Shanghai Interim Provisions on Aquaculture Protection

Chapter 1 General Provisions Article 1 In order to protect aquaculture, protect the legitimate rights and interests of aquaculture farmers, develop aquaculture and meet the needs of the people, in accordance with the "Constitution of the People's Republic of China" and the "Aquatic Products" of the State Council "Regulations on the Protection of Resource Breeding" and relevant laws and regulations, and based on the specific conditions of this city, these regulations are formulated. Article 2 These regulations apply to all waters and river beaches within the jurisdiction of this city, including rivers (rivers), lakes, rivers (gullies), ponds (garden ditches), intensive fish ponds, reclaimed extensive fish ponds, etc. Fish, shrimp, crab, shellfish and algae farming. Article 3 The Shanghai Fisheries Bureau is the competent department for aquaculture and fishery management in this city. The city’s public security, industrial and commercial administration, environmental protection, agriculture, water conservancy, shipping and other relevant departments should coordinate and cooperate to effectively carry out aquaculture protection and fishery management. The fisheries, public security, industry and commerce, environmental protection and other departments of each county are responsible for the specific implementation of these regulations under the leadership of the county people's government. Chapter 2 The use of various types of water surfaces and tidal flats Article 4 Water surfaces are the country’s natural resources. County people’s governments, people’s communes and state-owned farms should make overall plans, make reasonable arrangements, comprehensively utilize, strengthen management, and vigorously develop aquaculture. Article 5 The right to use the water surface that has been cultivated by the cooperatives and teams and the water surface and land that has been allocated to the fishery professional team as a production and living base since the socialist transformation of Lianjia Fishing Boats is fixed for a long time. Article 6 For rivers (rivers), lakes, residential rivers (gouling), ponds (yuan ditch) and other water surfaces that can be used for fish farming but have not yet been fished, the county people's government shall, based on the size of the area, geographical conditions, historical habits, etc., According to local conditions, the use scope that is conducive to the development of aquatic products shall be specifically divided and hierarchical management shall be implemented:

(1) The water surfaces of large rivers and lakes spanning more than two communes can be operated by the county or jointly operated by the relevant communes; Large water surfaces in provinces and cities are managed through consultation with relevant provinces and counties.

(2) Rivers (rivers) and lakes that lead to external rivers within the scope of the commune shall be maintained by the commune and managed by a professional aquatic team, and may also be jointly managed by an agricultural brigade.

(3) Small water surfaces such as residential rivers, ditch ponds, ponds, and garden ditches can be managed by agricultural production teams; those that are inconvenient for collective management can be placed under individual management by members.

(4) If rivers and beaches need to be reclaimed for fish farming, the municipal water conservancy department shall make unified planning. Article 7 The people's governments of each county shall, in accordance with the principles of Articles 5 and 6 of these regulations, clearly divide the scope of use of the water surface and determine the right to use it, and the county people's government shall issue a use certificate. For small water surfaces such as Zhai River, ditch beach, pond, garden ditch, etc., the people's commune shall delimit the use scope, issue a use certificate, and submit it to the county people's government for filing. After the right of use is determined, it will be fixed for a long time. No unit or individual may change or infringe at will without the approval of the people's government at or above the county level. If the water surface or tidal flat is not fully used and is abandoned, the issuing authority shall order it to use it within a time limit. If it is not used after the expiration, its use permit may be withdrawn and allocated separately. Article 8 All state-owned and collective units and individuals that have obtained a license to use water tidal flats shall promote the joint production responsibility system, carry out scientific research on aquaculture, and actively develop aquaculture, its products and production facilities within the waters designated for use. The state protects it in accordance with the law and no unit or individual may infringe upon it. Article 9 In order to maintain the storage capacity and ecological balance of lakes and rivers and protect aquaculture, no unit or individual may fill in rivers, intensive fish ponds, or reclaim lakes for farmland. If necessary, it must be jointly reviewed by the county people's government and the municipal fishery and water conservancy department, and submitted to the municipal people's government for approval before proceeding. Anyone who fills in rivers, intensive fish ponds or reclaims land from lakes without approval shall be ordered by the county people's government to restore them to their original state. If the circumstances are serious, they shall be held accountable in accordance with the law. Article 10 When adding fish foil, fish traps and other production facilities in fish farming waters that are diverted, drained and navigable, the aquaculture units shall consult with each other and cooperate closely with the water conservancy and shipping departments, so as to not only benefit aquaculture but not affect the Water conservancy and shipping are smooth. Chapter 3 Protection and Proliferation of Aquatic Resources Article 11 The people's governments of all counties shall encourage and support aquatic products authorities, aquaculture units, people's communes, production brigades, production teams and individual members to proliferate aquatic resources in various waters, and shall In accordance with the provisions of the "Regulations on the Protection of Aquatic Resources Reproduction" of the State Council, protective measures are taken to strictly prohibit the killing of broodstock and larvae of fish and other aquatic products. Article 12 Crab fry, eel fry, other fish fry and inland river mussels along the coast shall be fished, distributed and reasonably utilized by the people's government of the county where they are located. Other units and individuals are not allowed to fish.

The water conservancy department’s sluices should build seedling and fish passing facilities as needed to facilitate the migration of fish and crabs. It is prohibited to set up nets to block fishing, crab larvae and spawning and migratory broodstock at the gate. Article 13 Any unit or individual shall abide by the "Environmental Protection Law of the People's Republic of China (Trial)" and shall not pollute waters or affect aquatic resources. If the pollution exceeds the fishery water quality standards, resulting in the loss of aquatic resources, in addition to being responsible for compensation, the fishery and environmental protection departments will separately submit the situation to the people's government at the same level for approval, and instruct the discharging unit to treat it within a time limit or suspend production; for seriously polluted waters, causing Unit leaders and persons directly responsible for serious losses of aquatic resources must be held legally accountable.

When it is necessary to inject drugs into aquaculture waters due to health and epidemic prevention or agricultural pest control, the reproduction protection of aquatic resources should be taken into consideration, consult with aquaculture producers in advance, and take effective measures to prevent loss of resources.