Current location - Health Preservation Learning Network - Health preserving recipes - People's Republic of China (PRC) Fisheries Law
People's Republic of China (PRC) Fisheries Law
Chapter I General Provisions Article 1 This Law is formulated in order to strengthen the protection, proliferation, development and rational utilization of fishery resources, develop artificial farming, safeguard the legitimate rights and interests of fishery producers, promote the development of fishery production and meet the needs of socialist construction and people's life. Article 2 Anyone who engages in fishery production activities such as breeding and fishing aquatic animals and plants in People's Republic of China (PRC)'s internal waters, beaches, territorial waters and all other sea areas under the jurisdiction of People's Republic of China (PRC) must abide by this Law. Article 3 The State adopts the policy of giving priority to aquaculture, paying equal attention to aquaculture, fishing and processing, adapting to local conditions and focusing on each other.

People's governments at all levels shall incorporate fishery production into the national economic development plan and take measures to strengthen the unified planning and comprehensive utilization of water areas. Article 4 The State encourages research on fishery science and technology, popularizes advanced technology and improves the level of fishery science and technology. Fifth units and individuals that have made outstanding achievements in the proliferation and protection of fishery resources, the development of fishery production, and the research of fishery science and technology shall be given spiritual or material rewards by the people's governments at all levels. Article 6 The fishery administrative department of the State Council shall be in charge of the national fishery work. The fishery administrative departments of local people's governments at or above the county level shall be in charge of fishery work within their respective administrative areas. The fishery administrative department of the people's government at or above the county level may set up fishery supervision and administration institutions in important fishery waters and fishing ports.

The fishery administrative department of the people's government at or above the county level and its subordinate fishery superintendency agencies may set up fishery inspectors. Fishery inspectors perform tasks assigned by the fishery administrative department and its subordinate fishery supervision and administration institutions. Article 7 The State exercises unified leadership and hierarchical management over fishery supervision and management.

Marine fisheries 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, except for the sea areas designated by the fishery administrative departments of the State Council and the fishery superintendency agencies to which they belong and the fishing grounds with specific fishery resources.

Fisheries in rivers, lakes and other waters shall be supervised and managed by the fishery administrative department of the people's government at or above the county level according to administrative divisions; Cross-administrative areas, the relevant local people's governments at or above the county level shall formulate management measures through consultation, or be supervised and managed by the fishery administrative department of the people's government at the next higher level and its subordinate fishery supervision and administration institutions. Article 8 Foreigners and foreign fishing boats entering the waters under the jurisdiction of People's Republic of China (PRC) to engage in fishery production or investigation of fishery resources must obtain the approval of the relevant competent authorities in the State Council, and abide by this Law and other relevant laws and regulations in People's Republic of China (PRC); If there is a treaty or agreement with People's Republic of China (PRC), it shall be handled in accordance with the treaty or agreement.

The state fishery administration and fishing port supervision and management institutions exercise the power of fishery administration and fishing port supervision and management. Chapter II Aquaculture Article 9 The State encourages units under ownership by the whole people, units under collective ownership and individuals to make full use of water surfaces and beaches suitable for aquaculture and develop aquaculture. Article 10 Local people's governments at or above the county level may, in accordance with the unified arrangements of the state for the utilization of water areas, allocate water surfaces and beaches owned by the whole people for aquaculture to units under ownership by the whole people and units under collective ownership for aquaculture production, issue aquaculture use certificates and confirm the right to use them.

Water surfaces and beaches used by units under ownership by the whole people, collectively owned water surfaces and beaches and water surfaces and beaches owned by the whole people used by units under collective ownership may be contracted by collectives or individuals to engage in aquaculture production.

The ownership and use right of water surface and beach are protected by law, and no unit or individual may infringe upon them. Eleventh water surfaces and beaches owned by the whole people are used for aquaculture production, and if they are deserted for one year without justifiable reasons, the organ that issued the aquaculture license shall order them to be developed and utilized within a time limit; If it is not developed and utilized within the time limit, the aquaculture use certificate may be revoked. Twelfth disputes between units under ownership by the whole people, between units under collective ownership and between units under ownership by the whole people and units under collective ownership shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the local people's government at or above the county level. If a party refuses to accept the decision of the relevant people's government, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.

Before the dispute over the ownership and use right of water surface and tidal flat is resolved, no party may destroy aquaculture production. Thirteenth national construction expropriation of collectively owned water surfaces and beaches shall be handled in accordance with the Regulations on Land Expropriation for National Construction.

If the water surface and tidal flat owned by the whole people are used for national construction and are determined to be used by units owned by the whole people or collectively for aquaculture, the construction unit shall give appropriate compensation. Chapter III Fisheries Article 14 The State encourages and supports the development of offshore and offshore fishing, and rationally arranges inland and offshore fishing forces. Fifteenth engaged in offshore and offshore fishing, must be approved by the administrative department of fisheries in the State Council, the state gives support or preferential treatment in terms of funds, materials, technology and taxation. Article 16 Anyone who engages in inland waters and inshore fishing must apply to the fishery administrative department for a fishing license. Fishing licenses for large-scale marine trawling and purse seining operations shall be approved and issued by the fishery administrative department of the State Council. Fishing licenses for other operations shall be approved and issued by the fishery administrative department of the local people's government at or above the county level. However, the fishing licenses approved for marine operations shall not exceed the control targets of fishing nets and tools issued by the state, and the specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Fishing licenses shall not be sold, leased or illegally transferred in other forms, and shall not be altered.