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Under Conservation Of Biological Resources In The Bohai Sea

Original Language Title: 渤海生物资源养护规定

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(February 12, 2004, the Ministry of agriculture, the 34th release) Chapter I General provisions article protection, proliferation, and rational use of biological resources in the Bohai Sea, protection of the ecological environment of waters of the Bohai Sea, safeguarding the legitimate rights and interests of fishery users, promoting the sustainable development of fisheries in the Bohai Sea, according to the People's Republic of China fisheries law and the People's Republic of China marine environmental protection law and other laws and regulations, this provision is enacted.
    Article referred to in these provisions refers to the laotieshan mountain beacon in the Bohai Sea (latitude 38 ° 43'41 ″ East longitude 121 ° 07'43 ') and Penglai Lighthouse (latitude 37 ° 49'54 ″ East Longitude 120 ° 44'13 ') area west of the two lines.
    Article engaged in farming and fishing in the Bohai Sea aquatic animals, aquatic plants, fish production and other activities related to units and individuals shall abide by these provisions.
    Involving the national protected aquatic wild animals, wildlife-related activities of units and individuals shall abide by the wildlife protection law, the aquatic wild animal protection Ordinance and the relevant provisions of the regulations on the protection of wild plants.
    Fourth Department of agriculture Director conservation of biological resources in the Bohai Sea.
    Administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area of agriculture is responsible for the conservation of the living resources in the Bohai Sea organization, coordination and supervision.
    Bohai Sea coastal local fishery administrative departments of the people's Government at or above the county level are responsible for the conservation of biological resources in the administrative area. Fifth Bohai Sea coastal local fishery administrative departments of the people's Government at or above the county level should according to water use plan and approved marine function zoning and offshore environmental function zoning, preparation area fisheries water use plan, approved by the people's Government at the organization.
    In addition to fishing and fishery facilities in bases outside the region, divided into zones, the multiplication of fishery waters, fishing areas and important fisheries species protected areas. Prohibition of biological resources in the Bohai Sea important spawning grounds, feeding grounds, wintering grounds and migration routes for fish culture zones.
    Not in national marine sanctuaries, rare and endangered marine life sanctuary offshore environmental function such as home zones in the region.
    Along the sixth local fishery administrative departments of the people's Government at or above the county level shall take measures to improve and restore the ecological situation in the Bohai Sea, control of fishing intensity, multiplication and conservation of the living resources in the Bohai Sea, developing ecological fishery, promote the sustainable development of fisheries in the Bohai Sea.
    Along the seventh local fishery administrative departments of the people's Government at or above the county level should according to the status of biological resources in the Bohai Sea, propose measures to control fishing and compression strength, adjustment of fishing structure, guide and support transferring fishermen's job.
    Chapter II aquaculture and fishing eighth Bohai Sea coastal local fishery administrative departments of the people's Government at or above the county level should be zones of unified planning, scientific assessments, identified aquaculture development and aquaculture capacity, development and promotion of eco-farming.
    Nineth using people in the Bohai Sea waters and beaches in aquacultural production shall be made to the coastal local fishery administrative departments of the people's Government at or above the county level shall apply, by the people's Governments at the corresponding level issued aquaculture permits.
    Owing to structural adjustment of production with local fishermen the right to obtain an aquaculture licence for the benefit of priority.
    Tenth coast local fishery administrative departments of the people's Government at or above the county level to accept aquaculture permits applications, should be based on aquaculture development and aquaculture capacity, clear waters of aquaculture permits beaches range, duration of use, and other matters.
    Construction, expansion and renovation of farms, environmental impact assessment should be carried out. Article 11th aquaculture permits units and individuals shall be determined according to the aquaculture permits waters Beach scope and purposes set out in aquacultural production, observe the relevant breed specifications.
    Waste water emissions shall comply with the relevant national standards, pond dredging should be dealt with properly to prevent water pollution.
