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

nspection certificate;

　　"(2)having the fishing vessel registry certificate; and

　　"(3)meeting the other requirements laid down by the administrative department for fisheries under the State council.

　　"The fishing quotas in the fishing license issued by the administrative department for fisheries under the local people's government at or above the county level shall commensurate with the fishing quotas allocated by the said departments at the next higher level of the people's government."

　　17.Article 17 is changed as Article 25 and revised as follows: "Units and individuals engaged in fishing shall conduct their operations in conformity with the type of operation, location, time limit, amount of fishing gear and the fishing quota, as specified in their licenses. They shall also abide by the regulations on the protection of fishery resources. Large and medium-sized fishing vessels shall keep logs of fishing."

　　18. Article 18 is changed as Article 26 and revised as follows: "All fishing vessels that are built, rebuilt, purchased or imported shall be examined and inspected by fishing vessel inspection departments before they are launched for operation. Specific administrative measures in this respect shall be formulated by the State Council."

　　19. One article is added as Article 27: "Fishing ports shall be built in compliance with the unified plans of the State, and the principle of whoever invests benefits shall be applied. Local people's governments at above the county level shall exercise strict supervision over the fishing ports situated within their administrative areas and maintain normal order in the ports."

　　20. One article is added as Article 29: "The State protects the aquatic species and their living environment and establishes aquatic species protection zones in the main areas where aquatic species of high economic and hereditary breeding value grow and propagate. No unit or individual may engage in fishing in the protection zones without the approval of the administrative department for fisheries under the State Council."

　　21.Ar

ticle 290 is changed as Article 30 and revised as follows: "The use of explosives, poisons, electricity and any other means in fishing that impairs the fishery resources is prohibited. The manufacture, sale and use of banned fishing gear are prohibited. Fishing in restricted fishing areas and during closed seasons is prohibited. The use of fishing nets with mesh smaller than the specified minimum size is prohibited. The proportion of juvenile fish in a catch may not exceed the specified level. The sale of catch illegally harvested in the restricted fishing areas and during closed seasons is prohibited.

　　"The administrative department for fisheries under the State Council and such departments under the people's governments at or above the county level shall designate species for special protection, and specify the allowable amount for fishing of such species, the restricted fishing areas and closed seasons, the fishing gear and methods to be banned or restricted, the minimum mesh sizes, as well as other measures for the protection of the fishery resources."

　　22.Article 26 is changed as Article 36 and revised as follows: "People's governments at all levels shall take measures to protect and improve the ecological environment of fishery waters and prevent pollution.

　　"The ecological environment of fishery waters shall be supervised and regulated and fishery pollution shall be investigated and handled in accordance with the relevant provisions of the Marine Environmental Protection Law of the People's Republic of China and the Water pollution Prevention Law of the People's Republic of China."

　　23.Article 27 is changed as Article 37 and revised as follows: "The State maintains special protection of the rate and endangered aquatic wild animals such as white-flag dolphin to prevent them from extinction. Killing and injuring of important aquatic wild animals protected by the State is prohibited. Where it is necessary to catch such animals for purposes of scientific research, taming and propagation, exhibition or for other special purposes, the matter shall be dealt with in accordance with the provisions of the Wild Animal Protection Law of the People's Republic of China."

　　24. Chapter V, legal Liability, is revised as follows:

　　"Article 38 Where a person uses explosives, poisons, electricity or other means in fishing, which impairs the fishery resources, engages in fishing in violation of the regulations on restricted fishing areas and closed seasons, uses banned fishing gear and methods or fishing nets with mesh smaller than the minimum size, or catches juvenile fish the proportion of which exceeds the specified level, his catch and illegal gains therefrom shall be confiscated and he shall be fined not more than RMB 50,000 yuan. If the circumstances are serious, his fishing gear shall be confiscated and his fishing license revoked. If the circumstances are especially serious, his investigated for criminal responsibility in accordance with law.

　　"Where illegally harvested catch is sold in restricted fishing areas and during closed seasons, the administrative department for fisheries under the people's government at or above the county level shall investigate and handle the case without delay.

　　"Where a person manufactures or sells banned fishing gear, the illegally manufactured and sold fishing gear and his illegal gains therefrom shall be confiscated and he shall also be fined not more than 10,000 yuan.

　　"Article 39 Anyone who poaches for or seizes another person's aquatic products, or undermines another person's water bodies or facilities for aquaculture shall be ordered to make amends and may be fined not more than 20,000 yuan. If he causes losses to another person, he shall bear the responsibility of compensation. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.

　　"Article 40 Anyone who us

es for aquaculture the waters or tidal flats owned by the whole people, lets the waters or tidal flats lie wasted for a year without justifiable reasons shall be ordered by the authority that issues the aquaculture permit to develop and utilize the waters and tidal flats within a time limit. If he fails to do so at the expiration of the time limit, his aquaculture permit shall be revoked and he may also be fined not more than 10,000 yuan.

　　"Anyone who has not obtained an aquaculture permit legally but engages in aquacultural production in the waters owned by the whole people shall be ordered to stop doing so, apply for an aquaculture permit or demolish the aquaculture facilities within a time limit.

　　"Article who has not obtained an aquaculture permit legally but engages in aqucultureal production in the waters owned by the whole people beyond the scope specified in the permit, thus obstruction navigation or flood diversion, shall be ordered to demolish the aquaculture facilities within a time limit and may also be fined not more than 10,000 yuan.

　　"Article 41 Where a person conducts fishing without a fishing license obtained legally, his catch and illegal gains therefrom shall be confiscated and he shall be fined not more than 100,000 yuan. If the circumstances are serious, his fishing gear and fishing vessel may also be confiscated.

　　"Article 42 Where a person conducts fishing in violation of the type of operation, location, time limit and amount of fishing gear specified in the license granted to him, his catch and illegal gains therefrom shall be confiscated and he may also be fined not more than 50,000 yuan, If the circumstances are serious, his fishing gear may also be confiscated and his fishing license revoked.

　　"Article 43 Where a person alters, trades in, leases or transfers fishing licenses by other means, his illegal gains therefrom shall be confiscated and his fishing license revoked and he may also be fined not more than 10,000 yuan. Where a person forges, adulterates or trades in fishing license, if the case constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law.

　　"Article 44 Where a person illegally produces, imports or exports fry or fingerling of aquatic animals, the fry and fingerling of aquatic animals and his illegal gains therefrom shall be confiscated and he shall also be fined not more than 50,000 yuan.

　　"Where a person trades in fry and fingerling of aquatic animal without verification and approval, he shall be ordered to discontinue the trade immediately his illegal gains therefrom shall be confiscated and he may also be fined not more than 50,000 yuan.

　　"Article 45 Where a person engages in fishing in an aquatic gene- plasm resources protection zone without approval, he shall be ordered to discontinue fishing immediately, his catch and fishing gear shall be confiscated and he may also be fined not more than 10,000 yuan.

　　"Article 46 Where a foreigner or foreign fishing vessel, in violation of the provisions of this Law, enter the waters under the jurisdiction of the People's Republic of China to engage in aquaculture or conduct survey of fishery resources, he or it shall be ordered to leave the waters or be driven out, the catch or fishing gear may be confiscated and a fine of not more than 500,000 yuan may also be imposed. If the circumstances are serious, the fishing vessel maybe confiscated. If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

　　"Article 47 Anyone who damages the ecological environment of the fishery waters or causes fishery pollution shall be in

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