Regulations for the Implementation of the Fisheries Law of the People's Republic of China

REGULATIONS }'OR THE IMPLEMENTATION OF THE FISHERIES LAW OF THE PEOPLE'S REPUBLIC OF CHINA Adopted by the State Council on October 14, 1987, and promulgated by the Ministry of Agriculture, Animal Husbandry and Fisheries on October 20, 1987 Chapter I General Provisions Article 1 These regulations are formulated in accordance·· with Article 34 of the Fisheries Law of the People's Re public of China (hereinafter referred to as the Fisher ies Law.) Article 2 The terms used in the Fisheries Law and these reg ulations are explained as follows: (1) The "inland water of the People's Republic of China" means the sea areas and the inland waters such as rivers and lakes inside the territorial sea baseline. (2) "Other sea areas under the jurisdiction of the People's Republic of China" cover the sea areas under the jurisdiction of the People's Republic of China in accordance with its laws and the international treaties, agreements or other related international laws which it has concluded or to which it is a party. (3) "Fishery waters" mean the spawning, feeding and overwintering grounds and the migration passages • 55 • of fish, shrimp, crab and shellfish as well as the aquacul ture grounds of fish, shrimp, crab, shellfish, algae and other aquatic animals and plants in the water areas under the jurisdiction of the People's Republic of China. Chapter II Fishery Superintendence Article 3 State superintendence of fisheries shall operate un der the principle of unified leadership and decentralized administration. The fisheries in the sea areas which are under the jurisdiction of the People's Republic of China but lie outside "the line of the State Council-designated areas where bottom trawl by motor-driven fishing vessels is banned" shall be under the superintendence of the de partment of fishery administration under the State Coun cil and its subordinate marine fishery superintendence agencies. The fisheries in the sea areas inside the line shall be subject to the superintendence of the depart ments of fishery administration under the people's gov ernments of provinces, autonomous regions and • $6. centrally administ.ered municipalities contiguous to the sea areas, with the exception of those areas specially designated by the State. Fisheries in inland waters shall be subject to the super intendence of the departments of fishery admin istration under the local people's governments at or above the county level according to administrative di visions; The superintendence of fisheries in inland wa ters that straddle several administrative divisions shall be decided by the relevant people's governments at or above the county level through ·consultation or exer cised by the departments of fishery administration of the people's governments at the next higher level and their subordinate fishery superintendence agencies. Fish eries in big rivers that run through several provinces, autonomous regions and centrally administered mu nicipalities shall be under the superintendence of the departments of fishery administration under the State Council. The common important and migratory fishery re• sources shall be placed under the unified superintend ence of the State; the small and non-migratory fishery resources shall be subject to the superintendence of the departments of fishery administration under the local people's governments. • 57 • Article 4 ·· The scope of superintendence of fisheries in the sea areas inside "the line of the areas where bottom trawl by motor-driven fishing vessels is banned" shall be de termined by the departments of fishery administration under the people's governments of provinces, autono mous regions and centrally administered municipali ties through consultation. If such scope · is difficult to be determined, the fisheries in these areas may be placed under over lapping or joint superintendence, and when necessary, be decided by the department offishery admin~ istration under the State Council. Article 5 Production in fishing grounds and seasons shall be subject to the overall arrangement in accordance : with the catch quotas of fishery resources and the prindple that such operations are conducive to the pro tection, increase and rational utilization of fishery resources and that priority is given to adjacent · regions while due considerations are given to other regions. The department of fishery administration under the State Council or the units entrusted by it shall arrange the fishing operations in major fishing grounds and seasons and across the demarcation lines of different marme superintendences. The major fishing seasons • 58 • and grounds inemde the winter hairtail season in Zhou shan fishing ground, the Pseudosciaena crocea season in Zhejiang fishing ground and in the fishing grounds of east and central Fujian province, the P. crocea, P. polyactis and pomfret seasons in Lusi fishing ground and ·the autumn prawn season in Bohai fishing ground. Article 6 The fishery administration and fishing port super intendence agencies under the department of fishery administration under the State Council shall exercise the superintendence over fisheries and fishing ports on behalf of the State. The department of fishery administration under the State Council shall set up fishery superintendence agencies in three sea areas of Y ellow-Bohai Seas, East China Sea and South China Sea. When