    12th in Bohai Sea farming is prohibited without the national aquaculture seed and seed certification Committee examined, the Ministry of Agriculture approved the promotion of hybrid and genetically modified species and other non-original varieties of the Bohai Sea.
    Breed national original species and aquatic varieties examination Committee, the Ministry of Agriculture approved the promotion of the above varieties, should be strictly taken protective measures such as escape-proof, and prevent them from entering the natural waters.
    13th article in the Bohai Sea fishing, it shall apply for a fishing license, determined according to the fishing licences of workplaces, time limits, job type, and more fishing activities and comply with national provisions relating to resource conservation.
    14th coastal local fishery administrative departments of the people's Government at or above the county level shall, in accordance with the limits of authority and jurisdiction of issuance of fishing licenses, issued shall not exceed the higher of the ship network tool of control indicators.
    Prohibited to non-fish producers, as well as rivers, lakes and reservoirs in inland fishing, such as issuance of fishing licences in the Bohai Sea.
    15th marine catch distribution, refrigeration and processing, fishing supplies and fuel supply for capture fisheries production fisheries ship in service, must by law for fishing auxiliary licenses.
    Fishing support vessels directly engaged in fishing.
    16th the State encourages the development of recreational fisheries. Along the local fishery administrative departments of the people's Government at or above the county level of recreational fisheries activities should be strengthened oversight and management. Capturing natural fishery resources of recreational fisheries activities, shall receive a special (Charter) for fishing licences.
    Specific measures shall be prescribed by provincial and municipal fishery administrative departments.
    Chapter biological proliferation 17th State shall encourage units and individuals to invest resources, manually releasing, artificial reef construction in various forms, the proliferation of biological resources in the Bohai Sea.
    18th Ministry of agriculture administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area and coastal provinces and municipal people's Governments in charge of fishery administration departments should take active measures to co-ordinate the planning, develop local biological resources enhancement programme, shall be organized and artificial releasing, artificial reef construction. Article 19th of large-scale migratory species of artificial releasing by the Ministry of agriculture administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area of unified planning, unified organization.
    Culture and sedentary varieties of artificial releasing the coast local fishery administrative departments of the people's Government at or above the county level in the fishery non-cultivation area in the waters of area organizations.
    20th artificial releasing seed should be specified by the fishery administration departments at or above the provincial level of the original variety, proliferation and aquatic animal domestication and breeding bases. Against releasing in Bohai Sea in hybrid and genetically modified species and other non-original varieties of the Bohai Sea.
    But released by the fishery administration departments at or above the provincial level organizations of ecological security assessment of qualified, national original species and aquatic varieties examination Committee and the Ministry of Agriculture approved the extension of the above species except.
    21st prohibits germplasm resources conservation areas, economically important fish, shrimp, crab spawning of releasing such sensitive waters.
    22nd set artificial reefs should be assessed for environmental impacts and effects, and by the Ministry of agriculture or coastal provinces and municipal people's Governments in charge of fishery administration departments unified organization.
    "Fishing vessel bottom trawl fishing line" provided outside of artificial reefs, shall, in accordance with the People's Republic of China provisions of the detailed rules for the implementation of the fisheries law and submitted to the Ministry of Agriculture approved; "fishing vessel bottom trawl fishing line" artificial reef inside, shall be submitted to the provincial and municipal people's Governments in charge of fishery administration departments or authorized unit.
    23rd set of artificial reefs shall not hinder navigation shall not affect underwater pipelines, cables and other facilities, and advance notice. Fourth chapter article 24th key fishery resources in the Bohai Sea biological resources protection protection system.
    Focused on the protection of fishery resources in the Bohai Sea and fishing standards in accordance with Annex 1.
    Undecided standard focused on the protection of varieties in the annex 1 of TAC standards and standards of local protection and catching from coastal fishery administration and the departments of provinces, municipalities, Ministry of agriculture and the Ministry of Agriculture of huanghai and Bohai Sea region administration of fishery and fishing harbor supervision for the record.
    Time or voyage catches in the net, not exceeding the allowable catch standard shall not exceed the proportion of protected varieties and the varieties catch 25%, but except for set net jobs.
