishing food web structure in SRF.

4.1.4 Identification of fish and dolphin feeding, nursery and breeding ground

Forest department shall specifically identify the feeding and nursery ground of major

fishes and dolphin in sundarbans. Besides, major breeding grounds of those fishes shall

be identified through extensive research. Following their finding the forest department

shall make new decision to expand or to create new sanctuaries.

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4.1.5 Expansion of sanctuary areas

Forest department will indicate more protected areas or identify additional buffer zones

to provide further support for increased aquatic biodiversity. Forest department will

decide to expand the area of existing sundanban aquatic sanctuaries, or they shall create

new sanctuaries based on the fish and dolphin hot-spot areas. Even whole sundarbans

can be declared as the sanctuary areas for fish and other wildlife animals.

4.1.6 Fisheries stock assessment

Forest department by the assistance of Department of Fisheries, Fisheries Research

Institute, Universities and experts shall urgently assess the present fisheries stocks in

SRF, thereby, they shall determine the Total Allowable Catch (TAC) beyond the

sanctuary areas. Mathematical models shall be developed for future estimation or

assessment of fish stocks during uncertainties. DOF will also consider the sustainability

of SRF resource management for future generations through ecosystem approach.

4.1.7 Catching fish larvae beyond SRF

Department of Fisheries shall strictly control massive non-selective catch of fish

fingerlings and crustacean larvae in small mesh mosquito nets beyond the SRF areas in

the coastal rivers.

4.1.8 Control of pollution and industrial development

Biggest concerns shall be taken for protection of Sundarban biodiversity on chemical

and sound pollution, and toxic contamination from oil tankers, coastal industries,

Mongla port, Rampal power plant station, EPZ, coastal power plants, agriculture and

fisheries, navigation, tourisms, and large upstream human population centers. BIWTA

and Ministry of Navigation shall be combindly empowered vessel registration power,

controlling navigation routs, minimizing transportation across sundarbans and

controlling the registered vessels through Global Positioning Systems (GPS). City

corporations and municipal authorities shall be responsible for waste management and

its safe disposal into open waters. Government shall be well aware of municipal sludge

and faecal sludge treatments. All the industries beyond 10 km of SRF periphery shall

be categorized as red listed and other industries outside this area without waste

treatment facilities shall be banned. In 2017, the High Court already directed the

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government not to allow any industrial unit to be set up within 10 kilometers of the

Sundarbans mangrove forest (The Daily Tribune, 24 August 2017).

4.1.9 Fishing ban

Fishing shall be prohibited in the sanctuary areas. Beyond the sanctuaries fishing shall

be controlled during breeding seasons according to IRMP (2010), for instance, fishing

ban in all canals during the months of July and August and fishing ban in the

Beels/Chatals of the Sundarbans during February-March. However, the forest

department shall have more research based evidence on reorganizing ban in breeding

seasons. Fisherman shall be encouraged about not to use any kind of fishing trap in the

sanctuary areas. By imposing gear restriction regulation overall fisheries and

biodiversity of Sundarban fish sanctuaries will be increased, thereby enhanced habitat

and food availability of dolphin will be ensured.

4.1.10 Sustainable fisheries

Farmers shall be encouraged for sustainable fishing from natural stocks for future

generation. Fishing shall be done in the shallow water because dolphins are found in the

deep water.

4.1.11 Illegal fishing

All kinds’ illegal fishing, like fishing using poisons, explosives, chemicals or plant

extracts shall be prohibited by laws and implemented accordingly.

4.1.12 Navigation routs

There has to be an alternative navigation route and the drivers shall be aware of the fact

that not to make much disturbances in the aquatic environment. The ministry of navigation

shall take care of the entire navigation root through Sundarban and check the fitness of the

crafts. In sanctuary areas any types of disturbing motorized vessels shall be prohibited, or

the speed of the vessels shall be controlled while passing through protected areas. Any ships

drowned in protected areas or natural conserved areas shall be rescued immediately to

minimize oil spilling or other polluted waste materials.

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4.1.13 Disposal of industrial wastes

There shall have strict regulation for the disposal of industrial wastage to the Sundarban

adjacent water bodies. Industrial wastage is full with different types of toxic chemicals

and heavy metals. Those pollutants are responsible for indiscriminant killing of fish,

shellfish and aquatic mammals. Thereby, through restricting the disposal of industrial

sewerage into the rivers might greatly improve the natural biodiversity and dolphin

habitats in Sundarbans.

