Chapter II Aquaculture
Chapter III Fisheries
Chapter IV Proliferation and Protection of Fishery Resources
Chapter VI Supplementary Provisions
Chapter V Legal Liability Article 1 This Law is formulated in order to strengthen the protection, proliferation, development and rational utilization of fishery resources, develop artificial breeding, safeguard the legitimate rights and interests of fishery producers, promote the development of fishery production and meet the needs of socialist construction and people's life.
Article 2 Anyone who engages in fishery production activities such as breeding and fishing aquatic animals and plants in People's Republic of China (PRC)'s internal waters, beaches, territorial waters, exclusive economic zones and all other sea areas under the jurisdiction of People's Republic of China (PRC) must abide by this Law.
Article 3 The State adopts the policy of giving priority to aquaculture, paying equal attention to aquaculture, fishing and processing, adapting to local conditions and focusing on each other.
People's governments at all levels shall incorporate fishery production into the national economic development plan and take measures to strengthen the unified planning and comprehensive utilization of water areas.
Article 4 The State encourages research on fishery science and technology, popularizes advanced technology and improves the level of fishery science and technology.
Fifth units and individuals that have made outstanding achievements in the proliferation and protection of fishery resources, the development of fishery production, and the research of fishery science and technology shall be given spiritual or material rewards by the people's governments at all levels.
Article 6 The fishery administrative department of the State Council shall be in charge of the national fishery work. The fishery administrative departments of local people's governments at or above the county level shall be in charge of fishery work within their respective administrative areas. The fishery administrative department of the people's government at or above the county level may set up fishery supervision and administration institutions in important fishery waters and fishing ports.
The fishery administrative department of the people's government at or above the county level and its subordinate fishery superintendency agencies may set up fishery inspectors. Fishery inspectors perform tasks assigned by the fishery administrative department and its subordinate fishery supervision and administration institutions.
Article 7 The State exercises unified leadership and hierarchical management over fishery supervision and management.
Marine fisheries shall be supervised and managed by the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, except for the sea areas designated by the fishery administrative departments of the State Council and the fishery superintendency agencies to which they belong and the fishing grounds with specific fishery resources.
Fisheries in rivers, lakes and other waters shall be supervised and managed by the fishery administrative department of the people's government at or above the county level according to administrative divisions; Cross-administrative areas, the relevant local people's governments at or above the county level shall formulate management measures through consultation, or be supervised and managed by the fishery administrative department of the people's government at the next higher level and its subordinate fishery supervision and administration institutions.
Article 8 Foreigners and foreign fishing boats entering the waters under the jurisdiction of People's Republic of China (PRC) to engage in fishery production or investigation of fishery resources must obtain the approval of the relevant competent authorities in the State Council, and abide by this Law and other relevant laws and regulations in People's Republic of China (PRC); If there is a treaty or agreement with People's Republic of China (PRC), it shall be handled in accordance with the treaty or agreement.
The state fishery administration and fishing port supervision and management institutions exercise the power of fishery administration and fishing port supervision and management.
Ninth fishery administrative departments and their subordinate fishery supervision and management institutions and their staff shall not participate in and engage in fishery production and business activities. Article 10 The State encourages units under ownership by the whole people, units under collective ownership and individuals to make full use of waters and beaches suitable for aquaculture and develop aquaculture.
Article 11 The State shall make unified plans for the utilization of water areas and determine the water areas and beaches that can be used for aquaculture. Units and individuals engaged in aquaculture production by using waters and beaches owned by the whole people as determined by state planning shall apply to the fishery administrative department of the local people's government at or above the county level, and the people's government at the corresponding level shall issue a certificate for aquaculture use, allowing them to use the waters and beaches for aquaculture production. The specific measures for issuing breeding certificates shall be formulated by the State Council.
Collectively owned or state-owned waters and beaches used by agricultural collective economic organizations may be contracted by individuals or collectives to engage in aquaculture production.
Twelfth local people's governments at or above the county level shall give priority to local fishery producers when issuing aquaculture licenses.
Thirteenth disputes arising from the use of water areas and beaches determined by the national planning for aquaculture production shall be handled in accordance with the procedures prescribed by relevant laws. Before the dispute is settled, neither party shall destroy the aquaculture production.