    25th Bohai autumn production of shrimp special (royalty) fishing licence system.
    Bohai autumn fishing shrimp, they shall receive special (royalty) fishing licenses, hanging sign of uniform provisions, before engaging in the operation.
    26th prohibits fishing for shrimp in the spring spawner and these provisions are listed in annex 1 the natural seed of protected varieties. Because of a special need to catch these provisions annex 1 will be able to catch the natural seed of protected varieties of the standard, approved by the Ministry of agriculture administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area; fishing the provisions of annex 1 undecided can catch standard or local custom natural seed of protected varieties, approved by the fishery administrative departments of the people's Governments of provinces and municipalities. After approval, issue special (Charter) for fishing licences.
    Receive special (Charter), fishing license, fishing shall be in the specified area, the time limit and limit. 27th is prohibited outside of the intertidal waters to capture blue clams. In the intertidal zone and the landward side of capturing blue clams, worms and Artemia, should be reported to the provincial and municipal fishery administrative departments approved, issue special (Charter) for fishing licences.
    Make special (royalty) fishing licence shall be in the specified area, the time limit, vouchers limited edition collection. 28th article ban is less than the minimum mesh size of nets for fishing. Minimum mesh sizes of fishing nets in the Bohai Sea in accordance with Annex 2.
    Coast provincial and municipal people's Governments in charge of fishery administration departments can provision had not been included in annex 2 of the other nets of minimum mesh size, but should be reported to the Ministry of agriculture and the Ministry of Agriculture of huanghai and Bohai Sea region administration of fishery and fishing harbor supervision for the record.
    29th prohibits borrowing to change fishing gear name or in the name of innovation using harm living resources gear. 30th article ban using following serious damage biological resources of gear, and fishing method: (a) fish, and HIV fish and power fishing; to fishing propeller, and pump class mining catching settled species biological resources; (ii) triple flow network, and end of trawl, and floating trawl and the variable water trawl job, but network mouth network clothing pulled straight perimeter is less than 30 meters of truss rod, and Framework type trawl class gear except; (three) specifications not meet this provides annex 2 provides standard of nets; coast the province, and
    Municipality departments of fishery Administration can apply other administrative areas prohibit the use of fishing gear and methods, and report to the Department of agriculture and the Ministry of Agriculture of huanghai and Bohai Sea region administration of fishery and fishing harbor supervision for the record. 31st implement mid-summer fishing fishing ban period system in the Bohai Sea, and shall implement the provisions of annex 3.
    Coastal fishery administrative departments of the provinces and municipalities can acetes provisions are applicable to the administration of closed seasons and a jellyfish, and reported to the Ministry of agriculture and the Ministry of Agriculture of huanghai and Bohai Sea region administration of fishery and fishing harbor supervision for the record.
    32nd prohibited in closed areas, closed seasons, acquisition, processing and sale of illegal fishing catches.
    In closed areas or closed seasons in the acquisition, processing and sale of illegal fishing catches along the local fishery administrative departments of the people's Government at or above the county level and their management of fishery and fishing harbor supervision organs should promptly investigate and deal with. Article 33rd coastal Saltworks, power plant, unit or individual farms and other uses of water, in the water protection or measures should be taken to protect juvenile fish and shrimp resources.
    In water during mid-summer fishing when water bosses should be set out and no more than 7 mm of mesh of "v" type protection nets.
    Without taking any protective measures of damage to natural resources, coastal local fishery administrative departments of the people's Government at or above the county level should be ordered to eliminate the hazards. 34th special needs for scientific research, in closed areas, closed seasons fishing or uses prohibited fishing gear and fishing method of whaling and fishing objects, shall be approved by the Ministry of agriculture after the administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area, reported to the Ministry of agriculture for approval.
    Fishing operations should be suspended when uniform logo.
