The "Fisheries Regulations of Jiangxi Province" was adopted by the 31st meeting of the Standing Committee of the Eleventh People's Congress of Jiangxi Province on May 25, 2012 and is hereby promulgated. It will come into force on July 1, 2012.
Standing Committee of the Jiangxi Provincial People's Congress May 29, 2012 Contents Chapter I General Provisions Chapter II Aquaculture Chapter III Fishing Industry Chapter 4 Fisheries Resources Proliferation and Protection Chapter V Aquatic Product Quality Safety Chapter VI Legal Liability Section Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 In order to strengthen the protection, proliferation, development and rational use of fishery resources, develop artificial breeding, safeguard the legitimate rights and interests of fishery producers, safeguard the quality and safety of aquatic products, and promote the sustainable development of fisheries, according to The regulations of the "Fishery Law of the People's Republic of China" and other laws and administrative regulations shall be formulated in conjunction with the actual situation of the province.
Article 2 These regulations shall be complied with when engaging in fishery production and activities related to fishery within the administrative area of ​​the province.
Article 3 The people's government at or above the county level shall incorporate the development of fishery into the national economic and social development plan, strengthen the unified planning and comprehensive exploitation of water areas and mudflats, strengthen the protection of fishery resources, fishery ecological environment and the supervision and management of aquatic product quality, and increase Investment in fishery infrastructure construction will support large-scale and characteristic breeding, develop aquatic product processing, and promote the development of fishery industrialization.
Article 4 The fishery authority of the People's Government of the province is in charge of fishery work in the province. The fishery authorities of the people’s governments of the municipalities, counties (cities, and districts) that are located in the district shall be responsible for the fishery work within their administrative areas. The fishery authority of the people's government at or above the county level may establish fishery supervision and administration agencies in important fishery waters and fishing ports and provide fishery administrative law enforcement personnel.
Development and reform, finance, water conservancy, forestry, land and resources, transportation, environmental protection, health, business, industry and commerce, public security, safety production supervision, quality and technical supervision, inspection and quarantine, urban and rural planning and other relevant departments are responsible for fishery management in accordance with their respective responsibilities. Related work.
Article 5 The supervision and administration of fisheries shall adopt the principles of unified leadership and hierarchical management.
The fisheries of Poyang Lake and the Yangtze River in Jiangxi Province shall be supervised and managed by the fishery authorities of the People's Government of the People's Government and their subordinate fishery supervision and administration agencies. Fisheries in other waters shall be supervised and managed by the fishery authorities of the people's governments of the cities, counties (cities, districts) or their respective fishery administrative agencies under the jurisdiction of the administrative regions, and shall be negotiated by the relevant people’s governments at or above the county level across administrative regions. The management shall be supervised and managed by the common fishery authorities of the people's government at the next higher level and their respective fishery supervision and administration agencies.
Article 6 The research and application of fishery science and technology shall be encouraged, advanced technologies and fine varieties shall be promoted, and the scientific level of fishery shall be improved.
Fisheries producers are encouraged to establish or participate in fishery professional cooperative economic organizations voluntarily according to law, and establish collaborative relationships in which risks are shared and benefits are shared.
Article 7 People's governments at various levels shall take measures to reduce the burden on fishery producers. Except for the taxes and fees stipulated by the national and provincial people's governments, no unit or individual may charge, apportion or raise funds from fishery producers.
The approved administrative fees, the scope of charges, and the charging standards shall be announced to the public. Fees should be issued with bills printed by the provincial government. Fisheries producers have the right to refuse to pay bills that are not printed with the provincial fiscal uniform printing.
Article 8 The people's governments at and above the county level and their relevant departments shall establish and improve fishery production risk prevention mechanisms, strengthen risk prediction and risk warning, and encourage fishery producers to participate in mutual insurance and commercial insurance.
The occurrence of major natural disasters and other emergencies will cause major losses to the fishery producers. The local people's governments shall take emergency measures and provide assistance for fishery producers to resume production; the people's governments at or above the county level shall, in accordance with their duties, the civil affairs, finance, and fishery authorities. The division of labor gives appropriate assistance to fishermen who have basic difficulties in life and meet the conditions for relief.
Article 9 Units and individuals that have made outstanding achievements in fishery production, fishery resources protection, aquatic product quality and safety, fishery scientific and technological research and promotion, fishery supervision and management, etc., and people's governments at and above the county level shall be given commendations and rewards in accordance with relevant regulations.
Chapter II Farming Industry Article 10 The fishery authority of the people's government at or above the county level shall formulate a unified plan for the use of water areas and tidal flats in accordance with the State and the province, and shall work with the competent departments of development and reform, land and resources, water conservancy, environmental protection, urban and rural planning and forestry. The plans for aquaculture in this administrative area shall be implemented after approval by the people's government at the same level.
Aquaculture planning should be linked to overall plans for land use, general plans for water conservancy and soil and water conservation, environmental protection planning, urban and rural planning, and wetland conservation planning.
Aquaculture planning should reasonably determine the water areas and tidal flats used for aquaculture, and at the same time, divide the aquaculture functional areas according to the conditions of the water area and the tidal flat environment, rationally arrange the aquaculture layout, and determine the aquaculture scale and culture methods.
Article 11 Units and individuals that use the country's waters and beaches to engage in aquaculture shall apply to the competent fishery authorities of the people's governments at or above the county level that have jurisdiction over them.
The application for issuance of a culture certificate shall meet the following conditions:
(1) The water areas, tidal flats, scales, and methods applied for aquaculture conform to aquaculture planning;
(2) Having corresponding production and management capabilities;
(3) Other conditions stipulated by laws and regulations.
Article 12 The fishery authority of the people's government at or above the county level shall complete the written examination and on-site verification of the application materials within ten working days from the date of acceptance of the application for breeding. If the conditions are met, the application for aquaculture shall be publicized within two working days from the date of completion of the examination and verification, and the public announcement period shall be ten days; if it does not meet the conditions, it shall be two years from the date of completion of the examination and verification. Within one working day, notify the applicant in writing and explain the reasons.
