IRRAWADDY DOLPHIN AND CASTNET FISHERMEN PROTECTED AREA HAS NOT BEEN ESTABLISHED IN MYANMAR YET.
It has been found in some websites, referring to the Wildlife Conservation Society (WCS) website, that a Protected Area for the Irrawaddy dolphin is established in Myanmar by the government.
According to the Chapter IV, Article 8(a) of the "The Protection of Wildlife and Protected Areas Law (The State Law and Order Restoration Council Law No. 6/94)" enacted on the 8th. June, 1994, signed by the Senior General Than Shwe, Chairman of the then State Law and Order Restoration Council, the minister for Forestry may in any area, with the approval of the Government and for the purpose of the objective of this Law, by notification if necessary-
(i) designate protected areas according to the categories;
(ii) establish zoological gardens and botanical gardens.
In the Chapter 8, "Duties and Powers of the Director General", of the "Freshwater Fisheries Law (The State Law and Restoration Council Law No. 1/91)", enacted on 4th March, 1991, signed by Senior General Saw Maung, Chairman of the then State Law and Order Restoration Council, it is described in Article 22, Section (c) that "determining the prohibited species of fish, size, fishing season, place, fishing implement and method of fishing" as a duty of the the Director General of Department of Fisheries.
On 28th. December 2005, practicing the above mentioned duties and powers under Article 22 of the "Freshwater Fisheries Law", a notification, No. 11/2005, signed by Khin Ko Lay, Director, Department of Fisheries, for the Director General, was issued by the Department of Fisheries to prohibit the catching fish using with the –
(1) gillnet obstructed in waterway;
(2) gillnet stretched from bank to bank of the river;
(3) drift net longer than 300 feet; and
(4) fishing implements and fishing methods that prohibited by the Department of Fisheries from time to time
in the Ayeyawady river, starting from the points of Sagaing Division, Shwebo District, Kyaukmyaung Township, in front of Yae Daw Pagoda (Latitude 22.60903°N; Longitude 95.94280°E) and Mandalay Division, Pyin Oo Lwin District, Singu Township (Latitude 22.61039°N; Longitude 95.94774°E) to the points of Sagaing Division, Mingun mountain range, in front of Baw Di Ta Htaung Pagoda (Latitude 22.03937°N; Longitude 96.02235°E) and Mandalay Division, Mandalay city, Nan Daw Kyun point (Latitude 22.03831°N; Longitude 96.03477°E) in order to safeguard and prevent the extinction of Ayeyawady dolphins.
The notification also stipulated that-
fishermen shall make a gap more than 600 feet between net by net, which are not the prohibited implement;
the catching or killing of Ayeyawady dolphins and trade in whole or parts of them is also prohibited and in the case of accidentally caught by fishing net, fishermen shall release them alive without delay.
According to the above mentioned Laws and notification, it is quite clear that only the Minister for Forestry has authority to establish a Protected Area and it, maybe, wrongly sighted to the notification No. 11/2005 by the Department of Fisheries as a notification for the establishment of the Protected Area for the Irrawaddy dolphins.
Therefore, Protected Area for the Irrawaddy dolphins has not been officially established and existed in Myanmar till today.
Tint Tun
Marine Biologist
Union of Myanmar
email: tinttun@gmail.com