Administrative Provisions on Pelagic Fishing
Administrative Provisions on Pelagic Fishing
Administrative Provisions on Pelagic Fishing
Order of the Ministry of Agriculture of the People's Republic of China (No. 27)
April 18, 2003
The " Administrative Provisions on Pelagic Fishing", which were deliberated and adopted at the 8th executive meeting of the Ministry of Agriculture on April 14, 2003, are hereby promulgated, and shall come into force on June 1, 2003.
Minister Du Qinglin
Administrative Provisions on Pelagic Fishing
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the "Fishery Law of the People's Republic of China" and other relevant laws and administrative regulations for the purpose of strengthening the administration of pelagic fishing, maintaining the lawful rights and interests of the state and those of pelagic fishing enterprises and their practitioners, protecting and rationally utilizing marine fishery resources, and promoting the sustainable and healthy development of pelagic fishing.
Article 2 Pelagic fishing as mentioned in these Provisions shall mean the fishery activities such as marine fishing and the auxiliary processing, supplementary supply and product transport, which are carried out by the citizens, legal persons and other organizations of the People's Republic of China on the high seas and in the sea areas under the jurisdiction of any other country, excluding the fishery activities carried out in the Yellow Sea, the East China Sea and the South China Sea.
Article 3 The Ministry of Agriculture shall take charge of the pelagic fishing work throughout China, take charge of the planning, organization and administration of pelagic fishing throughout China, and supervise jointly with other relevant department of the State Council the implementation of the state's relevant regulations and policies by pelagic fishing enterprises.
The fishery administrative department of the people's government at the provincial level shall take charge of the planning, organization, supervision and administration of pelagic fishing within its own jurisdiction.
Article 4 The Ministry of Agriculture shall adopt a system on the examination, approval and administration of projects as well as on the accreditation of enterprise qualification to pelagic fishing, and shall supervise and administer pelagic fishing vessels and seamen in accordance with the law.
Chapter II Application for and Examination and Approval of Pelagic Fishing Projects
Article 5 An enterprise simultaneously meeting the following conditions may engage in pelagic fishing and apply for carrying out a pelagic fishing project:
1. It is registered in an administrative department for industry and commerce in China, and has the status of an independent legal person;
2. It has lawful fishing vessels suitable for engaging in pelagic fishing;
3. It has the economic capacities to undertake project operations and to assume unexpected risks, and good credit standing, as well;
4. It has full-time managers who are familiar with the policies and the relevant legal provisions on pelagic fishing, background information abroad, and has no less than 3 years of pelagic fishing production and management experiences.
5. It has no record of disqualification of a pelagic fishing enterprise by the Ministry of Agriculture within 3 years prior to the application; the enterprise's principal person-in-charge or the person-in-charge of the project has no record of holding the position of an enterprise's principal person-in-charge or the person-in-charge of a project, whose qualification to be a pelagic fishing enterprise was revoked by the Ministry of Agriculture within 3 years prior to the application.
Article 6 Where an enterprise meeting the conditions in Article 5 of these Provisions applies for carrying out a pelagic fishing project, it shall file the application via the local fishery administrative department of the people's government at the provincial level, and shall, after obtaining consent of the fishery administrative department of the people's government at the provincial level through examination and check, submit the application to the Ministry of Agriculture for examination and approval. An enterprise directly under the Central Government shall directly submit the application to the Ministry of Agriculture for examination and approval.
Article 7 An applicant shall submit the following materials when applying for a pelagic fishing project:
1. Project application report. The application report shall include the basic information and conditions of the enterprise, the project organization and management plan, the information on the pelagic fishing project which has been carried out (if any), and other similar contents, and meanwhile the applicant shall fill out the "Form of Basic Information on Applying for Pelagic Fishing Projects" (see Appendix I).
2. A photocopy of the enterprise's business license, and a testimonial on its banking credit standing.
3. The project feasibility study report.
4. If the applicant intends to work in the exclusive economic zone of another country, it shall provide its cooperation agreement with the foreign party or the testimonial of the competent department of that foreign country on consenting to the fishing activities, and the opinions of the Chinese embassy (consulate) in the country where the project is located; while if the applicant intends to undertake work on the high seas, it shall fill out the "Application Letter for License for Fishing on the High Seas" (see Appendix II).
5. The certificate of ownership for the fishing vessel, the registration (nationality) certificate, the original and photocopy of the inspection certificate for the pelagic fishing vessel (or survey report) (The photocopy shall be submitted to the Ministry of Agriculture after being examined and checked by the fishery administrative department of the people's government at the provincial level to be inerrant and confirmed by the said administrative department with its seal affixed to the photocopy).
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