Circular No. 53/2009/TT-BNNPTNT on management of alien aquatic species in Viet Nam

8 OFFICIAL GAZETTE Issue nos05-06/September 2009 (Gong BaG nos 435-436/September 7, 2009) THE MINISTRIES THE MtNISTRY OF AGRICULTUREAND RURAL DEVELOPMENT Circular No. 53/2009fIT·BNNPTNT of August 21, 2009, on managementofalien aquatic species in Vietnam Pursuant to the 2003 Fisheries Law; Pursuant to the 2008 Biodiversity Law; Pursuant to the Government's Decree No. 011 2008lND·CP of January 3, 2008, defining the functions, tasks, powers and organizational structureofthe MinistryofAgricultureand Rural Development; Pursuant to the Government's Decree No. 59/ 2005/ND-CP ofMay 4, 2005, on production and business conditions for a number of fisheries trades, and the Government's Decree No. 14/ 2009/ND-CP of February 13, 2009, amending and supplementing a number ofarticles ofDecree No. 5912005IND·CP; The Ministry of Agriculture and Rural Development promulgates the circular on management ofalien aquatic species in Vietnam as/allows: Chapter 1 GENERALPROVISIONS Article 1. Scope of regulation and subjects of application 1. Scope of regulation This Circular prescribes the management of aquatic species which are intentionally or unintentionally introduced into the Vietnamese territory, have spread in the natural environment or are being raised in a controlled environment (below referred to as alien aquatic organisms). 2. Subjects of application This Circular applies to domestic and foreign organizations and individuals engaged in the management of alien aquatic organisms in Vietnam. Article 2. Interpretation of terms In this Circular, the terms below are construed © VIETNAM LAW &LEGAL FORUM Issue nos05-06/September 2009 (Gong BaG nos 435-436/September 7, 2(09) OFFICIAL GAZETTE t as follows: 1. Alien aquatic organism means an aquatic species introduced from abroad into the Vietnamese territory. 2. Harmful alien aquatic organism means all alien aquatic species that encroaches upon the habitat of, or harms, indigenous species, causing an ecological imbalance in places where it appears and grows. 3. Likely harmful alien aquatic organism means an alien aquatic species that threatens to encroach upon the habitat of, or harm, indigenous species, causing an ecological imbalance in places where it appears and grows. 4. Preservation means bringing alien aquatic organisms to a particular place for care and raising. 5. Local fisheries management agency means a provincial Sub-Department of Aquatic Resource Exploitation and Protection or Aquaculture Sub-Department (for a province which does not have the Sub-Department of Aquatic Resource Exploitation and Protection) or a provincial-level Fisheries Sub-Department (fur a province ur city which has none of the above two sub-departments). 6. Owner of alien aquatic organisms means an organization or individual that has the rights to own, use and dispose of alien aquatic organisms (below referred to as owner). Chapter II MANAGEMENT OF ALIEN AQUATIC ORGANISMS Article 3, Survey and listing of alien aquatic organisms 1.Local fisheries management agencies shall conduct surveys and make lists of alien aquatic organisms in their localities and report them to provincial-level Agriculture and Rural Development Departments for further submission to provincial-level People's Committees and the Ministry of Agriculture and Rural Development. 2. The Aquatic Resource Exploitation and Protection Department shall assume, the prime responsibility for, and coordinate with local fisheries management agencies and concerned agencies: in, surveying and deterrrdning the severity ofharms of alien aquatic organisms; and propose the Ministry of Agriculture-and Rural Development to promulgate lists of harmless, likely harmful and harmful alien aquatic organisms. Article 4. Receipt of alien aquatic organisms 1. Owners shall noti fy local Fisheries management agencies of their alien aquatic organisms which they no longer wish so own and hand over them to the latter. 2. Within 5 working days after receiving an owner's notice, a local fisheries management agency shall complete procedures iP transfer alien aquatic organisms to units in the province or report such to the Aquatic Resource Exploitation and Protection Depadment for designation of a unit to receive them when a receiving unit is unavailable in the province. 3. Units to receive alien aquatic organisms include provincial fisheries centers eligible for preservation, national aquatic breed centers under Aquaculture Research Institutes I, II and III and the Fisheries Research Institute or eligible establishments as decided by local fisheries © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue nos O5-OO/September 2009 (Gong Bao nos 435-436/September 7, 2009) management agencies. Article 5. Handling of dead or disea sed alien aquatic organisms 1. Responsibilities of owners: Within 1 (one) day after an alien aquatic organism dies abnormally or contracts a diseaseas determined by the person in charge uf animal health ill a locality, the owner shall report suchto the local fisheries management agency by the fastest means or communication. 