Catalogue of Detailed Rules for the Implementation of People's Republic of China (PRC) Fisheries Law

Detailed Rules for the Implementation of People's Republic of China (PRC) Fisheries Law

Chapter I General Provisions

Article 1 These Detailed Rules are formulated in accordance with Article 34 of the Fisheries Law of People's Republic of China (PRC) (hereinafter referred to as the Fisheries Law).

Article 2 The meanings of the following terms in the Fisheries Law and these Detailed Rules are:

(1) "Internal waters of People's Republic of China (PRC)" refers to the sea areas on the land side of the baseline of People's Republic of China (PRC)'s territorial waters and inland waters such as rivers and lakes.

(2) "All other sea areas under the jurisdiction of People's Republic of China (PRC)" refers to the sea areas under the jurisdiction of People's Republic of China (PRC) according to its laws, international treaties and agreements concluded or acceded to by People's Republic of China (PRC) or other relevant international laws.

(3) "Fishery waters" refers to the spawning grounds, feeding grounds, wintering grounds, migration routes and breeding places of aquatic animals and plants such as fish, shrimp, crabs and shellfish in the waters under the jurisdiction of People's Republic of China (PRC).

Chapter II Fisheries Supervision and Administration

Article 3 The State exercises unified leadership and hierarchical management over fishery supervision and management.

The fishery in the waters under the jurisdiction of People's Republic of China (PRC), which belongs to the outer side of the "motor fishing boat bottom trawl line" designated by the State Council, shall be supervised and managed by the fishery administrative department of the State Council and the fishery administration agencies in the waters to which it belongs; The fishery in the water in the "no-fishing zone line for bottom trawling of motor boats" 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 adjacent to the waters, unless otherwise stipulated by the state.

Fishery in inland waters shall be supervised and managed by the fishery administrative department of the local people's government at or above the county level according to administrative divisions; Fisheries in inland waters across administrative regions shall be formulated through consultation by local people's governments at or above the county level, or supervised and managed by the fishery administrative department of the people's government at the next higher level and its subordinate fishery superintendency agencies; Large-scale river fisheries across provinces, autonomous regions and municipalities directly under the Central Government may be supervised and managed by the fishery administrative department of the State Council.

Important migratory fishery resources are under the unified management of the state; Settlement and small-scale fishery resources are managed by the fishery administrative department of the local people's government.

Article 4 The fishery in the waters within the "closed fishing zone line for bottom trawling of motor boats" shall be demarcated by the fishery administrative departments of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government through consultation. If the scope of supervision and management is difficult to delimit, it can be managed in overlapping areas or * * * areas, and it will be decided by the fishery administrative department of the State Council when necessary.

Article 5 Fishing grounds and production in closed fishing seasons shall be based on the catchable amount of fishery resources, and shall be arranged in an overall way according to the principle of being conducive to the protection, proliferation and rational utilization of fishery resources, giving priority to neighboring areas and giving consideration to other things.

Fishing operations in Zhoushan fishing ground in winter, Pseudosciaena crocea in Zhejiang fishing ground, Pseudosciaena crocea in Mindong fishing ground, Pseudosciaena crocea in Lvsi fishing ground, Pseudosciaena crocea, pomfret in Bohai fishing ground in autumn and other major fishing grounds shall be arranged by the fishery administrative department of the State Council or its authorized unit.

Article 6 The fishery administration and fishing port supervision and management institution of the fishery administrative department of the State Council shall exercise the fishery administration and fishing port supervision and management power on behalf of the state.

The State Council fishery administrative departments set up fishery supervision and management institutions in the Yellow Sea, Bohai Sea, East China Sea and South China Sea; In important fishing ports, border waters and large rivers across provinces, autonomous regions and municipalities directly under the central government, fishery administration and fishing port supervision and management institutions shall be established as needed.

Seventh fishery inspectors have the right to check the certificates, fishing boats, fishing gear, catches and fishing methods of various fishing boats.

Fishery inspectors shall accept the assessment of the fishery administrative department of the State Council or the fishery administrative department of the provincial people's government before performing official duties.

Article 8 The fishery administrative department and its subordinate fishery superintendency agencies shall cooperate with relevant departments such as public security, sea surveillance, transportation, environmental protection and industrial and commercial administration to supervise and inspect the implementation of fishery laws and regulations.

Article 9 Mass fishery protection and management organizations shall carry out fishery protection and management according to law under the operational guidance of the fishery administrative departments of local people's governments at or above the county level.

Chapter III Aquaculture

Article 10 Units under ownership by the whole people and units under collective ownership that use water surfaces and beaches owned by the whole people to engage in aquaculture production shall apply to local people's governments at or above the county level for aquaculture use certificates.

If the water surface and beach owned by the whole people are within the administrative area of the county, the county people's government shall issue a certificate for the use of aquaculture; Cross-county, the relevant counties negotiate and issue breeding certificates, and when necessary, the people's government at a higher level decides to issue breeding certificates.

Eleventh units that have obtained the certificate of aquaculture use shall be regarded as barren if they do not engage in aquaculture production without justifiable reasons, or if the stocking amount is at least 60% lower than the average stocking amount of similar local aquaculture waters.