necessary, it shall also establish fishery administration and fishing port superintendence agencies in major fishing ports, frontier waters and big rivers that run through several provinces, autonomous regions and centrally adminis tered municipalities. Article 7 Fishery inspectors are authorized to examine the certificates and licenses of all fisheries and fishery ves sels, and to inspect fishing vessels, fish gears, catches and ' ~9 ' fishing methods. Fishery inspectors may perform their duties only when they are qualified in the technical proficiency check ing conducted by the department of fishery adminis tration under the State Council or the "departments of fishery administration under the provincial people's gov ernments. Article 8 The departments of fishery administration and their subordinate fishery superintendence agencies shall su pervise and check the implementation of the Fisheries Law and these Regulations in coordination with the de partments of public security, sea surveillance, communi cation~ environmental protection and industrial and com mercial administration. Article 9 Mass organizations for fishery protection and ad ministration shall carry out fishery protection and admin istration under the professional guidance of the depart ments of fishery administration under the local peo ple's governments at or above the county level. Article 10 Chapter III Aquaculture State and collectively-owned units engaged in aquaculture using state-owned water surfaces and tidal flats must apply to the people's governments at or above the county level for licenses. The licenses for · using state-owned water surfaces and tidal flats for aquaculture within the administrative .division of a county shall be examined and granted by the people's government of that county. The licenses for using state-owned water surfaces and tidal flats which straddle several counties shall be examined and granted by the counties concerned through consultation, and when necessary, the licenses shall be examined and granted by the people's government at the next higher level. Article 11 If the units which have obtained the aquaculture licenses using state-owned water surfaces and tidal flats fail to carry ·out aquaculture without any proper reason , 61 • c r their stocking quantity is below 60 percent of the average stocking quantity in the water areas of the same standard in that locality, they shall be regarded as having neglected the use of such water surfaces and tidal flats. Article 12 The natural spawning, breeding and feeding grounds of fish, shrimp, crab, shellfish and algae in state-owned water surfaces and tidal flats as well as their major mi gration passages must be protected and shall not be used as aquaculture grounds. Article 13 Requisition of the collectively-owned water sur faces and tidal flats for state construction shall be handled in accordance with the Land Administration Regula tions of the State. Article 14 Chapter IV Fishing The classification of inshore · and offshore fishing grounds: 1. Bohai Sea and Yellow Sea are inshore · fishing ·, 62 • grounds. :2. · The sea areas inside the lines connecting the fol lowing four base points are inshore fishing grounds of East ·China Sea and the sea areas outside the lines are ·offshore fishing grounds of East · China Sea. The four base points are : · · -(1') 33 degrees north latitude and 125 degrees east longitude; (2) 29 degrees north latitude and 125 degrees east longitude; (3) 28 degrees north latitude and 124.5 degrees east longitude; (4) 27 degrees north latitude and 123 degrees east 'longitude. 3. The sea areas inside the following two bathymet tic lines are inshore fishing grounds of South China Sea; the sea areas outside these lines are offshore fishing grounds of South China Sea. The two bathymetric lines are: (1) The 80-meter bathymetric line east of 112 de grees east longitude; (2) The 100-meter bathymetric line west of 112 degrees east longitude. Article 15 Under state regulations, fishing licenses must be ob • 63 • tained for fishing operations. Any units or individual that wants to engage in offshore or deep-sea fishing must apply for first and after their applications have been examined by the depart ments of fishery administration under the people's govern ments of provinces, autonomous regions and central ly administered municipalities and approved by -the de partment of fishery administration under the State Coun cil. Fishing vessels engaged in offshore· fishery must operate within the approved sea areas and fishing sea~ sons and are not allowed · to fish in inshore waters. Licenses for using large trawls and :purse seines jn inshore fishing shall be approved and granted by the department of fishery administration under the . State .Council. Fishing licenses for other fishing operations in inshore waters shall be approved and granted by the departments of fishery administration under · the peo ple's governments of provinces, autonomous regions and centrally administered municipalities in accordance with the state-stipulated standards of fishing vessels, gears and nets. Fishing licenses in inland waters shall be approved and granted by the departments of fishery administra tion under the people's government at or above the county level. , 64 • .. The . forms of fishing licenses shall be worked out . by. the 4epartment .of fishery administration under the State Council. Article 16 . No- joint fishery ventures