If there is no objection at the expiry of the public announcement period, the fishery authority of the people's government at or above the county level shall apply to the people's government at the corresponding level for issuing a culture certificate, permitting the aquaculture applicant to use the water area or the mudflat for aquaculture.
Article 13 The people's governments at or above the county level shall prioritize the following local fishery producers to engage in aquaculture when issuing aquaculture certificates for all waters and beaches in the country:
(1) To engage in aquaculture as the main source of living in waters and beaches;
(2) For the adjustment of the industrial structure of the fishery industry, the conversion from fishing industry to aquaculture;
(3) As a result of planning and adjustment of aquaculture waters and tidal flats, it is necessary to arrange aquaculture waters and tidal flats for aquaculture.
Article 14 After contracting a collectively owned peasant or all of the country’s waters and beaches used by farmers collectively to engage in aquaculture, after signing a contract of contract in accordance with law, they may apply to the fishery authority of the people's government at or above the county level for a permit for the acquisition of aquaculture.
Article 15 The legal rights to use waters and beaches for obtaining aquaculture certificates and the right to use contracted land shall be protected by law. No unit or individual may infringe.
Where it is necessary for the public interest to recoup all aquaculture waters and mudflats that have been used by units or individuals legally permitted by the law, it shall provide compensation to the aquaculture unit or individual according to law.
If it is necessary to expropriate collectively owned water areas and beaches for national construction, it shall be handled in accordance with the laws and regulations governing land management.
Article 16 The people's governments at or above the county level shall take measures to strengthen the protection of basic aquaculture ponds such as commercial fish production bases, aquaculture seedling bases, and important aquaculture waters in urban suburbs, and stabilize the area of ​​basic aquaculture waters.
The fishery authorities of the people's government at or above the county level shall take measures to promote the construction of aquaculture healthy aquaculture demonstration areas and non-prescribed aquatic animal disease areas.
Article 17 The production of aquatic fingerlings shall be subject to a permit system. Units and individuals engaged in the production of aquatic fingerlings shall, in accordance with the laws and regulations governing the management of aquatic fingerlings, apply to the competent fishery authority of the people’s government at or above the county level for a production license for the production of aquatic fingerlings. Engaged in production. Fisheries producers are self-fertilized and have their own aquatic product.
Article 18 Units and individuals engaged in aquaculture shall observe the following provisions:
(1) Where an aquaculture certificate is obtained, aquaculture shall be carried out in accordance with the scope, scale, mode and duration of the culture specified in the aquaculture certificate;
(2) Complying with the laws and regulations of the State concerning fishery drugs, feeds, feed additives and animal epidemic prevention, and implementing the aquaculture technical standards and specifications;
(3) For bait-feeding, the bait-feeding capacity shall be controlled in accordance with the aquaculture plan, and no bait-raising shall be carried out in the drinking water source protection zone;
(4) No inorganic fertilizers, organic fertilizers, biological compound fertilizers, etc. shall be used for aquaculture in rivers, lakes and reservoirs.
Article 19: Units engaged in aquaculture shall establish aquatic product production records and truthfully record the names, sources, usages, usages, dates of use and decommissioning of aquaculture inputs, occurrence and control of epidemic diseases, dates of harvesting and fishing, etc. . Aquatic product production records should be kept for two years.
Individuals engaged in aquaculture are encouraged to establish production records for aquatic products.
Chapter III Fishing Industry Article 20 The fishing quota system shall be implemented in accordance with the principle that the amount of fish caught is lower than the growth of fishery resources.
The total amount of fishing quotas for Poyang Lake and the Yangtze River in Jiangxi Province is formulated by the fishery authority of the People's Government of the People's Government and submitted to the provincial People's Government for approval. The total amount of fishing quotas for other rivers and lakes is determined by the relevant cities, counties, and cities. And the People's Government of the People's Republic of China is determined or negotiated and determined and issued in stages. The allocation of fishing quotas should reflect the principle of fairness and fairness. The distribution methods and distribution results should be announced to the public and monitored.
Article 21 The fishing industry adopts a fishing license system. Units and individuals engaged in fisheries fishing and production in rivers, lakes and reservoirs should apply for fishing licenses according to law. If no fishing license is obtained, no fishing operations may be conducted.
The fishing licenses for Poyang Lake and the Yangtze River are approved and issued by the fishery authority of the People's Government of the People's Republic of China; fishing licenses for other waters are approved by the competent fishery authorities of the municipal, county (city, district) people's governments. Issued.
Article 22 With the following conditions, the fishery authority of the people's government at or above the county level shall, within ten working days from the date of accepting the application for fishing, approve the issuance of the fishing license:
(1) There is a fishery vessel inspection certificate;
(b) There is a fishery vessel registration certificate;
(3) Complying with other conditions prescribed by the fishery authority of the State Council.
The fishing licenses approved and issued by the fishery authorities of the people’s governments at or above the county level shall be compatible with the quotas for fishing quotas issued by the fishery authorities of the higher people’s governments.
Article 23 Units and individuals engaged in fishing production shall abide by the following provisions:
(1) Operating according to the type, location, time limit, number of fishing gears and fishing quotas approved for the fishing license;
(2) Complying with the provisions of the State and the Province on the protection of fishery resources, including prohibited fishing areas and closed fishing seasons;
(3) carrying fishing licenses and fishing vessel crew certificates on board;
(4) Equipped with such equipment as lifesaving, fire fighting, navigation, signals, and sewage collection and disposal in accordance with national regulations to ensure that the fishing vessels comply with the requirements for adequate navigation and take full responsibility for the safe production of fishing vessels;
(5) Fixed fishing gear must not be set on the fairways, ports, ferry terminals and ferry routes to affect normal navigation.
