Article 2 The term "sea area" as mentioned in these Regulations refers to the water surface, water body, seabed and subsoil of the inland waters and territorial waters on the seaward side of the coastline within the administrative area of this province. The delineation of coastline shall be carried out in accordance with the relevant provisions of the state.
Article 3 Those who have continuously used a specific sea area for more than three months in the waters adjacent to this province, and implemented supervision and management over the use of sea areas, shall abide by these regulations.
Article 4 The use of sea areas must conform to the marine functional zoning, and the principles of unified planning, comprehensive utilization, rational development and environmental protection shall be implemented.
Units and individuals using sea areas must obtain the right to use sea areas according to law.
Article 5 The marine administrative department of the people's government at or above the county level shall be responsible for the supervision and administration of the use of the adjacent sea areas within its administrative area; Its subordinate marine supervision institutions are responsible for the specific supervision and inspection of the use of sea areas. Article 6 The marine administrative departments of the people's governments of provinces, cities divided into districts and counties (cities) shall, jointly with relevant departments, draw up the marine functional zoning of the waters adjacent to their respective administrative areas on the basis of the marine functional zoning at the next higher level.
Seventh provincial marine functional zoning by the provincial people's government for examination and approval, reported to the State Council for approval; The marine functional zoning of a city divided into districts shall be submitted to the provincial people's government for examination and approval after being audited by the people's government at the corresponding level; County (city) marine functional zoning is audited by the people's government at the same level, reported to the people's government at the next higher level for review, and submitted to the provincial people's government for approval.
The marine functional zoning of a city or county (city) divided into districts shall be reported to the state marine administrative department for the record.
Article 8 Where it is necessary to change the marine functional zoning due to public interests, national defense security or major infrastructure construction such as energy and transportation, the original compilation organ shall, jointly with relevant departments, propose a modification plan and submit it to the original approval organ for approval; Without approval, the functions of the sea areas determined by the marine functional zoning shall not be changed.
Article 9 After the marine functional zoning is approved, the local people's government shall announce it to the public within 30 working days from the date of approval, except for the part involving state secrets.
Tenth proliferation, aquaculture, salt industry, transportation, tourism and other industries involved in the use of sea areas, should be in line with the marine functional zoning.
Where the overall planning of coastal land use, urban planning, port planning and flood control planning involve the use of sea areas, they should be linked with marine functional zoning.
Eleventh marine administrative departments shall, in accordance with the approved marine functional zoning, local economic and social development, marine environmental protection and maritime traffic safety requirements, the preparation of sea use planning.
The planning of sea area use should adhere to the principles of total control, improving utilization efficiency and sustainable utilization, and make overall arrangements for the use of sea areas in various regions. Twelfth people's governments at or above the county level shall encourage the development and utilization activities that are conducive to the protection of marine resources and ecological environment, and strictly control the use of sea areas that change the natural attributes of sea areas or affect the marine ecological environment.
Thirteenth units and individuals that need to use the sea area shall apply to the maritime administrative department of the people's government at the county level adjacent to the sea area according to law.
Fourteenth the following projects with the sea, approved by the provincial people's government:
(a) less than 50 hectares of sea for land reclamation, docks, dams, cofferdams, ash storage yards and other reclamation projects;
(2) Reclamation projects such as salt fields, fish ponds and semi-closed harbor ponds and artificial structures at sea, with a sea area of more than 60 hectares but less than 100 hectares.
Fifteenth the following projects with the sea, approved by the Municipal People's government:
(1) Sea reclamation projects and artificial offshore structures such as salt fields, fish ponds and semi-closed basins, with sea area exceeding 10 hectare but less than 60 hectares;
(2) The sea area used for proliferation, aquaculture, bathing, wharf front waters, navigation channels, anchorage, tourism, sports activities and other open projects is more than 200 hectares but less than 700 hectares.
