Law the People's Republic of China on Fisheries
(Adopted by the 14th Session of the Standing Committee of the National People's Congress on January 20, 1986, promulgated by the Order No 34 of the President of the People's Republic of China on January 20, 1986, and effective on July 1, 1986)
Contents
Chapter I General Provisions
Chapter II Aquiculture
Chapter III Fishing
Chapter IV Growth and Protection of Fishery Resources
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of strengthening the protection, growth, development and rational utilization of fishery resources, developing artificial cultivation, protecting the lawful rights and interests of fishery workers and boosting fishery production so as to meet the needs of socialist construction and the livelihood of the people, this Law is hereby enacted.
Article 2
All productive activities of fisheries, including engaging in aquiculture and catching or harvesting of aquatic animals and plants in the inland waters, tidal flats and territorial seas of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, must abide by this Law.
Article 3
Regarding to fishery production, the State adopts a policy that calls for simultaneous development of aquiculture, fishing and processing, with special emphasis on aquiculture and with priority being given to different pursuits in line with local conditions.
The people's governments at various levels shall include fishery production into their respective economic development plans and take measures to improve the overall planning and comprehensive utilization of water areas.
Article 4
The State encourages researches in fishery science and technology as well as the popularization of advanced technology so as to boost the level of science and technology on fisheries.
Article 5
The people's governments at various levels shall give moral encouragement or material awards to units and individuals which and who have made outstanding contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery science and technology.
Article 6
The department of fishery administration of the State Council shall be in charge of the administration of fisheries throughout the country. Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas. Departments of fishery administration under the people's governments at or above county level shall be authorized to set up fishery superintendency organizations in important fishing areas and fishing ports.
Departments of fishery administration under people's governments at or above the county level and their fishery superintendency organizations may appoint fishery inspectors who will carry out assignments entrusted thereto by these departments and organizations.
Article 7
Supervision over and administration of fisheries by the State shall be operated under the principle of unified leadership and administration by the level.
Marine fishery shall be under the superintendence and management of departments of fishery administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government contiguous to the sea, with the exception of those sea areas and fishing grounds of specially designated fishery resources which the State Council has placed them under direct superintendence and management by the department of fishery administration of the State Council and its subordinate fishery superintendency organizations.
Fishery in rivers and lakes shall be subject to the superintendence and management of the departments of fishery administration under the relevant people's governments at or above the county level in accordance with administrative divisions; Fishery administration for water areas that straddle several administrative divisions shall be decided by the relevant people's governments at or above the county level through consultation or placed under the superintendence and management by the departments of fishery administration of people's governments at the next higher level and their subordinate fishery superintendency organizations.
Article 8
Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council prior to entering the territorial waters of the People's Republic of China to carry on fishery production or investigations of fishery resources, and must abide by the provisions of this Law and other related laws and regulations of the People's Republic of China. Where the countries to which the foreigners or vessels belong have signed relevant treaties or agreements with the People's Republic of China, such treaties or agreements shall apply to their activities.
State fishery administration and fishing port superintendency organizations shall exercise administrative and supervisory authority over external relations pertaining to fisheries and fishing ports.
Chapter II Aquiculture
Article 9
The State encourages units under ownership of the whole people, units under collective ownership and individuals to make the best use of suitable water surfaces and tidal flats to develop aquiculture.
Article 10
In line with the overall arrangement of the State for utilization of water areas, people's governments at and above the county level may allocate State-owned water surfaces and tidal flats that have been designated for aquiculture to units under ownership by the whole people and units under collective ownership to develop aquiculture, and issue aquiculture licenses thereto and confirm their rights to the use of such water surfaces and tidal flats.
Water surfaces and tidal flats used by units under ownership by the whole people, water surfaces and tidal flats owned by collectives, and those owned by the whole people but used by units under collective ownership may all be contracted to collectives or individuals to develop aquiculture.
Ownership and rights to use water surfaces and tidal flats are protected by law and shall not be subject to encroachment by any unit or individual.
