|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II AQUACULTURE CHAPTER III FISHING CHAPTER IV INCREASE AND PROTECTION OF FISHERY RESOURCES CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated for the purpose of enhancing the protection, increase, development and reasonable utilization of fishery resources, developing artificial cultivation, protecting fishery workers' lawful rights and interests and boosting fishery production, so as to meet the requirements of socialist construction and the needs of the people. Article 2. All productive activities of fisheries, such as aquaculture and catching or harvesting of aquatic animals and plants in the inland waters, tidal flats and territorial waters of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, must be conducted in accordance with this Law. Article 3. In fishery production, the state shall adopt a policy that calls for simultaneous development of aquaculture, fishing and processing, with special emphasis on aquaculture and with priority given to different pursuits in accordance with local conditions. People's governments at various levels shall include fishery production in their economic development plans and take measures to enhance the overall planning and comprehensive utilization of water areas. Article 4. The state shall encourage research in fishery science and technology and popularization of advanced technology in order to raise the level of the country's fishery science and technology. Article 5. People's governments at various levels shall give moral encouragement or material awards to units and individuals who make outstanding contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery science and technology. Article 6. The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout the country. Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas. These departments shall be authorized to set up fishery superintendence agencies in important fishing areas and fishing ports. Departments of fishery administration under people's governments at or above the county level and their fishery superintendence agencies may appoint fishery inspectors who will carry out assignments that those departments and agencies entrust to them. Article 7. State superintendence of fisheries shall operate under the principle of unified leadership and decentralized administration. Marine fishery shall be under the superintendence of departments of fishery administration under the people's governments of provinces, autonomous regions and centrally-administered municipalities contiguous to the sea, with the exception of those sea areas and fishing grounds with specially designated fishery resources that the State Council has put under direct administration of its fishery department and subordinate fishery superintendence agencies. Fishery in rivers and lakes shall be subject to the superintendence of the departments of fishery administration under the relevant people's governments at or above the county level in accordance with administrative divisions. Fishery administration for water areas that straddle several administrative divisions shall be decided by the relevant people's governments at or above the county level through consultation or placed under departments of fishery administration of people's governments at the next higher level and their subordinate fishery superintendence agencies. Article 8. Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council before entering the territorial waters of the People's Republic of China to carry on fishery production or investigations of fishery resources, and must abide by this Law and other related laws and regulations of the People's Republic of China. If those persons and vessels belong to countries that have signed relevant accords or agreements with the People's Republic of China, their activities shall be conducted in accordance with those accords or agreements. State fishery administration and fishing port superintendency agencies shall exercise administrative and supervisory authority over external relations pertaining to fisheries and fishing ports. Article 9. Neither the department in charge of fishery administration as well as its institutions for the supervision and administration of fishery nor their staff shall participate or be engaged in the activities of fishery production and operation. CHAPTER II AQUACULTURE Article 10. The state shall encourage units under ownership by the whole people, units under collective ownership and individuals to make the best use of suitable water surfaces and tidal flats to develop aquaculture. Article 11. The State shall make united programming on utilization of water areas, and determine which water areas and beaches may be utilized for aquatic breeding industry. Where a unit or an individual uses a water area or beach with ownership by the whole people which is determined by the State programming to be used for aquatic breeding industry, the user shall apply to the department in charge of fishery administration of the local people's government at the county level or above for the aquatic breeding certificate which shall be checked and issued by the people's government at the same level. With this certificate, the user is permitted to be engaged in aquatic breeding production in the said water area or beach. Specific measures for the check and issuance of aquatic breeding certificates