Sixteenth the following projects with the sea, the county (city) people's government for approval:
(a) salt fields, fish ponds, semi-closed harbor ponds and other reclamation projects and artificial offshore structures use less than ten hectares of sea;
(2) The sea area used for proliferation, aquaculture, bathing, wharf front waters, navigation channels, anchorage, tourism, sports and other open projects is less than 200 hectares.
Seventeenth municipal people's government approval authority for the use of sea areas, determined by the local municipal people's government.
The use of sea for projects across administrative regions shall be examined and approved by the people's government at the next higher level.
Eighteenth any of the following circumstances, shall not be approved for the use of sea areas:
(a) does not conform to the marine functional zoning and sea area use planning;
(two) the destruction of marine resources, environment, natural landscape and ecological balance;
(3) Causing siltation and blockage in navigation channels and port areas, and other obstacles that hinder the production and operation of anchorage and port;
(4) Causing beach erosion and endangering the safety of coastal projects such as seawalls;
(5) Mining sea sand in important engineering areas such as oil and gas exploration and exploitation areas and biological farms;
(6) obstructing navigation, fire fighting, emergency rescue and flood discharge in flood season;
(seven) causing adverse effects on the military administrative zone;
(eight) other projects prohibited by laws and regulations.
Nineteenth sea use projects such as reclamation, land reclamation and artificial reefs change or seriously change the natural attributes of sea areas, and the applicant for sea use shall submit a report on the use of sea areas.
The preparation of the demonstration report on the use of sea areas shall be undertaken by the unit that has obtained the qualification certificate for the use of sea areas issued by the national or provincial marine administrative department.
Twentieth marine administrative departments of the people's governments at the county level shall, after receiving the application for the use of sea areas, handle it in accordance with the following provisions:
(a) the application for the use of sea areas within the scope of the people's government at the same level shall be completed within five working days at the latest, and shall be reviewed in accordance with the relevant provisions;
(two) to apply for the use of sea areas within the scope of the examination and approval authority of the Municipal People's government with districts, and put forward preliminary opinions and report them to the marine administrative department of the Municipal People's government with districts for examination and approval;
(III) Put forward preliminary examination opinions on the application for sea use within the scope of the examination and approval authority of the provincial people's government, report to the marine administrative department of the municipal people's government with districts for examination, put forward examination opinions, and report to the provincial marine administrative department for examination;
(four) to apply for the use of the sea areas within the scope of the examination and approval authority of the State Council, put forward preliminary opinions, and report them to the marine administrative department of the people's government of the city or province divided into districts for review step by step, and the provincial marine administrative department shall report them to the national marine administrative department.
The preliminary examination opinions put forward by the maritime administrative department shall, with the consent of the people's government at the corresponding level, be reported to the maritime administrative department at a higher level for examination or examination. The preliminary examination or review of the application for the use of sea areas shall be completed within ten working days at the latest; The examination and approval of the application for the use of sea areas shall be completed within twenty working days at the latest.
Article 21 The marine administrative department of the people's government at or above the county level shall, within the time stipulated in these Regulations, put forward examination opinions on whether to approve or disapprove the application for the use of sea areas within the scope of functions and powers of the people's government at the corresponding level, and report it to the people's government at the corresponding level for decision. If it is not approved, the people's government that made the decision shall notify the applicant in writing and explain the reasons.
The maritime administrative department shall solicit the opinions of the relevant departments of the people's government at the corresponding level when examining the application for the use of sea areas.
Twenty-second major construction projects need to use sea areas, the construction unit shall apply for the use of sea areas before the project is established, and after the approval of the marine administrative department of the people's government with the power of examination and approval, the project shall be established in accordance with the prescribed procedures.
Article 23 Where the same type of sea area is used for the same sea-using project, an application shall be made on the basis of the overall design, and it shall not be submitted for approval separately.
