Measures on the Administration of Aquatic Fingerlings
Measures on the Administration of Aquatic Fingerlings
Measures on the Administration of Aquatic Fingerlings
Order of the Ministry of Agriculture No. 46
January 5, 2005
The Measures on the Administration of Aquatic Fingerlings have been amended and adopted at the 37th executive meeting of the Ministry of Agriculture on December 21, 2004, and the amended Measures on the Administration of Aquatic Fingerlings are hereby promulgated and shall come into force as of April 1, 2005.
Measures on the Administration of Aquatic Fingerlings
Chapter I General Provisions
Article 1 With a view to protecting and reasonably utilizing aquatic germ plasm resources, strengthening the administration of selection and breeding of aquatic varieties and the production, operation, import and export of aquatic fingerlings, improving the quality of aquatic fingerlings, maintaining the legitimate rights and interests of the persons who produce, deal in or use aquatic fingerlings and promoting the steady and sound development of the aquaculture, these Measures are formulated pursuant to the Fishery Law of the People's Republic of China and other relevant laws and regulations.
Article 2 The "aquatic fingerlings" as mentioned in these Measures refer to the parents, juveniles, larvae, zygotes, spores or heredity and breeding materials of aquatic animals or plants used for breeding, cultivation, production, scientific research and experiments as well as for ornamental purpose.
Article 3 Any entity or individual that engages in the exploration and exploitation of aquatic germ plasm resources, selection and breeding of species, and the production, operation, management, import and export of aquatic fingerlings within the territory of the People's Republic of China shall abide by these Measures.
The administration on rare and endangered aquatic wild animals and plants and their fingerlings shall be carried out in accordance with relevant laws and regulations.
Article 4 The Ministry of Agriculture shall be responsible for the nationwide administration on aquatic germ plasm resources and aquatic fingerlings.
The fishery administrative departments of the local people's governments at or above the county level shall be responsible for the administration on aquatic germ plasm resources and aquatic fingerlings in their respective administrative regions.
Chapter II Protection of Germ Plasm Resources and Selection and Breeding of Species
Article 5 The state is collecting, sorting out, appraising, protecting, preserving and reasonably utilizing aquatic germ plasm resources in a planned manner. No entity or individual may encroach or spoil aquatic germ plasm resources.
Article 6 The state protects aquatic germ plasm resources and their living environments, and has established conservation areas of aquatic germ plasm resources in the areas where aquatic germ plasm resources with high economic value and heredity and breeding value grow and breed. No entity or individual may engage in fishing activities in a conservation area of aquatic germ plasm resources without the approval of the Ministry of Agriculture.
Any construction project that causes unfavorable influences on the aquatic germ plasm resources shall be dealt with pursuant to Article 35 of the Fishery Law of the People's Republic of China.
Article 7 A fishery administrative department of the people's government at the provincial level shall make a reasonable arrangement and construct aquatic protospecies aquafarm and fine breed aquafarm according to the requirements for developing the aquatic multiplication and breeding, natural conditions and characteristics of germ plasm resources.
The national or provincial aquatic protospecies aquafarm and fine breed aquafarm shall be responsible for keeping or selecting and breeding heredity materials and parents, and provide parents to the entities that breed aquatic fingerlings.
Article 8 The parents used for crossbreeding commercial fingerlings shall be pure line ones. No reproductive hybrid may be used for parent propagation.
Where any entity or individual raises reproductive hybrid individuals or the individuals of which the heredity features have been modified through such technologies as the biological engineering or their offspring, the entity or individual in question must take strict measures on segregation and prevention against escape from the aquafarm and shall not throw such individuals or their offspring into the river, lake, reservoir, sea area or any other natural water area.
Article 9 The state encourages and supports the selection, breeding, and popularization of good aquatic breeds.
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