Article 24 The people's government at or above the county level shall strengthen the construction of public facilities such as fairways, navigation aids, navigation and communication warnings for the common use of fishing ports and fishing ports, as well as routine maintenance and management, so as to maintain the normal order of fishing ports. Units and individuals are encouraged to invest in fishing port construction.
Article 25 People's governments at or above the county level shall guide and support fishermen engaged in long-term fishing operations in aquaculture, recreational fisheries or other occupations; fishermen who plan to switch to production in a unified way shall receive employment training, social security, and children's education. Support it.
Chapter IV Proliferation and Protection of Fishery Resources Article 26 The people's governments at and above the county level and their fishery authorities shall organize to carry out artificial proliferation and release in the important fishery waters to increase fishery resources.
In the case of artificial proliferation and release, the use of aquatic species that do not meet ecological requirements is prohibited.
Aquatic organisms such as broodstocks and seedlings used for artificial proliferation and release shall be native species; seedlings shall be native species or sub-generations of native species, and if other types of seedlings need to be released, they shall pass experts organized by the fishery authority of the People's Government of the province. Demonstration. Aquatic biological species used for artificial proliferation and release should be provided by qualified production units.
Article 27 Units and individuals that fish natural and artificially-proliferating fishery resources in rivers, lakes and reservoirs shall pay for the proliferation of fishery resources.
The proliferation protection fees for fishery resources shall be levied by the fishery authority of the people's government at or above the county level and shall be specifically used for the proliferation and protection of fishery resources.
Article 28 People's governments at or above the county level shall strengthen the construction and management of aquatic wildlife and nature reserves, protect biodiversity, and give priority protection to rare and endangered aquatic wildlife and their places of origin.
It is forbidden to kill, harm, sell, purchase, process, transport, carry white dolphins, finless porpoise, Chinese sturgeon, white plover, carp and other countries and aquatic wildlife and its products that are under special protection in this province, and the Convention on International Trade of Endangered Species of Wild Fauna and Flora. Appendix listed aquatic wildlife and its products.
Article 29 People's governments at and above the county level and their fishery authorities shall strengthen the protection of aquatic germplasm resources, endemic aquatic resources and their living environment.
The fishery authorities of the Provincial People's Government shall delimit provincial-level aquatic germplasm resources conservation areas in accordance with the law to protect the germplasm resources of endangered or highly economic aquatic organisms and their living environment. The specific list shall be determined by the fishery authority of the Provincial People's Government.
Article 30 In accordance with the state of fishery resources and the ecological environment of fishery, the system of closed fishing areas and closed fishing seasons shall be implemented.
Poyang Lake, the Yangtze River in the Jiangxi Province, and the Pearl River Basin in the restricted water area in Jiangxi Province, the closed area, according to national regulations. The closed fishing areas and closed fishing seasons in the waters of the Minjiang River, Xinjiang River, Fuhe River, Raohe River, and Xiuhe River are proposed by the fishery authority of the People's Government of the People's Government and submitted to the People's Government of the People's Government for approval.
In fishing prohibited areas and closed fishing seasons, fishing operations are prohibited and sales of prohibited fishery areas are prohibited.
Article 31 People's governments at or above the county level in fishery waters, beaches engaged in sand mining, dam construction, gate construction, bridge construction, dock construction, riverway (waterway) regulation, mining, blasting, and setting up of factory sewage outlets The competent department of environmental protection shall solicit the opinions of the fishery authorities at the same level before approving or approving the environmental impact assessment documents.
In the case of underwater blasting, exploration and other construction operations that have serious impacts on fishery resources and fishery ecological environment, the operating entity shall consult with the relevant fishery authorities of the people's government at or above the county level in advance and take precautionary measures. The people’s governments at or above the county level shall be involved. The fishery authorities shall supervise and enforce such measures so as to prevent or reduce the damage to the fishery resources and the fishery ecosystem. If the loss of fishery resources is caused, the people’s government at or above the county level shall order compensation.
Article 32 When aquaculture waters are used for agricultural irrigation, drainage and flood storage, the principle of fishermen and farmers shall be taken into consideration. The local people's government shall determine the minimum water level required for fishery production according to actual conditions. If fishery resources are not lost as a result of operations that are not in accordance with the determined minimum water mark, compensation shall be paid according to law.
Reservoir fish farming shall not affect drinking water sources, irrigation, navigation, flood control, power generation and dam safety.
Article 33 It is forbidden to make land around the lake and aquaculture around the lake. Tidal flats along the river and along the lake shall not be used for unauthorized cofferdams; important seed bases and breeding sites shall not be coffered.
Article 34 It is forbidden to use fishing methods such as using electric fish, poisoned fish and fried fish to destroy fishery resources. It is prohibited to use nets smaller than the minimum mesh size for fishing.
It is forbidden to use fixed nets, mobile bottom trawls, barrage nets, sucking snails (clams and locusts), and other fishing gear and fishing methods in natural waters; the use of deep-water nets, plug-ins and triple gill nets is prohibited in the Yangtze River waters. .
It is forbidden to produce, sell, use prohibited fishing gear or promote prohibited fishing gear and fishing methods.
Article 35 It is forbidden to dump pollutants and wastes into fishery waters and beaches.
The fishery authority of the people's government at or above the county level shall be responsible for monitoring the pollution of fishery waters. If the pollution causes damage to fishery resources and fishery production, it shall be investigated and handled by the fishery authority of the people's government at or above the county level.
Chapter V: Quality and Safety of Aquatic Products Article 36 The people's governments at or above the county level shall gradually establish and improve the quality and safety inspection system for aquatic products, and improve the market safety access system for aquatic products.
The fishery authorities of the people's governments at or above the county level shall strengthen the supervision and management of aquaculture, input of aquaculture inputs, output products and the environment of the place of production, and strengthen the prevention and quarantine of aquatic organisms in accordance with the relevant regulations of the State.
The competent departments of quality and technology supervision, industry and commerce, etc. of the people's governments at or above the county level shall, in accordance with their respective responsibilities, strengthen the supervision and administration of the quality and safety of aquatic products processing, transportation, and sales.