Where different types of sea areas are used for the same sea use project, an application shall be made on the basis of the overall design, and shall be examined and approved separately in accordance with the examination and approval authority stipulated in these Regulations. Article 24 After an application for the use of sea areas is approved according to law, it shall be registered by the people's government that approved the application, and a certificate for the use of sea areas shall be issued to the applicant. The applicant for the use of sea areas shall obtain the right to use sea areas from the date of receiving the certificate of the right to use sea areas.
Twenty-fifth in addition to obtaining the right to use the sea area according to law, the conditions should be determined by bidding or auction.
Bidding or auction of the right to use sea areas shall be organized and implemented by the marine administrative department of the people's government with the right of approval after being approved by the people's government at the corresponding level; The bidding or auction scheme shall solicit the opinions of the relevant departments at the same level.
Article 26 The acquisition, alteration and termination of the right to use sea areas shall be registered in accordance with state regulations. The registered right to use the sea area shall be announced to the public by the maritime administrative department within 30 days from the date of registration. Registration data of sea area use right can be inquired publicly.
The right to use sea areas and other rights registered according to law are protected by law, and no unit or individual may infringe upon them.
Article 27 The maximum term of the right to use sea areas shall be implemented in accordance with the following provisions:
(1) fifteen years of mariculture;
(2) Twenty years of ship dismantling;
(three) the sea for tourism and entertainment for twenty-five years;
(4) Salt industry and mining industry have used the sea for 30 years;
(5) Forty years of public welfare undertakings;
(six) ports, shipyards and other construction projects with the sea for fifty years.
Article 28 The holder of the right to use the sea area shall rationally use the sea area according to the purpose approved by the people's government, and shall not change the use of the sea area without authorization; If it is really necessary to change, it shall be submitted to the people's government that originally approved the use of the sea for approval in accordance with the original examination and approval procedures on the premise of conforming to the marine functional zoning.
Where there is a dispute over the right to use the sea area, no party may change the current situation of the use of the sea area before the dispute is resolved.
Article 29 The holder of the right to use the sea area may transfer, lease or mortgage the right to use the sea area according to law within the approved service life of the sea area. Except as otherwise provided by laws and regulations.
Where the right to use the sea area is transferred or mortgaged, the registration formalities shall be handled according to law.
Thirtieth before the expiration of the right to use the sea area, the right to use the sea area may apply for renewal according to law; Unless otherwise provided by law, the people's government that originally approved the use of the sea shall approve the renewal. If the application for renewal is not applied or the application for renewal is not approved, the right to use the sea area shall be terminated.
When the right to use the sea area is terminated, the holder of the right to use the sea area shall return the certificate of the right to use the sea area and go through the cancellation of registration according to law.
Article 31 In order to meet the needs of public interests or national security, the people's government that originally approved the use of the sea area may take back the right to use the sea area according to law, and give corresponding compensation after evaluation according to the service life of the sea area and the actual situation of development and utilization. Article 32 users of sea areas must pay sea area use fees according to law. According to the different nature or situation of sea use, the sea area use fee can be paid in one lump sum or annually.
The specific implementation steps and measures for fishermen to use sea areas for aquaculture activities to collect sea area use fees shall be implemented in accordance with relevant state regulations.
Thirty-third the following uses of the sea shall be exempted from sea use fees:
(1) Military use of the sea;
(2) Use of the sea by official ships such as customs, frontier defense, sea surveillance, fishery administration, maritime affairs, port and shipping;
(3) Sea use for traffic infrastructure such as non-operating navigation channels and anchorages;
(four) teaching, scientific research, disaster prevention and mitigation, salvage and other non-operating public welfare undertakings.
The right to use the sea area of the sea-using project specified in the preceding paragraph shall not be transferred, leased or mortgaged without authorization.
Thirty-fourth the use of the following sea areas, with the approval of the provincial finance department and the marine administrative department, can be reduced or exempted from the use of sea areas:
(1) Sea for public facilities;
(two) the sea for major national and provincial construction projects;
(3) sea for breeding.