Article 12 The natural spawning grounds, feeding grounds and important migration routes of fish, shrimp, crabs, shellfish and algae on the water surface and beaches owned by the whole people must be protected and may not be designated as breeding grounds.

Article 13 The expropriation of collectively owned water surfaces and beaches for national construction shall be handled in accordance with the provisions of the State on land management.

Chapter IV Fisheries

Article 14 Division of offshore fishing grounds and offshore fishing grounds:

(1) Bohai Sea and Yellow Sea are offshore fishing grounds.

(2) The inland waters connecting the following four basic points are offshore fishing grounds in the East China Sea; The outer sea area connecting the four basic points is the fishing ground in the East China Sea. These four basic points are:

1, 33 degrees north latitude, 0/25 degrees east longitude;

2. 29 degrees north latitude and 0/25 degrees east longitude;

3. 28 degrees north latitude and 0/24 degrees 30 minutes east longitude;

4. 27 degrees north latitude and 0/23 degrees east longitude.

(3) The waters within the following two isobaths are offshore fishing grounds in the South China Sea; The outer waters of the two isobaths are fishing grounds near the South China Sea. The two isobars are:

80-meter isobath east of 112 degrees east longitude;

2. The 100 m isobath west of12 degrees east longitude;

Article 15 The State applies a fishing license system to the fishing industry.

Engaged in offshore and offshore fishing, an application shall be submitted by the operator, which shall be audited by the fishery administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government and reported to the fishery administrative department of the State Council for approval. Fishing boats engaged in offshore production must operate in accordance with the approved sea areas and closed fishing periods, and shall not enter offshore fishing without authorization.

Fishing licenses for offshore large-scale trawling and purse seine operations shall be approved and issued by the fishery administrative department of the State Council; Fishing licenses for other offshore operations shall be examined, approved and issued by the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the net control indicators issued by the state.

The fishing license for inland waters shall be approved and issued by the fishery administrative department of the local people's government at or above the county level.

The format of fishing license shall be formulated by the fishery administrative department of the State Council.

Sixteenth Chinese-foreign joint ventures and Chinese-foreign cooperative fishing enterprises shall not engage in offshore fishing in the waters under the jurisdiction of People's Republic of China (PRC) without the approval of the relevant competent departments of the State Council.

Seventeenth in any of the following circumstances, no fishing license shall be issued:

(a) the use of fishing gear and fishing methods that destroy fishery resources;

(two) the manufacture, renewal, purchase or import of fishing boats have not gone through the examination and approval procedures in accordance with the provisions of the state;

(3) Failing to obtain the fishing vessel certificate, navigation visa book, job crew certificate, ship household register, fisherman's certificate and other documents prescribed by the state.

Article 18 Fishing licenses are not required for recreational fishing and manual collection of sporadic aquatic products in beaches that have not been cultivated and managed, but management should be strengthened to prevent the destruction of fishery resources. Specific management measures shall be formulated by the people's governments at or above the county level.

Article 19 For special needs such as scientific research, fishing in closed fishing areas or during closed fishing periods, or fishing for key protected species of fishery resources by using prohibited fishing gear and fishing methods, must be approved by the fishery administrative department of the people's government at or above the provincial level.

Chapter V Proliferation and Protection of Fishery Resources

Twentieth prohibit the use of electricity, osprey fishing and knocking (ancient) ship operations. If it is really necessary to use electric power or osprey to fish in specific waters, it must be approved by the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Twenty-first fishery administrative departments of the people's governments at or above the county level shall, in accordance with the management authority stipulated in Article 3 of these Rules, determine the types and fishing standards of key protected fishery resources. In spawning grounds, feeding grounds, wintering grounds and migration routes of important fish, shrimp, crabs, shellfish, algae and other important aquatic organisms, no fishing areas and fishing seasons shall be specified, fishing gear fishing method shall be prohibited or restricted, and minimum mesh size and other measures for protecting fishery resources shall be formulated.

Twenty-second in the "motor fishing boat bottom trawl fishing zone line" outside the construction of artificial reefs, must be approved by the the State Council Municipal Department of fishery administration; The construction of artificial reefs on the inner side of the "no-fishing zone line for bottom trawling of motor boats" must be approved by the fishery administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or its authorized unit.

When building artificial reefs, the main channel and important anchorage should be avoided, and the relevant traffic and marine management departments should be notified.

Twenty-third fixed fishing grounds are generally not allowed to cross the county. The fishery administrative department of the people's government at or above the county level shall limit the number of net piles and workplaces and stipulate a fishing ban. Marine fixed fisheries shall not exceed the "no fishing zone line of bottom trawl of motor fishing boats".

Article 24 For aquaculture or other special needs, if the fry of aquatic animals with important economic value, such as eel, shad, Eriocheir sinensis, red snapper and grouper, or their parents whose spawning 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 obtain a special license, then fishing can be carried out within the designated area and time according to the approved limit. The fishing approval authority for other aquatic animal fry with important economic value shall be stipulated by the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 25 It is forbidden to catch Chinese prawn fry and parent prawns in spring. Due to the need of breeding, China shrimp brood brood brood brood brood brood by the breeding unit within a time limit, and the time limit and management measures shall be formulated by the fishery administrative department of the State Council.