2. Responsibilities of local fisheries management agencies: aJ10 coordinate, after receiving an owner's notice, with a local animal health agency in conducting on-the-spot examination, making a written record andidentifying causes to thedeath or diseasesof alien aquatic organisms; blTodispose ofdeadordiseased alienaquatic organisms under the guidance of Animal Health Sub-Department. Owners shall pay disposal expenses. c/ To report to provincial-level Agriculture and Rural Development Departments and concerned agencies and concurrently to the MinistryofAgriculture and Rural Development (the Aquatic Resource Exploitation and Protection Department) on the disposal of dead or diseased alien aquatic organisms. Article 6. Management of harmless alien aquatic organisms l. Uwners shallprovideinformation on their alien aquatic organisms when so requested by local fisheries management agencies. 2. Owners shall report to local fisheries management agencies on arising ownership of alien aquatic organisms in any farms (donation, grant or natural immigration). Chapter /II MANAGEMENT OF LIKELY HARMFUL ALIENAQUATIC ORGANISMS Article 7. Responsibilities of owners for management of likely harmful alien aquatic organisms 1.Toregisterpreservation underArticle8 of this Circular. 2. To provide information on their likely harmful alien aquatic organisms when so requested by local fisheries management agencies and promptly report on abnormal signs of likely harmful alienaquatic organisms to local fisheries management agencies. 3.Tomakedossiers ondevelopments of likely harmful alien aquatic organisms under their ownership and management. 4. To submit regular, irregular and annual reports under regulations to local fisheries management agencies. Such reports must cover alienaquatic organisms' practical developments and impacts on biodiversity and indigenous species (reproduction, growth, foodcompetition, attack on indigenous species, diseases, deathand other incidents). 5. To be subject to the supervision by competent state management agencies. 6. To be prohibited from releasing likely harmful alien aquatic organisms into the natural environment and reserves at their own will and to be held responsible before law for this act. © VIETNAM LAW & LEGAL FORUM Issue nos 05-06/September 2009 OFFICIAL GAZETTE (Gong Beonos 435-436/September 7, 2009) 11 Article 8. Proceduresto registerpreservation of alien aquatic organisms I. A preservation registration dossier comprises: aI An application for preservation (made according to the form providedinAppendix I to this Circular, nat printed herein); b! A description of the raising technological process,solutionson zoningoff formanagement and the protection system to prevent from spread to the natural aquatic environment. 2. Order of granting certificates of alien aquatic organism preservation: at Competence to grant certificates of alien aquatic organism preservation: Local fisheries management agencies shall receive preservation registration dossiers under Clause 1, Article 8 of this Circular and grant certificates ofalienaquatic organism preservation to owners after getting an evaluation council's conclusions and recommendations for the grant of such certificates, b!Settingup ofevaluation councils: Thelocal fisheries management agency reeei ving preservation registration dossiersof ownersshall set up an evaluationcouncil. An evaluation council is composed of the chairperson beingtherepresentative ofa fisheries management agency and members being representatives of a provincial-level Animal Health Sub-Department, Natural Resources and En vironment Depanmenr and Fisheries Inspectorate and a relevantaquaticbreedagency (provincial-level or national aquatic breed center). An evaluation council is tasked to examine preservation registration dossiers of owners; examine preservation establishments; make evaluation written records; andproposethegrant of preservation certificates to eligible owners under this Circular. c! Evaluation duration: Within 10 working days after receiving a complete dossier under Clause I of this Article, an evaluation council shall complete the evaluation written record. d! Time limit for granting preservation certificates to owners: Within 5 working days after completingan evaluation written record, a local fisheries management agency shall grant a free preservarion certificate to (he owner (made accordingto the formprovidedin Appendix 2 to this Circular, not printed herein). In case of refusal, it shallissuea written replyclearlystating the reason. Article 9. Responsibilities of specialized fisheries management agencies 1. Zoning off for management atLocal fisheries management agenciesshall zone off for management, control and collect information on, likely harmful alien aquatic organisms preserved in their localities. They shall coordinate with competent and concerned agencies in surveying and evaluatirjq risks for harms to biodiversity In their Iocatlties and proposing appropriate prevention and management methods. bl Based on proposals of local fisheries management agencies, the Aquatic Resource Exploitation and Protection Department shall coordinate with concerned scientific agencies in surveying, studying and determining impacts of likely harmful alien aquatic organisms on biodiversity and aquatic resources and propose management solutions to the Ministry of © VIETNAM LAW s LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos05-06JSeptember 2009 (Gong Baonos 435-436/September 7, 20(9) Agriculture and Rural Development. 