Article 14 The expropriation of collectively owned waters and beaches for national construction shall be handled in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China.
Fifteenth local people's governments at or above the county level shall take measures to strengthen the protection of commercial fish production bases and important aquaculture waters in urban suburbs.
Article 16 The State encourages and supports the breeding, cultivation and popularization of excellent aquatic products.
New varieties of aquatic products must be examined and approved by the National Committee for Examination and Approval of Original Species and Improved Varieties of Aquatic Products, and promoted after being promulgated by the fishery administrative department of the State Council. The import and export of aquatic fingerlings shall be examined and approved by the fishery administrative department of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The production of aquatic fingerlings shall be examined and approved by the fishery administrative department of the local people's government at or above the county level. However, fishery producers do not include aquatic fingerlings for self-rearing and self-use.
Article 17 The import and export of aquatic fingerlings must go through quarantine to prevent the spread of diseases. The specific quarantine work shall be carried out in accordance with the laws and administrative regulations on entry-exit animal and plant quarantine.
The introduction of genetically modified aquatic fingerlings must be evaluated for safety, and the specific management work shall be carried out in accordance with the relevant regulations of the State Council.
Eighteenth fishery administrative departments of the people's governments at or above the county level shall strengthen the technical guidance and disease prevention of aquaculture production.
Article 19 Bait and feed containing toxic and harmful substances shall not be used in aquaculture production.
Twentieth engaged in aquaculture production should protect the ecological environment of water areas, scientifically determine the breeding density, rationally feed, fertilize and use drugs, and must not cause environmental pollution in water areas. Article 21 The State shall take financial, credit and tax measures to encourage and support the development of offshore fishing, and arrange inland waters and offshore fishing forces according to the fishing capacity of fishery resources.
Article 22 The State shall, according to the principle that the catch is lower than the growth of fishery resources, determine the total allowable catch of fishery resources and implement the catch quota system. The fishery administrative department of the State Council is responsible for organizing the investigation and evaluation of fishery resources, and providing scientific basis for the implementation of the fishing quota system. The total fishing quota of China people, inland sea, territorial sea, exclusive economic zone and other sea areas under jurisdiction shall be determined by the fishery administrative department of the State Council, and shall be decomposed step by step after being reported to the State Council for approval; The total fishing quota of important rivers and lakes determined by the state shall be determined by the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government or through consultation, and shall be broken down step by step. The distribution of the total fishing quota should reflect the principle of fairness and justice, and the distribution methods and results must be open and subject to supervision.
The fishery administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the supervision and inspection of the implementation of the fishing quota system, and if it exceeds the fishing quota index issued by the superior, it shall be deducted from the fishing quota index of the following year.
Article 23 The State applies a fishing license system to the fishing industry.
The fishing license for fishing in the same management fishing area or on the high seas determined by the agreement concluded between People's Republic of China (PRC) and the relevant countries shall be approved and issued by the fishery administrative department of the State Council. Fishing licenses for large-scale marine trawling and purse seining operations shall be examined and issued by the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Fishing licenses for other operations shall be approved and issued by the fishery administrative department of the local people's government at or above the county level; However, the approval and issuance of fishing licenses for marine operations shall not exceed the control targets of ship nets and tools issued by the state, and the specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Fishing licenses shall not be sold, leased or transferred in other forms, and shall not be altered, forged or altered.
Fishing in waters under the jurisdiction of other countries shall be approved by the fishery administrative department of the State Council, and shall abide by the relevant treaties and agreements concluded or acceded to by People's Republic of China (PRC) and the laws of relevant countries.
Twenty-fourth meet the following conditions, can be issued a fishing license:
(1) Holding a fishing vessel inspection certificate;
(2) Having a fishing vessel registration certificate;
(three) meet other conditions stipulated by the fishery administrative department of the State Council.
The fishing license approved and issued by the fishery administrative department of the local people's government at or above the county level shall be compatible with the fishing quota index issued by the fishery administrative department of the people's government at a higher level.
Twenty-fifth units and individuals engaged in fishing operations must operate in accordance with the types, places, time limits, the number of fishing gear and the fishing quota stipulated in the fishing license, and abide by the relevant state regulations on the protection of fishery resources. Large and medium-sized fishing boats should fill in the fishing log.