Article 35 royalties for the use of sea areas shall be collected by the marine administrative department of the people's government that has approved the use of sea areas in accordance with the examination and approval authority for the use of sea areas. To collect royalties, a special receipt for royalties uniformly printed by the provincial finance department must be used.
The sea area use fee must be turned over to the finance according to the regulations and stored in special accounts, which are mainly used for the regulation, protection, development and management of sea areas. Article 36 Whoever, in violation of the provisions of these Regulations, illegally occupies sea areas without approval or fraudulent approval shall be ordered by the maritime administrative department or its subordinate sea surveillance agency to return the illegally occupied sea areas, restore them to their original state within a time limit, confiscate their illegal income and impose a fine in accordance with the following provisions:
(a) illegal occupation of sea areas for reclamation activities, punishable by a fine of ten times more than twenty times the amount of sea area use fees payable during the illegal occupation of sea areas;
(two) illegal occupation of sea areas for other activities, punishable by a fine of more than five times and less than fifteen times the amount of sea areas payable during the illegal occupation of sea areas.
Thirty-seventh in violation of the provisions of this Ordinance, any of the following circumstances, the approval document is invalid, to recover the illegal use of sea areas; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If losses are caused to others, compensation shall be made according to law:
(a) without the right or beyond the authority to approve the use of sea areas;
(two) the use of sea areas is not approved according to the marine functional zoning;
(three) the same sea use project that uses the same type of sea area will be broken into parts, and the examination and approval will be decentralized.
The sea areas recovered in accordance with the provisions of the preceding paragraph shall be re-examined and approved in accordance with the provisions of Chapter III of these Regulations.
Thirty-eighth in violation of the provisions of this Ordinance, unauthorized changes in the use of sea areas, the maritime administrative department or its subordinate sea surveillance agencies shall be ordered to make corrections within a time limit, confiscate the illegal income and impose a fine; If no correction is made within the time limit, the people's government that issued the certificate of the right to use the sea area shall cancel the certificate of the right to use the sea area and recover the right to use the sea area. The fine shall be implemented in accordance with the following provisions:
(1) If the use of sea areas is changed to sea for reclamation projects, a fine of 10 times or more and 15 times or less shall be imposed;
(two) to change the use of sea areas for reclamation projects, and impose a fine of not less than eight times but not more than twelve times the sea area use fee payable during the illegal change of sea area use;
(three) other unauthorized changes in the use of sea areas, illegal changes in the use of sea areas during the period should pay a fine of more than five times and less than ten times the use of sea areas.
Thirty-ninth in violation of the provisions of this Ordinance, the right to use the sea area has not paid the royalties, and the maritime administrative department shall order it to pay within a time limit; If it fails to pay within the time limit, the people's government that issued the certificate of the right to use the sea area shall cancel the certificate of the right to use the sea area and recover the right to use the sea area.
Article 40 If the people's governments at or above the county level and their marine administrative departments or other relevant departments have any of the following circumstances in the supervision and management of the use of sea areas, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) changing the functions of sea areas determined by marine functional zoning without authorization;
(two) the application for the use of sea areas that meet the statutory conditions is not accepted or the reasons for the application for the use of sea areas that are not approved are not explained according to law;
(three) in violation of the provisions of this Ordinance issued a certificate of the right to use the sea area;
(four) found illegal acts will not be investigated;
(5) Failing to collect and reduce royalties in accordance with the provisions of the state and the province, and withholding, misappropriating, privately dividing or privately dividing royalties in sea areas;
(six) other dereliction of duty, abuse of power, corruption. Forty-first exclusive sea use activities that may have a significant impact on national defense security, maritime traffic safety and other marine activities, with reference to the relevant provisions of these regulations, obtain temporary sea use permits.
Article 42 The boundary line between the river estuary and the sea area in this province shall be delineated by the provincial marine administrative department in conjunction with the relevant departments of provincial water conservancy and Yellow River affairs, and submitted to the provincial people's government for approval.
Article 43 These Regulations shall come into force on June 6+1October 6+1October 6, 2004.