Article 37 The system for the identification of the origin of pollution-free aquatic products and product certification shall be implemented. The identification of the origin of pollution-free aquatic products and product certification shall be implemented in accordance with national regulations. After being certified, certified, and obtained in accordance with the law, the certificate of origin of agricultural production of pollution-free agricultural products, product certification certificates and signs, any units and individuals shall not be forged, fraudulently used, transferred, altered, leased.
Article 38 The water for aquaculture shall comply with the water quality standards for aquaculture, the water intake and drainage systems at the breeding sites shall be separated, and the aquaculture wastewater discharge shall comply with the national standards.
Units and individuals engaged in aquaculture shall strengthen the monitoring of the aquaculture water quality. When the aquaculture water quality is polluted, they shall be immediately stopped from use and shall be used after the purification treatment reaches the aquaculture water quality standard; if the pollution is serious, the local fishery authority shall be promptly reported.
Article 39 Production enterprises of fishery medicines, feedstuffs and feed additives shall carry out production according to the standards and requirements stipulated by the State, and shall not produce products that do not meet the quality standards.
Units and individuals selling fishery drugs, feeds and feed additives shall be responsible for the quality of the commodities they sell, and may not sell illicit drugs or commodities that do not meet quality standards.
Article 40 The fishery, veterinary, and feed administrative departments of the people's governments at or above the county level shall organize the supervision and inspection of fishery medicines, feedstuffs and feed additives in accordance with the division of duties.
The quality and technical supervision department of the People's Government of Shaanxi Province shall, together with the competent department of agriculture at the same level, list fishery medicines, feeds, feed additives and aquatic products into the annual work plan for quality supervision and spot checks, carry out random inspections on a regular basis, and timely publish the results of spot checks to the public. .
Article 41 Units engaged in aquaculture shall establish a quality inspection system for aquatic products to ensure the quality and safety of aquatic products.
Aquatic products produced by farmers using illicit drugs shall be disposed of harmlessly under the supervision of the fishery authority of the people's government at or above the county level, and the cost of the treatment shall be borne by the farmers.
Article 42 When the fishery waters are subject to sudden pollution, the fishery authority of the people's government at or above the county level shall report to the fishery authorities of the people's government at the corresponding level and the people's government at the next higher level in a timely manner. With the approval of the people's government at the same level, the fishery authority of the people's government at or above the county level may issue an announcement prohibiting the collection of fishery products within the stipulated time limit and in the contaminated area; when the situation is serious, other emergency measures shall be taken.
Article 43 It is forbidden to use preservatives, preservatives, additives and other materials that are banned or not in compliance with quality standards by the State for the processing, storage and transportation of aquatic products, and prohibit the listing of aquatic products that contain toxic and hazardous substances that do not meet the quality and safety standards. Sales.
Article 44 Enterprises engaged in the processing and sale of aquatic products and farmers' professional cooperative economic organizations shall establish business archives and record relevant information such as sources of products, suppliers, and whereabouts of products.
Chapter VI Legal Responsibilities Article 45 Where any of the following acts is committed by the fishery authority, fishery supervision and administration institution and its staff of the people's government at or above the county level, it shall be punished according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to issue a license for aquaculture or fishing license in accordance with law;
(2) Participate in or engage in fishery production and business activities;
(3) Violating the regulations on the collection and use of fishery resources, multiplication protection fees, etc.;
(4) failing to perform the duties of fishery safety production management according to law;
(5) Failing to perform the duties of supervision and management of aquatic products quality and safety in accordance with the law, resulting in a safety accident in aquatic products;
(6) There are other acts of negligence, abuse of power, and malpractice for personal gains.
Article 46 In violation of the provisions of the third item of Article 18 of these Regulations, when feeding and breeding aquaculture in a drinking water source protection zone, it shall be ordered to make corrections and a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed.
In violation of the fourth item of Article 18 of the Regulations, if inorganic fertilizers, organic fertilizers, biological compound fertilizers, etc. are used for aquaculture in rivers, lakes, and reservoirs, they shall be ordered to make corrections; if the water environment is seriously polluted, they shall be more than 10,000 yuan. Ten thousand dollars shall be fined.
Article 47 Whoever violates the provisions of Item 23 of Article 23 of the Regulations and fails to accompany the ship with lifesaving, fire fighting, navigation, signals, and waste collection and disposal equipment, shall be ordered to make corrections, and shall be disposed between 1,000 yuan and 5,000 yuan. fine.
Article 48 Whoever violates the provisions of paragraph 2 of Article 26 of these Regulations and applies artificial breeding and releasing water and places aquatic species that do not meet the ecological requirements shall be fined not less than 1,000 yuan but not more than 5,000 yuan; if the circumstances are serious, A fine of between 10,000 yuan and 30,000 yuan shall be imposed.
Article 49 Those who violate the provisions of paragraph 3 of Article 30 of these Regulations and sell the fish caught in the closed fishing area shall be confiscated of their catch and illegal income, and shall be imposed on a fine of not less than 500 yuan but not more than 5,000 yuan.
Article 50 Anyone who violates Article 37 of these Regulations and falsifies, fraudulently uses, transfers, alters, leases the certificate of origin of a pollution-free agricultural product, product certification certificate, and sign shall be punished by relevant departments of the people's government at or above the county level according to their respective duties. , Order to correct, confiscate the illegal income, and impose a fine of 2,000 yuan up to 10,000 yuan.
Article 51 In violation of the provisions of Article 42 of these Regulations, if the fishery products are caught within the time limit and within the contaminated area, they shall be ordered to stop the illegal activities and a fine of 5,000 yuan up to 20,000 yuan shall be imposed.
Article 52 The administrative penalty provided for in these Regulations shall be implemented by the fishery authority of the people's government at or above the county level or its subordinate fishery supervision and administration institution, unless otherwise provided by laws and regulations.
Any other act that violates these regulations shall be punished in accordance with the relevant laws and regulations.