Twenty-sixth manufacturing, modification, purchase and import of fishing vessels must be inspected by the fishing vessel inspection department before launching. Specific management measures shall be formulated by the State Council.
Twenty-seventh fishing port construction should abide by the unified planning of the state, and the principle of whoever invests will benefit. The local people's governments at or above the county level shall strengthen the supervision and management of fishing ports within their respective administrative areas and maintain the normal order of fishing ports. Twenty-eighth fishery administrative departments of the people's governments at or above the county level shall make unified planning for the fishery waters under their management and take measures to increase fishery resources. The fishery administrative department of the people's government at or above the county level may collect fees for the proliferation and protection of fishery resources from the beneficiary units and individuals, and use them exclusively for the proliferation and protection of fishery resources. Measures for the collection of protection fees for the proliferation of fishery resources shall be formulated by the fishery administrative department of the State Council in conjunction with the financial department and implemented after being reported to the State Council for approval.
Article 29 The State protects aquatic germplasm resources and their living environment, and establishes aquatic germplasm conservation zone in the main growth and breeding areas of aquatic germplasm resources with high economic value and genetic breeding value. Without the approval of the fishery administrative department of the State Council, no unit or individual may engage in fishing activities in the conservation zone of aquatic germplasm.
Thirtieth prohibit the use of fried fish, poisonous fish, electric fish and other methods to destroy fishery resources for fishing. It is forbidden to manufacture, sell or use prohibited fishing gear. Fishing in closed fishing areas and closed fishing periods is prohibited. Fishing nets smaller than the minimum mesh size are prohibited. The juvenile fish in the catch shall not exceed the prescribed proportion. It is forbidden to sell illegally caught catches in closed fishing areas or closed fishing periods.
The types of key protected fishery resources and their fishing standards, closed fishing areas and periods, fishing gear and fishing methods prohibited or restricted, minimum mesh size and other measures to protect fishery resources shall be stipulated by the fishery administrative departments of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 31 It is forbidden to catch aquatic animal fry with important economic value. For breeding or other special needs, fishing for fry with important economic value or brooding parents whose fishing is prohibited must be approved by the fishery administrative department of the State Council or the fishery administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government, and fishing shall be carried out in the designated area and time according to the quota.
Measures should be taken to protect fry when transferring water in key aquatic animal producing areas.
Article 32 If the dam is built in the migration passage of fish, shrimp and crab, which has a serious impact on fishery resources, the construction unit shall build fishing facilities or take other remedial measures.
Article 33 For water bodies that are used for fishery and have the functions of water storage and irrigation, the relevant competent departments shall determine the minimum water level required for fishery production.
Article 34 Reclaiming land from lakes is prohibited. Without the approval of the people's governments at or above the county level, coastal beaches shall not be reclaimed; Important seed bases and breeding grounds shall not be reclaimed.
Thirty-fifth underwater blasting, exploration and construction operations that have a serious impact on fishery resources, the operating unit shall consult with the fishery administrative department of the people's government at or above the county level in advance and take measures to prevent or reduce the damage to fishery resources; If losses are caused to fishery resources, the relevant people's governments at or above the county level shall order compensation.
Article 36 People's governments at all levels shall take measures to protect and improve the ecological environment of fishery waters and prevent pollution.
The supervision and management of the ecological environment of fishery waters and the investigation and handling of fishery pollution accidents shall be carried out in accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of Marine Environment and the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution.
Article 37 The State shall give priority protection to rare and endangered aquatic wild animals such as baiji to prevent their extinction. It is forbidden to kill or harm aquatic wild animals under special state protection. Due to scientific research, domestication and breeding, exhibition or other special circumstances, it is necessary to capture aquatic wild animals under special state protection, and it shall be implemented in accordance with the provisions of the Wildlife Protection Law of People's Republic of China (PRC). Article 38 If the methods of destroying fishery resources, such as fried fish, poisonous fish and electric fish, violate the provisions of closed fishing areas and closed fishing periods, or use prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or if the juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal income shall be confiscated and a fine of not more than 50,000 yuan shall be imposed; If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; If the circumstances are particularly serious, the fishing boat may be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.
