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

vestigated for legal liability in accordance with 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.

　　"Article 48 The administrative penalties imposed in

accordance with the provisions of this Law shall be decided on by the administrative departments for fisheries under the people's governments at or above the county level or the fisheries authorities subordinate to them, except where it is otherwise provided for in this Law.

　　"In cases where fishing is conducted in violation of the provisions on restricted fishing areas and closed seasons, or with banned fishing gear or methods, or without fishing license, where the facts are obvious and the evidence is adequate, and where administrative penalty cannot be decided or imposed according to legal procedures on the spot, the officers enforcing law on the sea may temporarily seize the fishing license, fishing gear or fishing vessel. Administrative penalty shall be decided and imposed after returning to port.

　　"Article 49 Where the administrative department for fisheries, or the fisheries authority subordinate to it, or a staff member of the department or authority, in violation of the provisions of this Law, issues fishing licenses, allocates fishing quotas or engages in fishery production or business, or commits other acts, such as neglecting its or his duty by failing to perform its or his legal obligations, abusing its or his power, engaging in malpractices for private gains, it or he shall be given administrative sanction. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with law."

　　25. Article 34 is deleted.

　　This Decision shall go into effect as of December 1, 2000.

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

　　Appendix:

　　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 and amended in accordance with the Decision on Revision of the Fishe0ries Law of the People's Republic of China adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 2000)

　　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 of 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, the State applies the principle under which aquculture is primary, aquaculture, fishing and processing are developed simultaneously, measures are adopted in light of local conditions, and priority is given t 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 or 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 a

nd 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 departments for fisheries under the local people's governments at or above the county level are in charge of fisheries affairs in their respective administrative areas. These departments may establish fisheries authorities in important fishing areas and fishing ports.

　　The administrative departments 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 division. 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 units 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 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 fish

eries 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.

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

　　Article 13 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.

　　Article 14 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.

　　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.

　　

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