Chapter VII Supplementary Provisions Article 53 This Regulation shall come into force on July 1, 2012.
Standing Committee of the Jiangxi Provincial People's Congress May 29, 2012 Contents Chapter I General Provisions Chapter II Aquaculture Chapter III Fishing Industry Chapter 4 Fisheries Resources Proliferation and Protection Chapter V Aquatic Product Quality Safety Chapter VI Legal Liability Section Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 In order to strengthen the protection, proliferation, development and rational use of fishery resources, develop artificial breeding, safeguard the legitimate rights and interests of fishery producers, safeguard the quality and safety of aquatic products, and promote the sustainable development of fisheries, according to The regulations of the "Fishery Law of the People's Republic of China" and other laws and administrative regulations shall be formulated in conjunction with the actual situation of the province.
Article 2 These regulations shall be complied with when engaging in fishery production and activities related to fishery within the administrative area of ​​the province.
Article 3 The people's government at or above the county level shall incorporate the development of fishery into the national economic and social development plan, strengthen the unified planning and comprehensive exploitation of water areas and mudflats, strengthen the protection of fishery resources, fishery ecological environment and the supervision and management of aquatic product quality, and increase Investment in fishery infrastructure construction will support large-scale and characteristic breeding, develop aquatic product processing, and promote the development of fishery industrialization.
Article 4 The fishery authority of the People's Government of the province is in charge of fishery work in the province. The fishery authorities of the people’s governments of the municipalities, counties (cities, and districts) that are located in the district shall be responsible for the fishery work within their administrative areas. The fishery authority of the people's government at or above the county level may establish fishery supervision and administration agencies in important fishery waters and fishing ports and provide fishery administrative law enforcement personnel.
Development and reform, finance, water conservancy, forestry, land and resources, transportation, environmental protection, health, business, industry and commerce, public security, safety production supervision, quality and technical supervision, inspection and quarantine, urban and rural planning and other relevant departments are responsible for fishery management in accordance with their respective responsibilities. Related work.
Article 5 The supervision and administration of fisheries shall adopt the principles of unified leadership and hierarchical management.
The fisheries of Poyang Lake and the Yangtze River in Jiangxi Province shall be supervised and managed by the fishery authorities of the People's Government of the People's Government and their subordinate fishery supervision and administration agencies. Fisheries in other waters shall be supervised and managed by the fishery authorities of the people's governments of the cities, counties (cities, districts) or their respective fishery administrative agencies under the jurisdiction of the administrative regions, and shall be negotiated by the relevant people’s governments at or above the county level across administrative regions. The management shall be supervised and managed by the common fishery authorities of the people's government at the next higher level and their respective fishery supervision and administration agencies.
Article 6 The research and application of fishery science and technology shall be encouraged, advanced technologies and fine varieties shall be promoted, and the scientific level of fishery shall be improved.
Fisheries producers are encouraged to establish or participate in fishery professional cooperative economic organizations voluntarily according to law, and establish collaborative relationships in which risks are shared and benefits are shared.
Article 7 People's governments at various levels shall take measures to reduce the burden on fishery producers. Except for the taxes and fees stipulated by the national and provincial people's governments, no unit or individual may charge, apportion or raise funds from fishery producers.
The approved administrative fees, the scope of charges, and the charging standards shall be announced to the public. Fees should be issued with bills printed by the provincial government. Fisheries producers have the right to refuse to pay bills that are not printed with the provincial fiscal uniform printing.
Article 8 The people's governments at and above the county level and their relevant departments shall establish and improve fishery production risk prevention mechanisms, strengthen risk prediction and risk warning, and encourage fishery producers to participate in mutual insurance and commercial insurance.
The occurrence of major natural disasters and other emergencies will cause major losses to the fishery producers. The local people's governments shall take emergency measures and provide assistance for fishery producers to resume production; the people's governments at or above the county level shall, in accordance with their duties, the civil affairs, finance, and fishery authorities. The division of labor gives appropriate assistance to fishermen who have basic difficulties in life and meet the conditions for relief.
Article 9 Units and individuals that have made outstanding achievements in fishery production, fishery resources protection, aquatic product quality and safety, fishery scientific and technological research and promotion, fishery supervision and management, etc., and people's governments at and above the county level shall be given commendations and rewards in accordance with relevant regulations.
Chapter II Farming Industry Article 10 The fishery authority of the people's government at or above the county level shall formulate a unified plan for the use of water areas and tidal flats in accordance with the State and the province, and shall work with the competent departments of development and reform, land and resources, water conservancy, environmental protection, urban and rural planning and forestry. The plans for aquaculture in this administrative area shall be implemented after approval by the people's government at the same level.
Aquaculture planning should be linked to overall plans for land use, general plans for water conservancy and soil and water conservation, environmental protection planning, urban and rural planning, and wetland conservation planning.
Aquaculture planning should reasonably determine the water areas and tidal flats used for aquaculture, and at the same time, divide the aquaculture functional areas according to the conditions of the water area and the tidal flat environment, rationally arrange the aquaculture layout, and determine the aquaculture scale and culture methods.
Article 11 Units and individuals that use the country's waters and beaches to engage in aquaculture shall apply to the competent fishery authorities of the people's governments at or above the county level that have jurisdiction over them.
The application for issuance of a culture certificate shall meet the following conditions:
(1) The water areas, tidal flats, scales, and methods applied for aquaculture conform to aquaculture planning;
(2) Having corresponding production and management capabilities;
(3) Other conditions stipulated by laws and regulations.
Article 12 The fishery authority of the people's government at or above the county level shall complete the written examination and on-site verification of the application materials within ten working days from the date of acceptance of the application for breeding. If the conditions are met, the application for aquaculture shall be publicized within two working days from the date of completion of the examination and verification, and the public announcement period shall be ten days; if it does not meet the conditions, it shall be two years from the date of completion of the examination and verification. Within one working day, notify the applicant in writing and explain the reasons.
