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Provisions on the Administration of Fishing License (2112)

chapter I general provisions article 1 these provisions are formulated in accordance with the fishery law of the people's Republic of China (hereinafter referred to as the fishery law) for the purpose of protecting and rationally utilizing fishery resources, controlling fishing intensity, maintaining fishery production order and safeguarding the legitimate rights and interests of fishery producers. Article 2 Citizens, legal persons and other organizations of the People's Republic of China engaged in fishing activities, and foreigners engaged in fishing activities in waters under the jurisdiction of the People's Republic of China and the People's Republic of China shall abide by these Provisions. Where there are other provisions in the treaties and agreements concluded by the People's Republic of China, the treaties and agreements shall prevail. Article 3. The State shall manage the control indicators of fishing nets and tools, and implement a fishing license system and a fishing quota system. Article 4 The issuer system shall be adopted for the examination, approval and issuance of certificates such as fishing licenses and control indicators of ship nets and tools. Article 5 The Ministry of Agriculture shall be in charge of the management of fishing licenses throughout the country.

the fishery administration and fishing port supervision administration of each sea area of the Ministry of agriculture is responsible for the organization and implementation of fishing license management in this sea area. The fishery administrative department of the local people's government at or above the county level and its subordinate fishery superintendency agencies shall be responsible for the organization and implementation of the management of fishing licenses within their respective administrative areas. Chapter ii classification of fishing vessels and workplaces article 6 marine fishing vessels are classified according to the following standards:

(1) large marine fishing vessels: the main engine power is 441 kw (611 HP) or more.

(2) Small fishing boats in the ocean: the main engine power is less than 44.1 kW (61 HP) and the captain is less than 1.2 meters.

(3) medium-sized marine fishing vessels: marine fishing vessels other than large and small marine fishing vessels. The classification standards for fishing boats in inland waters shall be formulated by the fishery administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government. Article 7 Marine fishing workplaces are divided into the following four categories:

(1) Class A fishing areas: the sea area where the bottom trawl fishing area of motor fishing boats in the Yellow Sea, the Bohai Sea, the East China Sea, the South China Sea and the Beibu Gulf is on the land side.

(2) Class B fishing area: the * * * co-managed fishing area, Nansha sea area, Huangyan Island sea area and other specific fishery resources fishing grounds and aquatic germplasm conservation zone determined by the agreements concluded between China and relevant countries.

(3) Class C fishing areas: Bohai Sea, Yellow Sea, East China Sea, South China Sea and other sea areas under the jurisdiction of China except Class A and Class B fishing areas. Among them, the Yellow Sea and Bohai Sea are C1, the East China Sea is C2, and the South China Sea is C3.

(4) Class D fishing area: high seas. Chapter III Management of Ship-net Tools Index Article 8 The Ministry of Agriculture shall issue the control index of ship-net tools in marine fishing industry to relevant provinces, autonomous regions and municipalities directly under the Central Government after reporting to the State Council for approval. The local fishery administrative departments at all levels shall control the number and power of fishing boats within their respective administrative areas, and shall not exceed the control indicators of fishing nets and tools issued by the state. The specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to the Ministry of Agriculture for the record. The control indicators and management measures for fishing nets and tools in inland waters shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 9 The manufacture, renovation, purchase and import of marine fishing boats must be approved by the competent authorities with the power of examination and approval as stipulated in Articles 11 and 12 of these Provisions, and the competent authorities shall verify the indicators of the net tools within the control indicators of the net tools issued by the state. Article 11 To manufacture, renovate, purchase or import marine fishing boats, the applicant shall fill in the Application for Indicators of Fishing Net Tools (Annex 1), submit an application to the fishery administrative department at or above the county level where the household registration or enterprise is located with the household registration certificate or business license (hereinafter referred to as the indicator application), and report it to the competent authority with the power of examination and approval step by step. After the old fishing boats are eliminated, those who apply for the indicators of fishing net tools shall provide the certificate of scrapping fishing vessels issued by the fishery administrative department at or above the county level. Where a fishing vessel is lost due to an average accident, the applicant shall provide a certificate of cancellation of fishing license in accordance with the provisions of Article 33 of these Provisions. To apply for the indicators of professional offshore fishing boats' nets, the feasibility study report of offshore fishing projects and other materials shall also be provided. Article 11 The Ministry of Agriculture shall be responsible for the examination and approval of the following marine fishing vessel net tool control indicators:

(1) Professional ocean-going fishing vessels;

(2) large trawlers and purse seiners;

(3) buying and selling fishing boats across the sea between provinces, autonomous regions and municipalities directly under the Central Government;

(4) Fishing boats that have exceeded the control targets of fishing nets in provinces, autonomous regions and municipalities directly under the Central Government due to special needs

(5) Other fishing boats that should be approved by the Ministry of Agriculture according to law.

the control indicators of fishing nets and tools for buying and selling fishing boats between provinces, autonomous regions and municipalities directly under the central government in the same sea area shall be examined and approved by the fishery administration and fishing port supervision administration in the sea area where they are located and reported to the Ministry of Agriculture for the record. Twelfth in addition to the provisions of Article 11 of these measures, other marine fishing boats' nets and tools control indicators shall be examined and approved by the provincial fishery administrative departments within the nets and tools control indicators issued by the state. Article 13 The control index of net tools for manufacturing, upgrading and importing marine fishing boats should be solved by eliminating old fishing boats within the scope of this province, autonomous region and municipality directly under the Central Government, and the number and power of boats should not exceed the number and power of eliminated fishing boats respectively. The control index of net tools for marine fishing boats is purchased, and the control index of net tools is transferred with the ship if fishing boats are bought or sold between provinces, autonomous regions and municipalities directly under the Central Government. The purchaser shall fill in the Application Form for Indicators of Fishing Net Tools, and attach a certificate issued by the provincial fishery administrative department of the seller agreeing to transfer the control indicators of fishing net tools, which shall be submitted for approval in accordance with the provisions of Articles 11 and 12 of these Measures. The Ministry of Agriculture shall, according to the Application for the Indicators of Fishing Nets and Tools for Buying and Selling Fishing Vessels approved by the examination and approval, increase the control indicators of fishing nets and tools for buying provinces, autonomous regions and municipalities directly under the Central Government, and decrease the control indicators of fishing nets and tools for selling provinces, autonomous regions and municipalities directly under the Central Government, and report them regularly. Where marine fishing boats are bought and sold in this province, autonomous region or municipality directly under the Central Government, the control index of the fishing net tools shall be adjusted by the provinces, autonomous regions and municipalities directly under the Central Government. During the period when the existing domestic fishing boats are engaged in ocean-going operations, the control indicators of their nets and tools shall be retained. Professional ocean-going fishing boats are not included in the control indicators of ship nets and tools of provinces, autonomous regions and municipalities directly under the Central Government, and are under the unified management of the Ministry of Agriculture, and may not operate in the sea areas under the jurisdiction of China.