People's Republic Of China Fisheries Law

Original Language Title: 中华人民共和国渔业法

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Standing Committee of the national people's Congress on revising the People's Republic of China Fisheries Act decision (attached: People's Republic of China fisheries law (2000 revision)) (August 28, 2004, deputies of the 11th meeting of the Standing Committee by) deputies of the 11th meeting of the Standing Committee decided to People's Republic of China Fisheries Act read as follows: the 16th paragraph is amended as: "the State shall encourage and support good Aquatics breeding, Cultivation and promotion. New aquatic varieties must be approved by the national original species and aquatic varieties examination Committee, departments of fishery administration after the announcement by the State Council to promote. "This decision come into force on the date of promulgation.
People's Republic of China Fisheries Act be revised in accordance with this decision, republished. Attachment: People's Republic of China fisheries law (2004 revision) (dated January 20, 1986 adopted at the 14th session of the national people's Congress Standing Committee session on October 31, 2000, the 18th meeting of the Standing Committee of the ninth the modification of People's Republic of China fisheries law, the first amendment of the decision on August 28, 2004 deputies of the 11th meeting of the Standing Committee adopted
August 28, 2004 People's Republic of China presidential order released 25th, as of the date of promulgation of the deputies of the 11th meeting of the Standing Committee on revising People's Republic of China fisheries law, the decision of the second amendment) chapter III of the list of chapter I General provisions chapter II aquaculture fisheries proliferation and protection of fishery resources in the fourth chapter of the fifth chapter of legal responsibility for the sixth chapter supplementary articles chapter I General provisions
First in order to enhance fishery resources protection, proliferation, development and rational use of development of artificial breeding, and safeguard the legitimate rights and interests of fishery production, promote the development of fishery production, meet the needs of Socialist and people's lives, this law is enacted.
Article People's Republic of China waters, beaches, the territorial sea, the exclusive economic zone as well as the People's Republic of China all other sea areas under the jurisdiction in aquaculture and capture fisheries production activities such as aquatic animal, aquatic plant, must comply with this law.
Third national fisheries production dominated by farming, aquaculture, fishing and processing both in accordance with local conditions, the focused approach.
People's Governments at all levels fish production should be integrated into the national economic development plan, and to take measures to strengthen unified planning and comprehensive utilization of water.
Fourth State encourages fishery research, science and technology, dissemination of advanced technologies, raise the level of fishery science and technology.
Article fifth in proliferation and protection of fisheries resources and the development of fisheries production and fisheries science research units and individuals who have achieved significant, by the people's Governments at all levels to give spiritual or material awards. Sixth fishery administrative departments of the State Council in charge of the nation's fisheries. Local fishery administrative departments of the people's Government at or above the county level fisheries work within their respective administrative areas.
Fishery administrative departments of the people's Governments above the county level can be important fishing areas and fishing ports to set up fishery management agencies. Fishery administrative departments of the people's Governments above the county level and their respective fishery management agencies can set up fishery inspectors.
Fishery inspectors perform fishery administrative departments and their fishery supervisory authority the tasks entrusted to it.
Seventh national monitoring of fisheries management, unified leadership and management at different levels.
Marine fisheries, with the exception of designated by the State Council in charge of fishery administration departments of the State and the supervision and management of the fishery supervision and administration bodies waters and fishery resources in specific fishing grounds outside, adjacent to the waters of the province, autonomous region or municipality departments of fishery administration supervision and management.
Fisheries in rivers, lakes and other waters, according to the Administrative Division consists of the relevant fishery administrative departments of the people's Governments above the county level management; cross administrative division, by the relevant local people's Governments at or above the county level shall develop management approaches, or the upper-level people's Governments in charge of fishery administration departments and their fishery supervisory authority supervision and management.
Eighth nationals, foreign fishing vessels into People's Republic of China waters, engage in fishery production and fishery resources survey activities must be approved by the competent departments of the State Council, and in accordance with this law and People's Republic of China provisions of other relevant laws and regulations; People's Republic of China of a treaty or agreement, in accordance with the treaties, agreements to handle.
State administration of fishery and fishing harbor supervision administration of fishery and fishing harbor supervision with foreign powers.
Nineth fishery administrative departments and their fishery management bodies and their staff shall not participate in and engage in fishery production and business activities.