If there is no objection at the expiry of the public announcement period, the fishery authority of the people's government at or above the county level shall apply to the people's government at the corresponding level for issuing a culture certificate, permitting the aquaculture applicant to use the water area or the mudflat for aquaculture.
Article 13 The people's governments at or above the county level shall prioritize the following local fishery producers to engage in aquaculture when issuing aquaculture certificates for all waters and beaches in the country:
(1) To engage in aquaculture as the main source of living in waters and beaches;
(2) For the adjustment of the industrial structure of the fishery industry, the conversion from fishing industry to aquaculture;
(3) As a result of planning and adjustment of aquaculture waters and tidal flats, it is necessary to arrange aquaculture waters and tidal flats for aquaculture.
Article 14 After contracting a collectively owned peasant or all of the country’s waters and beaches used by farmers collectively to engage in aquaculture, after signing a contract of contract in accordance with law, they may apply to the fishery authority of the people's government at or above the county level for a permit for the acquisition of aquaculture.
Article 15 The legal rights to use waters and beaches for obtaining aquaculture certificates and the right to use contracted land shall be protected by law. No unit or individual may infringe.
Where it is necessary for the public interest to recoup all aquaculture waters and mudflats that have been used by units or individuals legally permitted by the law, it shall provide compensation to the aquaculture unit or individual according to law.
If it is necessary to expropriate collectively owned water areas and beaches for national construction, it shall be handled in accordance with the laws and regulations governing land management.
Article 16 The people's governments at or above the county level shall take measures to strengthen the protection of basic aquaculture ponds such as commercial fish production bases, aquaculture seedling bases, and important aquaculture waters in urban suburbs, and stabilize the area of ​​basic aquaculture waters.
The fishery authorities of the people's government at or above the county level shall take measures to promote the construction of aquaculture healthy aquaculture demonstration areas and non-prescribed aquatic animal disease areas.
Article 17 The production of aquatic fingerlings shall be subject to a permit system. Units and individuals engaged in the production of aquatic fingerlings shall, in accordance with the laws and regulations governing the management of aquatic fingerlings, apply to the competent fishery authority of the people’s government at or above the county level for a production license for the production of aquatic fingerlings. Engaged in production. Fisheries producers are self-fertilized and have their own aquatic product.
Article 18 Units and individuals engaged in aquaculture shall observe the following provisions:
(1) Where an aquaculture certificate is obtained, aquaculture shall be carried out in accordance with the scope, scale, mode and duration of the culture specified in the aquaculture certificate;
(2) Complying with the laws and regulations of the State concerning fishery drugs, feeds, feed additives and animal epidemic prevention, and implementing the aquaculture technical standards and specifications;
(3) For bait-feeding, the bait-feeding capacity shall be controlled in accordance with the aquaculture plan, and no bait-raising shall be carried out in the drinking water source protection zone;
(4) No inorganic fertilizers, organic fertilizers, biological compound fertilizers, etc. shall be used for aquaculture in rivers, lakes and reservoirs.
Article 19: Units engaged in aquaculture shall establish aquatic product production records and truthfully record the names, sources, usages, usages, dates of use and decommissioning of aquaculture inputs, occurrence and control of epidemic diseases, dates of harvesting and fishing, etc. . Aquatic product production records should be kept for two years.
Individuals engaged in aquaculture are encouraged to establish production records for aquatic products.
Chapter III Fishing Industry Article 20 The fishing quota system shall be implemented in accordance with the principle that the amount of fish caught is lower than the growth of fishery resources.
The total amount of fishing quotas for Poyang Lake and the Yangtze River in Jiangxi Province is formulated by the fishery authority of the People's Government of the People's Government and submitted to the provincial People's Government for approval. The total amount of fishing quotas for other rivers and lakes is determined by the relevant cities, counties, and cities. And the People's Government of the People's Republic of China is determined or negotiated and determined and issued in stages. The allocation of fishing quotas should reflect the principle of fairness and fairness. The distribution methods and distribution results should be announced to the public and monitored.
Article 21 The fishing industry adopts a fishing license system. Units and individuals engaged in fisheries fishing and production in rivers, lakes and reservoirs should apply for fishing licenses according to law. If no fishing license is obtained, no fishing operations may be conducted.
The fishing licenses for Poyang Lake and the Yangtze River are approved and issued by the fishery authority of the People's Government of the People's Republic of China; fishing licenses for other waters are approved by the competent fishery authorities of the municipal, county (city, district) people's governments. Issued.
Article 22 With the following conditions, the fishery authority of the people's government at or above the county level shall, within ten working days from the date of accepting the application for fishing, approve the issuance of the fishing license:
(1) There is a fishery vessel inspection certificate;
(b) There is a fishery vessel registration certificate;
(3) Complying with other conditions prescribed by the fishery authority of the State Council.
The fishing licenses approved and issued by the fishery authorities of the people’s governments at or above the county level shall be compatible with the quotas for fishing quotas issued by the fishery authorities of the higher people’s governments.
Article 23 Units and individuals engaged in fishing production shall abide by the following provisions:
(1) Operating according to the type, location, time limit, number of fishing gears and fishing quotas approved for the fishing license;
(2) Complying with the provisions of the State and the Province on the protection of fishery resources, including prohibited fishing areas and closed fishing seasons;
(3) carrying fishing licenses and fishing vessel crew certificates on board;
(4) Equipped with such equipment as lifesaving, fire fighting, navigation, signals, and sewage collection and disposal in accordance with national regulations to ensure that the fishing vessels comply with the requirements for adequate navigation and take full responsibility for the safe production of fishing vessels;
(5) Fixed fishing gear must not be set on the fairways, ports, ferry terminals and ferry routes to affect normal navigation.
Article 24 The people's government at or above the county level shall strengthen the construction of public facilities such as fairways, navigation aids, navigation and communication warnings for the common use of fishing ports and fishing ports, as well as routine maintenance and management, so as to maintain the normal order of fishing ports. Units and individuals are encouraged to invest in fishing port construction.
