State Aquaculture Waters Beach In Shandong Province Using A Management Approach

Original Language Title: 山东省国有渔业养殖水域滩涂使用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351925.shtml

State aquaculture waters Beach in Shandong province using a management approach

    (February 26, 2011 94th General meeting of Shandong province by Shandong provincial government order No. 233, published since March 16, 2011 as of May 1, 2011) Chapter I General provisions

    First in order to strengthen the management of State-owned aquaculture waters Beach, State-owned fisheries aquaculture licence to use waters Beach and recover compensation act, safeguarding the legitimate rights and interests of fishery production users, promote the construction of harmonious fishing zone, in accordance with the People's Republic of China fisheries law and other laws and regulations, combined with the facts of the province, these measures are formulated.

Article within the jurisdiction of the province, the State-owned aquaculture waters Beach license and recover compensation, these measures shall apply.

    State-owned Beach in aquaculture waters in these measures (hereinafter referred to as the waters of beaches), refers to the people's Governments above the county level in accordance with planning or other forms of State-owned water and tidal flats can be used for fish farming.

    Article waters beach management should follow the scientific planning, law licenses, legal principle, compensation fair and appropriate arrangements for the recovery.

Fourth above the county level shall be responsible for the management of the beach use of waters within their respective jurisdictions.

    The township (town) people's Government, the subdistrict office in accordance with the relevant work of the beach using the waters of the responsibility to manage. Fifth people's Governments above the county level marine and fishery administrative departments responsible for beach use of waters within their respective jurisdictions licensing and implementation of compensation recovery.

    Financial, land and natural resources, development and reform, housing and urban-rural construction, environmental protection, public security, human resources and social security, price and other sectors in accordance with their respective responsibilities, licence to use waters Beach and recover compensation related work.

    Chapter II license

Article citizens, legal persons or other organizations use the waters of tidal flat in aquacultural production shall be applied to the marine and fishery administrative departments of people's Governments at 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 evidence.

    Use of the waters for aquaculture production shall also apply for sea.

Seventh marine and fishery administrative departments of people's Governments at the county level shall upon receipt of the application, shall, in accordance with the People's Republic of China regulations for processing of the administrative licensing law.

Decision of admissibility, County marine and fishery administrative departments shall, within 10 working days after accepting the application for preliminary review of the materials, and applications in the waters adjacent to the location of the beach and township (town) or village for public notification, publicity for 10th.

    Public after the expiration of the County marine and fishery administrative departments shall, in accordance with the relevant laws and regulations, preliminary review opinions, all the application materials and public authorities the right to transfer the license.

Eighth people's Governments above the county level marine and fishery administrative departments belonging to the application for leave within the purview of the people's Governments at the corresponding level, shall within the period specified in recommendation approve or not to approve the review comments, reported the people's Governments at the corresponding level decisions.

The people's Governments above the county level shall meet the requirements of, making licensing decisions and inland culture applicants will be issued aquaculture permits, applicants into the sea at the same time issued warrants and aquaculture permits to use maritime space; do not meet the conditions, not to permit a decision and notify the applicant in writing reasons for disapproval.

    Marine and fishery administrative departments of the people's Governments above the county level shall promptly aquaculture permits, waters and use the warrants set out all matters contained in the registration book.

    Article Nineth outside zones, right to use waters Beach period minimum of not less than 5 years, otherwise prescribed by laws and regulations, from its provisions.

    Article tenth waters Beach users, interested persons have the right to access, copy, register, marine and fishery administrative departments of the people's Governments above the county level should provide, and refused shall not be restricted.

    11th right to use waters Beach name or name and address matters such as changes, the Parties shall take the farming permits and other relevant supporting documents, to the original registration organ for change.

12th waters Beach tenure expires, beach users continue to use according to law of waters waters of tidal flat in aquacultural production shall, 60 days before the expiration, farming permits and other relevant supporting documents to the issuing authority for the extended procedures.

    Beach planning adjustments are no longer farmed in the waters of the Ribbon, not to proceed with an extension after the expiration process.

