Implementation Rules for the Provisions of Shanghai Municipality on the Protection of Aquaculture

 2018-10-23  1140


(Promulgated by Decree No. 45 of Shanghai Municipal People's Government on September 14, 1993; amended by Decree No. 54 of Shanghai Municipal People's Government on December 19, 1997; amended by Decree No. 77 of Shanghai Municipal People's Government on November 30, 2007; amended in accordance with the Decision of Shanghai Municipal People's Government on Revising 148 Sets of the Municipal People's Government's Regulations Including the Interim Provisions of Shanghai Municipality on Handling of Agricultural Machinery Accidents promulgated by Decree No. 52 of Shanghai Municipal People's Government on December 20, 2010; amended and re-promulgated in accordance with the Decision of Shanghai Municipal People's Government on Revising 15 Sets of the Municipal People's Government's Regulations Including the Procedures of Shanghai Municipality for the Administration of River Ports promulgated by Decree No. 81 of Shanghai Municipal People's Government on February 7, 2012; and amended and re-promulgated in accordance with the Decision of Shanghai Municipal People's Government on Revising 19 Sets of the Municipal People's Government's Regulations Including the Provisions of Shanghai Municipality on the Administration of the Salt Industry promulgated by Decree No. 30 of Shanghai Municipal People's Government on May 22, 2015)

Chapter 1  General Provisions

 

Article 1

These Rules are formulated with a view to properly implementing the Fishery Law of the People's Republic of China and its implementation rules as well as the Provisions of Shanghai Municipality on the Protection of Aquaculture (hereinafter referred to as the Provisions)

Article 2

       The people's governments at all levels of Shanghai Municipality shall make unified planning and rational exploitation and utilization of the water zones, and encourage units of public ownership and collective ownership and individuals to develop aquaculture. 

Article 3

       The competent fishery administrative departments and fishery supervision administration agencies at all levels of this Municipality shall, in accordance with these Provisions and these Rules, pursue the policy of taking aquaculture as the main business, conducting aquaculture, aquatic product catching and processing simultaneously, taking actions that suit local circumstances, and having different priorities in different places, and shall strengthen supervisory administration, and protect and promote the development of fishery production of this Municipality.

The departments of pubic security, industry and commerce administration, finance, environmental protection, land, agriculture, water conservancy, and port and shipping superintendence shall coordinate with the fishery supervision administration agencies to carry out these Rules.

 

Chapter II  Supervisory Administration of Fishery

 

Article 4

The Municipality exercises unified leadership and hierarchical management over the fishery supervisory administration:

1. The municipal fishery supervision administration agency is responsible for the fishery supervisory administration in the Yangtze River and the Huangpu River water zones within this Municipality.

       2. The district/county fishery supervision administration agencies are responsible for the fishery supervisory administration of the rivers, streams, lakes, shoals, intensive fish-breeding ponds and other water zones within their respective areas.

3. The town/township people's governments or their subordinate fishery supervision administration agencies are responsible for the fishery supervisory administration of small water zones such as garden ditches, streams near houses, and ponds within their respective areas.

       4. With regard to the fishery supervisory administration in water zones that span county and districts, the fishery supervision administration agencies of the relevant district/county shall negotiate to formulate administrative measures. With regard to the fishery supervisory administration in water zones that span this Municipality and another province, the fishery supervision administration agency of the Municipality or the relevant county shall negotiate with their counterpart of that province/county to formulate administrative measures. 

Article 5

       The people's governments at all levels of this Municipality shall, according to these Provisions, approve rights to use fishery water zones for aquaculture and issue the Certificate of Use for Aquaculture.

       1. Where aquatic-breeding units or individuals want to engage in aquaculture production in such fishery water zones as rivers, streams, lakes, shoals and intensive fish-breeding ponds, they shall apply to the town/township people's government or their subordinate fishery supervision administration agency for approval before the case is submitted to the districts/county fishery supervision administration agency for further examination and to the districts/county people's government for approval, which will issue the Certificate of Use for Aquaculture.