4.1.14 Livelihoods

The government will create alternative livelihood options for Sundarban resource users

(e.g. fishers, aquaculturists, agriculturists, etc.) for better management of dolphin

resources. In the vulnerable coastal Sundarban areas the government will emphasis on

involvement of fishers on small scale agricultural productions (e.g. rice, vegetable, or

other food items), rearing livestock or poultry, day labour, small scale grocery,

transportation (land and water), tourism with small boat, tailoring, handicrafts, etc.

4.1.15 Physical construction in water ways

Strict regulation shall be implemented in dam and bridge construction in flowing rivers having

dolphin and other fish’s migratory routs.

4.1.16 Task-force and volunteer committee

A task-force committee shall be formed by participation of different sectors to protect

the natural resources of sanctuaries or other nature reserved areas. The forest and

fisheries department shall develop volunteer groups to rescue trapped dolphins in their

habitat.

4.1.17 Licensing and fishing permit

Licensing power for fishing from the Sundarban areas or from declared sanctuaries

shall be according to IRMP 2010; e.g. maximum number of boat license certificate

(BLC) issuance will annually be 12,000 for the Sundarbans and it will be equally

distributed for the two Divisions of East and West (6,000 each). Fishing permits shall

be set based on IRMP (2010), for instance, one BLC holder boat will get fishing permits

a maximum of 8 times in a year for all gears or fishery type with a maximum limit of 3

times in a month and maximum 7 days per permit. Besides, catching of hilsha and

Pangasius below 23 cm is prohibited during November-April and for male crab, the

minimum weight size for catch is 200g and for female as 120g (IRMP, 2010).

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4.1.18 Empowering mobile court

Government Forest and Fisheries officers shall be empowered with executive magistrate to

conduct mobile court more frequently when necessary. Limit of punishment through

mobile court shall be increased from two years to maximum five years. The penalty shall

be also increased up to double or triple of the existing amount.

4.1.19 Inter-sectoral responsibilities

Different stakeholders shall take key responsibilities for protection of aquatic biodiversity.

Policies shall be developed and implemented through integrated approach of inter-sectoral

involvement of different ministry. All the sectors of aquatic resource management (e.g.

aquatic mammals, fisheries, plants) shall be incorporated under broad researches. The roles

of stakeholders are given below:

Table 2. Responsibilities of stakeholders for protecting aquatic biodiversity in Bangladesh

Sundarbans sanctuary areas.

Stakeholder Role/responsibilities plays for cetacean conservation

Bangladesh Forest

Department (BFD)

– Will be principal actor of SRF aquatic resource

management through implementing integrated resource

management plan.

– Will take necessary actions for define/ redefine of fish and

dolphin sanctuary areas, habitat restoration program,

identifying more buffer zones and fisheries stock

assessment in SRF.

– Will reconstruct the licensing system, number, resources

to be exploited, and specific regulations on gear

selectivity and gear restrictions.

– will ensure stop of all kinds of illegal fishing through

proper implementation of existing rules and regulations

– Will ensure natural sustainability and biodiversity

conservation through social forestry, forest management,

afforestation, reforestation, protected area management

etc.

Department of

Fisheries (DoF)

– Imposing ban season depending on breeding period of

migratory fish species

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– Prohibiting fishing activity on the migratory root of

dolphin and also close to dolphin and fish sanctuary.

– Communicating with BFD for allocating fishing licenses

within the Sunderbans.

– Creating alternative livelihood during ban season.

Research

Organizations

(Bangladesh

Fisheries Research

Institute and

Universities)

Continuous investigation can be done on status of the

Sundarbans biodiversity, ecosystem and environmental

conditions, species wise fish/crab/shrimp stock

assessment, MSY, TAC, identification of peak breeding

seasons, breeding and nursery ground.

Department of

Environment (DoE)

– Monitoring and controlling industrial development in

Sundarban areas

– Monitoring and regulating industrial pollution disposal

– DoE will be authorized to give permission on

environmental safety to the industries

– Shall enforce of environmental laws and codes in addition

to conducting Environmental Impact Assessments (EIAs)

Department of

Agriculture (DoA)

– Controlling and monitoring the application of harmful

pesticides and chemicals in agriculture field.

Local Authority – Monitoring the establishment of housing, industry, road,

bridge and other construction that doesn’t affect the river

flow and aquatic environment of dolphin and their

migratory routs.

– Creating awareness among local people on the importance

of natural resources, rationale of biodiversity protection,

cause of several management policies and effectiveness of

implementing those policies. They will also focus on the

responsibilities of local people on natural biodiversity

protection.