    Fifth chapter of fishery waters environmental protection along the 35th local fishery administrative departments of the people's Government at or above the county level shall participate in coastal engineering, marine engineering, waste-dumping area, into the sea outfall project environmental impact assessment work, research on biological resources and the environmental impacts of fishery waters, the protection of biological resources and fishery specific requirements and measures of water environment.
    Article 36th coastal fishery ecological environment monitoring institutions at all levels shall strengthen the monitoring of fisheries waters, to the sibling fishery administrative departments and level monitoring bodies to monitor the situation.
    37th Coast fishery ecological environment monitoring bodies at all levels should establish a sound mechanism, strengthen the work of red tide monitoring and warning, and to peer fishery administrative departments and level monitoring bodies to monitor the situation.
    Along the local fishery administrative departments of the people's Government at or above the county level should be actively together with or cooperate with the departments concerned, strengthening the prevention of red tide, disaster organization producers reduce production losses.
    38th article for water Xia blasting, and exploration, and construction job, on biological resources has serious effect of, is located in "mobile fishing end of trawl fishing district line" within of, job units should prior with coast province, and municipalities Government fisheries administrative competent sector consultations; is located in "mobile fishing end of trawl fishing district line" outside of, job units should prior with Ministry of agriculture yellow Bohai district fishery fishing port supervision authority consultations, and take about protection measures Hou, party can job.
    Biological resources due to job destruction or loss, according to the jurisdiction, the Ministry of agriculture administration of fishery and fishing harbor supervision in Yellow Sea and Bohai Sea area and coastal provincial and municipal people's Governments in charge of fishery Administration Department shall order the operations unit within the Elimination of hazards, and ordering activity compensation recommendation to the relevant people's Government.
    39th due to oil spills, sewage and pollution by dumping of wastes, resulting in fishery pollution accidents, local people's Governments at or above the county level by coastal fishery administrative departments or their respective fishery management organizations of investigation, evaluation, and in accordance with the People's Republic of China Law on marine environment protection-related regulations.
    Pollution damage of natural resources in the Bohai Sea, along the local fishery administrative departments of the people's Government at or above the county level dealt with according to law, and representative States damages to those responsible.
    The sixth chapter supplementary articles article 40th in violation of the provisions of, the people's Governments above the county level fishery administrative departments or their respective fishery management agencies dealt with according to law, as otherwise provided by laws and regulations, from its provisions.
    The 41st by the Ministry of agriculture is responsible for the interpretation of these provisions. 42nd article of the regulations come into force on May 1, 2004.
    Released on April 13, 1991, the Ministry of agriculture breeding regulations on the protection of fishery resources in the Bohai Sea region be abrogated. Attached: 1. Bohai fisheries resources focus protection varieties and minimum can catching standard 2. Bohai fishing job nets minimum network accounts size 3. Bohai fishing period attached 1: Bohai fisheries resources focus protection varieties and minimum can catching standard = ┌-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┬-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┐ │ focus protection varieties │ minimum can catching standard │ ├-the-the-the-the-the-the-the-the-the-the-the-the-the ──────┼───────────────┤
│蓝点马鲛(鲅鱼)                      │叉长38厘米                    │
├───────────────────┼───────────────┤
│银鲳(鲳鱼)                          │叉长15厘米                    │
├───────────────────┼──── ───────────┤
│鳓(鳓鱼)                            │叉长28厘米                    │
├───────────────────┼───────────────┤
│小黄鱼                                │体长15厘米                    │
├───────────────────┼───────── ──────┤
│白姑鱼                                │体长17厘米                    │
├───────────────────┼───────────────┤
│黄姑鱼                                │体长17厘米                    │
├───────────────────┼────────────