shall engage in inshore :ffohing under the water of jurisdiction of the People's Republic of China without the permission of relevant departments in charge under the State Council. Article 17 No fishing licenses shall be granted to those who: 1. Employ fishing gears or fishing methods that cause damage to fishery resources and are banned by formal decrees; 2. Build, rebuild, buy or import fishing vessels with o-:1t obtaining · permission in accordance with state regulations; 3. Fail to obtain fishery vessel's books, navigation sign~tory books, officer's certificates, ship household registers and fisherman's certificates. Article 18 Sports fishing and manual collecting of small amounts of aquatic products in uncultivated and unmanaged tidal flats are not required to applyforfishing licenses, but administration shall be strengthened on such activities to prevent damage to fishery resources. • 65 • Concrete administrative measures shall be worked out by the people's governments at or above the county leveL Article 19 Fishing in prohibited fishing areas and closed sea sons, using banned fishing gears and fishing methods, or catching the species of fishery resources under special protection for scientific research and other special pur poses must be approved by the departments of fishery administration under the people's governments at or above the provincial level. Chapter V Increase and Protection of Fishery Resources Article 20 Electrical fishing, cormorant fishing and Qiaogu fishing are prohibited. If electrical and cormorant fishing in specially designated water areas are really ne cessary, they must be approved by the departments of fishery administration under the people's governments of provinces, autonomous regions and centrally admin istered municipalities. Article 21 The departments of fishery administration under • 66 • the people's governments at or above the county level shall, in accordance with the terms of reference pre scribed in Article 3 of these Regulations, designate the species of fishery resources under special protection and establish the standards for catching these species. For spawning, feeding and overwintering grounds and mi gration passages of important species fish, shrimp, crab, shellfish, algae and other aquatic animals and plants, these departments shall designate prohibited fishing areas and closed seasons, banned or restricted fishing gears and methods and minimum mesh-sizes, and shall work out other measures to protect fishery resources. Article 22 Building artificial fish reefs outside "the line of the areas where bottom trawling by motor-driven fishing vessels is banned" must be approved by the department of fishery administration under the State Council; Build ing artificial fish reefs inside the line must be approved by the departments of fishery administration under the people's governments of relevant provinces, autono mous· regions and centrally administered municipalities or the units authorized by them. Artificial fish reefs must be built in places away from the main navigation channels and important an chorages and the relevant departments of commumca • 67 • tion and marine administration must be notified. · Article 23 Under normal circumstances, bottom-set fishing shall not be carried out across different counties. The departments of fishery administration under the people's governments at or above the county level shall prescribe limits to the number of net stakes and the operational grounds, and designate closed seasons for such fishing operations. Bottom-set marine fishing shall not be car ried out beyond "the line of the areas where bottom trawling by motor-driven fishing vessels is banned". Article 24 Catching the fry of aquatic animals· of important economic value such as Eel, Hilsa harring, Mitten crab, Porgy and Epinephelus or the spawning aquatic animals for aquaculture .or other special purposes must be ap proved by the department of fishery administration under the State Council or the people's governments of pro vinces, autonomous regions and centrally administered municipalities. At the same time, special permits must be obtained before such catching is carried out in the designated areas and time and strictly in accordance with the assigned quotas. The authorization of catch ing the fry of other aquatic animals of important econom ic value shall be decided by the ·departments of fishery • 68 • administration under the people's governments of pro vinces, autonomous regions and centrally administered municipalities. Article 25 Catching the fry and the spring parent prawns of Penaeus orienlalis is prohibited. If the breeding parent prawns are needed for cultivation, they must be bred by the breeding units within a time limit. The time limit and administrative methods shall be worked out by the department of fishery administration under the State Council. Article 26 Any units or individuals who directly channel and use water in key producing areas of the fry ·of· fish, shrimp9 crab and shellfish must take protective measures such. as avoiding the dense schooling periods and areas of such fry or erecting net screens. Article 27 The departments of fishery administration at vari ous levels shall monitor the pollution of fishery waters; the monitoring network of fishery environmental protec tion shall be incorporated with the national environ mental monitoring network. The fishery administra tion and fishing port superintendence