中华人民共和国渔业法 Fisheries Law of the Peoples Republic of China

vessels that are built， rebuilt， purchased or imported must be examined and inspected by fishing vessel inspection agencies before they are launched for operation. Concrete administrative measures shall be formulated by the department of fishery administration under the State Council.

　　Chapter IV Increase and Protection of Fishery Resources

　　Article 19 Departments of fishery administration under the people's governments at or above the county level shall work out overall plans and take measures to increase fishery resources in the fishery waters under their jurisdiction. These departments may collect fees from the units and individuals profiting from the use of such waters and devote the money thus collected to the increase and protection of fishery resources. The procedures for collecting such fees shall be formulated by the department of fishery administration and the department of finance under the State Council， and must be approved by the State Council before going into effect.

　　Article 20 Use of explosives and poisons in fishing shall be prohibited. It shall not be permitted to fish in prohibited fishing areas and during closed seasons， to fish with gear and methods banned by the fishery authority or to use fishing nets with meshes smaller than the minimum prescribed sizes.

　　Departments of fishery administration under the people's governments at or above the county level shall designate species under special protection， prohibited fishing areas and closed seasons， fishing gear and methods that are to be banned or restricted and the minimum sizes for the mesh of nets， as well as other measures for the protection of fishery resources.

　　Article 21 Catching fry of aquatic animals of important economic value shall be prohibited. Catching fry of aquatic animals of important economic value or spawning aquatic animals under protection for artificial breeding or for other special purposes must be approved by the department of fishery administration under the State Council or by departments of fishery administration under the people's governments of provinces， auton- omous regions

， and municipalities directly under the Central Government， and it must be conducted in the designated areas and times and strictly in accordance with the quotas assigned.

　　Measures shall be adopted to protect fry of aquatic animals when channeling or using water from water areas that specialize in producing such fry.

　　Article 22 When building sluices and dams on the migration routes of fish， shrimp and crabs which will have serious effects on fishery re- sources， the construction units must build fish passages or adopt other remedial measures.

　　Article 23 For water bodies that are used for fisheries and also serve the purposes of water storage and regulation and irrigation， the departments concerned shall fix the lowest water level required for fishery.

　　Article 24 It shall be forbidden to reclaim land from lakes. Without approval from a people's government at or above the county level， it shall not be allowed to enclose tidal flats for cultivation and no one shall be allowed to reclaim land from water areas that are used as major seedling producing centres and aquatic breeding grounds.

　　Article 25 To conduct underwater explosions， exploration and construction that may have serious effects on fishery resources， the construction units shall consult in advance with the department of fishery administration under the relevant people's government at or above the county level and take measures to prevent or minimize the damage to fishery resources. In case any damage to fishery resources occurs therefrom， the relevant people's government at or above the county level shall order the responsible party to pay compensation.

　　Article 26 In accordance with the Marine Environmental Protection Law and the Water Pollution Prevention Law， people's governments at all levels shall take measures to protect and improve the ecosystem of fishery waters， prevent pollution and investigate the responsibility of any unit or individual that pollutes the fishery waters.

　　Article 27 Protection shall be provided to rare aquatic animals whose capture is banned by the state. In case there is a special need to catch them， the matter shall be handled in accordance with the relevant laws and regulations.

　　Chapter V Legal Liability

　　Article 28 Anyone who uses explosives or poisons in fishing， fishes in violation of the regulations on prohibited fishing areas and closed seasons， uses prohibited fishing gear and methods or catches rare aquatic animals under state protection without permission shall have his catch and unlawful income confiscated and be fined； in addition， his fishing gear may be confiscated and his fishing license revoked. In serious cases， criminal responsibility of the individual or the persons of a unit who are directly responsible shall be investigated in accordance with Article 129 of the Criminal Law.

　　Article 29 Anyone who poaches on or seizes others' aquatic products， or damages others' aquaculture water bodies and facilities shall be ordered by the department of fishery administration or its subordinate fishery superintendency agencies to compensate for the damages and shall concurrently be fined. In serious cases or if the damage is great， criminal responsibility of the individual or the persons of a unit who are directly responsible shall be investigated in accordance with Articles 151 and 156 of the Criminal Law.

　　Article 30 Anyone who fishes Without a fishing licence obtained in accordance with this Law shall have his catches and unlawful income confiscated and may concurrently be fined. In serious cases his fishing gear may also be confiscated.

　　Article 31 Anyone who fishes in violation of the type of operation， location， time limit and amount of fishing gear stipulated in his licence， shall have his catches and unlawful income confiscated and a fine may concurrently be imposed. In serious cases his fishing gear may also be con

fiscated and his fishing licence revoked.

　　Article 32 Anyone who trades in， leases or transfers fishing licences by other illegal means shall have his unlawful income confiscated and his fishing licence revoked and may concurrently be fined.

　　Article 33 The administrative sanctions stipulated in this Law shall be decided by departments of fishery administration or their subordinate fishery superintendency agencies. Any party who refuses to accept the decision on an administrative sanction may file suit in a people's court within 30 days after receiving notification of the decision. If the party neither files suit nor complies with the decision within the time limit， the agency that made the decision shall request the people's court to compel execution of the decision. However， a party which is engaged in maritime operations must comply with the sanction before filing suit.

　　Chapter VI Supplementary Provisions

　　Article 34 The department of fishery administration under the State Council shall， in accordance with this Law， formulate rules for its implementation， which shall go into effect after being submitted to and approved by the State Council.

　　The standing committees of people's congresses of provinces， autonomous regions， and municipalities directly under the Central Government may formulate measures of implementation in accordance with this Law and the rules for its implementation.

　　Article 35 This Law shall come into force as of July l， l986

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