───┤
│真鲷                                  │体长19厘米                    │
├───────────────────┼───────────────┤
│花鲈(鲈鱼)                          │体长40厘米                    │
├───────────────────┼───────────────┤                                │蛹(辫子鱼)                          │体长36厘米                    │
├───────────────────┼───────────────┤
│(编者注:此字见原稿)(梭鱼)        │体长30厘米                    │
├───────────────────┼───────────────┤
│黄盖鲽                              │体长19厘米                    │
├───────────────────┼───────────────┤
│高眼鲽                                │体长15厘米                    │
├───────────────────┼───────────────┤
│半滑舌鳎                                  │体长27厘米                    │
├───────────────────┼───────────────┤
│褐牙鲆(牙鲆)                        │体长27厘米                    │
├───────────────────┼───────────────┤
│带鱼                              │肛长25厘米                    │
├───────────────────┼───────────────┤
│对虾                                  │体长15厘米(雌)              │
├───────────────────┼───────────────┤
│脊尾白虾 │体长6厘米                     │
├───────────────────┼───────────────┤
│口虾蛄(爬虾)                        │体长11厘米                    │
├───────────────────┼───────────────┤
│三疣梭子蟹                            │头胸甲长8厘                     米                 │
├───────────────────┼───────────────┤
│日本(编者注:此字见原稿)            │头胸甲长5厘米                 │
├───────────────────┼───────────────┤
│魁蚶                                  │壳长6厘米                     │
├───────────────────┼───────────────┤
│毛蚶                                  │壳长3厘米                     │
├───────────────────┼───────────────┤
│文蛤                                  │壳长5厘米 │
├───────────────────┼───────────────┤
│菲律宾蛤仔(杂色蛤)                  │壳长2.5厘米                   │
├───────────────────┼───────────────┤
│栉江珧                                │壳长17厘米                    │
├──── ───────────────┼───────────────┤
│海蛰                                  │伞弧长30厘米                  │
├───────────────────┼───────────────┤
│中国毛虾                              │(不定标准)                  │
├────────── ─────────┼───────────────┤
│栉孔扇贝                              │(未定标准)                  │
├───────────────────┼───────────────┤
│皱纹盘鲍                              │(未定标准)                  │
├───────────────────
    ┼───────────────┤
│参                                    │(未定标准)                  │
└───────────────────┴───────────────┘
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注:1.不定可捕标准者,不对渔获物进行幼鱼比例检查。

    2. the TAC criteria with uncertain, can be set by the provincial departments of fishery administration TAC standards applicable within their respective jurisdictions.

    Attached 2: Bohai fishing job nets minimum network accounts size a, and Spanish mackerel flow network minimum network accounts 90 mm, network clothing pulled straight height shall not over 9 meters (containing margin network), each ship total length shall not over 4000 meters; II, and shrimp flow network minimum network accounts 60 mm; network clothing pulled straight height shall not over 9 meters (containing margin network), each ship total length shall not over 4000 meters; three, and NET class network accounts not is less than 8 mm; four, and fence class network accounts not is less than 33 mm. 3: closed seasons in the Bohai Sea, the Bohai Sea fishing time for the summer season on June 16 from 12 o'clock on September 1 to 12 o'clock.
    In addition to using single laminar mesh size of 90 mm gill net and hook to engage in fishing operations, but in mid-summer fishing is prohibited during fishing operations. Second, the "fishing vessel bottom trawl fishing zone" designed to catch jellyfish, acetes in mid-summer fishing nets catch before the deadline, the catch from coastal provinces, municipalities directly under the Department of fishery administration, Ministry of agriculture and the Ministry of Agriculture of huanghai and Bohai Sea region administration of fishery and fishing harbor supervision for the record.
    But acetes catch date shall not be earlier than August 15. Three, and following nets while implemented following fishing period: (a) May 1 at 12 o'clock to May 16 at 12 o'clock, ban NET class gear and truss rod, and Framework type towing gear and network accounts size 60-70 mm of single laminar thorn network job; (ii) May 10 at 12 o'clock to June 16 at 12 o'clock, ban fence and network accounts size 90 mm above of single laminar thorn network job; (three) December 10 at 12 o'clock to next year April 1 at 12 o'clock, ban rake thorn class gear in "mobile fishing end of trawl fishing district"
                                                                                                          Outside job; "fishing vessel bottom trawl fishing area" prohibited all year round in Quebec clam rake job.