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

ic animals under protection for artificial breeding or for other special purposes shall be subject to approval by the administrative department for fisheries under the State Council or such departments under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and it shall be conducted in the designated areas and periods of time and strictly in accordance with the quotas allocated.

　　Measures shall be adopted to protect fry and fingerling of aquatic animals when channeling or using

water from water from water areas that are specially designated for producing such fry and fingerling.

　　Article 32 Where sluices or dams are to be built on the migration routes of fish, shrimp or crabs which will seriously impair the fishery resources, the construction units shall build fishpass facilities or adopt other remedial measures.

　　Article 33 For water bodies that are used for fisheries and that also serve the purposes of water storage, regulation and irrigation, the competent department concerned shall fix the lowest water level required for fisheries.

　　Article 34 Reclaiming land from lakes is prohibited. Without the approval of the people's governments at or above the county level, no tidal flats may be enclosed for cultivation, and no water areas that are used as major fry and fingerling producing bases or aquaculture areas may be enclosed for cultivation.

　　Article 35 Where underwater explosion, exploration or construction that will seriously impair the fishery resources is to be conducted, the construction unit shall consult in advance with the administrative department for fisheries under the relevant people's government at or above the county level and take measures to prevent or minimize the damage to fishery resources. Where losses are caused to fishery resources, the relevant people's government at or above the county level shall order the relevant people's pay compensation.

　　Article 36 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 Prevention Law of the People's republic of China and the Water Pollution Prevention Law of the People's Republic of China.

　　Article 37 The State maintains special protection of the rare 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 the Wild Animal Protection Law of the People's Republic of China.

　　Chapter V

　　Legal Responsibilities

　　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 vessel may be confiscated. If a crime is constituted, he shall be 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 e fined not mo

re 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 uses 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.

　　Anyone who has not obtained an aquacuture permit legally but engages in aquacultural production in the waters owned by the whole people beyond the scope specified in the permit, thus obstructing 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 animals without verification and approval, he shall be ordered to discontinue the trade immediatelyhis 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, enters the waters under the jurisdiction of the People's republic of China to engage in aquaculture or conduct survey of fishery resource, 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 may be 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 investigated for legal li

ability 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 provisos of this Law shall be decided on by the administrative department 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 provision 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, allocat

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