Provisions of Qingdao Municipality on the Administration of Freshwater Fisheries

Article 1 In order to protect freshwater fishery resources, safeguard the legitimate rights and interests of fishery producers, promote the development of freshwater aquaculture, and meet the needs of urban and rural people's lives, these Provisions are formulated in accordance with the Fisheries Law of People's Republic of China (PRC) and its detailed rules for implementation and the Measures for the Implementation of the Fisheries Law of People's Republic of China (PRC) in Shandong Province, combined with the specific conditions of our city. Article 2 Anyone who engages in fishery production activities such as breeding and fishing aquatic animals and plants in the fresh water areas under the jurisdiction of this Municipality must abide by these Provisions. Article 3 The people's governments of counties (cities), districts and townships shall strengthen their leadership over freshwater fisheries, encourage and support units under ownership by the whole people, units under collective ownership, units under collective ownership and individual operators, and make full use of reservoirs, pits, ancient rivers and waterlogged depressions suitable for breeding to develop freshwater fisheries production. Fourth city and county (city), the District People's government and its fishery administrative departments in charge of freshwater fishery work within their respective jurisdictions. Its subordinate fishery superintendency agencies are responsible for the supervision and management of freshwater fisheries and fishery administration within their respective jurisdictions. Counties (cities) and districts without fishery agencies may set up dispatched agencies and fishery inspectors as needed. Large and medium-sized reservoirs may have fishery agencies or fishery inspectors stationed by county-level fishery agencies.

With the consent of the municipal fishery administrative department, fishery agencies and fishery inspectors established by water conservancy departments and units shall, under the guidance of fishery administrative departments at the same level and fishery supervision and management institutions, implement fishery supervision and management on the water surface managed by their own units and departments according to law. Article 5 The people's governments at or above the county level (including the county level, the same below) may, according to the prescribed authority, designate the water surface owned by the whole people that is planned to be used for aquaculture within their jurisdiction to units under ownership by the whole people and units under collective ownership to engage in aquaculture production, issue aquaculture use certificates and confirm the right to use it.

The right to use large and medium-sized reservoirs for aquaculture should first be determined to the reservoir management unit.

Water surfaces used by units under ownership by the whole people, water surfaces under ownership by the whole people and water surfaces under collective ownership can be contracted by collectives or individuals to engage in aquaculture production, or they can be jointly operated across industries and regions or introduce foreign capital.

The ownership, use right and contractual management right of water surface are protected by law. Article 6 All units and individuals that use more than 50 mu of water surface for aquaculture shall pay the fee for aquaculture resources.

The fee for breeding resources is determined according to the breed, area and region of breeding, and the standard fee is from 0.2 yuan to 1.5 yuan per mu per year.

Aquaculture resource fees shall be collected by the fishery administrative department at the county level and turned over to the finance at the same level for the protection and management of freshwater fishery resources and the development and utilization of fishery resources.

Newly developed aquaculture water surface may be exempted from aquaculture resource fees within three years with the approval of the fishery administrative department at the county level. Article 7 Any unit that uses the water surface owned by the whole people to engage in aquaculture production shall conduct production in accordance with the operating period and operating items specified in the aquaculture use certificate. Without justifiable reasons, the water surface has been idle and deserted for one year (if the stocking amount is lower than 60% of the average stocking amount of similar local aquaculture waters, it will be regarded as barren), and the fishery administrative department at the county level shall develop and utilize it within a time limit. If it is not developed and utilized within the time limit, the aquaculture use certificate may be revoked and allocated by the people's government at or above the county level.

The collection standard of barren fees is five yuan to fifty yuan per mu per year. The money collected shall be turned over to the county finance for the protection and management of fishery resources and the development and utilization of fishery resources.

If the collectively owned water surface is idle and barren, all units on the water surface may deal with it in accordance with the provisions of the preceding paragraph of this article or the contract. Article 8 The construction unit shall give economic compensation to the water surface owned by the whole people used for aquaculture in national construction. The compensation standard shall be implemented according to Article 12 of the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Shandong Province (hereinafter referred to as the Measures for the Implementation of the Land Administration Law). Its seedlings, structures and supporting facilities shall be compensated according to the provisions of Article 17 of the Measures for the Implementation of the Land Management Law.

National construction expropriation of collectively owned water surface that has been used for aquaculture shall be compensated with reference to the compensation standard for expropriation of cultivated land in Item 1 of Article 16 of the Implementation Measures of the Land Management Law, and compensation shall be given with reference to the provisions of Article 17 of the Implementation Measures of the Land Management Law if breeding seedlings and structures have supporting facilities.

Land units shall obtain the consent of the fishery administrative department at or above the county level before going through the formalities for land use. Article 9 Units and individuals shall make lawful use of aquatic animals and plants cultivated on the surface of the water, and implement the principle that whoever cultivates them shall collect them. No other unit or individual may occupy it. Breeding and production must be carried out in accordance with the provisions of the state on resource protection.

The collection and fishing of a large number of naturally growing aquatic animals and plants must be approved by the fishery administrative department at or above the county level and carried out in accordance with the prescribed time, area and collection and fishing norms. Article 10 All departments, units and individuals shall abide by the provisions of the state on environmental protection of fishery waters, and prohibit the discharge and dumping of sewage and dirt containing harmful substances exceeding the standard, cleaning toxic appliances and soaking toxic substances into fishery waters. Units and individuals that have lost fishery production due to environmental pollution in fishery waters shall compensate for economic losses and bear other relevant legal responsibilities. Eleventh reservoirs should maintain the minimum water level for the normal growth of fish. The lowest water level line shall be determined by the people's government at or above the county level in accordance with the management authority, and the lowest water level line shall not be less than 7% when improving the storage capacity. When water must be used below the lowest water level line, it must be approved by the organ that determines the lowest water level line; If losses are caused to fishery production, economic compensation shall be given.

When other fishery waters need water, they may refer to the provisions of the preceding paragraph.