Order of the Ministry of Agriculture of the People's Republic of China on Releasing the Provisions on the Conservation of Biological Resources in Bohai Sea

Order of the Ministry of Agriculture of the People's Republic of China on Releasing the Provisions on the Conservation of Biological Resources in Bohai Sea

Order of the Ministry of Agriculture of the People's Republic of China [2004] No.34

February 12, 2004

The "Provisions on the Conservation of Biological Resources in Bohai Sea", which were deliberated and adopted at the 2nd executive meeting of the Ministry of Agriculture on January 15, 2004, are hereby promulgated, and shall come into force on May 1, 2004.

Du Qinglin, Minister

Attached: Provisions on the Conservation of Biological Resources in Bohai Sea

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the "Fishery Law of the People's Republic of China", the "Marine Environment Protection Law of the People's Republic of China" and other laws and regulations for the purpose of protecting, increasing and rationally utilizing the biological resources in Bohai Sea, protecting the ecological environment of the Bohai Sea area, safeguarding the lawful rights and interests of fishery workers, and promoting the sustainable development of the fishery industry in Bohai Sea.

Article 2 Bohai Sea as mentioned in these Provisions shall mean the sea area to the west of the line connecting Laotieshan Lighthouse (North Latitude 38º43'41", East Longitude 121º07'43") and Penglai Lighthouse (North Latitude 37º49'54", East Longitude 120º44'13').

Article 3 The entities and individuals who engage in aquaculture and fishing of aquatic animals, fishery production of aquatic plants or other relevant activities in Bohai Sea shall abide by these Provisions. The entities and individuals who engage in the activities related to aquatic wild animals and wild plants emphatically protected by the State shall abide by the relevant provisions in the "Law of the People's Republic of China on Wildlife Protection", the "Regulation on the Protection of Aquatic Wild Animals", and the "Regulations of the People's Republic of China on Wild Plants Protection".

Article 4 The Ministry of Agriculture shall take charge of the conservation of biological resources in Bohai Sea. The Supervisory and Administrative Bureau of Fishery and Fishing Harbors in the Yellow Sea and Bohai Sea Areas under the Ministry of Agriculture shall take charge of organizing, coordinating, supervising and administering the conservation of biological resources in Bohai Sea. The coastal fishery administrative departments of the local people's governments alongside Bohai Sea at the county level or above shall take charge of the conservation of biological resources within their own jurisdictions.

Article 5 The coastal fishery administrative departments of the local people's governments alongside Bohai Sea at the county level or above shall, according to the State's planning on utilization of water areas, the approved division of marine functions and division of riparian sea area environment functions, compile a plan on utilization of fishery water areas within their jurisdictions, and organize the implementation thereof upon approval of the people's government at the same level. Except for the fishing harbors and fishery facility base construction areas, fishery water areas may be divided into aquaculture areas, reproducing areas, fishing areas and important fishery varieties preservation areas. It is prohibited to include the important spawning grounds, feeding grounds, overwintering grounds and migration routes of biological resources in Bohai Sea into aquaculture areas. No one may delimit an aquaculture area within a national marine natural preservation area, precious and rare endangered marine life preservation area, or any other similar riparian marine environment function area of Class 1.

Article 6 The coastal fishery administrative departments of the local people's governments at the county level or above shall take measures to improve and reinstate the ecological conditions of Bohai Sea, control the fishing intensity, increase and conserve the biological resources in Bohai Sea, develop ecological fishery, and promote the fishery sustainable development in Bohai Sea.

Article 7 The coastal fishery administrative departments of the local people's governments at the county level or above shall, according to the situation of biological resources in Bohai Sea, propose measures for controlling and minifying the fishing intensity, adjust the production structure of the fishing industry, and guide and support fishermen to transfer to other industries.

Chapter II Aquaculture and Fishing

Article 8 The Bohai Sea coastal fishery administrative departments of the local people's governments at the county level or above shall make uniform planning on and scientific evaluation of aquaculture areas, determine the aquaculture development layout and the capacity of aquaculture water areas, develop and popularize ecological aquaculture.

Article 9 Whoever uses a water area or beach owned by the whole people in Bohai Sea to engage in aquaculture production shall file an application to the coastal fishery administrative department of the local people's government at the county level or above, and the people's government at the present level shall ratify and issue the aquaculture certificate.
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