shall be stipulated by the State Council. Water areas and beaches with collective ownership or with ownership by the whole people but used by the agricultural collective business organization may be individually or collectively contracted for aquatic breeding production. Article 12. The local people's government at the county level or above shall gave precedence to the local fishery producers while checking and issuing aquatic breeding certificates. Article 13. In case any dispute arises between the parties due to the aquatic breeding production with a water area or beach determined by the State programming to be used for aquatic breeding industry, it shall be handled in accordance with the procedures stipulated in relevant laws. Before the dispute is settled, neither party shall destroy the aquatic breeding production. Article 14. Where a water area or beach with collective ownership is requisitioned for use for State construction, it shall be handled in accordance with the provisions relating to the requisition of land in the Law of the People's Republic of China on Administration of Land. Article 15. The local people's government at the county level or above shall take measures to strengthen its protection on the production bases of commercial fish and the key water areas for aquatic breeding in the suburban areas of the city. Article 16. The state encourages and supports the breeding, cultivation and popularization of good aquatics. No new aquatic may be popularized unless it has been examined and approved by the National Committee for Examination and Approval of Original Breeding and Good Breeding and has been announced by the fishery administrative department of the State Council. The import and export of aquatic fingerlings shall be examined and approved by the department in charge of fishery administration of the State Council or of the provincial, autonomous regional, municipal people's governments. The production of aquatic fingerlings shall be examined and approved by the department in charge of fishery administration of the local people's government at the county level or above, except for the aquatic fingerlings cultivated or used by the fishery producers themselves. Article 17. Quarantine must be executed for the import and export of aquatic fingerlings in order to prevent disease from passing into or out of the territory. Specific quarantine work shall be carried out in accordance with the provisions in the laws and administrative regulations on the quarantine of animals and plants imported and exported. The safety for imported transgenosis aquatic fingerlings must be evaluated. Specific administration shall be carried out in accordance with relevant provisions of the State Council. Article 18. The department in charge of fishery administration of the local people's government at the county level or above shall strengthen technical guidance and disease prevention for the aquatic breeding production. Article 19. Baits or feedstuff containing poisonous or harmful substances shall not be used in the aquatic breeding production. Article 20. In the aquatic breeding production, the ecological environment of water areas shall be protected, and the aquatic breeding density shall be scientifically determined, baits be reasonably cast, fertilizer be reasonably thrown, and medicament be reasonably used. The water areas shall not be polluted. CHAPTER III FISHING Article 21. The State takes measures in finance, credit and taxation to encourage and support the development of ocean fishery industry, and arranges continental-river and inshore fishing according to the fishable amount of the fishery resources. Article 22. The State determines the total fishable amount of the fishery resources and implements fishing quota system in accordance with the principle that the fishing amount shall be lower than the increasing amount of the fishery resources. The department in charge of fishery administration of the State Council shall be responsible for organizing the investigation and evaluation of fishery resources, and provide scientific basis for the implementation of the fishing quota system. The total amount of the fishing quota for inland seas, territorial seas, exclusive economic zones and other jurisdictional seas of the People's Republic of China shall be determined by the department in charge of fishery administration of the State Council, and shall be distributed and reported to the governments level by level after it is submitted to and approved by the State Council. The total amount of the fishing quota for important rivers and pools determined by the State shall be determined by relevant provincial, autonomous regional, municipal people's governments or determined through consultation, and shall be distributed and reported level by level. The distribution of the total amount of the fishing quota shall embody the principle of fairness and justness. The distribution methods and distribution results must be open to the society and be supervised. The department in charge of fishery administration of the State Council and of the provincial, autonomous regional, municipal people's governments shall strengthen its supervision and inspection on the implementation of the fishing quota system. For the amount which exceed the fishing quota target required by the upper level, the said department shall check and reduce its fishing quota of the