       2. Where aquatic-breeding units or individuals want to engage in aquaculture production in such small fishery water zones as garden ditches, streams near houses, and ponds, they shall apply to the town/township people's government or their subordinate fishery supervision administration agency for examination and approval before the town/township people's government issues the Certificate of Use for Aquaculture.

       3. Where aquatic-breeding units or individuals want to engage in aquaculture production in water zones that span districts/county, they shall apply to the district/county fishery supervision administration agency for examination and approval before the agency and the district/county people's government jointly issue the Certificate of Use for Aquaculture.

       4. Where aquatic-breeding units want to engage in aquaculture production in the water zone of a municipal State-owned aquaculture farm, they shall apply to the district/county fishery supervision administration agency for examination and approval before the district/county people's government issues the Certificate of Use for Aquaculture.

       Where the Fishery Law has special provisions on approving aquaculture in public-owned water zones, these provisions shall prevail.

The Certificate of Use for Aquaculture shall all be printed by the municipal competent fishery administrative department.

Article 6

       To fill up an intensive fish-breeding pond that is a municipally-administered commodity-fish production base, the filling-up unit shall apply to the district/county competent fishery administrative department for examination before the case is submitted to the municipal competent fishery administrative department for approval. To fill up other intensive fish-breeding ponds, the filling-up unit shall apply to the district/county competent fishery administrative department before the case is submitted to the district/county people's government for approval. The approving department shall send a copy of the document of approving the filling-up of an intensive fish-breeding pond to the district/county land administration department for filing.

To fill up an intensive fish-breeding pond, one shall make the lump sum payment of various compensation fees, relocation subsidies and the fees for developing the original pond.

Requisition of an intensive fish-breeding pond that is a municipally-administered commodity-fish production base shall obtain approval by the municipal competent fishery administrative department; requisition of other intensive fish-breeding ponds shall first obtain approval by the district/county competent fishery administrative department before the case is submitted to the district/county people's government for approval.

Requisition of an intensive fish-breeding pond requires payment of the taxes and fees as well as a lump sum payment of various compensation fees, relocation subsidies, and the fees for developing the original pond, all in accordance with the Law of Land Administration of the People's Republic of China and this Municipality's provisions on land requisition.

The collected fees for developing the original pond shall be brought under the administration of the state budget as a special fund, which the competent fishery administrative departments shall use for the construction of future commodity-fish production bases.

Article 7

       To engage in fishing operations in such fishery water zones as rivers, streams, lakes and shoals within this Municipality requires the Permit for Fishing issued by the district/county competent fishery administrative department. However, the Permit for Fishing issued by the municipal competent fishery administrative department is required in the following cases:

       1. to use large and medium-sized ocean-going fishing vessels;

       2. to catch fishery resources under key protection; and

       3. to catch the fries of aquatic animals of important economic values (except using a method other than a ship net to catch eel and crab fries) or to catch prohibited aquatic animals with eggs.

Article 8

       Non-fishery-production units and individuals are prohibited from fishing operations. Where research and educational institutions need to conduct fishing operations because of their work, they must report to the municipal competent fishery administrative department for approval.

Article 9

       All units and individuals engaged in fishing operations in the fishery water zones of this Municipality shall pay the protection fees for fishery resource expansion in accordance with the Implementation Procedures of Shanghai Municipality for Collecting and Using the Protection Fees for Fishery Resource Expansion.

       The fishery supervision administration agencies at all levels shall collect the protection fees for fishery resource expansion in accordance with the Implementation Procedures of Shanghai Municipality for Collecting and Using the Protection Fees for Fishery Resource Expansion, and shall manage, use and hand over the fees according to provisions.

Article 10

       The competent fishery administrative departments at all levels shall specify the operation type, location, duration, and quantity of fishing gear when issuing a Permit for Fishing.

Article 11

       The Certificate of Use for Aquaculture and the Permit for Fishing shall not be altered, bought, sold, leased, or transferred in other illegal forms.