– Disseminating different management and conservation

policies through stage performance, drama exhibition,

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mass media, miking, postering, or even proposing as

agenda in local government elections.

– Creating alternative livelihood options during banning

seasons through different GO and NGOs agencies or by

implementing several development activities in the coastal

areas.

Co-Management

Committees

(CMCs)

– Shall be engaged in implementing various programmes on

biodiversity conservation, social development and

addressing policy issues

– Creating public awareness especially the fishers

communities for the conservation of dolphin and their

habitat

Samitee/NGO – Shall organize workshop and seminar for the conservation

of dolphin

– Shall provide loan o the Sundarban resource users for

their alternative livelihoods.

Tour operator – Shall not operate ship on the migratory root of dolphin

and close to the dolphin sanctuary

Youth groups – Shall be engaged in social and voluntary activities and

increasing public awareness

– Shall be engaged in increasing social awareness through

campaigning, seminar and workshop

4.2 Other sundarban resource users

1. Banning any kind of fishing activities around the sanctuary area.

2. Collecting adult, juvenile and young shrimp and crabs from the nature has to be

banned.

3. Collecting wood, honey, and other resources have to be regulated by policies.

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Part 4

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5 Conclusion

Dolphins and cetaceans are the beauty in aquatics system and valuable resources in our oceans.

So for the protection and conservation of this precious resource in Sundarban sanctuaries

combine effort and action is very necessary among the resources users. A good collaboration

among the direct resources user more especially the fisherman and other users i.e. local and

international NGOs, governments bodies and stakeholder can play significance role on

protection of dolphins in Sundarban estuaries. It is also necessary to proper implement of

existing rules and regulation for the conservation of dolphins. Finally awareness program

should be continued among the beneficiaries of Sundarban estuaries.

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Part 5

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Committee, Rajendrapur, Bangladesh, 22–24 February 1997. Biology and

conservation of freshwater cetaceans in Asia, ed. RR Reeves, BD Smith, T. Kasuya

Occasional Paper of the IUCN Species Survival Commission 23, 1-14.

Smith, B.D., Ahmed, B., Edrise, M., Braulik, G., 2001. Status of the Ganges River Dolphin or

Shushuk Platanista gangetica in Kaptai Lake and the southern rivers of Bangladesh.

Oryx 35, 61–72.

Smith, B.D., Beasley, I., Buccat, M., Calderon, V., Evina, R., Lemmuel De Valle, J., Cadigal,

A., Tura, E., Vistacion, Z., 2004a. Status, ecology and conservation of Irrawaddy

dolphins (Orcaella brevirostris) in Malampaya Sound, Palawan, Philippines. Journal

of Cetacean Research and Management 6(1), 41-52.

Smith, B.D., Haque, A.A., Hossain, M.S., Khan, A., 1998. River dolphins in Bangladesh:

conservation and the effects of water development. Environmental

management 22(3), 323-335.

Smith, B.D., 2017. Irrawaddy dolphin, Orcaella brevirostris. In: Würsig, B., Thewissen,

J.G.M. and Kovacs, K.M. (eds), Encyclopedia of Marine Mammals, Third Edition,

Elsevier, San Diego.

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Smith, B.D., Than Tun, M., 2008. A note on the species occurrence, distributional ecology and

fisheries interactions of cetaceans in the Mergui (Myeik) Archipelago, Myanmar.

Journal of Cetacean Research and Management 10, 37-44.

Smith, B.D., Tun, T., 2007. Review of the status and conservation of Irrawaddy dolphins

Orcaella brevirostris in the Ayeyarwady River of Myanmar. In: B.D. Smith, R.G.

Shore, and A. Lopez (eds), Status and conservation of freshwater populations of

Irrawaddy dolphins, pp. 21-39. Wildlife Conservation Society Working Paper No. 31.

freshwater populations of Irrawaddy dolphins, pp. 21-39. Wildlife Conservation

Society Working Paper No. 31.

Smith, B.D., Braulik, G., Strindberg, S., Ahmed, B., Mansur, R., 2006. Abundance of

Irrawaddy dolphins (Orcaella brevirostris) and Ganges river dolphin (Platanista

gangetica gangetica) estimated using concurrent counts made by independent teams

in waterways of the Sundarbans mangrove forest of Bangladesh. Marine Mammal

Science 22, 527-547.

Smith, B.D., Diyan, M.A.A., Mansur, R.M., Fahrni-Mansur, E., Ahmed, B., 2009.