Article 11
In case where any unit or individual that uses water surfaces and tidal flats owned by the whole people for aquiculture leaves them idle for 12 months without any justified reason, the organ that has issued aquiculture license thereto shall order the unit or individual concerned to develop and utilize them within a certain period of time and, in case of a failure in such development and utilization within the time limit, the aquiculture license may be revoked.
Article 12
Disputes over the ownership and rights to use water surfaces or tidal flats arising between units under ownership by the whole people, between units under collective ownership or between units under ownership by the whole people and units under collective ownership shall be solved through consultation between the parties concerned. If such consultation fails, the disputes shall be handled by a people's government at or above the county level. If a party refuses to accept the decision of the people's government, it may initiate legal proceedings to a people's court within 30 days after receiving notification of the decision.
Prior to a settlement to the dispute over ownership and rights to use certain water surfaces or tidal flats, no party may disrupt aquiculture production in the disputed areas.
Article 13
Requisitioning of collectively owned water surfaces and tidal flats for State construction shall be handled in accordance with the "Regulations on Requisition of Land for State Construction."
When State-owned water surfaces and tidal flats that have been allotted to units under ownership by the whole people and units under collective ownership for aquiculture are requisitioned for State construction, the construction units shall make appropriate compensation to those units.
Chapter III Fishing
Article 14
The State encourages and supports the development of offshore and deep sea fisheries, and shall make rational arrangement of fishing capacity for inland and inshore fisheries.
Article 15
Any unit or individual that intends to engage in offshore or deep sea fishing must obtain permission from the department of fishery administration of the State Council; the State shall give support or preferential treatment in terms of funds, materials, technology and taxation.
Article 16
Any unit or individual that intends to engage in inland water or inshore fishing must first apply to departments of fishery administration for fishing licenses. Licenses for using large trawls and purse seines in marine fishing shall be granted upon approval by the department of fishery administration of the State Council. Other fishing licenses shall be granted upon approval by local people's governments at or above the county level, but the fishing licenses for marine operations that have been issued must not allow the use of trawls and other fishing gear which exceed quotas set by the State. Concrete measures shall be worked out by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Fishing licenses may not be sold, leased or transferred in other illegal means, and they may not be altered.
Article 17
Units and individuals engaging in inland water and inshore fisheries must conduct their operations in accordance with their licenses concerning the types of operation, location, time limits and quantity of fishing gear, and they must also abide by the relevant regulations on protection of fishery resources.
Article 18
All fishing vessels that are built, rebuilt, purchased or imported must be examined and inspected by fishing vessel inspection agencies before they are allowed to go into operation. Specific measures thereof shall be formulated by the department of fishery administration of the State Council.
Chapter IV Growth and Protection of Fishery Resources
Article 19
Departments of fishery administration under the people's governments at and above the county level shall work out overall plans and take measures to increase fishery resources in the fishery waters under their jurisdiction. These departments may collect fees from the units and individuals profited by the use of such waters, which shall be exclusively used for the growth and protection of fishery resources. The procedures for collecting such fees shall be formulated by the department of fishery administration and the department of finance of the State Council, and must be approved by the State Council before going into effect.
Article 20
It shall be forbidden to use explosives and poisons in fishing. It shall not be permitted to fish in prohibited fishing areas and during closed seasons, to fish with gear and methods banned by the fishery authority or to use fishing nets with meshes smaller than the minimum prescribed sizes.
Departments of fishery administration under the people's governments at or above the county level shall designate species under special protection, prohibited fishing areas and closed seasons, fishing gear and methods that are to be banned or restricted and the minimum sizes for the mesh of nets, as well as other measures for the protection of fishery resources.
Article 21
Catching fry of aquatic animals of important economic value shall be prohibited. Catching fry of aquatic animals of important economic value or spawning aquatic animals under protection for artificial breeding or for other special purposes must be approved by the department of fishery administration of the State Council or by departments of fishery administration under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and it must be conducted in the designated areas and time and strictly in accordance with the quotas authorized.