    Chapter III right to recover

13th due to the public interest or national security needs, any of the following circumstances, original use of waters mudflat shoal waters recovery by the people's Governments above the county level may, in accordance with the right to:

(A) the needs of defence and Foreign Affairs;

(B) the Organization and implementation by the Government of energy, transportation, water conservancy and other infrastructure needs;

(C) organized by the Government to implement the environmental and resources protection, disaster prevention and mitigation, the public utility needs such as;

    (D) the laws, regulations and other public interest needs. 14th people's Governments above the county level shall, in waters adjacent to the location of the beach and township (town) or village post right to use waters Beach will be resumed announcements. Waters beach waters intends to recall notice should include the proposed recall of the right beach location, scope, purpose, compensation standards, and so on.

    Notice not less than 30th.

15th article County above Government marine and fisheries administrative competent sector should according to this level Government released of waters Beach right intends recovered announcement, with financial, about sector, and Xiang (town) Government or subdistrict offices, and village (home) people Committee, and waters Beach right people or actual using people on intends recovered of waters beach of ownership, and location, and area, and farming number and waters Beach attached real of ownership, situation for site survey, fill in waters Beach survey listing. Waters Beach checklist should be shared by the parties involved in the investigation confirmed.

    Water tidal flat holder or actual use disagrees with the results of the investigation, marine and fishery administrative departments should be reviewed on the spot.

16th people's Governments above the county level marine and fishery administrative departments shall, jointly with relevant departments within 30 working days from the closing date of the survey, in accordance with relevant provisions of national and provincial development waters Beach right to recover compensation and rehousing schemes.

Compensation and rehousing schemes should include the following:

(A) the beach location, size of the waters;

(B) the right to use waters Beach standards, the amount of compensation;

(C) the waters of shoal fixtures and aquaculture products type, quantity and standard, the amount of compensation;

(D) the resettlement criteria, amount;

    (E) other compensation measures. 17th the people's Governments above the county level shall marine and fishery administrative departments should be right to use the waters of the beach to recover compensation and rehousing schemes will be prepared, in the waters adjacent to the location of the beach and township (town) or village for public notification.

Public notice not less than 10th.

Right to use waters beach or actual user disagrees with the right to use the waters of the beach to recover compensation and rehousing schemes, to the marine and fishery administrative departments to submit written observations or request hearings.

    Hearing of the application, starting from the closing date of the public notice in the 5th, make an application to the competent administrative Department of marine and fisheries, marine and fishery administrative departments of hearing shall be in accordance with the regulations.

    18th the people's Governments above the county level shall marine and fishery administrative departments shall waters Beach right to recover compensation and rehousing schemes public expires or after the end of the hearing, fully absorb the hearing record and the views of the parties concerned, right to use the waters of the beach to recover compensation and rehousing schemes level people's Government, by the people's Governments at the corresponding level in accordance with the relevant regulation to recover the right to use waters Beach decision.

19th the people's Government above the county level in accordance with the relevant provisions to recover the right to use waters Beach decision, waters Beach should be the right decision in the waters of the beach location and adjacent to the township (town) or village shall be published.

Notice shall be via the Web, newspapers, radio, television, Government information bulletin, in the form of easy to public timely and accurate access to information bulletin, notice not less than 30th.

Announcements include the following:

(A) approval to recover waters Beach bodies, number, time, and purpose;

(B) waters beach location, size, use or actual use;

(C) the waters of beaches right to recover compensation and rehousing schemes;

    (D) signed a compensation agreement matters such as time and place.

20th waters Beach users or actual use shall, within the time limit specified in the announcement, farming permit holders, and other related documents, to the designated place waters Beach right back signed agreement for compensation and resettlement.

Waters Beach right to recover compensation and settlement agreement shall contain the following:

(A) the beach location, size of the waters;

(B) aquaculture species, number, breed number of beaches and waters;

(C) compensation and resettlement;

(D) rights and obligations of the parties;

    (E) breach of contract and dispute resolution methods.

    Article 21st waters beach or actual use of the right to compensation or disagrees with the way no agreement is reached, can contribute to the people's Government of its decision to apply for review against disagrees with the decision of the review, may apply for administrative reconsideration or bring an administrative suit. 22nd no unit or individual is allowed to violence, coercion, fraud, and other means of forcing the waters of beach access or actual use waters Beach right back signed agreement for compensation and resettlement.

    Break may be taken, such as water supply, power supply resumed.