Tenth chapter II aquaculture the State encourages units, collectively owned by units and individuals take advantage of waters, beaches suitable for farming, the breeding. 11th the State unified planning of water use and can be used for aquaculture waters and beaches. Units and individuals using the ownership of national plans for aquaculture waters, beaches, the consumer should apply to the local fishery administrative departments of the people's Government at or above the county level, issued by the people's Governments at the corresponding level aquaculture permits, license the use of the waters and beaches in aquacultural production.
Issuing aquaculture permits specific measures formulated by the State Council.
Under collective ownership or of people from agricultural collective economic organizations shall use water, beaches, can be contracted by the individual or collective, engaged in aquaculture production.
12th local people's Governments at or above the county level shall, in issuing aquaculture licences, should give priority to local fishery workers. 13th the parties arising out of the use of national plans for aquaculture waters and beaches in aquacultural production dispute occurred, in accordance with the relevant provisions of the law of procedure.
Before the dispute, either party may disrupt production.
Article 14th expropriation of collectively owned waters and beaches of nation-building, in accordance with the People's Republic of China Law on expropriation of land management regulations.
15th local people's Governments at or above the county level shall take measures to enhance fish production bases and important breeding areas in the suburbs of the city of protection. 16th the State encourages and supports aquatic products breeding, cultivation and popularization of good.
New aquatic varieties must be approved by the national original species and aquatic varieties examination Committee, departments of fishery administration after the announcement by the State Council to promote.
Aquatic fingerlings imported and exported by the State Council in charge of fishery administration departments or fishery administrative departments of the people's Governments of provinces, autonomous regions and municipalities for approval. Aquatic seed production by the local fishery administrative departments of the people's Government at or above the county level for approval.
However, self education, personal use fisheries producers except aquatic fingerlings.
17th aquatic fingerlings of import, export and quarantine must be implemented, prevent the introduction of disease within and from outside, relating to animal and plant entry and exit quarantine specific quarantine work in accordance with the laws and administrative rules and regulations.
Introduction of genetically modified seed must evaluate the safety of aquaculture, specific administrative work in accordance with the relevant provisions of the State Council.
Article 18th fishery administrative departments of the people's Governments above the county level shall strengthen the production of technical guidance and disease prevention.
Article 19th in aquacultural production shall not be used with toxic and harmful bait and feed.
20th in aquacultural production shall protect the ecological environment, and scientifically determine breeding density, and proper feeding, fertilizing, use of drugs, must not cause water pollution.
21st chapter III fishing countries in the financial, credit and tax and other measures to encourage and support the development of offshore fishing, and according to the amount of harvestable fisheries resources, arranging for inland and inshore fishing effort. 22nd State under the principle of catches below the increase of fishery resources, determine the total allowable catch of fisheries resources and the fishing quota system. Fishery administrative departments of the State Council is responsible for fishery resources investigation and assessment, providing scientific basis for implementing the fishing quota system. People's Republic of China inland seas, territorial waters, exclusive economic zones and other sea areas under the jurisdiction of the total fishing quota determined by the fishery administrative departments of the State Council, reported to the State Council for approval issued by the stepwise decomposition State determines the total catch limit for major rivers and Lakes by the provinces, autonomous regions and municipalities to determine or negotiated, issued by the stepwise decomposition.
Of the total fishing quota allocation should reflect the principles of fairness and justice, allocation and distribution of the results must be open to the public, and accept their supervision.
Fishery administrative departments of the State Council, and provincial, autonomous regional and municipal fishery administrative departments should strengthen the supervision and inspection of the fishing quota system implementation, the fishing quota targets in excess of by higher authorities shall be reduced in its fishing quota targets the following year.
23rd State fishing permit system imposed on fishing. Marine major trawl, purse seining and People's Republic of China and the State administration of the concluded agreements to determine common areas or engaged in fishing operations on the high seas fishing permit, issued by the fishery administrative departments of the State Council approved.
Other job fishing licenses, approved by the local fishery administrative departments of the people's Government at or above the county level shall issue, but granted fishing licences may not be more than the State of the marine operations of the ship network tool control, specific measures by the people's Governments of provinces, autonomous regions and municipalities.
Fishing licences may not be sold, leased or otherwise transferred shall not be altered, forged or altered.
To the sea areas under the jurisdiction of other States engaged in fishing operations shall be approved by the fishery administrative departments of the State Council, and comply with the People's Republic of China concluded or acceded to by the relevant treaties, agreements and laws of the country concerned.
