Siam Shafi
The Bay of Bengal’s profound geostrategic importance renders emerging challenges there a global concern. The Bay remains pivotal in influencing geopolitical dynamics due to its advantageous geographical position, vast natural resources, and immense strategic importance as a maritime trade route. Particularly, the Bay of Bengal possesses historical significance as an economic corridor for commercial maritime trade routes connecting the Eastern and Western hemispheres. Fisheries of the Bay of Bengal play a significant role in meeting people’s protein demands. The Bay of Bengal yields approximately 6 million tons of fish annually, accounting for 4% of the global catch, and supplies protein for approximately 400 million people in the Bay of Bengal region (1). This write-up attempts to discuss the emerging challenges in the Bay of Bengal concerning plastic pollution and overexploitation of marine resources. To prevent plastic pollution and overexploitation of marine resources in the Bay of Bengal, the author addresses new policies and standards consistent with the United Nations Convention on the Law of the Sea (UNCLOS) and emphasizes the use of modern technologies and effective ocean governance.
The Bay of Bengal annually receives 2.6 million tons of disposable plastic, transported via 18 transboundary rivers, carrying 15,345 tons of waste from single-use plastics daily, out of which 2519 tons arrive from India, while Myanmar contributes 284 tons (2). Around 443 microplastic particles were detected in the intestines of marine fish, namely H. translucens, S. gibbose, and H. nehereus, ranging from three to nine components on average for each species (3). Moreover, the digestive tracts of marine fish contain many microplastic particles, indicating widespread plastic contamination in the Bay of Bengal’s marine ecosystem. In addition, humans can ingest harmful chemicals derived from microplastic particles when they consume seafood. As a result, humans can contract a variety of fatal diseases, including cancer (4). Consequently, the presence of microplastics in the Bay of Bengal marine fish raises concerns regarding the food security of many people who rely on this protein source. Transboundary Diagnostic Analysis (TDA) identified several key issues in the Bay of Bengal, including the overexploitation of marine living resources (5). Overfishing marine species with extended life cycles and at the top of food chains causes irrevocable damage to the marine ecological equilibrium (6). The primary factors contributing to the decline in biodiversity include overfishing, the use of illegal and damaging fishing methods such as set bags and monofilament gillnets, and the vast collection of shrimp larvae (7). Further, overfishing can cause an ecological imbalance in the Bay of Bengal’s marine ecosystem due to the disappearance and dominance of certain marine species. Besides, many of the people living in the Bay of Bengal region fall under the poverty line and depend heavily on marine resources. For this reason, the ongoing deterioration of marine resources in the Bay of Bengal region can severely affect coastal people’s livelihood and overall economic development.
Even though there is an active
Maritime Affairs Unit within the Ministry of Foreign Affairs of Bangladesh, the
country requires a Ministry of Ocean Affairs (MOA) or a distinct ministry
dedicated to marine affairs (8). The Ministry of Ocean Affairs (MOA) can
greatly aid in dealing with marine pollution, bycatch, and illegal, unreported,
and unregulated (IUU) fishing. MOA will facilitate playing a crucial role in
establishing and enforcing maximum allowable fish catch levels and maximum
sustainable fish yield. Besides, several technologies like TrashBoom, Marine
Microplastic Removal Tool, and TrashTrap may aid in collecting and removing
microplastics from the ocean. TrashBoom is a swimming barrier that captures
most floating plastics in rivers (9). In particular, TrashBoom is highly
effective in capturing plastic debris, preventing it from flowing into the
ocean. The Marine Microplastic Removal Tool is a specialized sand filter
explicitly designed to capture microplastics directly, while TrashTrap has 97%
efficiency in removing plastic debris (10). According to Article 61 of the
United Nations Convention on the Law of the Sea (UNCLOS), States shall ensure
proper conservation and management measures by considering the best scientific
evidence available so that living marine resources are not endangered by
overexploitation. To comply with the obligation, Bangladesh can follow the
European Union’s Common Fisheries Policy (CFP) for a sustainable ecosystem and
to eliminate IUU fishing or overfishing practices in the Bay of Bengal. The
historical decrease in overfishing in European countries became evident after the CFP was adopted. Some measures of CFP include setting total allowable catches,
implementing quotas, establishing protected areas, and promoting selective
fishing techniques (11). Article 266 of the UNCLOS further encourages States to
foster the advancement and sharing of marine technologies. Considering this, Bangladesh is required to adopt a Remote Electronic Monitoring (REM) system to reduce overfishing. REM comprises sensors, cameras, and GPS (12). Sensors
monitor how the fishing equipment is used, cameras capture the fishermen
sorting or discarding fish, and GPS indicates the boat’s precise location.