next year. Article 23. The State implements fishing license system on fishery industry. The fishing licenses for large scale dragnet and pursue net operation on the sea and the fishing operation on the mutually administered fishing areas determined by the agreement concluded between the People's Republic of China and a relevant country or the fishing operation on the high seas shall be approved and issued by the department in charge of fishery administration of the State Council. The fishing licenses for other operations shall be approved and issued by the department in charge of fishery administration of the local people's government at the county level or above. However, the fishing licenses approved and issued for operations on the sea shall not exceed the target required by the State on the control of vessel and net facilities. Specific measures shall be stipulated by the provincial, autonomous regional, municipal people's governments. Fishing licences may not be sold, leased or transferred by other illegal means, and they may not be altered. Fishing operations on jurisdictional seas of other countries shall be approved by the department in charge of fishery administration of the State Council, and abide by relevant treaties and agreements concluded or acceded to by the People's Republic of China and the laws of relevant countries. Article 24. A fishing license may be issued to the applicant only if he fulfills the following conditions: (1) he has the fishing vessel inspection certificate; (2) he has the fishing vessel registration certificate; and (3) he fulfills other conditions stipulated by the department in charge of fishery administration of the State Council. The fishing certificates approved and issued by the department in charge of fishery administration of the local people's government at the county level or above shall fit in with the fishing quota target required by the department in charge of fishery administration of the people's government at the upper level. Article 25. The unit or individual engaged in fishing operation must operate in accordance with the provisions in the fishing license on type of operation, location, time limit, quantity of fishing facilities and fishing quota, and abide by relevant provisions of the State on the protection of fishery resources. Large scale fishing vessels shall keep fishing logs. Article 26. Vessels that are produced, rebuilt, purchased and imported for shipping operation must be inspected and proved qualified by the fishing vessel inspection department before it is launched for operation. Specific measures shall be stipulated by the State Council. Article 27. The construction of fishing harbors shall abide by the State's united programming, and the principle of benefiting the investors shall be implemented. The local people's government at the county level or above shall strengthen its supervision and administration on the fishing harbors located in its own administrative region, and maintain the normal order of these fishing harbors. CHAPTER IV INCREASE AND PROTECTION OF FISHERY RESOURCES Article 28. Departments of fishery administration under the people's governments at and above the county level shall work out overall plans and take measures to increase fishery resources in the fishery waters under their jurisdiction. These departments may collect fees from the units and individuals profited by the use of such waters and devote the money thus collected to the increase and protection of fishery resources. The procedures for collecting such fees shall be formulated by the department of fishery administration and the department of finance under the State Council, and must be approved by the State Council before going into effect. Article 29. The State protects germ plasm resources of aquatic products and their surviving environment, and establishes preservation areas for germ plasm resources of aquatic products in the main regions where germ plasm resources of aquatic products with high economic value and heredity and breeding value can grow and breed. No unit or individual shall be engaged in fishing activities in the preservation areas for germ plasm resources of aquatic products without the approval by the department in charge of fishery administration of the State Council. Article 30. Methods of destroying fishery resources such as killing fish by explosion, with poison or with electricity, etc. are prohibited for fishing. It is prohibited to produce, sell or use banned fishing facilities. It is prohibited to go fishing in the banned fishing areas or within the banned fishing periods. It is prohibited to go fishing with nets smaller than the smallest size of mesh. The undersized fish among the fishing gains shall not exceed the stipulated proportion. It is prohibited to sell illegally fished fishing gains in the banned fishing areas or within the banned fishing periods. The varieties of fishery resources under key protection as well as their fishable standards, the banned fishing areas and the banned fishing periods, fishing facilities and fishing methods prohibited to be used, the smallest size of mesh, and other measures to protect fishery resources shall be stipulated by the department in charge of fishery administration of the State Council or of the provincial, autonomous regional, municipal people's governments. Article 31. Catching fry of aquatic animals of important