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Fisheries Law of the People's Republic of China.
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FAOLEX Id: LEX-FAOC023913
Countries: China
Regions: ASIA;North Pacific;North-West Pacific;East Asian Seas;Eastern Asia
Date of original Text: 20/01/1986
Date of Consolidation: 28/08/2004
Amended by: LEX-FAOC023789 Decision of Amending the Fisheries Law of the People's Republic of China. 01/12/2000
Amended by: LEX-FAOC061916 Decision of the Standing Committee of the National People’s Congress about Amending the Fishery Law of the People’s Republic of China. 28/04/2004
Implemented by: LEX-FAOC001094 Procedures for the collection and use of fishery resources propagation and protection fees. 09/10/1988
Implemented by: LEX-FAOC001095 Regulations on fishing licence management, 1989. 1989
Implemented by: LEX-FAOC001096 Regulations for the Implementation of the Fisheries Law of the People's Republic of China, 1987. 14/10/1987
Type of Text: Legislation
Abstract: This Law consists of 6 Chapters divided into 50 articles: General provisions (I); Aquaculture (II); Fishing (III); Increase and protection of fishery resources (IV); Legal liability (V); Supplementary provisions (VI).This Law aims at enhancing the protection, increase, development and reasonable use of fishery resources, and at developing artificial cultivation, protecting fishery workers' lawful rights and boosting fishery production. A special emphasis shall be given to the development of aquaculture. Another priority is research in fishery science.The Law defines which institutions deal with fishery matters at the federal, state and local levels.In addition, the Law determines specific water areas devoted to the development of aquaculture. The regime of exploitation of such water areas is set in Chapter II and the State shall protect ownership and rights to the use of water surfaces and tidal flats. Dispute settlements arising from ownership and rights to the use of water surfaces are set out in the text.Moreover, the State shall determine the total amount of fishery resources and shall implement a fishing quota system. The State shall also implement a fishing licence system and work out fisheries management plans.The Law further spells out specific protection measures such as prohibition of the use of explosives and poisons in fishing and prohibition of catching fry of aquatic animals of important economic value. Furthermore, underwater exploration by means that may have serious effects on fishery resources requires prior consultation of the Department of Fishery Administration.
Main subjects: Fisheries