Identification and channel characteristics of cetacean ‘hotspots’ in the waterways of

the eastern Sundarbans mangrove forest, Bangladesh. Oryx.

Smith, B.D., Diyan, M.A.A., Mansur, R.M., Mansur, E.F., Ahmed, B., 2010. Identification and

channel characteristics of cetacean hotspots in waterways of the eastern Sundarbans

mangrove forest, Bangladesh. Oryx 44(2), 241-247.

Smith, B.D., Haque, A.K.M.A., Hossain, M.S., Khan, A., 1998. River Dolphins in Bangladesh:

Conservation and the Effects of Water Development. Environmental Management

22(3), 323-355.

Smith, B.D., Mansur, E.F., 2012. In Climate and Conservation landscape and seascape science,

planning, and action. Edited by Jodi A. Hilty, Charles C. Chester, and Molly S. Cross

Sundarbans Mangrove Forest, Asia.

Smith, M.T., Edwards, R.R., Robinson, R.C., Dworkin, R.H., 2004. Suicidal ideation, plans,

and attempts in chronic pain patients: factors associated with increased risk. Pain

111(1-2), 201-208.

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Sridhar, R., Thangaradjou, T., Kumar, S.S., Kannan, L., 2006. Water quality and phytoplankton

characteristics in the Palk Bay, southeast coast of India. J Env Biol. 27, 561–566.

St. Aubin, D.J., Geraci, J.R., Smith, T.G., Friesen, T.G., 1985. How do bottlenose dolphins,

Tursiops truncatus, react to oil films under different light conditions?. Canadian

Journal of Fisheries and Aquatic Sciences 42(3), 430-436.

Stacey, P.J., Arnold, P.W., 1999. Orcaella brevirostris. Mammalian Species (616), 1-8.

Status and Conservation of Facultative Freshwater Cetaceans in Asia, 2002. Accessed March

08, 2010 at

http://137.110.142.7/uploadedFiles/Divisions/PRD/Publications/Smith_Jefferson200

2(66).pdf.

The Daily Tribune, 2017. HC: No industries within 10km of Sundarbans, 24 August, 2017.

https://www.dhakatribune.com/bangladesh/environment/2017/08/24/hc-no-

industries-within-10km-sundarbans

The Economic Times, 2014. UN joins cleanup efforts as oil spill endangers Bangladesh'

mangrove forest Sundarbans. Read more at:

The Stream, 2014. Oil spill clean-up efforts in Bangladesh draw criticism. December 12, 2014.

Thomas, P., Gulland, F. 2017. Report of the International Workshop on the Conservation of

Irrawaddy Dolphins in the Mekong River. Kratie, Cambodia, January 2017.

UNDP, 2013. Human Development Report.

UNDP, 2014. GEF-Project Document- Integrating Community-based Adaptation into

Afforestation and Reforestation Programmes in Bangladesh

UNDP, 2016. Expanding the Protected Area System to incorporate Important Aquatic

Ecosystems. Bangladesh Aquatic PA project: ProDoc. pp. 99.

Van Bressem, M.F., Minton, G., Sutaria, D., Kelkar, N., Peter, C., Zulkarnaen, M., Mansur,

R.M., Porter, L., Vargas, L.H.R., Rajamani, L., 2014. Cutaneous nodules in Irrawaddy

dolphins: an emerging disease in vulnerable populations. Diseases of Aquatic

Organisms 107(3), 181-189.

WCS/BCDP, 2014. Research on freshwater dolphin ecology and human activities in three

wildlife sanctuaries in the Eastern Sundarbans mangrove forest, Bangladesh.

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Background document prepared by the Wildlife Conservation Society’s Bangladesh

Cetacean Diversity Project, Khulna, Bangladesh.

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Wikipedia-2: https://www.thedailystar.net/country/death-poison-constant-threat-sundarbans-

crustaceans-and-fish-1462498

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Zhou, K., Ellis, S., Leatherwood, S., Bruford, M., and Seal, U. (eds), 1994. Baiji Lipotes

vexillifer population and habitat viability analysis. Mammalogical Society of China,

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Group.

