Territorial Waters and Maritime Zones Rules, 1977

THE TERRITORIAL WATEltS AND MARITIME ZONES RULES, 1977 3. Regulation of conduct of foreign ships in the Territorial Waters.-(1) Passage of foreign ships through the territorial waters shall be considered prejudicial to the security or interest of Bangladesh if it engages in any of the following activities, namely: (f) embarking or disembarking any person or loading or unloading of any commodity or currency in violation of any laws or rules in force in Bangladesh relating to customs, fiscal matters, immjgration , health or sanitation; (g) any act of wilful or serious marine pollution; (h) fishing; (i) carry out any search or survey activities. 4. Construction of installation, etc., by the Government in the economic zone.- The Government may construct, maintain or operate within the economic zone installations, artificial islands and other structures for carrying on any scientific research, conservation of marine environment, including pollution control, and any other activities for the economic exploitation and exploration of the zone, such as the production of energy from the tide, wind current and sun, and shall exercise such other rights as it is entitled under the international law. 5. Regulation of conduct of persons in the economic zone.-(1) No person shall, except under, and in accordance with the terms of, any agreement with the Government or a licence granted by the competent authority, explore or exploit fishing, mineral oil and any other natural resources, both living and non-living, of the economic zone or drill therein or construct, maintain or operate therein for any purpose whatsoever any artificial island, off-shore terminal, installation or other structure or device. 6. Reservation of certain areas within the economic zone,etc.-( l) The Government may, by notification in the official Gazette, decJare any area within the economic zone to be a reserved area in the national interest of Bangladesh for the purpose of exploration, exploitation and economic development and for the production of energy from the tide, wind, current and sun. (2) No person including a Iicencee, shall explore or exploit fishing, mineral oil and any other natural resources of the reserved area or carry out any search or ex.cavation or conduct any research within the reserved area or drill therein or construct, maintain or operate therein for any purpose whatsoever any artificial island, off-shore tenninal, installation or other structure or device. 8. Ships to be subject to navigational regulations, etc.~( 1 ) Every ship used in fishing, in the economic zone shall be subject to any law relating to navigation for the time being in force. (2) The location of nets, traps set by such a ship shall be prominently displayed by such means as may be specified by the competent authority. (3) Every such ship shall be clear of the navigation channel and specified routes of commercial vessels. 9. Dynamiting and poisoning prohibited.· No person sha11 use dynamite or other explosive substance or poison, lime or noxious material for fishing or destroying fish in the economic zone. 10. Closed season, etc.- Notwithstanding anything contained in these rules, the Government may, by notification in the official Gazette, declare any period to be a period during which, and any area to be an area within which, fishing of all or any specified description of fish shall be prohibited in the economic zone. 11. Power to stop, search, etc.•(l) Where the competent authority has reason to believe that within the economic zone any ship has been, is being, or is about to be, in the process of contravening any of the provisions of these rules, it may at any time, stop any such ship, and (a) rummage and search or cause to be rummaged and searched any part of the ship; (b) examine and search or cause to be examined and searched any goods including fish thereon; (c) break upon or cause to be broken open the lock of any door, fixture or package for making search or cause to be searched (2) Where in the circumstances referred to in sub-rule (1), it becomes necessary to stop any ship, it shall be lawful for any vessel or aircraft in the service of the Government while flying her proper flag or bearing flag marks and the competent authority to summon such ship to stop, by means of an international signal, code or other recognised means, and thereupon such ship shall forthwith stop, and if it fails to do so, chase may be given thereto by arty vessel or aircraft as aforesaid and if after a gun is fired as a signal the ship fails to stop, it may be fired upon. 15. Application of customs and fiscal laws to economic zone.- AH laws, rules and regulations in force in Bangladesh relating to customs and other fiscal matters shall apply in relation to all natural resources, including fish within the economic zone, both living and non.Jiving on or under the seabed and sub-soil or on the water surface or within the water column. 16. Punishable for contravention of rules.-()) Whoever contravenes any of the provisions of these rules shall be punishable with imprisonment which may extend to one year or with fine which may extend to Taka five thousand. (2) Where the person violating any of the provisions these rules is a company, every director, manager secretary or other officer or agent thereof shall, unless he proves that tb.e contravention was committed without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention an shall be liable to proceeded against and punished accordingly. Note : See also the Marine Fisheries Ordinance, 1983 as has been referred to in sector 10.4.1.