Article 25 People's governments at or above the county level shall guide and support fishermen engaged in long-term fishing operations in aquaculture, recreational fisheries or other occupations; fishermen who plan to switch to production in a unified way shall receive employment training, social security, and children's education. Support it.
Chapter IV Proliferation and Protection of Fishery Resources Article 26 The people's governments at and above the county level and their fishery authorities shall organize to carry out artificial proliferation and release in the important fishery waters to increase fishery resources.
In the case of artificial proliferation and release, the use of aquatic species that do not meet ecological requirements is prohibited.
Aquatic organisms such as broodstocks and seedlings used for artificial proliferation and release shall be native species; seedlings shall be native species or sub-generations of native species, and if other types of seedlings need to be released, they shall pass experts organized by the fishery authority of the People's Government of the province. Demonstration. Aquatic biological species used for artificial proliferation and release should be provided by qualified production units.
Article 27 Units and individuals that fish natural and artificially-proliferating fishery resources in rivers, lakes and reservoirs shall pay for the proliferation of fishery resources.
The proliferation protection fees for fishery resources shall be levied by the fishery authority of the people's government at or above the county level and shall be specifically used for the proliferation and protection of fishery resources.
Article 28 People's governments at or above the county level shall strengthen the construction and management of aquatic wildlife and nature reserves, protect biodiversity, and give priority protection to rare and endangered aquatic wildlife and their places of origin.
It is forbidden to kill, harm, sell, purchase, process, transport, carry white dolphins, finless porpoise, Chinese sturgeon, white plover, carp and other countries and aquatic wildlife and its products that are under special protection in this province, and the Convention on International Trade of Endangered Species of Wild Fauna and Flora. Appendix listed aquatic wildlife and its products.
Article 29 People's governments at and above the county level and their fishery authorities shall strengthen the protection of aquatic germplasm resources, endemic aquatic resources and their living environment.
The fishery authorities of the Provincial People's Government shall delimit provincial-level aquatic germplasm resources conservation areas in accordance with the law to protect the germplasm resources of endangered or highly economic aquatic organisms and their living environment. The specific list shall be determined by the fishery authority of the Provincial People's Government.
Article 30 In accordance with the state of fishery resources and the ecological environment of fishery, the system of closed fishing areas and closed fishing seasons shall be implemented.
Poyang Lake, the Yangtze River in the Jiangxi Province, and the Pearl River Basin in the restricted water area in Jiangxi Province, the closed area, according to national regulations. The closed fishing areas and closed fishing seasons in the waters of the Minjiang River, Xinjiang River, Fuhe River, Raohe River, and Xiuhe River are proposed by the fishery authority of the People's Government of the People's Government and submitted to the People's Government of the People's Government for approval.
In fishing prohibited areas and closed fishing seasons, fishing operations are prohibited and sales of prohibited fishery areas are prohibited.
Article 31 People's governments at or above the county level in fishery waters, beaches engaged in sand mining, dam construction, gate construction, bridge construction, dock construction, riverway (waterway) regulation, mining, blasting, and setting up of factory sewage outlets The competent department of environmental protection shall solicit the opinions of the fishery authorities at the same level before approving or approving the environmental impact assessment documents.
In the case of underwater blasting, exploration and other construction operations that have serious impacts on fishery resources and fishery ecological environment, the operating entity shall consult with the relevant fishery authorities of the people's government at or above the county level in advance and take precautionary measures. The people’s governments at or above the county level shall be involved. The fishery authorities shall supervise and enforce such measures so as to prevent or reduce the damage to the fishery resources and the fishery ecosystem. If the loss of fishery resources is caused, the people’s government at or above the county level shall order compensation.
Article 32 When aquaculture waters are used for agricultural irrigation, drainage and flood storage, the principle of fishermen and farmers shall be taken into consideration. The local people's government shall determine the minimum water level required for fishery production according to actual conditions. If fishery resources are not lost as a result of operations that are not in accordance with the determined minimum water mark, compensation shall be paid according to law.
Reservoir fish farming shall not affect drinking water sources, irrigation, navigation, flood control, power generation and dam safety.
Article 33 It is forbidden to make land around the lake and aquaculture around the lake. Tidal flats along the river and along the lake shall not be used for unauthorized cofferdams; important seed bases and breeding sites shall not be coffered.
Article 34 It is forbidden to use fishing methods such as using electric fish, poisoned fish and fried fish to destroy fishery resources. It is prohibited to use nets smaller than the minimum mesh size for fishing.
It is forbidden to use fixed nets, mobile bottom trawls, barrage nets, sucking snails (clams and locusts), and other fishing gear and fishing methods in natural waters; the use of deep-water nets, plug-ins and triple gill nets is prohibited in the Yangtze River waters. .
It is forbidden to produce, sell, use prohibited fishing gear or promote prohibited fishing gear and fishing methods.
Article 35 It is forbidden to dump pollutants and wastes into fishery waters and beaches.
The fishery authority of the people's government at or above the county level shall be responsible for monitoring the pollution of fishery waters. If the pollution causes damage to fishery resources and fishery production, it shall be investigated and handled by the fishery authority of the people's government at or above the county level.
Chapter V: Quality and Safety of Aquatic Products Article 36 The people's governments at or above the county level shall gradually establish and improve the quality and safety inspection system for aquatic products, and improve the market safety access system for aquatic products.
The fishery authorities of the people's governments at or above the county level shall strengthen the supervision and management of aquaculture, input of aquaculture inputs, output products and the environment of the place of production, and strengthen the prevention and quarantine of aquatic organisms in accordance with the relevant regulations of the State.
The competent departments of quality and technology supervision, industry and commerce, etc. of the people's governments at or above the county level shall, in accordance with their respective responsibilities, strengthen the supervision and administration of the quality and safety of aquatic products processing, transportation, and sales.
