Fisheries Law of the People's Republic of China (2013 Amendment)

Fisheries Law of the People's Republic of China (2013 Amendment) Fisheries Law of the People's Republic of China (Adopted at the 14th Meeting of the Standing Committee of the National People's Congress and promulgated by Order No. 34 of the President of the People's Republic of China on January 20, 1986;amended for the first time according to the Decision of the Standing Committee of the National People's Congress on the Amendment of the Fishery Law of the People's Republic of China at the Eighteenth Session of the Standing Committee of the Ninth National People's Congress on October 31, 2000;amended for the second time according to the Decision of the Standing Committee of the National People's Congress on the Amendment of the Fishery Law of the People's Republic of China at the Eleventh Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004;amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending Some Laws at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 and amended for the fourth time according to the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Marine Environment Protection Law of the People's Republic of China at the Sixth Session of the Standing Committee of the Twelfth National People's Congress on December 28, 2013) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II AQUACULTURE CHAPTER III FISHING CHAPTER IV INCREASE AND PROTECTION OF FISHERY RESOURCES CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1 This Law is formulated for the purpose of enhancing the protection, increase, development and reasonable utilization of fishery resources, developing artificial cultivation, protecting fishery workers' lawful rights and interests and boosting fishery production, so as to meet the requirements of socialist construction and the needs of the people. Article 2 All productive activities of fisheries, such as aquaculture and catching or harvesting of aquatic animals and plants in the inland waters, tidal flats and territorial waters of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, must be conducted in accordance with this Law. Article 3 In fishery production, the state shall adopt a policy that calls for simultaneous development of aquaculture, fishing and processing, with special emphasis on aquaculture and with priority given to different pursuits in accordance with local conditions. People's governments at various levels shall include fishery production in their economic development plans and take measures to enhance the overall planning and comprehensive utilization of water areas. Article 4 The state shall encourage research in fishery science and technology and popularization of advanced technology in order to raise the level of the country's fishery science and technology. Article 5 People's governments at various levels shall give moral encouragement or material awards to units and individuals who make outstanding contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery science and technology. Article 6 The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout the country. Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas. These departments shall be authorized to set up fishery superintendency agencies in important fishing areas and fishing ports. Departments of fishery administration under people's governments at or above the county level and their fishery superintendency agencies may appoint fishery inspectors who will carry out assignments that those departments and agencies entrust to them. Article 7 State superintendence of fisheries shall operate under the principle of unified leadership and decentralized administration. Marine fishery shall be under the superintendence of departments of fishery administration under the people's governments of provinces, autonomous regions and centrally-administered municipalities contiguous to the sea, with the exception of those sea areas and fishing grounds with specially designated fishery resources that the State Council has put under direct administration of its fishery department and subordinate fishery superintendency agencies. Fishery in rivers and lakes shall be subject to the superintendence of the departments of fishery administration under the relevant people's governments at or above the county level in accordance with administrative divisions. Fishery administration for water areas that straddle several administrative divisions shall be decided by the relevant people's governments at or above the county level through consultation or placed under departments of fishery administration of people's governments at the next higher level and their subordinate fishery superintendency agencies. Article 8 Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council before entering the territorial waters of the People's Republic of China to carry on fishery production or investigations of fishery resources, and must abide by this Law and other related laws and regulations of the People's Republic of China. If those persons and vessels belong to countries that have signed relevant accords or agreements with the People's Republic of China, their activities shall be conducted in accordance with those accords or agreements. State fishery administration and fishing port superintendency agencies shall exercise administrative and supervisory authority over external relations pertaining to fisheries and fishing ports. Article 9 Neither the department in charge of fishery administration as well as its institutions for the supervision and administration of fishery nor their staff shall participate or be engaged in the activities of fishery production and operation. CHAPTER II AQUACULTURE Article 10 The state shall encourage units under ownership by the whole people, units under collective ownership and individuals to make the best use of suitable water surfaces and tidal flats to develop aquaculture. Article 11 The State shall make united programming on utilization of water areas, and determine which water areas and beaches may be utilized for aquatic breeding industry. Where a unit or an individual uses a water area or beach with ownership by the whole people which is determined by the State programming to be used for aquatic breeding industry, the user shall apply to the department in charge of fishery administration of the local people's government at the county level or above for the aquatic breeding certificate which shall be checked and issued by the people's government at the same level. With this certificate, the user is permitted to be engaged in aquatic breeding production in the said water area or beach. Specific measures for the check and issuance of aquatic breeding certificates shall be stipulated by the State Council. Water areas and beaches with collective ownership or with ownership by the whole people but used by the agricultural collective business organization may be individually or collectively contracted for aquatic breeding production. Article 12 The local people's government at the county level or above shall gave precedence to the local fishery producers while checking and issuing aquatic breeding certificates. Article 13 In case any dispute arises between the parties due to the aquatic breeding production with a water area or beach determined by the State programming to be used for aquatic breeding industry, it shall be handled in accordance with the procedures stipulated in relevant laws. Before the dispute is settled, neither party shall destroy the aquatic breeding production. Article 14 Where a water area or beach with collective ownership is requisitioned for use for State construction, it shall be handled in accordance with the provisions relating to the requisition of land in the Law of the People's Republic of China on Administration of Land . Article 15 The local people's government at the county level or above shall take measures to strengthen its protection on the production bases of commercial fish and the key water areas for aquatic breeding in the suburban areas of the city. Article 16 The state encourages and supports the breeding, cultivation and popularization of good aqu......