Article 26 Any unit or individual that directly takes water or uses water in the key producing areas of fish, shrimp, crab and shellfish fry shall take protective measures such as avoiding the dense period of fry, dense areas or setting fences.

Twenty-seventh fishery administrative departments at all levels shall monitor the pollution of fishery waters; The fishery environmental protection monitoring network should be incorporated into the national environmental monitoring network. Fishery losses caused by pollution shall be investigated and handled by the fishery administration and fishing port supervision and management department in conjunction with the environmental protection department.

Twenty-eighth in key fishery waters shall not engage in ship breaking industry. Engaged in ship-breaking activities in other fishery waters, causing damage to fishery resources, the ship-breaking unit shall be responsible for compensation in accordance with the relevant provisions.

Chapter VI Punishment

Article 29 Where a fine is imposed in accordance with the provisions of Article 28 of the Fisheries Law, the following provisions shall apply:

(a) fried fish, poisonous fish, fishing in violation of the provisions of the closed fishing area, closed fishing period, unauthorized fishing of precious aquatic animals prohibited by state regulations, inland waters fined 50 yuan to 5000 yuan, marine fines of 500 yuan to 50000 yuan;

(two) knock (ancient) ship operation, a fine of one thousand yuan to fifty thousand yuan;

(three) unauthorized use of osprey fishing, a fine of fifty yuan to two hundred yuan;

(four) unauthorized use of electric fishing, a fine of two hundred yuan to one thousand yuan in inland waters, and a fine of five hundred yuan to three thousand yuan in the ocean;

(five) the use of nets smaller than the prescribed minimum mesh size for fishing, punishable by a fine of fifty yuan to one thousand yuan.

Thirtieth in accordance with the provisions of Article 29 of the Fisheries Law, a fine of less than 1,000 yuan shall be imposed.

Thirty-first in accordance with the provisions of the "Fisheries Law" thirtieth need to be fined, according to the following provisions:

(a) inland fishing non motorized fishing boats, a fine of fifty yuan to one hundred and fifty yuan;

(two) inland fishery motor boats and marine fishery non-motor boats, a fine of one hundred yuan to five hundred yuan;

(three) marine fishery motor fishing boats, a fine of two hundred yuan to twenty thousand yuan.

Article 32 In accordance with the provisions of Article 31 of the Fisheries Law, the following provisions shall apply:

(a) inland fishing non motorized fishing boats, a fine of twenty-five yuan to fifty yuan;

(two) inland fishery motor boats and marine fishery non-motor boats, a fine of fifty yuan to one hundred yuan;

(three) marine fishery motor fishing boats, a fine of fifty yuan to three thousand yuan;

(four) offshore fishing boats without authorization into the offshore fishing, a fine of three thousand yuan to twenty thousand yuan.

Article 33 Anyone who buys, sells, leases or illegally transfers or alters his fishing license by other means shall have his illegal income confiscated, his fishing license revoked, and may be fined between 100 yuan and/or 0/000 yuan.

Article 34 If a fine should be imposed according to the provisions of Articles 28, 30, 31 and 32 of the Fisheries Law, the captain or the person in charge of the unit may be fined 100 yuan but not more than 500 yuan according to the circumstances.

Article 35 Anyone who fails to take protective measures in accordance with the relevant provisions of the Fisheries Law and these Detailed Rules, resulting in losses of fishery resources, or who reclaims lakes and beaches without approval, shall bear the responsibilities according to law.

Thirty-sixth Chinese-foreign joint ventures and Chinese-foreign cooperative fishery enterprises that violate the provisions of Article 16 of these Detailed Rules shall confiscate their catches and illegal income, and may be fined from 3,000 yuan to 50,000 yuan.

Article 37 If foreigners or foreign fishing boats enter the waters under the jurisdiction of People's Republic of China (PRC) without authorization to engage in fishery production or fishery resources investigation in violation of the provisions of Article 8 of the Fisheries Law, the fishery administrative department or its subordinate fishery supervision and administration institution shall order them to leave or expel them, and may also impose a fine and confiscate their catches and fishing gear.

Thirty-eighth fishery administrative departments or their subordinate fishery superintendency agencies shall fill in and issue a punishment decision when imposing punishment; If a fine is imposed and the fishing gear, catch and illegal income are confiscated, a certificate shall be issued and indicated on the fishing license.

Thirty-ninth any of the following acts shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated by judicial organs:

(1) Refusing or obstructing fishery inspectors from performing their duties according to law;

(two) theft, looting or destruction of fishing gear, fishing boats and catches.

Fortieth fishery inspectors who neglect their duties or bending the law shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 41 The Ministry of Agriculture, Animal Husbandry and Fisheries shall be responsible for the interpretation of these Rules.

Article 42 These Rules shall come into force as of the date of promulgation.