2. Those on the list of likely harmful alien aquatic organisms shall be registered for preservation under Article8 of this Circular. ChaplerlV MANACiEMENTOF HARMFULALIEN AQUATIC SPECIES AJ:tick 10. Isolation and extermination of spead oHrarmful alien aquatic organisms To app.W measures to isolate and kill those OIl the Iit.k of harmful alien aquatic organisms and likely harmful alien aquatic organisms when there are grounds to believe thatthey are harmful. Article 11. Responsibilities of management agencies. 1. Local fisheries management agencies shall survey and collection information on harmful alien aqlr.ltic organisms and report them to competent agencies. Provincial-level People's Cmamirtus shall assume the prime respcnsibiUty for, and coordinate with concerned ngcndes in, surveying and locating illCaS of distribution, elaborating isolation plans and deciding on the extermination of harmful alien aquaIic otg3Disms in their localities. 2. The Ministry of Agriculture and Rural Development: To provide the list of harmful alien aquatic organisms for customs offices and competent agencies at border gates to prevent the introduction of alien aquatic organisms into VIetnam. To decide on solutions to isolate and kill IwrofuJ alien aquatic organisms that spread in two or more provinces. Article 12. Responsibilities of organizations and individuals Organizations and individuals that detect harmful alien aquatic organisms shall promptly notify such to grassroots administrations of the nearest locality. After receiving such notice, grassroots administrations shall promptly report it to their immediate superiors or local fisheries management agencies for control and handling. Chapter V ORGANIZATION OF IMPLEMENTATION Article 13. Responsibilities of state management agencies 1. The Aquatic Resource Exploitation and Protection Department: aJ To examine, supervise, guide and direct localities in implementing this Circular. hi To review and report on the management of alien aquatic organisms nationwide to the Ministry of Agriculture and Rural Development. 2. Local fisheries management agencies: aJTo monitor and control the spread of alien aquatic organisms on an annual basis, especially harmful ones in their localities. To make and submit general reports to provincial-level Agriculture and Rural Development Departments and the Aquatic Resource Exploitation and Protection Department before December 31 every year. hi To coordinate with concerned agencies in propagating harmful alien aquatic organisms and methods to zone off for management, isolate and kill Litem. (C) VIETNAM LAW & LEGALFORUM Issue nos 05-o6/5eptember 2009 OFFICIAL GAZETTE (Gong Bea nos 435-436/September 7, 2(09) 13 3. Responsibility of customs offices and competent agencies at border gates: To provide information 011 alien aquatic organisms introduced into Vietnam when so requested by specialized fisheries management agencies. Article 14. Funds for management of alien aquatic organisms 1. Funds for management of alien aquatic organisms shall be allocated from budget for non-business environmental activities (under December29. 2006Joint CircularNo. 11412006/ TTLT-BTC-TNMT of the Ministry of Finance and the Ministry of Natural Resources and Environment, guiding the management of funds for non-business environmental activities). The Ministry of Agriculture and Rural Developmentshall allocatefundsfor theAquatic Resource Exploitation and Protection Department to examine, supervise, direct and guide the management of alien aquatic organisms; and reserve funds to assess impacts on biodiversity and aquatic resourcesand isolate and kill harmful alien aquatic organisms spreading in theaquaticenvironment nationwide. Provincial-level People's Committees shall allocate funds for activities to manage alien aquatic organisms in their localities. 2. Units that receive alien aquaticorganisms transferred from their owners to state management agencies shall pay expenses for transporting and preserving these organisms. 3. Domestic and foreign organizations and individuals engaged in the management of alien aquatic organisms are encouraged to provide financial and technical assistance. Article 15. Organization of implementation This Circulartakeseffecton October 1,2009. Provi ncial-Ievel Agriculture and Rural Development Departments andorganizations and individuals shall promptly report on any problems or difficulties arising in the implementation of this Circular to the Ministry of Agriculture and Rural Development for consideration and decision For the Minister o] Agriculture and Rural Devr4TJpment Deputy Minister VUVANTAM © VIETNAM LAW & LEGAL FORUM