Measures of Beijing Municipality on Implementing the Fisheries Law of People's Republic of China (PRC) (revised 1997)

Article 1 These Measures are formulated in accordance with the Fisheries Law of People's Republic of China (PRC) and its detailed rules for implementation, combined with the actual situation of this Municipality.

Engaged in aquaculture, fishing and other fishery production activities in all waters within the administrative area of this Municipality, must abide by the Fisheries Law and its implementation rules and these measures. Article 2 The Municipal People's Government and the relevant district and county people's governments shall strengthen the unified planning and comprehensive development and utilization of water areas. Fishery production should follow the principle of giving priority to aquaculture and reasonable fishing, encourage scientific research, popularize advanced technology and promote production development. Article 3 The Agriculture and Forestry Office of the Municipal People's Government is the fishery administrative department of this Municipality, and is responsible for the fishery work of this Municipality. The fishery administrative departments of the district and county people's governments shall be responsible for the fishery work within their respective administrative areas.

The administrative departments of public security, environmental protection, water conservancy, landscape architecture and industry and commerce at all levels shall, according to their respective functions and duties, cooperate with the fishery administrative departments to implement the Fisheries Law, its detailed rules for implementation and these Measures. Article 4 The municipal, district and county fishery administrative departments shall set up fishery supervision and management stations, exercise fishery supervision and management power according to law, protect and proliferate fishery resources, issue aquaculture use licenses and fishing licenses, and maintain fishery production order. Fifth fishery administrative departments and fishery supervision and management stations shall set up fishery inspectors.

Fishery inspectors have the right to inspect aquaculture licenses, fishing licenses, fishing gear, catches and fishing methods according to law.

Fishery inspectors must produce fishery inspection certificates when performing official duties. Article 6 Villages and towns with large fishery waters may establish mass organizations to protect fishery, and carry out publicity and education on fishery legal system under the guidance of district and county fishery administrative departments and their fishery supervision and management stations, so as to maintain fishery production order and protect fishery resources.

Villagers' committees may formulate village rules and regulations concerning the protection of fishing. Article 7 Fishery production facilities and products owned by units under ownership by the whole people, units under collective ownership and individuals, as well as the right to use aquaculture water surface obtained according to law are protected by law, and no unit or individual may occupy or destroy them. Article 8 People's governments at all levels shall, in accordance with the principle of unified planning and rational development, support rural collective economic organizations to build artificial fish ponds by using abandoned pits, wasteland and wasteland.

The construction of artificial fish ponds shall not occupy cultivated land or endanger roads, transportation, electric power, national defense and water conservancy projects.

Without the approval of the district and county fishery administrative departments, no unit or individual may fill artificial fish ponds for reclamation.

* Note: The administrative licensing item of "Approval of Artificial Fish Pond Reclamation" in this paragraph has been stopped by the Decision of the Standing Committee of Beijing Municipal People's Congress on Stopping the Implementation of Some Administrative Licensing Items in Beijing Local Regulations (release date: May 27th, 2004, implementation date: May 27th, 2004). Ninth agricultural collective economic organizations of aquaculture production, the implementation of collective management, professional contracting. Scattered ponds can also be contracted by individuals.

If a collectively owned fish pond is contracted to engage in fishery production, it shall sign a contract in accordance with the Regulations of Beijing Municipality on the Contract of Agricultural Joint Production, and pay the funds for the reconstruction and construction of artificial fish ponds according to the provisions of the contract. Tenth engaged in fishery production activities in the reservoir, must abide by the provisions of the protection of water conservancy facilities and water sources, and shall not affect flood control, water supply, water pollution, and shall not affect the main functions of the reservoir.

The establishment of fishery facilities within the scope of reservoir management must obtain the consent of the water conservancy project management department. Article 11 Stocking measures for fish species and other value-added fishery resources shall be formulated by the municipal fishery administrative department jointly with the local county people's government and the reservoir management institution, and the county people's government shall organize aquaculture and fishing production; Other reservoirs owned by the whole people with fishery production conditions shall be applied to the local district or county people's government by the reservoir management agency to organize fishery production. When organizing fishery production, priority should be given to immigrant villages in the reservoir area.

Rivers and lakes with fishery production conditions, by the rivers and lakes management agencies to the municipal fishery administrative departments to apply for a breeding license, organize fishery production.

Collectively owned reservoirs shall be organized by rural collective economic organizations with reservoir ownership for fishery production. Twelfth whoever is engaged in fishing production in the reservoir must apply to the county fishery administrative department and obtain a fishing license.

Fishing licenses are mainly issued to collective economic organizations and reservoir management institutions in immigrant villages in the reservoir area. Without the approval of the municipal fishery administrative department, other units and individuals shall not be put into storage for fishing. Thirteenth municipal fishery administrative departments shall, jointly with the municipal water conservancy and environmental protection departments, determine the control index of reservoir fishing net tools.

The fishery administrative department of the county shall issue fishing licenses according to the control indicators of ship nets and tools, and shall not break through. Article 14 Anyone who engages in fishing production with a fishing license shall pay the value-added protection fee for fishery resources, and the charging standards and measures shall be implemented in accordance with the provisions of the Municipal People's Government. Fifteenth fishing licenses shall not be sold, leased or illegally transferred in other forms, and shall not be altered. Sixteenth municipal fishery administrative departments shall, jointly with the municipal water conservancy and environmental protection departments, make unified planning and rationally develop cage fish culture production in reservoirs, rivers and lakes. Seventeenth fishery administrative departments shall, according to the needs of production, organize seed production, introduce and popularize excellent varieties, and provide technical guidance and other services.

The imported or sold foreign fry shall be quarantined by the fishery administrative department.