Decision of the Standing Committee of the National Peoples Congress on Amending the Fisheries Law of

（Adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

颁布日期：20040828 　实施日期：20040828 　颁布单位：全国人大常委会

　　Order of the President of the people's Republic of China

　　No.25

　　The Decision of the Standing Committee of the National People's Congress on Amending the Fisheries Law of the People's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28， 2004， is hereby Promulgated and shall go into effect as of the date of its promulgation.

　　HU Jintao

　　President of the People's Republic of China

　　August 28， 2004

　　At its 11th Meeting， the Standing Committee of the Tenth National People's Congress decided to amend the Fisheries Law of the People's Republic of China as follows：

　　The first paragraph of Article 16 is revised to read， “The State encourages and supports seed selection， breeding and propagation of fine varieties of aquatic species. The new varieties of aquatic species shall be subject to verification by the National Verification Commission for Pedigree and Fine Varieties of Aquatic Species and shall be propagated after announcement by the administrative department for fisheries under the State Council.”

　　This Decisions shall go into effect as of date of its promulgation.

　　The Fisheries Law of the People's Republic of China shall be promulgated anew after the revisions is made according to this Decision.

　　Fisheries Law of the People's Republic of China

　　（Adopted at the 14th Meeting of the Standing Committee of the Sixth National people's Congress on January 20， 1986. Amended for the first time in accordance with the Decision on Amending the Fisheries Law of the People's Republic of China adopted at the 18th Meeting of the Standing Committee of the Ninth National Peoples' Congress on October 31， and amended for the second time in accordance with the Decision on Amending the Fisheries Law of the People's Republic of China adopted at the 11th Meeting of the Standing Committee of the National people's Congress on August 28， 2004）

　　Contents

　　Chapter Ⅰ General Provisions

　　Chapter Ⅱ Aquaculture

　　Chapter Ⅲ Fishing

　　Chapter Ⅳ Increase and Protection of Fishery Resources

　　Chapter Ⅴ Legal Responsibilities

　　Chapter Ⅵ Supplementary Provisions

　　Chapter Ⅰ

　　General Provisions

　　Article 1 This Law enacted for the purpose of enhancing the protection， increase， development and rational utilization fishery resources， developing artificial cultivation， ensuring fishery workers' lawful rights and interests and boosting fishery production， so as to meet the need of socialist construction and the people's needs.

　　Article 2 All productive activities of fisheries， such as aquaculture and catching or harvesting of aquatic animals and plants， in the inland waters， tidal flats， territorial waters and exclusive economic zones of the People's Republic of China and in all other sea areas under the jurisdiction of the people's Republic of China shall be conducted in accordance with this Law.

　　Article 3 In fishery production， of State applies the principle under which aquaculture is primary， aquaculture， fishing and processing are developed simultaneously， measures are adopted in light of local conditions， and priority is given to different pursuits.

　　People's governments at various levels shall include fishery production in their economic development plans and take measures to improve the overall planning and comprehensive utilization of water areas.

　　Article 4 The State encourages research in fishery science and technology and spreads the wide use of advanced technology in order to raise the level of fishery science and technology.

　　Article 5 People's governments at various levels shall give moral encouragement or material awards to units and individuals that make outstanding contributions to the increase and protection of fishery resources， to development of fishery production， to research in fishery science and technology， etc.

　　Article 6 The administrative department for fisheries under the State Council is in charge of fisheries affairs throughout the country. The administrative department for fisheries under the local people's government at or above the county level are in charge of fisheries affaires in their respective administrative areas. These department may establish fisheries authorities in important fishing areas and fishing ports.

　　The administrative department for fisheries under the people's governments at or above the county level and the fisheries authorities subordinate to the departments may appoint fishery inspectors. Such inspectors shall carry out the tasks assigned to them by the said departments and authorities.

　　Article 7 In its supervision over the fisheries， the State applies the principle of unified leadership and decentralized administration at different levels.

　　With the exception of those sea areas that the State Council puts under the supervision of the administrative department for fisheries under it or of the fisheries authorities subordinate to the department and those fishing grounds endowed with special fishery resources designated as such by the State Council， marine fisheries shall be subject to supervision by the administrative departments for fisheries under the people's governments of provinces， autonomous regions and municipalities directly under the Central Government that are contiguous to the sea areas.

　　Fisheries in rivers and lakes shall be subject to supervision by the administrative departments for fisheries under the people's governments at or above the county level in accordance with administrative divisions. With regard to fisheries that straddle more than one administrative division， administrative measures shall be formulated by relevant people's governments at or above the county level through consultation， or such fisheries shall be subject to supervision by the administrative department for fisheries under the people's government at the next higher level or by the fisheries authority subordinate to the department.

　　Article 8 Foreigners and foreign fishing vessels that wish to enter the waters under the jurisdiction of the people's Republic of China to engage in fishery production or survey of fishery resources shall be subject to approval by the competent department under the State Council and shall observe the provisions of this Law and of other relevant laws and regulations of the People's Republic of China. If the foreigners and vessels belong to countries that have signed relevant treaties or agreements with the people's Republic of China， the matters shall be handled in accordance with the treaties or agreements.

　　State authorities for fisheries and authorities for fishing ports shall exercise the power of administration and supervision over external relations pertaining to fisheries and fishing ports.

　　Article 9 No administrative department for fisheries， or any fisheries authority subordinate to it， or any staff member of the department or authority may take part in or engage in fishery production or business.

　　Chapter Ⅱ

　　Aquaculture

　　Article 10 The State encourages into owned by the whole people， units owned by the collective and individuals to make full use of water areas and tidal flats that are united to aquacultural department.

　　Article 11 The State makes unified plans for the use of water areas and designates water areas and tidal flats that can be used for aquaculture. Any unit or and individual that wishes to use the areas or tidal flats owned by the whole people an

d designated for aquaculture according to national plans shall apply to the administrative department for fisheries under the local people's government at or above the county level. An aquaculture permit shall be issued after examination by the people's government concerned， allowing the applicant to use certain water areas or tidal for aquaculture. Specific measures for examining and issuing aquaculture permits shall be formulated by the State Council.

　　The water areas and tidal flats owned by the collective or by the whole people but used by agricultural collective economic organizations may be contracted out to individuals or collectives for aquaculture.

　　Article 12 When issuing aquaculture permit， the local people's governments at or above the county level shall priority to local fishery workers.

　　Article 13 Where a dispute arises between the parties over the use of the water areas of tidal flats designated for aquaculture according to national plans， it shall be handled in accordance with the procedures prescribed by relevant laws. Pending settlement of the dispute， no party to the dispute may disrupt aquacultural production.

　　Article 14 If water areas or tidal flats owned by the collective are requisitioned for national construction， the matte shall be handled in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China.

　　Article 15 people's governments at or above the county level shall take measures to protect with doubled efforts the bases for production of commodity such and key water areas for aquaculture in the suburbs of cities.

　　Article 16 The State encourages and supports seed selection， breeding and propagation of fine varieties of aquatic species. The new varieties of aquatic spe

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