Detailed Rules for the Implementation of the Fisheries Law of the People's Republic of China (2020 Second Revision)

Detailed Rules for the Implementation of the Fisheries Law of the People's Republic of China (2020 Second Revision)

(Approved by the State Council on October 14, 1987, issued by the Ministry of Agriculture, Husbandry and Fishery on October, 20, 1987, and revised for the first time according to the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 27, 2020 and for the second time according to the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on November 29, 2020)

Chapter I General Provisions

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

Article 2 For the purposes of the Fisheries Law and these Detailed Rules, the following terms shall be defined as follows:

1. “internal waters of the People's Republic of China” means the seas located on the landward side of the baseline from the territorial sea of the People's Republic of China, as well as rivers, lakes and other inland waters.

2. “all other seas under the jurisdiction of the People's Republic of China” means the seas under the jurisdiction of the People's Republic of China in accordance with the laws of the People's Republic of China and the international treaties, agreements or other relevant international laws concluded or acceded to by the People's Republic of China.

3. “fishery waters” means the spawning farms, feeding farms, wintering farms, and migratory passages of fish, shrimps, crabs, and shellfish as well as the aquatic farms for fish, shrimps, crabs, shellfish, algae and other aquatic plants and animals on the waters under the jurisdiction of the People's Republic of China.

Chapter II Fishery Supervision and Administration

Article 3 Fishery supervision and administration shall be subject to unified leadership and graded administration by the state.

Fishing activities on waters outside “the line of closed fishing areas for bottom trawl fishing by motorized fishing vessels” as delineated by the State Council that are under the jurisdiction of the People's Republic of China shall be supervised and administered by the fishery administrative department of the State Council; and fishing activities on waters inside “the line of closed fishing areas for bottom trawl fishing by motorized fishing vessels” as delineated by the State Council shall be supervised and administered by the fishery administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government adjacent to the seas, unless it is otherwise provided for by the state.

Fishing activities on inland waters shall be supervised and administered by the fishery administrative departments of local people's governments at or above the county level according to administrative divisions. With respect to fishing on inland waters across administrative regions, the relevant local people's governments at or above the county level through consultations shall formulate the administrative measures through consultation, or the fishery administrative department of the people's government at the next higher level and their subordinate supervisory institutions of fishery administration shall take charge of the supervision and administration thereof. Fishing in large rivers across different provinces, autonomous regions, and municipalities directly under the Central Government may be supervised and administrated by the fishery administrative department of the State Council.

Important and migratory shared fishery resources shall be administered by the state in a unified manner and settled and small fishery resources shall be administered by the fishery administrative departments of the local people's governments.

Article 4 The scope of supervision and administration of fishery on waters inside “the line of closed fishing areas for bottom trawl fishing by motorized fishing vessels” shall be delineated by the fishery administrative departments of relevant provinces, autonomous regions and municipalities directly under the Central Government; if it is difficult to delimit the scope of supervision and administration, related areas may be divided into overlapping areas or co-administered areas for purposes of administration, and, where necessary, the fishery administrative department of the State Council may make a decision to determine the relevant scope.

Article 5 Production in fishing farms and during fishing seasons shall be subject to overall arrangements based on the allowable catches of fishery resources and under the principles of being conducive to the protection, proliferation and rational use of fishery resources and giving priority to the arrangement for adjacent areas with due regard to other areas.

Fishing operations in major fishing farms, during fishing seasons, and along management lines across different sea areas, such as during the fishing season of overwintering hairtail in the fishing farms of the Zhoushan Islands, the fishing season of large yellow croaker in the fishing farms of Zhejiang Province, the fishing season of large yellow croakers in the fishing farms of East Fujian and Inland Fujian, the fishing seasons of large yellow croakers, small yellow croakers, and pomfret in Lvsi fishing farms, and the fishing season of prawns in autumn in the Bohai Sea shall be arranged by the fishery administrative department of the State Council or its authorized entities.

Article 6 The regulatory agencies of fishery administration and fishing ports under the fishery administrative department of the State Council shall exercise the power to supervise and administer fishery administration and fishing ports on behalf of the state.

The fishery administrative department of the State Council shall establish the regulatory agencies of fishery administration in three sea areas, including the Yellow Sea and Bohai Sea, the East China Sea and the South China Sea; and shall establish regulatory agencies of fishery administration and fishing ports at important fishing ports, for border waters, and along large rivers across different provinces, autonomous regions, and municipalities directly under the Central Government, as is needed.

Article 7 Fishery inspectors have the authority to check the various fishing and fishing vessel certificates, fishing vessels, fishing gears, catches and fishing methods.

Fishery inspectors shall be assessed by the fishery administrative department of the State Council or the fishery administrative departments of the provincial people's governments, and only those who are qualified may perform their official duties.

Article 8 The fishery administrative department and its subordinate regulatory agencies of fishery administration shall cooperate with the public security authorities, maritime surveillance forces, transport departments, environmental protection departments, administrations for industry and commerce, and other relevant d......