Article 12

       Without permission, angling in a fishery-expansion water zone and another person's aquaculture water zones is prohibited.

Article 13

       Aquaculture production and fishing operations in such water zones as river courses or fairways shall abide by the relevant administrative provisions on water conservancy and fairways.

 

Chapter III  Protection of Fishery Resources

 

Article 14

       The municipal and district/county competent fishery administrative departments may, according to different circumstances, determine fishing-ban areas and periods, the minimum seizes of fishing net meshes and other fishery resources protection measures to protect important egg-laying areas, winter-living areas, and breeding areas for fries and young of fish, shrimps, crabs and shellfish, and their main migration passages.

       To protect fishery resources and safeguard the safety of hydraulic projects, the fishery supervision administration agencies at and above the district/county level may, jointly with the same-level water conservancy department, delimit fishing-ban areas at river mouths, intersections between rivers and seas, shoals, and water zones for important hydraulic projects.

Article 15

       Fishing operations in fishing ban areas and periods are prohibited.

       It is prohibited to cast nets at tidal river courses (including sluicegates). Where net-casting at a sluicegate has obtained special permission, the net meshes shall not be smaller than 4 centimeters, and the fishing operation periods extend from August 1 to 31 and from December 1 to the end of next February.

Article 16

Restrictions on the time and amount of catching eel and crab fries shall be practiced, and such resources shall be utilized rationally. The periods of fishing shall be determined and published by the municipal competent fishery administrative department according to such conditions as the season and the climate of the year. The production of eel and crab fries shall first meet the demand of this Municipality's aquaculture. 

Article 17

      Use of ospreys shall be banned. Use of poisons (including poisonous fertilizers), explosives and limewater shall also be prohibited. Operations that use dragon-mouth nets shall be subject to strict restrictions.

Article 18

       Units and individuals engaged in fishing operations shall protect fishery resources according to the starting catching-standards so as to catch only larger ones and leave smaller ones. The starting catching-standards for fishes are: not less than 700 grams for black carps and grass carps, not less than 300 grams of silver carps and bighead carps, not less than 250 grams for carps, not less than 150 grams for breams, not less than 50 grams for crucian carps, and not less than 50 grams for crabs.

Article 19

No units or individuals shall, without authorization, purchase or sell on consignment the illegal catches that were caught in a fishing ban period or area and that do not conform to the catching standards. When discovering illegal catches, they shall report to the fishery supervision administration agency.

 

Chapter IV  Prevention and Treatment of Pollution of Fishery Water Zones

 

Article 20

       Where units and individuals that discharge polluted water (including drainage from farmland that has used fertilizer) and pollutants to contaminate fishery water zones, thus causing fishery loss, the fishery supervision administration agencies shall conduct investigation to handle the cases.

Article 21

       The fishery supervision administration agencies at all levels shall, jointly with the environmental protection departments, exercise supervisory administration over the prevention and treatment of fishery water pollution. A fishery environment monitoring station shall monitor the quality of fishery water and report the results to the same-level competent fishery administrative department and fishery supervision administration agency so as to provide monitoring data for handling of accidents that pollute fishery water zones.

Fishery environment monitoring stations shall be incorporated into this Municipality's environment-monitoring network.

 

Chapter V  Fishery supervision administration agencies

 

       Article 22

       The municipal and district/county competent fishery administrative departments may set up fishery supervision administration agencies or dispatch fishery inspectors to important fishery water zones, fishing ports or fishing towns/townships.

       Non-governmental fishery-protecting mass organizations of the districts/county shall conduct fishery-protecting administration according to law and under the leadership of the local fishery supervision administration agency. These organizations and their working personnel shall not exercise the power of administrative penalty.

       The higher-level fishery supervision administration agency has the power to conduct coordination or make decision on important issues concerning the supervisory work of the lower-level fishery supervision administration agencies.

Article 23

       The municipal competent fishery administrative department is responsible for the training and examination of fishery inspectors.