agencies shall, in collal,oration with the departments of environmental • 69 • protection, investigate and handle any :fishery losses arising from pollution. Article 28 Ship breaking is prohibited in key fishery waters. The units which carry out ship breaking in other fishery waters and cause losses in fishery resources shall be re sponsible for compensating such losses in accordance with relevant regulations. Article 29 Chapter VI Penalty Fines to be imposed in accordance with Article f8 of the Fisheries Law shall be executed as follows: 1. Anyone who uses explosives or poisons in fish ing, fishes in violation of the regulations on prohibited fishing areas and closed seasons, or catches rate aquat ic animals under state protection without permission shall be fined 50-5,000 Renminbi yuan for such activi ties in inland waters, and 500-50,000 yuan at sea; 2. Anyone who uses Qiaogu fishing shall be fined 1,000-50,000 yuan; 3. Anyone who uses cormorant fishing without • 70 • permission sha11 be fined 50-200 yuan~ 4. Anyone who carri-~S out electrical fishing without permission shall be fined 200-1,000 yuan for such, activities in inland waters and 500-3,000 yuan at sea; 5. Anyone who fishes with nets of which meshes are smaller than the stipulated minimum mesh-sizes shall be fined 50-1,000 yuan. Article 30 Fines to be imposes in accordance with Article 29 of the Fisheries Law shall not exceed 1,000 yuan. Article 31 Fines to be imposed in accordance with Article 30 of the Fisheries Law shall be executed as follows: 1. A fine of 50-150 yuan for a non motor-driven fishing vessel engaged in inland fishery; 2. A fine of 100-500 yuan for a motor-driven fish ing vessel engaged in inland fishery and for a non motor driven fishing vessel engaged in marine fishery; 3. A fine of 200-20,000 yuan for a motor-driven fishing vessel engaged in marine fishery. Article 32 Fines to be imposed in accordance with Article 31 of the Fisheries Law shall be executed as follows: 1. A fine of 25-50 yuan for a non motor-driven fishing vessel engaged in inland fishery; • 71 • 2. A fine of 50-100 yuan for a motor-driven fishing vessel engaged in inland fishery or for a non motor driven fishing vessel engaged in marine fishery; 3. A fine of 50-3,000 yuan for a motor-driven fish ing vessel engaged in marine fishery; 4. A fine of 3,000-20,000 yuan for a foreign fishing vessel which enters into and fishes in the inshore wa ters of China without permission. Article 33 Anyone who trades in, leases, alters or transfers fishing licenses by other illegal means shall .have his un lawful incomes confiscated and his fishing licenses re voked in addition to a fine. of 100-1,000 yuan. Ar lcle 34 If a fine is to be imposed in accordance with Arti cle 28, 30, 31 or 32 of the Fisheries Law, an additional fine of 100-500 yuan shall be imposed on the captain.of a vessel or the person in charge of a unit as the case inay be. Article 35 Those who fail to take protective measures in accord .. ance with the Fisheries Law and these Regulations and cause losses to fishery resources and those who reclaim land from lakes or enclose tidal flats for cultivation without permission shall be held responsible according to the Law. • 72 • Article 36 , · Any joint fishery venture shall be subject to the con fiscation of its catches and unlawful incomes in addition to a fine. of 3,000-50;000 yuan if it violates the provisions m Article 16 of these Regulations. Article 37 Any foreigner and foreign fishing vessel which en ters the water areas under the jurisdiction of the Peo ple's Republic of China without permission to carry out ,fishing p~oduction or surveys on fishery resources in vio lation of Article 8 of the Fisheries Law shall be ordered to leave or be expelled by the departments of fishery ad ministration or their subordinate fishery superintend, .ence agencies. In addition, these departments or age1i .cies may also impose a fine and confiscate the catches and fishing gears. Article 38 The departments of fishery administration or their subordinate fishery superintendence agencies must fill in and issue the papers on penalty decisions; they must also give receipts for the fines they have imposed and the fishing gears, catches and unlawful incomes they have confiscated, and have these penalties recorded on fishing licenses. · Article 39 • 73 • Anyone who commits either of the following acts shall be punished by the public security organs in accord ance with · the Regulations of the People's Republic of China Concerning · Punishments in Security Adminis;. tration; if his act constitutes a criminal offense, he· shall be investigated by judicial organs for his responsibility according to the Law: 1. Refusing and obstructing fishery inspectors from performing his lawful duties; 2. Steeling, looting or damaging fishing gears, fishing vessels and the catches . . Article 40 If a fishery inspector neglects his duties or · bends the Law for selfish benefits, he shall receive administra tive sanctions by the unit where he belongs to or by the department in charge at the next higher level; if his act constitutes a criminal offense, he shall be investigated for his responsibility according to the Law. Chapter VII Supplementary Provisions Article 41 The right to interpret these Regulations rests with • '14 • the Ministry of Agriculture, Animal Husbandry and Fisheries. Article 42 These Regulations shall come into force on the date of promulgation.