全国人民代表大会常务委员会关于修改《中华人民共和国渔业法》的决定 附：修正本 Decision of the Standing Committee of the National Peoples Co

(Adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress on October 31,2000)
颁布日期：20001031 　实施日期：20001201 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China No. 38

　　The Decision of the Standing Committee of the National People's Congress on Revision of the Fisheries Law of the People's Republic of China, adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31,2000, is hereby promulgated and shall go into effect as of December 1,2000.

　　Jiang Zemin

　　President of the People's Republic of China

　　October 31,2000

　　At its 18th Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following revisions of the Fisheries Law of the People's Republic of China:

　　1. One article is added as 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."

　　2. Article 10 is changed as Article 11 and revised as follows: "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 water areas or tidal flats owned by the whole people and 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 formulates 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."

　　3. One article is added as Article 12 "When issuing aquaculture permits, the local people's governments at or above the county level shall give priority to local fishery workers."

　　4. Article 11 is deleted.

　　5. Article 12 is changed as Article 13 and revised as follows: "Where a dispute arises between the parties over the use of the water areas or 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.

　　6.Article 13 is changed as Article 14 and revised as follows: "If water areas or tidal flats owned by the collective are requisitioned for national construction, the matter shall be handled in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China."

　　7.One article is added as 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 fish and key water areas for aquaculture in the suburbs of cities."

　　8.One article is added as Article 16: "The State encourages and supports seed selection, breeding and propagation of fine varieties of aquatic species. The propagation of new varieties of aquatic species shall be subject to verification by the National Verification Commission for Pedigree and Fine Varieties of Aquatic Species and Approval by the administrative Department for fisheries under the State Council.

　　"The import and export of fry and fingerling of aquatic animals shall be subject to examination and approval by the administrative department under the State Council or such departments under the people's governm

ents of provinces, autonomous regions or municipalities directly under the Central Government.

　　"The production of fry and fingerling of aquatic animals shall be subject to examination and approval by the administrative departments under the people's governments at or above the county level, except where fishery workers breed fry and fingerling of aquatic animals for their own use."

　　9.One article is added as Article 17: "The fry and fingerling of aquatic animals for import or export shall undergo quarantine in order toto prevent the spread of diseases in or out of the territory. Quarantine shall be conducted in accordance with the quarantine laws and administrative regulations concerning the entry and exit animal and plant quarantine.

　　"Introduction of trans-genic fry and fingerling of aquatic animals shall undergo safety evaluation the concrete administrative work shall be undertaken in accordance with the relevant regulations of the State Council.

　　10.One article is added as Article 18: "The administrative departments for fisheries under the people's governments at or above the county level shall provide energetic technological guidance for aquaculture and improve their work for the prevention and treatment of diseases in this regard."

　　11.One article is added as Article 19: "Noxious and harmful bait and feed are prohibited in aquacultural production."

　　12.One article is added as Article 20: "Aquacultural workers shall protect the ecological environment of the waters by scientifically defining the density of aquaculture, and through rational feeding and rational application of fertilizer and use of medicines, and contamination of the waters therefrom is not allowed."

　　13.Articles 14 and 15 are amalgamated as Article 21 and revised as follows: "The State takes measures in the fields of finance, loan and taxation to encourage and support the development of pelagic fishing and prepares manpower for fishing in inland water and for offshore fishing in light of the allowable catch of the fishery resources."

　　14. One article is added as Article 22: "Following the principle of keeping the allowable catch lower than the increase of the fishery resources, the State determines the total allowable catch of the fishery resources and applies a quota system for fishing. The administrative department for fisheries under the State Council is responsible for arranging surveys and assessment of the fishery resources to provide a scientific basis for the implementation of the quota system for fishing. The total allowable catch in the inland waters, territorial seas, exclusive economic zones of the People's Republic of China and other waters under its jurisdiction shall be determined by the administrative department for fisheries under the State Council and allocated by the authorities of higher levels to those at lower levels after approval by the State Council. The total quotas for fishing in key rivers and lakes designated as such by the State shall be determined by the people's governments of relevant provinces, autonomous regions, and municipalities directly under the central Government, or through consultation among them, before it is allocated by the authorities at higher levels to those at lower levels. The total fishing quotas shall be allocated in adherence to the principles of fairness and impartiality. The means ad results of allocation shall be made known to the public and shall be subject to supervision.

　　"The administrative department for fisheries under the State Council and such departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen their supervision over and inspection of the implementation of the quota system for fishing. For those who exceed the quotas allocated by the authorities at the next higher level, their quotas for the following year shall be r

educed accordingly."

　　15. Article 16 is changed as Article 23 and one paragraph is added as the first paragraph: "The State applies a license system for fishing."

　　The first paragraph of Article 16 is changed as the second paragraph of Article 23 and revised as the followings: "Fishing licenses for marine fishing with large trawlers and purse seines and for fishing in the jointly managed fishery zones defined in the agreements concluded between the People's Republic of China and the countries concerned or on the high seas shall be granted upon approval by the administrative department for fisheries under the State Council. Other fishing licenses shall be granted upon approval by the administrative department for fisheries under the local people's governments at or above the county level. However, the sizes for vessels and fishing gear specified in the fishing licenses issued for marine fishing may not exceed the control sizes for vessels and fishing gear fixed by the State. Specific measures in this respect shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

　　The second paragraph of Article 16 is changed as the third paragraph of Article 23.

　　One paragraph is added as the fourth paragraph of Article 23: "Those who wish to engage in fishing in the waters under the jurisdiction of other states shall be subject to approval by the administrative department for fisheries under the State Council and shall observe the relevant treaties and agreements signed or acceded to by the People's Republic of China and the laws of the states concerned."

　　16. One article is added as Article 24: "A fishing license can only be issued when the following requirements are met:

　　"(1)having the fishing vessel i

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