       Municipal fishery inspectors shall first pass the examination by the municipal competent fishery administrative department before their results are submitted to the state competent fishery administrative department for approval. The examination and approval of district/county fishery inspectors are the responsibility of the municipal competent fishery administrative department.

       The approving department shall issue the Certificate of Fishery Administrative Law Enforcement to fishery inspectors. 

Article 24

       When fishery inspectors are performing missions, they shall be neatly dressed in uniform and wear the State-prescribed identity badge, and show their enforcement certificate. When non-governmental fishery-protecting personnel are performing duties, they shall wear the badge made by the county fishery supervision administration agency.

 

Chapter VI  Awards and Penalties

 

Article 25

       The district/county people's government or the municipal competent fishery administrative department shall commend and award units and individuals that have made outstanding achievements in aquatic resource protection and meritorious persons who have reported or stopped acts that destroy aquatic resources.

Article 26

       The fishery supervision administration agencies shall handle any of the following acts in violation of these Provisions and these Rules:

       1. Where someone, without authorization, fills up or requisitions fishery water zones such as intensive fish-breeding ponds in violation of Article 13 of the Provisions and Article 6 of these Rules, the agencies shall order them to restore these zones to the original state and make compensations. 

       2. Where someone catches or kills the fries and young of fish, shrimps, crabs and shellfish in violation of Clause 2 of Article 14 of these Provisions, the agencies shall order them to make compensations, confiscate their catches and fishing gear, and, in case the catches have been sold, recover their illegal gains as well as impose a fine of not more than 500 yuan.

       3. Where someone, without permission, angles in the water zone of an aquaculture operator in violation of Article 23 of the Provisions and Article 12 of these Rules, the agencies shall order them to make compensations, retrieve their catches, and impose a fine of not more than 50 yuan if he/she ignores the dissuasion.

       Other acts in violation of these Provisions shall be handled in accordance with the provisions of laws, rules and other regulations.

Article 27

       Where someone fails to pay the protection fees for fishery resource expansion in violation of Clause 1 of Article 9 of these Rules, the fishery supervision administration agency shall order him/her to make up the payment within a time limit as well as pay a 0.5% overdue fine per day.  

Article 28

       A unit or an individual that has been penalized by a fishery supervision administration agency for its or his/her violation of laws and regulations shall carry out the penalty decision promptly.

Article 29

       When a fishery supervision administration agency confiscates catches, fishing gear and illegal gains and collects fines, it shall provide the uniform receipt printed by the competent fishery administrative department with the approval of the Municipal Finance Bureau, record what is confiscated and the fines in the fishery files.

       No individual shall handle the confiscated catches without authorization, which shall be purchased by a department designated by the fishery supervision administration agency.

       The fines shall be handed over to the state treasury according to provisions.

Article 30

       When acts in violation of fishery laws and regulations are taking place, the fishery supervision administration agencies shall immediately stop them.

       After a fishery supervision administration agency has made a decision of penalty, the written decision of penalty shall be delivered to the party concerned for enforcement. 

Article 31

       If the party subject to an administrative penalty disagrees with the specific administrative decision of the fishery supervision administration agency, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the provisions of the Law of the People's Republic of China on Administrative Reconsideration and the Administrative Litigation Law of the People's Republic of China. If the party, within the prescribed time limit, neither applies for administrative reconsideration or files a lawsuit, nor carries out the specific penalty decision, the agency that made the penalty decision shall apply to the people's court for enforcement.

 

Chapter VII  Supplementary Provisions

 

Article 32

       The "less than" and "more than" mentioned in these Rules include the numbers immediately after them.

Article 33

       The Shanghai municipal competent fishery administrative department is responsible for the interpretation of these Rules.

Article 34

       These Rules shall be effective as of October 1, 1993. The Implementation Rules for the Provisions of Shanghai Municipality on Protection of Aquaculture published on May 5, 1987 shall be repealed simultaneously.