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Part 6

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7 Annexure

Annexure 1

WILDLIFE (CONSERVATION AND SECURITY) ACT, 2012

CHAPTER IX: OFFENCE AND PENALTY

34. Penalties for certain offences. If any person —

(a) forges, exchanges or interferes with any other means or alters registered mark and fixed registered

mark under section 11; or

(b) purchases, sells, imports or exports any wild animal or parts thereof, meat, trophy or any

derivative thereof or forest product or any plant mentioned in schedule IV or derivatives thereof,

from any other person without having licence or permit —

he shall be deemed to have committed an offence and for such offence, be punished with

imprisonment for a term not exceeding 1 (one) year or with a fine of Taka not exceeding 50 (fifty)

thousand or with both and in case of his repetition of the same offence, he shall be punished with

imprisonment for a term not exceeding 3 (three) years or with a fine of Taka not exceeding 2 (two)

lac or with both.

35. Penalties for contravention of the provisions of section 14. If any person does any act

prohibited under section 14, he shall be deemed to have committed an offence and shall be non-

bailable for such offence and be punished with imprisonment for a term not exceeding 2 (two) years

or with a fine of Taka not exceeding 1 (one) lac or with both, and in case of his repetition of the same

offence, he shall be punished with imprisonment for a term not exceeding 5 (five) years or with a

fine of Taka not exceeding 4 (four) lac or with both.

36. Penalties for killing tiger, elephant, etc. (1) If any person kills any tiger or elephant mentioned

in schedule I without obtaining any licence under section 24, he shall be deemed to have committed

an offence and shall be non-bailable for such offence and, be punished with imprisonment for a term

not less than 2 (two) years and not exceeding 7 (seven) years and also with a fine of Taka not less

than 1 (one) lac and not exceeding Taka 10 (ten) lac and, in case of his repetition of the same offence,

he shall be punished with imprisonment for a term not exceeding 12 (twelve) years and with a fine

of Taka not exceeding 15 (fifteen) lac:

Provided that the provisions of this section shall not apply, when a person is attacked by a tiger or

elephant causing threat to life of such person and such tiger or elephant is killed for saving life of

such person:

provided further that when questions of filing a case in this respect arise, the station officer may, in

consultation with the warden, file a case.

(2) If any person collects, acquires or purchases or sells any trophy, uncured trophy, meat, parts of

body of any tiger or elephant mentioned in schedule 1 without obtaining a permit under section 10,

he shall be deemed to have committed an offence and for such offence, be punished with

imprisonment for a term not exceeding 3 (three) years or with a fine of Taka not exceeding 3 (three)

lac or with both and in case of his repetition of the same offence, he shall be punished with

imprisonment for a term not exceeding 5 (five) years or with a fine of Taka not exceeding 5 (five)

lac or with both.

37. Penalties for killing cheetah, lam cheetah, hoolock, sambar deer, crocodile, gharial, whale

or dolphin, etc. (1) If any person kills any cheetah, lam cheetah, hoolock, sambar deer, crocodile,

gharial, whale or dolphin mentioned in schedule I, he shall be deemed to have committed an offence

and for such offence, be punished with imprisonment for a term not exceeding 3 (three) years or with

a fine of Taka not exceeding 3 (three) lac or with both, and in case of his repetition of the same

offence, he shall be punished with imprisonment for a term not exceeding 5 (five) years or with a

fine of Taka not exceeding 5 (five) lac or with both:

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Provided that the provisions of this section shall not apply, if a person is attacked by a cheetah or

crocodile causing threat to life of such person and the cheetah or crocodile is killed for saving life of

such person:

Provided further that when questions of filing a case in this respect arise, the station officer may, in

consultation with the warden, file a case.

(2) If any person collects, acquires or purchases or sells or transports any trophy, uncured trophy,

meat, parts of body of cheetah, lam cheetah, hoolock, sambar deer, crocodile, gharial, whale or

dolphin mentioned in schedule I, he shall be deemed to have committed an offence and for such

offence, be punished with imprisonment for a term not exceeding 2 (two) years or with a fine of Taka

not exceeding 1 (one) lac or with both, and in case of his repetition of the same offence, he shall be

punished with imprisonment for a term not exceeding 4 (four) years or with a fine of Taka not

exceeding 2 (two) lac or with both.

38. Penalties for killing birds or migratory birds, etc. (1) If any person kills any birds or migratory

birds mentioned in schedule I and II, he shall be deemed to have committed an offence and for such

offence, be punished with imprisonment for a term not exceeding 1 (one) year or with a fine of Taka

not exceeding 1 (one) lac or with both, and in case of his repetition of the same offence, he shall be

punished with imprisonment for a term not exceeding 2 (two) years or with a fine of Taka not

exceeding 2 (two) lac or with both.