24th to the following conditions, fishing permit can be issued: (a) a fishing vessel inspection certificate, (ii) commercial fishing vessel registration certificate, (iii) meet other requirements prescribed by the fishery administration departments of the State Council. Local people's Governments at or above the county level fishery administrative departments approved the issuance of fishing licences shall be issued by the fishery administration departments with superior fishing quota targets match.

25th units and individuals engaged in fishing operations, according to fishing licences on job type, location, time frame, the number of fishing gear and fishing quota provisions of the job, and to comply with State regulations on the conservation of fishery resources, large fishing vessels shall fill in the fishing log. Article 26th manufacturing, renovation, acquisition, importation of ships engaged in fishing operations after the fishing vessel inspection departments inspected, it must, before launching work.
Specific management measures formulated by the State Council. 27th fishing port construction should comply with national unity plan, applying the principle of who invest and who benefited.
Local people's Governments at or above the county level should be located in the fishing port of strengthening supervision and management in the administrative areas, maintain normal order of fishing ports. The fourth chapter of fishery resources multiplication and protection of 28th fishery administrative departments of the people's Governments above the county level should be on the management of fishery waters of unified planning, measures the proliferation fishery resources. Fishery administrative departments of the people's Governments above the county level can contribute to the benefit unit and personal collection of fishery resources enhancement and protection fees, devoted to the proliferation and protection of fisheries resources.
Measures for fisheries resources enhancement and protection fee collection by fishery administrative departments of the State Council in conjunction with the Ministry of development, submitted to the State Council for approval before implementation. 29th national aquatic germplasm resources and their habitat protection, and have high economic value of aquatic germplasm resources and genetic breeding value of the main breeding area of aquatic germplasm resources conservation areas.
Without the fishery administrative departments of the State Council's approval, any entity or individual not engaging in fishing activities in aquatic germplasm resources conservation areas. 30th prohibits the use of fish, fish, fish and other fishery resources by fishing. Prohibition of the manufacture, sale, use of banned fishing gear. Prohibited in closed areas, closed seasons for harvesting. Prohibiting the use of less than the minimum mesh size of nets for fishing. Catches of young fish caught shall not exceed a prescribed percentage.
In closed areas or closed seasons in the prohibition of the sale of illegal fishing catches.
Protection standard of fishery resources and fishing, closed areas and closed seasons, prohibition of the use of or restrictions on the use of fishing gear and fishing methods, minimum mesh sizes, and other measures for protecting fishery resources, fishery administrative departments under the State Council or provincial, autonomous regional and municipal people's Governments in charge of fishery administration departments. 31st ban on fishing have important economic value of FRY of aquatic animals.
Due to farming or other special needs, fishing is of great economic value of seed or ban the gravid body, must be approved by the departments of fishery administration under the State Council or provincial, autonomous regional and municipal people's Governments in charge of fishery Administration Department for approval, in a specified region and period, in accordance with limit catches.
Seed key producing areas in aquatic animals water when water should take measures to protect the seed.
32nd in the fish, shrimp, crab migration routes built gates and dams, has a serious impact on fishery resources, the construction unit shall build facilities or take other remedial measures.
Article 33rd for fisheries and has storage functions such as, irrigation water, the competent department concerned shall determine the minimum water level line required for fisheries production. 34th Lakes is prohibited.
Coastal Beach without the approval of the people's Governments above the county level shall not be reclaimed; seed bases and important breeding establishments, reclamation.
35th, exploration, underwater blasting operations, has a serious impact on fishery resources, operations should be prior consultation with the fishery administrative departments of the people's Governments above the county level, to take measures to prevent or minimize the damage to fisheries resources causing loss of fisheries resources, by the people's Governments above the county level shall be ordered to compensate.
36th people's Governments at various levels shall take measures to protect and improve the ecological environment of fishing waters and prevent pollution.
Supervision and management of the ecological environment of fishing waters and fisheries pollution accident survey, in accordance with the People's Republic of China Law of marine environmental protection and the People's Republic of China Law on water pollution prevention and control regulations. 37th imposed on Baiji and other rare and endangered aquatic wild animals under State protection, preventing its extinction. Prohibition of killing, harm aquatic wild animals under special State protection.
