Fisheries Law of the People's Republic of China (Amended in 2004)
Fisheries Law of the People's Republic of China (Amended in 2004)
Fisheries Law of the People's Republic of China (Amended in 2004)
Order of the President [2004] No.25
August 28, 2004
(Adopted at the 14th Session of the Standing Committee of the Sixth National People's Congress on January 20, 1986; amended for the first time in accordance with the Decision on Revising the Fisheries Law of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Ninth National People's Congress on October 31, 2000; and amended for the second time in accordance with the Decision on Amending the Fisheries Law of the People's Republic of China adopted at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004)
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 Provision
Chapter I General Provisions
Article 1 The Fisheries Law of the People's Republic of China (Revised in 2004) (hereinafter referred to as the "Law") is hereby formulated to enhance the protection, increase, development and reasonable utilization of fishery resources, develop artificial cultivation, protect fishery producers' legitimate rights and interests and boost 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 the catching or harvesting of aquatic animals and plants in the inland waters, tidal flats, territorial waters and exclusive economic zones of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, shall be conducted in accordance with the Law.
Article 3 In fishery production, the State adopts a policy that calls for simultaneous development of aquaculture, fishing and processing, with special emphasis on aquaculture and with priority given to different pursuits, according to local conditions. People's governments at various levels shall include fishery production in their economic development plans, and shall take measures to enhance the overall planning and comprehensive utilization of water areas.
Article 4 The State encourages research in fishery science and technology and popularization of advanced technology in order to raise the level of fishery science and technology.
Article 5 People's governments at various levels give moral encouragement or material awards to entities and individuals that make outstanding contributions to the increase and protection of fishery resources, development of fishery production, research in fishery science and technology and other aspects.
Article 6 The administrative department for fisheries under the State Council takes charge of fisheries affairs throughout the country. Administrative departments for fisheries of local people's governments at or above the county level are in charge of fisheries affairs in their respective administrative areas. These departments may set up fishery supervision agencies in important fishing areas and fishing ports. Administrative departments for fisheries of people's governments at or above the county level and fishery supervision agencies subordinate thereto may appoint fishery inspectors, who will carry out tasks assigned to them by the said departments and agencies.
Article 7 State supervision over fisheries shall operate under the principle of unified leadership and decentralized administration.
The marine fisheries are under the supervision by administrative departments for fisheries of people's governments of provinces, autonomous regions and municipalities directly under the Central Government that are contiguous to the sea areas, with the exception of those sea areas and fishing grounds with specially designated fishery resources that the State Council has put under the direct supervision by the administrative department for fisheries under the State Council and fishery supervision agencies subordinate thereto.
Fisheries in rivers and lakes are subject to supervision by the administrative departments for fisheries of the relevant people's governments at or above the county level as per administrative divisions. With regard to fisheries that straddle several administrative divisions, administrative measures shall be formulated by relevant people's governments at or above the county level, through consultations, or such fisheries are subject to supervision by administrative departments for fisheries of people's governments at the next higher level and fishery supervision agencies subordinate thereto.
Article 8 Foreigners and foreign fishing vessels shall obtain permission from the relevant competent 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 shall abide by the Law and other relevant laws and regulations of the People's Republic of China. If those foreigners 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 and fishing port supervision agencies exercise the administrative and supervisory authority over external relations pertaining to fisheries and fishing ports.
Article 9 Neither administrative departments for fisheries, as well as fishery supervision agencies subordinate thereto, nor their staff shall participate, or be engaged, in the activities of fishery production and operation.
Chapter II Aquaculture
Article 10 The State encourages entities under ownership by the whole people, entities under collective ownership and individuals to make the best use of suitable water areas and tidal flats to develop aquaculture.
Article 11 The State makes united plans for the utilization of water areas, and determines which water areas and tidal flats may be utilized for aquaculture.
......
Order of the President [2004] No.25
August 28, 2004
(Adopted at the 14th Session of the Standing Committee of the Sixth National People's Congress on January 20, 1986; amended for the first time in accordance with the Decision on Revising the Fisheries Law of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Ninth National People's Congress on October 31, 2000; and amended for the second time in accordance with the Decision on Amending the Fisheries Law of the People's Republic of China adopted at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004)
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 Provision
Chapter I General Provisions
Article 1 The Fisheries Law of the People's Republic of China (Revised in 2004) (hereinafter referred to as the "Law") is hereby formulated to enhance the protection, increase, development and reasonable utilization of fishery resources, develop artificial cultivation, protect fishery producers' legitimate rights and interests and boost 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 the catching or harvesting of aquatic animals and plants in the inland waters, tidal flats, territorial waters and exclusive economic zones of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, shall be conducted in accordance with the Law.
Article 3 In fishery production, the State adopts a policy that calls for simultaneous development of aquaculture, fishing and processing, with special emphasis on aquaculture and with priority given to different pursuits, according to local conditions. People's governments at various levels shall include fishery production in their economic development plans, and shall take measures to enhance the overall planning and comprehensive utilization of water areas.
Article 4 The State encourages research in fishery science and technology and popularization of advanced technology in order to raise the level of fishery science and technology.
Article 5 People's governments at various levels give moral encouragement or material awards to entities and individuals that make outstanding contributions to the increase and protection of fishery resources, development of fishery production, research in fishery science and technology and other aspects.
Article 6 The administrative department for fisheries under the State Council takes charge of fisheries affairs throughout the country. Administrative departments for fisheries of local people's governments at or above the county level are in charge of fisheries affairs in their respective administrative areas. These departments may set up fishery supervision agencies in important fishing areas and fishing ports. Administrative departments for fisheries of people's governments at or above the county level and fishery supervision agencies subordinate thereto may appoint fishery inspectors, who will carry out tasks assigned to them by the said departments and agencies.
Article 7 State supervision over fisheries shall operate under the principle of unified leadership and decentralized administration.
The marine fisheries are under the supervision by administrative departments for fisheries of people's governments of provinces, autonomous regions and municipalities directly under the Central Government that are contiguous to the sea areas, with the exception of those sea areas and fishing grounds with specially designated fishery resources that the State Council has put under the direct supervision by the administrative department for fisheries under the State Council and fishery supervision agencies subordinate thereto.
Fisheries in rivers and lakes are subject to supervision by the administrative departments for fisheries of the relevant people's governments at or above the county level as per administrative divisions. With regard to fisheries that straddle several administrative divisions, administrative measures shall be formulated by relevant people's governments at or above the county level, through consultations, or such fisheries are subject to supervision by administrative departments for fisheries of people's governments at the next higher level and fishery supervision agencies subordinate thereto.
Article 8 Foreigners and foreign fishing vessels shall obtain permission from the relevant competent 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 shall abide by the Law and other relevant laws and regulations of the People's Republic of China. If those foreigners 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 and fishing port supervision agencies exercise the administrative and supervisory authority over external relations pertaining to fisheries and fishing ports.
Article 9 Neither administrative departments for fisheries, as well as fishery supervision agencies subordinate thereto, nor their staff shall participate, or be engaged, in the activities of fishery production and operation.
Chapter II Aquaculture
Article 10 The State encourages entities under ownership by the whole people, entities under collective ownership and individuals to make the best use of suitable water areas and tidal flats to develop aquaculture.
Article 11 The State makes united plans for the utilization of water areas, and determines which water areas and tidal flats may be utilized for aquaculture.
......