(2) If any person collects, acquires or purchases or sells or transports any trophy, uncured trophy,

meat, parts of body of birds or migratory birds mentioned in schedule I and II, he shall be deemed to

have committed an offence and for such offence, be punished with imprisonment for a term not

exceeding 6 (six) months or with a fine of Taka not exceeding 30 (thirty) thousand or with both, and

in case of his repetition of the same offence, he shall be punished with imprisonment for a term not

exceeding 1 (one) year or with a fine of Taka not exceeding 50 (fifty) thousand or with both.

39. Penalties for contravention of the provisions of sections 6, 10, 11 and 12. If any person

contravenes the provisions of section 6, 10, 11 or 12, he shall be deemed to have committed an

offence and for such offence, be punished with imprisonment for a term not exceeding 1 (one) year

or with a fine of Taka not exceeding 50 (fifty) thousand or with both, and in case of his repetition of

the same offence, he shall be punished with imprisonment for a term not exceeding 2 (two) years or

with a fine of Taka not exceeding 1 (one) lac or with both.

40. Penalties for contravention of the provisions of sections 24 and 27. If any person contravenes

the provisions of section 24 or 27, he shall be deemed to have committed an offence and for such

offence, be punished with imprisonment for a term not exceeding 1 (one) year or with a fine of Taka

not exceeding 50 (fifty) thousand or with both, and in case of his repetition of the same offence, shall

be punished with imprisonment for a term not exceeding 2 (two) years or with a fine of Taka not

exceeding 1 (one) lac or with both.

41. Penalties for abetment, instigation, etc. If any person abets, directly or indirectly, to commit an

offence, or instigates to commit an offence under this Act, and if the act abetted or instigated is

committed in consequence thereof, he shall be punished with the penalty provided for that offence.

42. Penalties for filing a case of false or harassment or wrongful seizure. (1) If any officer,

authorized under this Act by contravening any provision under this Act seizes any article or material

or harasses any person, he shall be deemed to have committed an offence, and for such offence, be

punished with imprisonment for a term not exceeding 6 (six) months or with a fine of Taka not

exceeding 50 (fifty) thousand.

(2) If the accused is acquitted by a court at the end of hearing and trial of any case filed under this

Act and the court mentions it clearly in the judgement that the complaints brought against the accused

is false, groundless and harassing, the complainant shall be deemed to have committed an offence

and for such offence, be punished with imprisonment for a term not exceeding 1 (one) year or with a

fine of Taka not exceeding 1 (one) lac or with both.

43. Cognizibility, non-cognizibility, bailability, non-bailability and compoundability of

offences. Offences committed under section 36 shall be cognizable and non-bailable and the offences

committed under other sections, except the section, shall be non-cognizable, bailable and

compoundable subject to compensation.

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44. Cognizance and trial of offences. (1) No court shall take cognizance of any offence committed

under this Act without a written complaint by any officer authorized under this Act or any person

affected, subject to the provisions of section 43.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or

any other law, offences committed under this Act shall be triable by a Judicial Magistrate of the first

class or, as the case may be, a Metropolitan Magistrate:

Provided that for carrying out the purposes of this Act, offences committed under this Act shall be

triable by any Special Magistrate or any Special Metropolitan Magistrate, as the case may be,

authorized under section 12 of the Code of Criminal Procedure, 1898.

(3) Notwithstanding anything contained in sub-section (2) and in the Code of Criminal Procedure,

1898, offences under section 36 shall be triable by the Court of Sessions.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any Judicial

Magistrate of the first class, or a Metropolitan Magistrate may impose any fine provided for the

offences in this Act upon the persons convicted.

45. Application of Code of Criminal Procedure. The provisions of the Code of Criminal Procedure

shall, subject to not inconsistent with the provisions of this Act, be applicable to investigation, trial

and appeal of any offence and other related matters under this Act.

46. Offences committed by Companies, etc. — If a company commits an offence under this Act,

each director, manager, secretary, partner, officer and staff involved directly with committing such

offence, shall be deemed to have committed such offence, unless he can prove that the offence was

committed without his knowledge or that he exercised all due diligence to prevent the commission

of such offence.

Explanation. —In this section,—

(a) "company" means any commercial firm, partnership business, society, association and includes any organization; and

(b) "director", means any partner in the commercial firm or includes any member of the managing

board.

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Annexure 2

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Annexure 3

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Annexure 4

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Annexure 5

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Annexure 6

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Annexure 7

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Annexure 8

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Annexure 9

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Annexure 10

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Annexure 11

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Annexure 12


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