The fishery administrative departments of local people's governments at or above the county level shall promptly investigate and deal with those who sell illegal catches in closed fishing areas or closed fishing periods.
Whoever manufactures or sells prohibited fishing gear shall confiscate the illegally manufactured and sold fishing gear and illegal income, and impose a fine of not more than 10,000 yuan.
Article 39 Whoever steals or robs aquatic products cultivated by others, or damages water bodies and facilities cultivated by others, shall be ordered to make corrections and may be fined up to 20,000 yuan; If losses are caused to others, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth waters and beaches owned by the whole people are used for aquaculture production, and if they are deserted for one year without justifiable reasons, the organ that issued the aquaculture license shall order them to be developed and utilized within a time limit; If it is not developed and utilized within the time limit, the breeding license shall be revoked and a fine of less than 1 10,000 yuan may be imposed.
Those who engage in aquaculture production in waters owned by the whole people without obtaining the aquaculture license according to law shall be ordered to make corrections, reissue the aquaculture license or dismantle the aquaculture facilities within a time limit.
Those who engage in aquaculture production in waters owned by the whole people without obtaining a aquaculture license according to law or beyond the scope permitted by the aquaculture license, which hinders shipping and flood discharge, shall be ordered to dismantle aquaculture facilities within a time limit and may be fined less than 1 10,000 yuan.
Forty-first fishing without obtaining a fishing license according to law, the catch and illegal income shall be confiscated, and a fine of100000 yuan shall be imposed; If the circumstances are serious, fishing gear and fishing boats may be confiscated.
Forty-second fishing in violation of the provisions of the fishing license on the type of operation, place, time limit and the number of fishing gear, the catch and illegal income shall be confiscated and a fine of not more than 50 thousand yuan may be imposed; If the circumstances are serious, the fishing gear may be confiscated and the fishing license revoked.
Article 43 Anyone who alters, buys, sells, leases or transfers his fishing license by other means shall have his illegal income confiscated, his fishing license revoked and may be fined not more than 10,000 yuan. Whoever forges, alters or buys or sells fishing licenses, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Forty-fourth illegal production, import and export of aquatic fry, fry and illegal income, and impose a fine of not more than fifty thousand yuan.
Those who engage in unapproved aquatic fingerlings shall be ordered to stop their business immediately, their illegal income shall be confiscated, and a fine of less than 50,000 yuan may be imposed.
Article 45 Anyone who engages in fishing activities in aquatic germplasm conservation zone without approval shall be ordered to stop fishing immediately, his catch and fishing gear shall be confiscated, and a fine of less than 1 10,000 yuan may also be imposed.
Article 46 Foreigners and foreign fishing boats that, in violation of the provisions of this Law, enter the waters under the jurisdiction of People's Republic of China (PRC) without authorization to engage in fishery production and fishery resources investigation shall be ordered to leave or be expelled, and their catches and fishing gear may be confiscated, and they may also be fined not more than 500,000 yuan; If the circumstances are serious, the fishing boat may be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-seventh caused the destruction of the ecological environment in fishery waters or fishery pollution accidents, shall be investigated for legal responsibility in accordance with the provisions of the "Marine Environmental Protection Law of the People's Republic of China" and "People's Republic of China (PRC) Water Pollution Prevention Law".
Article 48 The administrative punishment prescribed in this Law shall be decided by the fishery administrative department of the people's government at or above the county level or its subordinate fishery supervision and administration institutions. However, this law has provided for the punishment of organs except.
When enforcing the law at sea, if the facts are clear and the evidence is sufficient, but the decision on administrative punishment cannot be made and implemented according to legal procedures, the fishing license, fishing gear or fishing boat can be temporarily detained first, and then the decision on administrative punishment can be made and implemented according to law after returning to Hong Kong.
Article 49 If the fishery administrative department and its subordinate fishery superintendency agencies and their staff violate the provisions of this Law, issue licenses, allocate fishing quotas or engage in fishery production and operation activities, or commit other acts of dereliction of duty, failure to perform legal obligations, abuse of power or malpractice for personal gain, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 50 This Law shall come into force as of July 2006 1986.