Prosecution Of Illegal Fishing In Nepalese Rivers And Lakes
Prosecution of Illegal Fishing in Nepal
1. Narayani River / Chitwan National Park Arrests (May 2021)
Facts:
In May 2021, 24 individuals were arrested while fishing in the Narayani River and nearby streams within Chitwan National Park. These individuals were caught fishing indigenous fish species during the spawning season. Authorities seized approximately 200 kilograms of fish and 44 fishing nets.
Legal provisions invoked:
Chitwan National Park Regulations prohibit fishing inside the park or its rivers during prohibited seasons.
Aquatic Animal Protection Act 1961 prohibits catching protected species or fishing using illegal methods in designated areas.
Prosecution reasoning:
The act of fishing during a prohibited period in a protected area constituted a direct violation of park regulations and national law.
The presence of nets and fish during the spawning season was sufficient evidence for prosecution.
Outcome:
The arrested individuals were fined up to Rs 10,000 each and faced potential imprisonment of up to six months.
Confiscated fishing nets and fish were destroyed.
Significance:
This case illustrates strict enforcement of fishing prohibitions in protected areas and the linkage between conservation law and criminal liability.
2. Ridi River Electro-fishing Arrests, Gulmi District (April 2020)
Facts:
Four individuals were apprehended while using electrical devices to stun fish in the Ridi River. The illegal method resulted in mass killing of aquatic life.
Legal provisions invoked:
Water Bird Conservation Act 2017 and Aquatic Animal Protection Act 1961 prohibit electro-fishing and other destructive fishing methods.
Prosecution reasoning:
The use of electricity to catch fish is explicitly banned because it indiscriminately kills fish and other aquatic species.
Possession of the electrical device alongside dead fish constituted sufficient evidence of illegal fishing.
Outcome:
Arrests were made, and prosecution was initiated under both the Aquatic Animal Protection Act and the Water Bird Conservation Act.
Equipment used for fishing was confiscated.
Significance:
Demonstrates the enforcement of method-specific prohibitions and the use of criminal law to protect aquatic biodiversity.
3. Illegal Fishing in Bagmati River, Kathmandu (2019)
Facts:
Local authorities discovered individuals fishing with nets and rods in restricted stretches of the Bagmati River. The fishing occurred during a government-declared closed season to protect spawning fish.
Legal provisions invoked:
Fisheries Act provisions on prohibited fishing seasons.
Local municipal regulations restricting fishing in certain river stretches.
Prosecution reasoning:
The timing of fishing during the closed season violated statutory protections for fish populations.
Use of large nets indicated commercial intent, exacerbating the offense.
Outcome:
Fishermen were fined and their nets confiscated.
In some cases, community service in environmental conservation was ordered.
Significance:
Highlights seasonal restrictions as a legal tool for protecting fish populations.
Establishes precedent for combining fines with restorative measures.
4. Tamor River Illegal Dynamite Fishing (Sunsari District, 2018)
Facts:
Authorities apprehended two individuals using explosives to catch fish in the Tamor River. This method killed large numbers of fish and damaged river habitats.
Legal provisions invoked:
Explosive use in fishing is prohibited under the Aquatic Animal Protection Act and Explosives Control Act.
Causing environmental harm is punishable under general environmental protection laws.
Prosecution reasoning:
Use of explosives not only violates fisheries law but also endangers humans and destroys habitats.
The combination of method and quantity of fish killed strengthened the criminal case.
Outcome:
Imprisonment of six months was imposed.
Explosives confiscated and destroyed.
Significance:
Case serves as a landmark in prosecuting environmentally destructive fishing methods.
Reinforces the dual protection of human safety and aquatic ecosystems.
5. Illegal Fishing by Indigenous Communities, Chitwan Buffer Zone (2017)
Facts:
Members of the Bote and Majhi communities were arrested for fishing within the buffer zone of Chitwan National Park without a permit. Fishing was their traditional livelihood practice.
Legal provisions invoked:
Chitwan National Park Buffer Zone Regulations.
Aquatic Animal Protection Act 1961.
Prosecution reasoning:
Although fishing was traditional, entry into the buffer zone without authorization violated national law.
Confiscation of boats and nets was justified to enforce legal boundaries.
Outcome:
Arrests made, but fines were minimized due to traditional usage considerations.
Community negotiations were initiated to allow regulated fishing in certain zones.
Significance:
Shows conflict between traditional rights and modern conservation law.
Highlights the need for culturally sensitive enforcement mechanisms.
6. Illegal Import and Sale of Fish, Chitwan (2022)
Facts:
560 kg of fish were seized from illegally imported consignments smuggled from India. Much of the fish was contaminated and unsuitable for human consumption.
Legal provisions invoked:
Fisheries Act 2015 on import regulations.
Public health and safety regulations regarding contaminated food.
Prosecution reasoning:
Smuggling violated both fisheries law and public health standards.
Sale of contaminated fish posed serious risk to consumers.
Outcome:
Fish were destroyed.
Arrests were made and prosecution initiated under the Fisheries Act.
Significance:
Demonstrates that illegal fishing and illegal trade are linked under Nepalese law.
Enforcement protects both biodiversity and public health.
✅ Key Takeaways from These Cases
Multiple Methods Prohibited: Electro-fishing, explosives, poison, and netting in closed seasons are all criminal offenses.
Protected Areas Have Stronger Penalties: Fishing in parks or buffer zones triggers fines and imprisonment.
Traditional Rights vs Conservation: Courts and authorities sometimes mitigate penalties for indigenous communities.
Enforcement is Evidence-Based: Arrests often rely on seizure of fish, nets, or devices used in illegal fishing.
Environmental Protection Integration: Offenses often overlap with environmental law, wildlife protection, and public health regulations.
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