Measures shall be adopted to protect fry of aquatic animals when channeling or using water from water areas that specialize in producing such fry.
Article 22
When building sluices and dams which will have serious effects on fishery resources on the migration routes of fish, shrimp and crabs, the construction units must build fish passages or adopt other remedial measures.
Article 23
Regarding to water bodies that are used for fisheries and also serve the purposes of water storage and regulation and irrigation, the departments concerned shall fix the lowest water level required for fishery.
Article 24
It shall be forbidden to reclaim land from lakes. Without approval from a people's government at or above the county level, it shall not be allowed to enclose tidal flats for cultivation, and no one shall be allowed to reclaim land from water areas that are used as major seedling producing centers and aquatic breeding grounds.
Article 25
To conduct underwater explosions, exploration and construction that may have serious effects on fishery resources, the construction units shall consult in advance with the department of fishery administration under the relevant people's government at or above the county level and take measures to prevent or minimize the damage to fishery resources. In case any damages to fishery resources occur thereto, the relevant people's government at or above the county level shall order the responsible party to make compensation.
Article 26
In accordance with the provisions of "Marine Environmental Protection Law" and the Law on Water Pollution Prevention and Control," people's governments at various levels shall take measures to protect and improve the ecosystem of fishery waters, prevent pollution and investigate the responsibility of any unit or individual that pollutes the fishery waters.
Article 27
Protection shall be provided to rare aquatic animals whose capture is banned by the State. In case there is a special need to catch them, the matter shall be handled in accordance with the relevant laws and regulations.
Chapter V Legal Liability
Article 28
Any one who uses explosives or poisons in fishing, fishes in violation of the regulations on prohibited fishing areas and closed seasons, uses prohibited fishing gear and methods or catches rare aquatic animals under State protection without permission shall have his her catch and unlawful income confiscated and be fined; in addition, his or her fishing gear may be confiscated and his fishing license revoked. In serious cases, criminal responsibility of the individual or the persons of a unit who are directly responsible shall be investigated in accordance with Article 129 of the Criminal Law.
Article 29
Any one who poaches on or seizes others' aquatic products, or damages others' aquiculture water bodies and facilities shall be ordered by the department of fishery administration or its subordinate fishery superintendency agencies to compensate for the damages and shall be concurrently fined. In serious cases or if the damages are great, criminal responsibility of the individual or the persons of a unit who are directly responsible shall be investigated in accordance with Articles 151 and 156 of the Criminal Law.
Article 30
Any one who fishes without a fishing license obtained in accordance with this Law shall have his or her catches and unlawful income confiscated and may be concurrently fined. In serious cases, his or her fishing gear may also be confiscated.
Article 31
Any one who fishes in violation of the type of operation, location, time limit and amount of fishing gear stipulated in his or her license, shall have his or her catches and unlawful income confiscated and a fine may be concurrently imposed. In serious cases, his or her fishing gear may also be confiscated and his or her fishing license revoked.
Article 32
Where any one trades in, leases or transfers fishing licenses by other illegal means, his or her unlawful income shall be confiscated and his or her fishing license revoked, and may be concurrently fined.
Article 33
The administrative penalties stipulated in this Law shall be decided by departments of fishery administration or their subordinate fishery superintendency agencies. Any party who refuses to accept the decision on an administrative sanction may initiate legal proceedings to a people's court within 30 days after receiving notification of the decision. If the party neither initiates legal proceedings nor executes the decision within the time limit, the organ that made the decision may apply to the people's court for a compulsory enforcement. However, a party which is engaged in maritime operations must comply with the decision of penalty first.
Chapter VI Supplementary Provisions
Article 34
The department of fishery administration of the State Council shall, in accordance with this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.
The standing committees of people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may formulate measures of implementation in accordance with this Law and the rules for its implementation.
Article 35
This Law shall come into force on July 1, 1986.
