Administrative Measures For The Aquatic Seedling In Shaanxi Province

Original Language Title: 陕西省水产种苗管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399491.shtml

Administrative measures for the aquatic seedling in Shaanxi Province

    (Adopted by the provincial government in 2013 at the 22nd Executive meeting January 14, 2014, Shaanxi Provincial people's Government, the 175th issue come into force on March 1, 2014) first for fish seed quality, protection and development of aquatic germplasm resources, promoting the development of aquatic seed industry, according to the People's Republic of China fisheries law and other relevant laws, administrative regulations, combined with the facts of the province, these measures are formulated.

Article aquatic germplasm resources in these measures refers to have high economic value and genetic breeding value, for the fishing, farming and fisheries production, as well as other human activities of aquatic biological resources development and scientific research.

Aquatic seeds and seedlings in these measures refers to aquaculture (increase) colonization produced seed, seed and seedlings.

Original species, is collected from the type species and natural waters and are used for aquaculture (cultivation) of wild aquatic animal and plant species, as well as the original parents for breeding.

Varieties, is a fast growing, good quality and resistance, stable and adapt to certain geographical conditions, and are used for aquaculture (cultivation) of aquatic fauna and flora.

    Seed is used for commodity culture (cultural) production of fine seedlings and seed.

    Article in this province, in the administrative area of aquaculture seed breeding, cultivation, production, transportation, sales and management activities, these measures shall apply.

Fourth people's Governments above the county level shall strengthen the aquatic germplasm resources and their survival, protection and management of ecological environment of breeding waters, take the following measures for supporting aquatic seed industry development:

(A) in terms of the new financial arrangements in the Fisheries Development Fund, on aquatic seed production and breeding of new varieties test and varieties introduction give financial subsidies;

(B) in the irrigation and water conservancy, water and soil conservation ecology, urban and rural water supply, water resources management, resettlement, agricultural development, poverty alleviation and development projects, arrange aquatic seedling development projects;

    (C) the new, expanded aquatic varieties field and seed farm land under the agricultural land arrangement, fish seed production included in basic farmland conservation area to protect the surface.

Fifth fishery administrative departments of the people's Governments above the county level shall be responsible for the administration of supervision and control of aquatic kind.

    Public security, finance, land and natural resources, transportation, environmental protection, food and drug supervision and administration of industry and commerce, technical supervision, customs and other competent authorities should together fishery administration and the departments of supervision and control of aquatic kind.

    Sixth provincial fishery administrative departments should plan to build natural aquatic germplasm repository, ecological reserves, fish seedlings and epidemic prevention and quarantine system, aquatic germplasm quality inspection system, develop aquaculture seed, seed, seed field the construction plan.

Seventh aquatic seed production through a permit system, self-sterile, unless it is for personal use by producers.

National seed, seed production licence application, in accordance with the relevant provisions of the state; provincial seed, seed field production license, approved by the provincial departments of fishery Administration certification;, seed production licenses, districts, the district approved by the fishery administration departments of the municipal licensing, submitted to the provincial fishery administrative departments of the people's Government for the record.

Seed production license, approved by the local fishery administrative departments of the people's Governments above the county level certification, and fishery administrative departments of the people's Governments at a higher level for the record.

Production license of uniformly printed by the provincial departments of fishery administration, is valid for 3 years after the expiration of the original license-issuing authorities issue a new card.

    Forgery, sale, lease or transfer of production licenses without authorization.

Article eighth claims for original seed farm, seed production licenses, to the local people's Governments above the county level shall apply to the fisheries administration, step by step for examination and approval, by fishery administrative departments of the people's Government of the right of administrative license audit certification.

Apply for seed production license, the local fishery administrative departments of the people's Governments above the county level audit certification.

    Approval authority shall, within 20 working days from the day of acceptance making licensing decisions and issue production licenses; no permission, it shall explain the reasons.

Section Nineth aquatic seedling production license must satisfy the following conditions:

(A) provincial aquatic seedling seed, seed, seed fields planning;

(B) production sites, adequate water, water conforms to the national water quality standard for fisheries;

(C) the production and infrastructure in line with national, local aquaculture production technique and practice of enacting requirements;

(D) parents must be in accordance with national and local standards;

(V) aquatic seed production and quality inspection technology of professional and technical personnel;

    (Vi) other conditions stipulated by laws and regulations.

Tenth seed, seed, seed-field system of implementing parent to be replaced periodically.

Economic groups of parents should be pure, viable hybrids and their seed shall not be used as breeding parents.

Fertile hybrid individual or bio-engineered change in genetic breeding place for individuals and their offspring, separation and escape-proof facilities should be established.

    Prohibition of the fertile hybrid individuals and bio-engineered change in individuals and their descendants of the hereditary put on the rivers, lakes and other waters of natural or artificial bodies of water. 11th aquatic seedling production units and individuals shall establish and improve production, technical files, the original kind and parent of introduction time, age, reproduction, out, updating and introduction of location, unit, quantity, specification of detailed records retention period of not less than 10 years.

    Original seed farm of parents or backup parent, seed supply, shall provide the user with information on the production technical file. 12th article selling aquatic seeds and seedlings shall conform to the national and the province's quality standards.

Country and this province does not require quality standards, in accordance with the provisions of the provincial fishery administrative departments.

Selling aquatic seeds and seedlings in the province, shall obtain a quality certificate; cross-province sales purchase aquatic seeds and seedlings shall also obtain the quality certification and quarantine certificates.

    Selling aquatic seeds and seedlings should be in accordance with the method prescribed by the State. 13th imported aquatic seedling, by fishery administrative departments of the people's Government of the province through the ecological assessment and approval.

Otherwise provided for by the State, from its provisions.

    From outside the province to introduce new varieties of aquatic seed shall comply with the quality requirements and local farming conditions.

    14th aquatic seedling of quarantine was confirmed to have disease, fishery administrative departments of the people's Governments above the county level shall make a decision according to law and supervision the owner to perform.

    15th article in violation of these regulations prescribed in the fifth paragraph of article seventh, by the fishery administration departments at or above the county level shall be ordered to rectify, it fails, the illegal income more than 1 time fined not more than 3 times, but not more than 30,000 yuan; no illegal proceeds, fined a maximum of 1000 Yuan and 10,000 yuan.

Disobey article tenth of the 16th article, any of the following acts, by fishery administrative departments of the people's Governments above the county level shall be punished as follows:

(A) the fertile hybrids and seedling breeding parents, rectification, and fined a maximum of 3000 Yuan and 10,000 yuan;

    (B) farming fertile hybrid individual or bio-engineered change in genetic breeding place for individuals and their offspring, isolation and escape-proof facilities has not been established, a rectification, it fails, fined a maximum of between 3000 and 1000 Yuan.

    17th in violation of the provisions of article 11th, rectification, it fails, fined a maximum of between 5000 and 1000 Yuan.

    18th aquatic seedling supervisors and detection, quarantine officials who abuse their powers, who, by their work units or by the departments of fishery administration penalties constitute a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    19th other acts in violation of these rules, regulatory penalties, from its provisions.

20th fishery administrative departments in accordance with this approach to more than 5000 Yuan fines, for the units at more than 20,000 yuan in fines, shall inform the party concerned has the right to require hearings. Party refuses to accept the decision on administrative penalty, may apply for reconsideration or bring an action according to law.

    Parties if no application for reconsideration does not sue nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution. 21st article this way come into force on March 1, 2014. On July 14, 2001 issued by the provincial people's Government of the measures for the management of Shaanxi aquatic seeds (68th) since the date of the coming into force of the repeal of the methods.