Regulations of Zhejiang Province on Fisheries Management

Chapter I General Provisions Article 1 In order to strengthen the protection, proliferation, development and rational utilization of fishery resources, safeguard the legitimate rights and interests of fishery producers, ensure the quality and safety of aquatic products, and promote the sustainable development of fisheries, these Regulations are formulated in accordance with the Fisheries Law of People's Republic of China (PRC) and other laws and administrative regulations, combined with the actual situation of this province. Article 2 Those who engage in aquaculture, fishing and other fishery production activities in the waters and beaches within the administrative region of this province and the waters that are subject to fishery supervision and management by this province as stipulated by the state shall abide by these regulations. Article 3 The people's governments at or above the county level shall incorporate fishery development into the national economic and social development plan, strengthen the unified planning and comprehensive utilization of water areas, increase capital investment, improve the level of fishery science and technology, protect the ecological environment of water areas, and strengthen the supervision and management of aquatic product quality and the proliferation and protection of fishery resources.

The people's governments at or above the township level shall strengthen their leadership over the work of fishery production safety and perform their duties of supervision and administration of production safety according to law. Villagers' committees and fishery professional cooperative organizations shall assist in the management of fishery safety production. Fourth fishery administrative departments at or above the county level shall be responsible for the fishery management within their respective administrative areas. Cross-administrative areas, by their common superior fishery administrative departments or the relevant fishery administrative departments designated by them.

Public security, frontier defense, environmental protection, water conservancy, transportation, maritime affairs, industry and commerce, quality and technical supervision, land and resources, agriculture and other administrative departments. Should be in accordance with their respective responsibilities, do a good job in fishery management. Fifth fishery administrative departments at or above the county level shall set up fishery administration and fishing port supervision and management institutions in important fishery waters and fishing ports to exercise supervision and management duties.

Fishery inspectors shall supervise and inspect fishery production activities in strict accordance with their duties, authority and procedures, and consciously accept the supervision of society and citizens. Article 6 Fishery producers shall abide by the laws and regulations concerning the quality and safety of aquatic products and production safety, ensure the quality and safety of aquatic products, protect the fishery environment, promote the proliferation of fishery resources, perform the duties and obligations of production safety and ensure production safety. Seventh encourage fishery producers to form or join professional fishery cooperation organizations according to law. Chapter II Aquaculture Article 8 The people's governments at or above the county level shall organize the departments of development and reform, fisheries, water conservancy and transportation. According to the comprehensive utilization plan of waters at the next higher level, formulate the comprehensive utilization plan of waters in this administrative region, determine the waters and beaches for aquaculture, and announce them to the public.

Fishery administrative departments at or above the county level shall, according to the aquaculture planning at the next higher level, prepare the aquaculture planning of their respective administrative areas, which shall be balanced by the administrative departments of development and reform at the same level and implemented after being reported to the people's government at the same level for approval.

Aquaculture planning should be based on the ecological environment and natural carrying capacity of different aquaculture areas, and determine reasonable aquaculture types, capacities and methods. Ninth units and individuals engaged in aquaculture production using waters and beaches owned by the whole people shall apply to the fishery administrative department at or above the county level for a aquaculture license.

To apply for a breeding certificate, the following conditions shall be met:

(a) the scope of the application for aquaculture conforms to the comprehensive utilization plan of water areas;

(2) The breed, scale and mode of breeding conform to the breeding plan;

(3) Having corresponding production and operation capabilities;

(4) Other conditions stipulated by laws and regulations.

The fishery administrative department at or above the county level shall examine the materials provided by the applicant and the relevant information. Meet the conditions, reported to the people's government at the same level for approval, and issued a breeding certificate; Do not meet the conditions, shall not issue a breeding license, and explain the reasons in writing. Tenth local fishery producers engaged in aquaculture in waters and beaches owned by the whole people, should give priority to obtain permission:

(a) mainly rely on nearby waters and beaches owned by the whole people to maintain their basic livelihood;

(two) due to the adjustment of fishery industrial structure, the fishing industry has changed to aquaculture;

(three) due to the adjustment of water comprehensive utilization planning, it is necessary to arrange aquaculture waters and beaches separately. Article 11 Anyone who contracts for aquaculture production in waters and beaches owned by collectives or owned by the whole people and used by collective economic organizations shall engage in aquaculture production after signing a contract according to law, and may apply to the fishery administrative department at or above the county level for a aquaculture license. Those who meet the conditions stipulated in the second paragraph of Article 9 of this Ordinance shall be issued with a breeding certificate by the people's government at the corresponding level. Twelfth aquaculture producers should carry out aquaculture production in accordance with the scope, variety, scale, mode and time limit specified in the aquaculture certificate. Thirteenth because of the need of public interest, the expropriation or requisition of collectively owned waters and beaches shall be handled in accordance with the provisions of the state and the province on the expropriation or requisition of collectively owned land.

If the waters and beaches owned by the whole people that have been determined to be used by units and individuals are recovered in advance due to the needs of public interests, compensation shall be given according to law. Article 14 Units and individuals engaged in the production of aquatic seedlings shall apply to the fishery administrative department at or above the county level, and can only produce them after approval, except for aquatic seedlings that are autotrophic for their own use. Chapter III Fisheries Article 15 The coastal people's governments at or above the county level and their departments in charge of development and reform, finance and fishery administration shall take effective measures to encourage and support the development of offshore fisheries.

The people's governments at or above the county level shall, according to the fishing capacity of fishery resources, rationally adjust the offshore fishing capacity and strictly control the fishing intensity of coastal fishing grounds and rivers and lakes.