Detailed Rules for the Implementation of the Regulations of Shanghai Municipality on the Protection of Aquaculture (revised 1997)

Chapter I General Provisions Article 1 These Detailed Rules are formulated for the effective implementation of the Fisheries Law of People's Republic of China (PRC) and its detailed rules and the Regulations of Shanghai Municipality on the Protection of Aquaculture (hereinafter referred to as the Regulations). Article 2 The people's governments at all levels in this Municipality shall make unified planning and rational development and utilization of water areas, and encourage the whole people, collective units and individuals to develop aquaculture. Article 3 The fishery administrative departments at all levels in this Municipality and the fishery superintendency agencies shall, in accordance with the Regulations and these Detailed Rules, follow the principles of giving priority to aquaculture, paying equal attention to aquaculture, fishing and processing, adjusting measures to local conditions and focusing on each other, strengthen supervision and management, and protect and promote the development of fishery production in this Municipality.

Public security, industry and commerce administration, finance, environmental protection, land, agriculture, water conservancy, port and shipping supervision and other departments of this Municipality shall cooperate with fishery superintendency agencies to implement these rules. Chapter II Fishery Supervision and Administration Article 4 The fishery supervision and administration of this Municipality shall be subject to unified leadership and hierarchical management:

(1) Fishery supervision and administration in the waters of the Yangtze River and Huangpu River within this Municipality shall be the responsibility of the municipal fishery supervision and administration institution.

(2) The fishery supervision and management of rivers, lakes, beaches and intensive fish ponds within the county (district) shall be the responsibility of the fishery supervision and management institution of the county (district).

(3) Fishery supervision and management of small waters such as rivers and ponds within the township (town) shall be the responsibility of the township (town) people's government or its subordinate township (town) fishery supervision and management institutions.

(four) the fishery supervision and administration of the waters within the scope of state-owned farms shall be the responsibility of the farm fishery supervision and administration institutions.

(five) the fishery supervision and administration of the waters across counties (districts) within the scope of this Municipality shall be formulated by the fishery supervision and administration institutions of the relevant counties (districts) through consultation; Fishery supervision and administration in waters across provinces and cities shall be formulated by the fishery supervision and administration institutions of cities (counties) in consultation with the fishery supervision and administration institutions of relevant provinces (counties). Article 5 The people's governments at all levels in this Municipality shall, in accordance with the provisions, determine the right to use aquaculture in fishery waters and issue aquaculture use certificates:

(a) in the county (district) within the scope of rivers, lakes, beaches, intensive fish ponds and other fishery waters for aquaculture production, by breeding units or individuals to the local township (town) people's government or its subordinate fishery supervision and management institutions to apply, after the county (district) fishery supervision and management institutions for examination and approval, the county (district) people's government for approval, issued a certificate for aquaculture use.

(II) Where aquaculture production is carried out in small fishery waters such as gardens, ditches, houses, rivers and ponds within the township (town), the aquaculture unit or individual shall apply to the township (town) people's government or the fishery supervision and administration institution, and after examination and approval, the township (town) people's government shall issue a certificate for aquaculture use.

(3) If the fishing waters across counties (districts) are used for aquaculture production, the aquaculture unit or individual shall apply to the fishery supervision and administration institution of the relevant county (district) respectively, and after examination and approval, the people's government of the relevant county (district) shall jointly issue the aquaculture use certificate.

(4) Where aquaculture production is carried out in the fishery waters within the scope of state-owned farms, the aquaculture unit or individual shall apply to the fishery supervision and administration institution of the Municipal Farm Bureau, and after examination and approval, the Municipal Farm Bureau shall issue a certificate for aquaculture use.

(5) In case of aquaculture production in the fishery waters of municipal state-owned aquaculture farms, the employing unit shall apply to the fishery supervision and administration institution of the county (district) where it is located, and after examination and approval, the people's government of the county (district) where it is located shall issue a certificate for aquaculture use.

The aquaculture use certificate shall be uniformly printed by the municipal fishery administrative department. Sixth engaged in aquaculture, since the date of obtaining the aquaculture license, not less than 300 kinds of aquaculture per mu per year.

The specification of fish species to be stocked is: herring, grass carp, silver carp and bighead carp, 1 1.5 cm or more (less than 50 fish per kilogram); Carp more than ten centimeters (less than sixty per kilogram); Both bream and crucian carp are more than eight centimeters (less than one hundred per kilogram). Less than the above specifications, not included in the actual stocking quantity.

If the fish species are not stocked according to the above specified quantity, the idle fee of fishery waters shall be calculated according to the following formula:

Idle fee of fishery waters = market price of each variety × (specified stock-actual stock)

Idle fees in fishery waters shall be collected by fishery superintendency agencies as a fund for the proliferation and protection of fishery resources. Article 7 The intensive fish pond belonging to the commercial fish production base of this Municipality shall be filled by the filling unit to the fishery administrative department of the county (district) where it is located, and after examination, it shall be reported to the municipal fishery administrative department for approval. In other intensive fish ponds and other fishery waters, the landfill unit shall apply to the fishery administrative department of the county (District) where it is located and report it to the county (District) people's government for approval. The document approving the completion of intensive fish ponds shall be copied by the approving unit to the county (district) land management department for the record.

When the intensive fish pond is not full, the compensation fee, resettlement subsidy and fish pond development fee will be paid in one lump sum.

Requisition of intensive fish ponds belonging to the commercial fish production base of this Municipality shall be subject to the consent of the municipal fishery administrative department. Requisition of other intensive fish ponds and other fishery waters must be approved by the county (District) fishery administrative department and submitted to the county (District) people's government for approval.

Requisition of intensive fish ponds shall pay taxes and fees in accordance with the provisions of Article 27 and Article 28 of the Land Management Law of the State and the relevant provisions on land requisition in this Municipality, and pay all compensation fees, resettlement subsidies and fish pond development fees in one lump sum.

The recovered fish pond development expenses should be included in the national budget management, and the fishery administrative department should take it as special funds for the construction of commercial fish production bases in the future.