Article 37 The system for the identification of the origin of pollution-free aquatic products and product certification shall be implemented. The identification of the origin of pollution-free aquatic products and product certification shall be implemented in accordance with national regulations. After being certified, certified, and obtained in accordance with the law, the certificate of origin of agricultural production of pollution-free agricultural products, product certification certificates and signs, any units and individuals shall not be forged, fraudulently used, transferred, altered, leased.
Article 38 The water for aquaculture shall comply with the water quality standards for aquaculture, the water intake and drainage systems at the breeding sites shall be separated, and the aquaculture wastewater discharge shall comply with the national standards.
Units and individuals engaged in aquaculture shall strengthen the monitoring of the aquaculture water quality. When the aquaculture water quality is polluted, they shall be immediately stopped from use and shall be used after the purification treatment reaches the aquaculture water quality standard; if the pollution is serious, the local fishery authority shall be promptly reported.
Article 39 Production enterprises of fishery medicines, feedstuffs and feed additives shall carry out production according to the standards and requirements stipulated by the State, and shall not produce products that do not meet the quality standards.
Units and individuals selling fishery drugs, feeds and feed additives shall be responsible for the quality of the commodities they sell, and may not sell illicit drugs or commodities that do not meet quality standards.
Article 40 The fishery, veterinary, and feed administrative departments of the people's governments at or above the county level shall organize the supervision and inspection of fishery medicines, feedstuffs and feed additives in accordance with the division of duties.
The quality and technical supervision department of the People's Government of Shaanxi Province shall, together with the competent department of agriculture at the same level, list fishery medicines, feeds, feed additives and aquatic products into the annual work plan for quality supervision and spot checks, carry out random inspections on a regular basis, and timely publish the results of spot checks to the public. .
Article 41 Units engaged in aquaculture shall establish a quality inspection system for aquatic products to ensure the quality and safety of aquatic products.
Aquatic products produced by farmers using illicit drugs shall be disposed of harmlessly under the supervision of the fishery authority of the people's government at or above the county level, and the cost of the treatment shall be borne by the farmers.
Article 42 When the fishery waters are subject to sudden pollution, the fishery authority of the people's government at or above the county level shall report to the fishery authorities of the people's government at the corresponding level and the people's government at the next higher level in a timely manner. With the approval of the people's government at the same level, the fishery authority of the people's government at or above the county level may issue an announcement prohibiting the collection of fishery products within the stipulated time limit and in the contaminated area; when the situation is serious, other emergency measures shall be taken.
Article 43 It is forbidden to use preservatives, preservatives, additives and other materials that are banned or not in compliance with quality standards by the State for the processing, storage and transportation of aquatic products, and prohibit the listing of aquatic products that contain toxic and hazardous substances that do not meet the quality and safety standards. Sales.
Article 44 Enterprises engaged in the processing and sale of aquatic products and farmers' professional cooperative economic organizations shall establish business archives and record relevant information such as sources of products, suppliers, and whereabouts of products.
Chapter VI Legal Responsibilities Article 45 Where any of the following acts is committed by the fishery authority, fishery supervision and administration institution and its staff of the people's government at or above the county level, it shall be punished according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to issue a license for aquaculture or fishing license in accordance with law;
(2) Participate in or engage in fishery production and business activities;
(3) Violating the regulations on the collection and use of fishery resources, multiplication protection fees, etc.;
(4) failing to perform the duties of fishery safety production management according to law;
(5) Failing to perform the duties of supervision and management of aquatic products quality and safety in accordance with the law, resulting in a safety accident in aquatic products;
(6) There are other acts of negligence, abuse of power, and malpractice for personal gains.
Article 46 In violation of the provisions of the third item of Article 18 of these Regulations, when feeding and breeding aquaculture in a drinking water source protection zone, it shall be ordered to make corrections and a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed.
In violation of the fourth item of Article 18 of the Regulations, if inorganic fertilizers, organic fertilizers, biological compound fertilizers, etc. are used for aquaculture in rivers, lakes, and reservoirs, they shall be ordered to make corrections; if the water environment is seriously polluted, they shall be more than 10,000 yuan. Ten thousand dollars shall be fined.
Article 47 Whoever violates the provisions of Item 23 of Article 23 of the Regulations and fails to accompany the ship with lifesaving, fire fighting, navigation, signals, and waste collection and disposal equipment, shall be ordered to make corrections, and shall be disposed between 1,000 yuan and 5,000 yuan. fine.
Article 48 Whoever violates the provisions of paragraph 2 of Article 26 of these Regulations and applies artificial breeding and releasing water and places aquatic species that do not meet the ecological requirements shall be fined not less than 1,000 yuan but not more than 5,000 yuan; if the circumstances are serious, A fine of between 10,000 yuan and 30,000 yuan shall be imposed.
Article 49 Those who violate the provisions of paragraph 3 of Article 30 of these Regulations and sell the fish caught in the closed fishing area shall be confiscated of their catch and illegal income, and shall be imposed on a fine of not less than 500 yuan but not more than 5,000 yuan.
Article 50 Anyone who violates Article 37 of these Regulations and falsifies, fraudulently uses, transfers, alters, leases the certificate of origin of a pollution-free agricultural product, product certification certificate, and sign shall be punished by relevant departments of the people's government at or above the county level according to their respective duties. , Order to correct, confiscate the illegal income, and impose a fine of 2,000 yuan up to 10,000 yuan.
Article 51 In violation of the provisions of Article 42 of these Regulations, if the fishery products are caught within the time limit and within the contaminated area, they shall be ordered to stop the illegal activities and a fine of 5,000 yuan up to 20,000 yuan shall be imposed.
Article 52 The administrative penalty provided for in these Regulations shall be implemented by the fishery authority of the people's government at or above the county level or its subordinate fishery supervision and administration institution, unless otherwise provided by laws and regulations.
Any other act that violates these regulations shall be punished in accordance with the relevant laws and regulations.
Chapter VII Supplementary Provisions Article 53 This Regulation shall come into force on July 1, 2012.
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