Waters Beach Aquaculture Certification Registration

Original Language Title: 水域滩涂养殖发证登记办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259021.shtml

Waters Beach aquaculture certification registration

    (May 24, 2010 Ministry of agriculture promulgated as of July 1, 2010, 2010 9th) Chapter I General provisions

    The first aquaculture production in order to protect the legitimate rights and interests, norm waters, tidal-flat farming certification of registration, in accordance with the People's Republic of China Law on real right, the People's Republic of China fisheries law and the People's Republic of China rural land contract law and other laws and regulations, these measures are formulated.

    II waters and tidal flats in these measures refers to the local people's Governments at or above the county level in accordance with planning or in other form can be used for aquaculture waters and beaches.

    Waters beach culture right in these measures refers to the use of legally obtained rights to waters, tidal flats for aquaculture.

    Article use of waters and beaches in aquacultural production, aquaculture permits issued by the people's Governments at and above the county level, right to confirm water beach culture.

    Local fishery administrative departments of the people's Government at or above the county level are responsible for water, tidal-flat farming certification of registration work, and the establishment of registers, aquaculture permits set out in items recorded.

    Fourth waters beach culture who can enjoy national aquaculture by aquaculture permits support policy.

    Chapter II State Water Beach issuing registration

    Article fifth State-owned waters and beaches in aquacultural production shall apply to the local fishery administrative departments of the people's Government at or above the county level, and submit the following materials:

    (A) the aquaculture permit application form;

    (B) personal identity, legal person or other organization eligible certificates, the identity of the legal representative or principal responsible person;

    (C) other supporting documents shall be submitted in accordance with law. Sixth local fishery administrative departments of the people's Governments above the county level shall, within 15 working days after accepting the application material is written and verified in the field.

    In conformity with the provisions, the application shall be in the waters and beaches where publicity, publicity for 10th; do not meet requirements, notify the applicant in writing.

    After expiration of the seventh public notice, comply with the following conditions, local fishery administrative departments of the people's Government at or above the county level shall be submitted to the people's Governments at the same level issued aquaculture permits, and aquaculture permits set forth the matters included in the register:

    (A) waters, beaches can be used for production according to law;

    (B) the documents legally valid;

    (C) no dispute.

    Should be accurately recorded in the register aquaculture permits set out all the details.

    Eighth State-owned waters, beaches, priority should be given to the following local fishery workers engaged in production:

    (A) waters, tidal-flat farming as the main source of income;

    (B) the industrial structure adjustment of fisheries from capture fisheries production in aquaculture;

    (C) aquaculture Beach planning, alternative arrangements need water and tidal flats in aquacultural production.

    Nineth all the waters and beaches of the breeding rights to transfer the State, shall take the original aquaculture permits, registration in accordance with the provisions of this chapter to apply for certification.

    Chapter III the collective or State-owned land under collective use water Beach issuing registration

    Article tenth peasant collectives or by the State according to law by the collective use of waters, beaches, family contract for production, in accordance with the registration made by the following procedures shall be followed:

    (A) waters and tidal flats in the contract after its entry into force, the employer shall, within the 30 working days, waters and shoals turnkey solution, contractors and contracting water and tidal flats of details, waters and tidal flats in the contract materials, such as local fishery administrative departments of the people's Government at or above the county level; (B) the local people's Governments at or above the county level fishery administrative departments of the Contracting Parties to submit materials for review.

    In conformity with the provisions and submit them to the aquaculture permits issued by the people's Governments at the same level and aquaculture permits set forth the matters set out in the registration book; not in conformity with the provisions and notify the parties in writing.

    11th peasant collectives or by the State according to law by the collective use of waters and beaches, bid invitation, auction and public consultation, such as contracting for production, the contractor may apply for an aquaculture permit, in accordance with the registration made by the following procedures shall be followed:

    (A) waters, beaches in the contract comes into effect, contractors aquaculture permits application form completed, and waters and tidal flats in the contract materials, such as local fishery administrative departments of the people's Government at or above the county level; (B) the local fishery administrative departments of the people's Government at or above the county level shall audit the materials submitted by the contractor.

    In conformity with the provisions and submit them to the aquaculture permits issued by the people's Governments at the same level and aquaculture permits set forth the matters set out in the registration book; not in conformity with the provisions and notify the applicant in writing.

    12th local fishery administrative departments of the people's Government at or above the county level shall be accurately recorded in the registration book aquaculture permits set out all the details.

    13th farmer collectives or by the State according to law by the collective use of waters, beaches, family contract for production, during the contract period to subcontract, lease, transfer of shares the waters right of beach culture, you do not need to re-apply for registration. Right to transfer, Exchange transfer waters beach culture, the parties concerned may request to re-apply for registration.

    Of certification registration applications, should be referred to the original culture permits and waters Beach breeding rights transfer contract and other related documents.

    For transfers, swaps led to waters other than the beaches right to culture is divided or merged, shall hold a certificate of original culture and relevant supporting documents, to the original registration organ to re-apply for registration.

    The fourth chapter, resumption, cancellation and change extension

    Article 14th waters Beach breeding rights, interested persons have the right to access, copy, register, local fishery administrative departments of the people's Government at or above the county level should provide, and refused shall not be restricted. Waters beach culture right person recorded in the register, interested parties think matter wrong, can apply for the correction of the registration.

    Recorded in the register of the written consent of the rights holders a correction or have evidence that registration is definitely incorrect, local fishery administrative departments of the people's Government at or above the county level shall be corrected.

    15th right to culture name or name and address matters such as changes, the Parties shall hold a certificate of original culture and relevant supporting documents, to the original registration organ for change.

    16th due to being recovered, levy and other waters caused beaches lost the right to culture, should be legally recovered by the issuing authority, certificate of cancellation of farming.

    Families contracted farmers ' collective or by the State according to law by the collective use of waters and beaches, one of the following circumstances occur during the contract period, the employer legally recover the waters and beaches of contracting should be by the issuing authority to withdraw, cancel aquaculture permits:

    (A) the contractor's family relocated to the city divided into districts, to non-agricultural households;

    (B) the contractor's written request, voluntary renunciation of all contracting of waters and beaches;

    (C) other circumstances that recovery of aquaculture permits according to law.

    17th these measures are in line with article 16th, waters refused to surrender the right to beach culture aquaculture permits, local fishery administrative departments of the people's Government at or above the county level after investigation and verification, to request the issuing authority cancellation of aquaculture permits according to law, and make an announcement.

    Article 18th waters beach culture right expires, the waters beach culture all right to continue to use the State's waters and beaches in aquacultural production shall, 60 days before the expiration, farming permit holders to extend the original certificate registration authority procedures and submit related materials pursuant to this way to fifth.

    Water Beach planning adjustments shall not be engaged in breeding, not to proceed with an extension after the expiration process.

    The fifth chapter by-laws

    Article 19th aquaculture permits produced by the Ministry of agriculture, the provincial fishery administrative departments of the printing.

    Article 20th issued aquaculture permits, in addition to charge fees in accordance with law, shall not charge any fees from waters, beach users.

    21st article this way prior to the implementation of water and beaches have issued aquaculture permits or certificates of contractual operation right of rural land, within the period of validity shall remain valid. 22nd article of the rules take effect on July 1, 2010.