Provisions of Xiamen Municipality on the Management of Shallow Sea Tidal Flat Culture

Article 1 In order to strengthen the protection, development and rational utilization of fishery resources in shallow seas and beaches, protect the fishery ecological environment and promote the healthy development of aquaculture, these Provisions are formulated in accordance with the provisions of the Fisheries Law of People's Republic of China (PRC) and other laws and regulations, and combined with the actual situation of this Municipality. Article 2 The term "shallow sea" as mentioned in these Provisions refers to the shallow sea area planned by Xiamen for aquaculture and proliferation.

The term "tidal flat" as mentioned in these Provisions refers to the intertidal zone used for aquaculture and other tidal flats connected with the intertidal zone in Xiamen's sea area functional zoning planning. Article 3 The development and utilization of shallow seas and beaches shall be under unified leadership and managed at different levels.

The municipal fishery administrative department and its subordinate fishery superintendency agencies shall be responsible for the supervision and management of the development and utilization of shallow seas and beaches and the protection areas for the proliferation of fishery seedlings in the city.

The fishery administrative department of the county (district) and its subordinate fishery superintendency agencies shall be responsible for the supervision and management of shallow sea and tidal flat development and utilization and fishery seedling proliferation protection areas under their jurisdiction in accordance with these Provisions. Article 4 The municipal fishery administrative department shall, according to the functional zoning of Xiamen's sea area, formulate the development plan of Xiamen's shallow-sea beach aquaculture industry, which shall be implemented after being audited by the Marine Management Office of Xiamen Municipal People's Government and approved by the municipal government. Article 5 The adjacent counties and districts of this Municipality shall demarcate the boundaries of aquaculture management according to the demarcated administrative areas. If the management boundary is not clear, it shall be delineated by the neighboring counties and district governments through consultation. If negotiation fails, it shall be reported to the municipal government for confirmation. Article 6 Shallow seas and beaches planned for aquaculture and proliferation in Xiamen's marine functional zoning may be allocated to citizens, legal persons and other organizations to engage in aquaculture activities according to law. Seventh citizens, legal persons and other organizations to apply for the use of shallow seas and beaches for aquaculture, according to the following provisions:

1. Anyone who uses shallow seas and beaches in Tong 'an County to engage in aquaculture shall apply to the fishery administrative department of Tong 'an County, report it to the Tongan County government for approval after examination, issue a sea area use certificate and a aquaculture use certificate, and confirm the right to use the sea area; After the issuance of the sea area use certificate and the aquaculture use certificate, the fishery administrative department of Tongan County shall report to the Municipal Marine Management Office;

(2) Those who use shallow seas and beaches in various districts to engage in aquaculture shall apply to the fishery administrative departments in various districts, and report to the municipal government for approval after preliminary examination and review by the municipal fishery administrative departments, issue sea area use certificates and aquaculture use certificates, and confirm the right to use sea areas;

3. Make a decision of approval or disapproval within 60 days after receiving all the materials for applying for shallow sea and tidal flat culture. If it is not approved, it shall explain the reasons in writing to the applicant. Article 8 Citizens, legal persons and other organizations that use shallow seas and beaches for aquaculture shall pay the shallow seas and beaches use fees according to the use area.

Measures for the administration of the collection and use of royalties in shallow sea and tidal flat areas shall be formulated by the municipal price administrative department in conjunction with the municipal finance department, the fishery administrative department and the municipal marine management office, and implemented after being reported to the municipal government for approval. Article 9 Citizens, legal persons and other organizations must submit the following materials when applying for shallow sea and tidal flat culture:

1. Basic information of the applicant;

(two) the location and area of the shallow sea and beach to be used;

(3) Breeding varieties, service life of shallow beaches, investment scale and sources of funds;

4. Feasibility study report;

Opinions of town government or village committee where shallow sea and tidal flat are located. Article 10 The aquaculture use certificate shall be uniformly printed by the municipal fishery administrative department. Eleventh breeding certificate shall not be sold, leased, altered or forged. Article 12 The maximum service life of shallow sea and tidal flat culture is 10 year.

The maximum service life of aquaculture in the restricted area is 3 years.

The longest service life of aquaculture that can be used for aquaculture in the reserved area is 5 years. Thirteenth shallow water, beach culture service life expires, citizens, legal persons and other organizations can apply for renewal.

Citizens, legal persons and other organizations that apply for the continued use of shallow seas and tidal flats shall re-apply for aquaculture use certificates and sea area use certificates within 60 days before the expiration of the service life of shallow seas and tidal flats. Article 14 If the application for renewal has not been applied or the application for renewal has not been approved after the expiration of the service life of shallow-sea and tidal flat aquaculture, the cancellation procedures of the aquaculture use certificate and the sea area use certificate shall be handled with the fishery administrative department that originally accepted the application for shallow-sea and tidal flat aquaculture. Users shall dismantle the breeding facilities and their accessories within the prescribed time limit. Fifteenth shallow seas and beaches can be contracted by units or individuals to engage in aquaculture production. Article 16 Citizens, legal persons and other organizations that use shallow seas and beaches for aquaculture must use shallow seas and beaches within the prescribed scope and time limit, and shall not abandon or change the use of shallow seas and beaches at will, and have the responsibility to protect the production conditions, infrastructure and fishery resources of shallow seas and beaches from damage. Article 17 The municipal fishery administrative department shall designate protected areas and closed fishing periods for the proliferation of fishery seedlings in the natural spawning grounds, feeding grounds, breeding grounds and important migration routes of important aquatic organisms such as fish, shrimp, crab, shellfish and algae in shallow waters and beaches, and set minimum harvesting standards, which shall be implemented after being approved by the municipal government. Eighteenth important aquatic animal seeds and their parents needed for shallow sea and beach culture should be obtained through artificial propagation. Artificial farming can not meet the needs, must be approved by the municipal fishery administrative department, according to the approved time, place and quota for paid fishing; It is strictly forbidden to catch and collect indiscriminately.