economic value shall be prohibited. Catching fry of aquatic animals of important economic value or spawning aquatic animals under protection for artificial breeding or for other special purposes must be approved by the department of fishery administration under the State Council or by departments of fishery administration under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and it must be conducted in the designated areas and times and strictly in accordance with the quotas assigned. Measures shall be adopted to protect fry of aquatic animals when channeling or using water from water areas that specialize in producing such fry. Article 32. When building sluices and dams which will have serious effects on fishery resources on the migration routes of fish, shrimp and crabs, the construction units must build fish passages or adopt other remedial measures. Article 33. For water bodies that are used for fisheries and also serve the purposes of water storage and regulation and irrigation, the departments concerned shall fix the lowest water level required for fishery. Article 34. It shall be forbidden to reclaim land from lakes. Without approval from a people's government at or above the county level, it shall not be allowed to enclose tidal flats for cultivation and no one shall be allowed to reclaim land from water areas that are used as major seedling producing centres and aquatic breeding grounds. Article 35. To conduct underwater explosions, exploration and construction that may have serious effects on fishery resources, the construction units shall consult in advance with the department of fishery administration under the relevant people's government at or above the county level and take measures to prevent or minimize the damage to fishery resources. In case any damages to fishery resources occur there from, the relevant people's government at or above the county level shall order the responsible party to pay compensation. Article 36. The people's governments at all levels shall take measures to protect and improve the ecological environment of fishery water areas, prevent and cure pollution. The supervision and administration of the ecological environment of fishery water areas as well as the investigation and treatment of fishery pollution accidents shall be executed in accordance with relevant provisions in the Law of the People's Republic of China on the Protection of Sea Environment and the Law of the People's Republic of China on the Prevention and Cure of Water Pollution. Article 37. The State carries out key protection on aquatic wild animals which are valuable or in severe danger such as white-flag dolphins, etc. in order to prevent them from dying out. It is prohibited to fish and kill, or hurt the aquatic wild animals under the State's key protection. Where it is needed to fish the aquatic wild animals under the State's key protection due to scientific research, domestication and breeding, exhibition or other special circumstances, it shall be executed in accordance with the provisions in the Law of the People's Republic of China on the Protection of Wild Animals. CHAPTER V LEGAL LIABILITY Article 38. Where the methods of destroying fishery resources such as killing fish by explosion, with poison or with electricity, etc. are used for fishing, the provisions on banned fishing areas or banned fishing periods are violated in fishing, or banned fishing facilities, fishing methods or nets smaller than the smallest size of mesh are used for fishing, or the undersized fish among the fishing gains exceeds the stipulated proportion, the fishing gains and illegal proceeds shall be confiscated, and a fine of 50,000 yuan or less shall be imposed; if the case is serious, the fishing facilities shall be confiscated and the fishing license shall be revoked; if the case is particularly serious, the fishing vessel may be confiscated; if such acts constitute an offence, criminal liabilities shall be investigated in accordance with the law. The department in charge of fishery administration of the local people's government at the county level or above shall timely investigate and dispose of the acts of selling illegally fished fishing gains in the banned fishing areas or within the banned fishing periods. Where fishing facilities prohibited to be used are produced or sold, the illegally produced or sold fishing facilities and the illegal proceeds shall be confiscated, and a fine of 10,000 yuan or less shall be imposed. Article 39. For anyone who steals or loots the aquatic products bred by others or destroy the breeding water or breeding facilities of others, he shall be ordered to remedy his acts, and may be imposed a fine of 20,000 yuan or less; if such acts cause any damage to others, he shall bear the compensation liability in accordance with the law; if such acts constitute an offence, criminal liabilities shall be investigated in accordance with the law. Article 40. Where a water area or beach with ownership by the whole people used for aquatic breeding production lies waste for one year or longer without any justifiable reason, the authority which issues the aquatic breeding certificate shall order the user to develop and utilize it within a time limit; should the user fail to develop and utilize it within the time limit, his aquatic breeding certificate shall be revoked, and a fine of 10,000 or less may also be imposed. For anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people without permission before obtaining the aquatic breeding certificate in accordance with the law, he shall be ordered to remedy his acts, and re-apply for the aquatic breeding certificate or dismantle the aquatic breeding facilities within a time limit. For anyone who is engaged in aquatic breeding production in a water area with ownership by the whole people before obtaining the aquatic breeding certificate in accordance with the law or who exceeds the permitted fishing scope in the aquatic breeding certificate, thus hinders water carriage or flood drainage, he shall be ordered to dismantle the aquatic breeding facilities within a time limit, and may be imposed a fine of 10,000 yuan or less. Article 41. For anyone who goes fishing without permission before obtaining the fishing license in accordance with the law, the fishing gains and illegal proceeds shall be confiscated, and a fine of 100,000 yuan or less shall be imposed; if the case is serious, the fishing facilities and the fishing vessel may also be confiscated. Article 42. For anyone who goes fishing by violating the provisions in the fishing license on type of operation, location, time limit, quantity of fishing facilities, the fishing gains and illegal proceeds shall be confiscated, and a fine of 50,000 yuan or less may also be imposed; if the case is serious, the fishing facilities may also be confiscated and the fishing license be revoked. Article 43. Where the fishing license is altered, bought, sold, leased or otherwise transferred, the illegal proceeds shall be confiscated, and the fishing license be revoked, and a fine of 50,000 yuan or less may also be imposed; where the acts of forging, mutilating, buying or selling the fishing license constitute an offence, criminal liabilities shall be investigated in accordance with the law. Article 44. Where the aquatic fingerlings are illegally produced, imported or exported, the fingerlings and illegal proceeds shall be confiscated, and a fine of 50,000 yuan or less shall be imposed. For anyone who is engaged in feeding aquatic fingerlings without being examined, determined and approved, he shall be ordered to stop the operation immediately, the illegal proceeds shall be confiscated, and a fine of 50,000 yuan or less may also be imposed. Article 45. For anyone who is engaged in fishing activities in an preservation area for germ plasm resources of aquatic products without permission, he shall be ordered to stop fishing immediately, the fishing gains and fishing facilities shall be confiscated, and a fine of 10,000 yuan or less may also be imposed. Article 46. Where a foreigner or a foreign fishing vessel violates the provisions in this Law by entering the jurisdictional water areas of the People's Republic of China to be engaged in fishery production or activities for investigation of fishery resources, he/it shall be ordered to leave or be banished, the fishing gains and fishing facilities may be confiscated, and a fine of 500,000 yuan or less may also be imposed; if the case is serious, the fishing vessel may be confiscated; if such acts constitute an offence, criminal liabilities shall be investigated in accordance with the law. Article 47. For anyone who destroys the ecological environment of fishery water areas or causes any fishery pollution accident, his legal liabilities shall be investigated in accordance with the provisions in the Law of the People's Republic of China on the Protection of Sea Environment and the Law of the People's Republic of China on the Prevention and Cure of Water Pollution. Article 48. The administrative penalties provided in this Law shall be decided by the department in charge of fishery administration of the people's government at the county level or above as well as its institutions for the supervision and administration of fishery, except that this Law has already provided the penalty authority. Where, in the execution of law on the sea, there are clear facts and sufficient evidence for the acts of fishing by violating the provisions on banned fishing areas or banned fishing periods or by using banned fishing facilities, fishing methods, and the acts of fishing without obtaining the fishing license, but the administrative penalty decision cannot be made or enforced in presence in accordance with legal procedures, the fishing license, fishing facilities or fishing vessel may be temporarily distrained in advance, and the administrative penalty decision shall be made and enforced in the harbor in accordance with law. Article 49. Where the department in charge of fishery administration and its institutions for the supervision and administration of fishery as well as their staff violate the provisions in this Law in checking and issuing licenses, distributing fishing quota or in the activities of fishery production and operation, or conduct other acts of neglecting their duty and not performing the legal obligations, abusing the administrative power, practicing fraudulence for personal interests, they shall be subject to administrative sanctions in accordance with the law; if such acts constitute an offence, criminal liabilities shall be investigated in accordance with the law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 50. This Law shall come into force as of July 1, 1986. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|