Therefore, regulatory authorities can more effectively identify fishing law
infringements by analyzing REM’s data and information. Although the High Court
Division of the Supreme Court of Bangladesh, in the case of BELA v. Ministry of Environment, Forest and
Climate Change and others, ordered
the Bangladesh government to ban single-use plastic products throughout the
country (13), the government has yet to make visible progress in stopping the
production and consumption of single-use plastic products (14). Accordingly,
enactment of separate legislation related to plastic pollution prevention is
urgently needed to combat the disposal of microplastics in the Bay of Bengal.
To conclude, being a party to the UNCLOS, Bangladesh should consider these
challenges by adopting new standards and rules.
Siam Shafi is a final-year
undergraduate law student and a legal researcher at BRAC University. His areas
of interest include Constitutional Law, International Human Rights Law,
International Humanitarian Law, and Law of the Sea. He may be reached at md.siam.shafi@g.bracu.ac.bd.
Notes:
(1) Islam, M. M. (2019, August 10). Alarming plastic pollution in the Bay of Bengal. The Daily Star. https://www.thedailystar.net/opinion/environment/news/alarming-plastic-pollution-the-bay-bengal-1784278
(2) Environment and Social Development Organization. (2023, August 23). Historic Global Plastic Treaty should change the tragic tale of our River. ESDO. https://esdo.org/2023/08/historic-global-plastic-treaty-should-change-the-tragic-tale-of-our-river/
(3) Hossain, M. S., Sobhan, F., Uddin, M. N., Sharifuzzaman, S. M., Chowdhury, S. R., Sarker, S., & Chowdhury, M. S. N. (2019). Microplastics in fishes from the northern Bay of Bengal. The Science of The Total Environment, 690, 821-830. https://doi.org/10.1016/j.scitotenv.2019.07.065
(4) Davey M. (2023, March 28). Plastics cause wide-ranging health issues from cancer to birth defects, landmark study finds. The Guardian. https://www.theguardian.com/environment/2023/mar/29/plastics-cause-wide-ranging-health-issues-from-cancer-to-birth-defects-landmark-study-finds
(5) Elayaperumal, V., Hermes, R., & Brown, D. (2019). An Ecosystem Based Approach to the assessment and governance of the Bay of Bengal Large Marine Ecosystem. Deep Sea Research Part II: Topical Studies in Oceanography, 163, 87-95. https://doi.org/10.1016/j.dsr2.2019.01.001
(6) Batini, N. (Ed.). (2021). The Economics of Sustainable Food: Smart Policies for Health and the Planet. Island Press, p.203.
(7) Hossain, M., & Hasan, M. R. (2021). Dwindling Coastal Fisheries Biodiversity of Bangladesh: The Causes and Effects. Journal of the Indian Society of Coastal Agricultural Research, 39(2), 105-122. http://dx.doi.org/10.54894/JISCAR.39.2.2021.111181
(8) Alam, M. W., Xiangmin, X., Ahamed, R., Mozumder, M. M. H., & Schneider, P. (2021). Ocean governance in Bangladesh: Necessities to implement structure, policy guidelines, and actions for ocean and coastal management. Regional Studies in Marine Science, 45, 101822. https://doi.org/10.1016/j.rsma.2021.101822
(9) Hirsch, K. (2022, March 3). Stopping marine plastic pollution from rivers requires efficient and cost-effective technologies. World Economic Forum. https://www.weforum.org/agenda/2022/03/how-technology-can-help-us-stop-marine-plastic-pollution/
(10) Schmaltz, E., Melvin, E. C., Diana, Z., Gunady, E. F., Rittschof, D., Somarelli, J. A., Virdind, J., & Dunphy-Daly, M. M. (2020). Plastic pollution solutions: emerging technologies to prevent and collect marine plastic pollution. Environment International, 144, 106067. https://doi.org/10.1016/j.envint.2020.106067
(11) Frost, H., & Andersen, P. (2006). The Common Fisheries Policy of the European Union and fisheries economics. Marine Policy, 30(6), 737–746. http://dx.doi.org/10.1016/j.marpol.2006.01.001
(12) Course, G. (2017). Remote Electronic Monitoring. WWF-UK. https://www.wwf.org.uk/sites/default/files/2017-10/Remote%20Electronic%20Monitoring%20in%20UK%20Fisheries%20Management_WWF.pdf
(13) BELA v. Ministry of Environment, Forest and Climate Change and others [2019] HCD Writ Petition No. 14941.
(14) Roy, P. (2023, June 6). Ban on single-use plastic: No
visible step to enforce HC order. The
Daily Star. https://www.thedailystar.net/news/bangladesh/news/ban-single-use-plastic-no-visible-step-enforce-hc-order-3338746