    The fourth chapter, compensation and rehousing

23rd people's Governments above the county level shall be in accordance with the right to use waters beach or actual use compensation.

    Waters Beach right to recover compensation may be monetary compensation, compensation may also implement the right replacement.

Article 24th Beach right to monetary compensation in the back waters, waters shall pay compensation fees for beaches, sea area use and refund the money paid for the remaining year of gold and interest rates.

Water tidal flat compensation fee includes water beaches right to compensation, resettlement and water beaches attachments and compensation fees for aquaculture products.
Waters Beach aquaculture production fixtures including equipment, aquaculture proliferation input structures, facilities, and so on.

    Beach 25th waters right to compensation and resettlement fees for standard prices, by province, fiscal, prepared by the Administrative Department of marine and fisheries, reported to provincial people's Government for approval to the public.

Waters Beach attachment compensation standards formulated by the District Municipal Government, provincial prices, finance, marine and fisheries after the authorities agreed to perform. Compensation cost for aquaculture products, in accordance with the market price of finished products, and aquaculture production is one of the owners at all.

    Aquaculture products close to harvest time, should ask for waters to harvest the beach right beach or actual transfer waters.

    26th the people's Governments above the county level shall marine and fishery administrative departments should prepare an annual water beaches right to recover compensation plans and compensation costs, after approval by the financial sector, included in the budget at the same level, ensure that the water shoals compensation fees in full and on time.

    27th financial Department of the people's Governments above the county level, and ocean and fishery administrative departments shall duly ratified waters Beach within 3 months from the date on which the right to recover, according to the beach right to recover compensation agreements in the waters, waters of tidal flat compensation fee paid right to use waters Beach in full and in accordance with the prescribed procedures or practical use.

Once the article 28th compensation, right to use waters beach or actual use shall, within the period stipulated in the agreement for compensation and resettlement cleaning attachments, and transfer the water beaches; the people's Governments above the county level shall recover the certificate on the right, and the cancellation procedure.

    Right to use waters beach or actually used is not within the prescribed waters Beach, ordered the transfer of the people's Government above the county level, fails to surrender, according to law by the people's Governments above the county level shall apply to the people's Court for compulsory execution.

29th the people's Governments above the county level shall be imposed to recover the right to use waters Beach fishermen's social security system.

Withdrawn water Beach fishermen the right to social security funds or individuals jointly funded by the Government, Government-funded portion shall be not less than the total cost of social security 30%.

    Government-funded part of the waters from the beach in transfer revenue arrangements should recover the right to use waters Beach approval for adequate funds to the local social security funds account; the Government subsidy funds are not implemented, may not recover the waters of beach access. 30th the people's Governments above the county level shall be the established to recover the right to use waters Beach fishermen's employment insurance system.

    Repossessed by the waters of beach access exit farming fishermen into the scope of registration of the unemployed and employment services system, provided free skills training under the same conditions, shall give priority to the employment of units using water beaches.

    The fifth chapter legal liability

    31st article violation this approach provides, to violence, and stress, and fraud, means forced waters Beach right people or actual using people signed waters Beach right recovered compensation placed agreement or take interrupted water, and power, way forced recovered of, by Shang level Government or its marine and fisheries administrative competent sector ordered corrected; to waters Beach right people or actual using people caused loss of, should law be compensation; constitute crime of, law held criminal.

    32nd article violates these rules, preventing water beaches right to recover compensation, activities contravening public security management, the public security organs shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

33rd people's Governments above the county level and ocean and fishery administrative departments of any of the following circumstances, the upper-level people's Governments or their marine and fishery administrative departments shall order rectification fails to mend, supervisors and persons directly responsible shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) to comply with the statutory conditions of application as inadmissible;

(B) the applicant not be issued for eligible aquaculture permits or licensing decision is not made within the statutory time limit granted;

(C) an applicant who does not meet the requirements to grant licence to use waters of beaches;

(D) in accordance with legal procedures, organization of the implementation of the right to use waters Beach recovery;

(E) is not paid within the prescribed waters of tidal flat compensation fee;

    (Vi) other acts of abuse of authority, dereliction of duty or engages in.

    The sixth chapter supplementary articles 34th article of the rules take effect on May 1, 2011.