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

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 governments 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.

　　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.

　　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.

　　Article 19 Noxious and harmful bait and feed are prohibited in aquacultureal production.

　　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.

　　Chapter III

　　Fishing

　　Article 21 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 waters and for offshore fishing in light of the allowable catch of the fishery resources.

　　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 and 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 an 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 reduced accordingly.

　　Article 23 The State applies a license system for fishing.

　　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.

　　No fishing licenses may be traded in, leased or transferred by other means, or altered, forged or adulterated.

　　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.

　　Article 24 A fishing license can only be issued when the following requirements are met:

　　(1)having the fishing vessel inspection 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 governments at or above the county level shall commensurate with the f

ishing quotas allocated by the said departments at the next higher level of the people's government.

　　Article 25 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.

　　Article 26 All fishing vessel 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.

　　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 or above the county level shall exercise strict supervision over the fishing ports situated within their administrative areas and maintain normal order in the ports.

　　Chapter IV

　　Increase and Protection of Fishery Resources

　　Article 28 The administrative departments for fisheries under the people's governments at or above the county level shall work out overall plans and take measures to increase the fishery resources in the fishery waters under their jurisdiction. They may collect fees from the enterprises and individuals profiting from the used of such waters and devote the money thus collected to the increase and protection of the fishery resources.Measures for collecting such fees shall be formulated by the administrative department for fisheries together with the department of finance under the State Council and shall go into effect upon approval by the State Council.

　　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.

　　Article 30 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 minimum mesh sizes, as well as other measures for the protection of the fishery resources.

　　Article 31 Catching fry and fingerling of aquatic animals of important economic value is prohibited. Catching fry and fingerling of important economic value or spawning aquat

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