For scientific research, domestication and breeding, exhibition, or other special circumstances, need to catch aquatic wild animals under special State protection, in accordance with the People's Republic of China Law on wildlife protection regulations. Fifth chapter legal responsibility 38th article using fish, and HIV fish, and electric fish, damage fisheries resources method for fishing of, violation on fishing district, and fishing period of provides for fishing of, or using disabled of gear, and fishing method and is less than minimum network accounts size of nets for fishing or fishing was real in the young fish over provides proportion of, confiscated fishing was real and illegal proceeds, at 50,000 yuan following of fine; plot serious of, confiscated gear, revoked fishing license; plot special serious of, can confiscated fishing
Constitutes a crime, criminal responsibility shall be investigated according to law.
In closed areas or closed seasons sold illegal fishing catches, local fishery administrative departments of the people's Government at or above the county level shall timely investigate and deal with.
Manufacturing and sales disabled fishing gear, confiscate the illegal manufacture and sale of fishing gear and illegal income, and a fine of up to 10,000 yuan.
39th poaching, Rob other farmed seafood, aquaculture, aquaculture facilities or damaging others, ordered corrective action and may be fined not more than 20,000 yuan; causes damage to others shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
40th national Beach in aquacultural production in all waters, and without a legitimate reason to keep the waters and beaches deserted a year, authorities ordered issued aquaculture permits exploitation; exploitation of the overdue, aquaculture permits revoked, and may be fined not more than 10,000 yuan.
Failing to obtain an aquaculture licence all waters without authorization in the national aquaculture production, correction, replacement aquaculture permits or dismantle facilities.
Failing to achieve aquaculture permits or outside the scope of aquaculture permits licensed people engaging in aquaculture production, interfere with navigation, flood, ordered demolition of aquaculture facilities, and a fine of up to 10,000 yuan.
41st fails to obtain a fishing permit unauthorized fishing, catch and illegal income confiscated, and a fine of up to 100,000 yuan in serious, and can confiscate fishing gear and vessels.
42nd in violation of fishing licences on job type, location, timing and quantity of fishing gear fishing, catch and illegal income confiscated, and a fine of up to 50,000 yuan in serious cases, may also be confiscated fishing gear, fishing licence revoked.
Article 43rd altered, sold, leased or otherwise transfer of fishing licenses, confiscate the illegal income, fishing licence revoked, and may be fined not more than 10,000 yuan; forged or altered, the sale of fishing licences, constitutes a crime, criminal responsibility shall be investigated according to law.
Article 44th of the illicit manufacture, import, export aquatic fingerlings, larval and illegal income confiscated, and a fine of up to 50,000 yuan.
Operating without approval of the audited aquatic fingerlings, shall be ordered to immediately stop operating, confiscate the illegal income, and may be fined not more than 50,000 yuan.
Article 45th unauthorized fishing activity in the aquatic germplasm resources conservation areas, shall be ordered to immediately stop fishing, catch and fishing gear confiscated, and a fine of up to 10,000 yuan.
46th foreign nationals, foreign fishing vessels violating the provisions of this law, unauthorized entry into People's Republic of China engage in fishery production and fishery resources in the waters investigation, ordered to leave or be expelled, catches, fishing gear may be confiscated, and a fine of up to 500,000 yuan in serious cases, forfeiture of fishing vessels constitutes a crime, criminal responsibility shall be investigated according to law.
47th damage caused ecological environment of fishing waters or of fishery pollution accidents, according to the People's Republic of China Law of marine environmental protection and the People's Republic of China water pollution control Act shall be investigated for legal responsibility. 48th administrative penalties stipulated in this law, the people's Governments above the county level fishery administrative departments or fishery regulatory agency of its decision.
However, the punishment is provided for in this law, except as stipulated.
In sea law enforcement Shi, on violation fishing district, and fishing period of provides or using disabled of gear, and fishing method for fishing, and not made fishing license for fishing of, facts clear, and evidence full, but spot cannot according to statutory program made and implementation administrative punishment decided of, can first temporarily seized fishing license, and gear or fishing, back Hong Kong Hou law made and implementation administrative punishment decided.
49th fishery administrative departments and their respective fisheries issued by the regulatory authority and in violation of the provisions of this law permits, allocation of fishing quotas or engage in fishery production and operating activities, or other negligence fails to perform the statutory duties, abuse of authority or engages in acts, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 50th this law shall enter into force on July 1, 1986.