Provisions on the Administration of Fishery Fishing Licenses (2002)

Chapter I General Provisions Article 1 In order to protect and rationally utilize fishery resources, control the intensity of fishing, maintain the order of fishery production, and safeguard the lawful rights and interests of fishery producers, these Provisions are formulated in accordance with the Fisheries Law of the People's Republic of China*** and the State of China (hereinafter referred to as the Fisheries Law). Article 2 Citizens of the People's Republic of China*** and the State of China, legal persons and other organizations engaging in fishery fishing activities, as well as foreigners engaging in fishery fishing activities in waters under the jurisdiction of the People's Republic of China*** and the State of China, shall comply with the present Provisions. Where treaties or agreements concluded by the People's Republic of China*** and the State provide otherwise, they shall be implemented in accordance with the treaties or agreements. Article 3 The State implements the management of boat and net gear control indexes for the fishing industry, and implements a fishing license system and a fishing quota system. Article 4 A system of issuers shall be implemented for the approval and issuance of fishery fishing licenses and certificates for the control of gears and nets. Article 5 The Ministry of Agriculture shall be in charge of the management of fishery fishing licenses nationwide.

The Ministry of Agriculture of the sea area fishery administration and fishing port supervision administration is responsible for the organization and implementation of fishing permit management in the sea area. Local people's governments at or above the county level fishery administrative departments and their fisheries supervision and management agencies are responsible for the administrative area of the fishing permit management organization and implementation. Chapter II Classification of fishing vessels and workplaces Article 6 marine fishing vessels are classified according to the following standards:

(a) marine large-scale fishing vessels: the main engine power greater than or equal to 441 kilowatts (600 horsepower).

(b) marine small fishing vessels: main engine power less than 44.1 kilowatts (60 horsepower) and the length of less than 12 meters.

(c) marine medium-sized fishing vessels: marine fishing vessels other than large and small marine fishing vessels. Inland waters fishing vessel classification standards developed by the provinces, autonomous regions and municipalities directly under the Central Government administrative department of fisheries. Article VII of marine fishing operations are divided into the following four categories:

(a) Class A fishing area: the Yellow Sea, the Bohai Sea, the East China Sea and the South China Sea and the Gulf of Tonkin and other areas of the sea motorized fishing boats bottom trawl closed area line to the land side of the sea.

(2) B fishing areas: our country and the agreement concluded with the country concerned to determine the *** with the management of the fishing area, Nansha waters, Huangyan Island waters and other specific fishery resources fishing grounds and aquatic germplasm resource conservation areas.

(C) C fishing areas: the Bohai Sea, Yellow Sea, East China Sea, South China Sea and other areas under China's jurisdiction in addition to A, B fishing areas. Among them, the Yellow Sea and Bohai Sea area is C1, the East China Sea area is C2, and the South China Sea area is C3.

(iv) Category D fishing areas: the high seas. Chapter III Ship Net Tool Indicator Management Article 8 The Ministry of Agriculture reported to the State Council for approval, to the relevant provinces, autonomous regions and municipalities directly under the Central Government issued marine fishing industry ship net tool control indicators. Local fisheries administrative departments at all levels to control the number of fishing vessels in their administrative areas, power, shall not exceed the state issued the boat net tool control indicators, the specific measures by the provinces, autonomous regions and municipalities directly under the Central People's Government, sent to the Ministry of Agriculture for the record. Inland waters fishing boat net tool control indicators and management methods, by the provinces, autonomous regions and municipalities directly under the Central People's Government. Article 9 The manufacture, renewal and reconstruction, purchase and import of marine fishing vessels must be approved by the competent authority of the examination and approval authority as stipulated in Article 11 and Article 12 of the present provisions, and the competent authority shall approve the indicators of boat net tools within the control indicators of boat net tools issued by the State. Article 10 For the manufacture, renewal and reconstruction, purchase and import of marine fishing vessels, the applicant shall fill in the Application for Indicator of Ship Net Tools for Fishery (Attachment 1), and apply to the competent fishery administrative department at or above the county level of the place where his household or enterprise is located with the certificate of domicile or business license (hereinafter referred to as the application for indicator), and then submit the application step by step to the competent authority with the authority of examination and approval for examination and approval. Those who apply for the indicator of boat net tools after eliminating old fishing vessels shall provide the Certificate of Scrapping of Fishing Vessels issued by the competent fishery administrative department at or above the county level. If the fishing vessel is lost due to a sea accident, the applicant shall provide proof of the cancellation procedure of the fishing license according to Article 33 of the present regulations. Application for professional offshore fishing vessel net gear indicators, should also provide the feasibility study report on offshore fishing projects and other materials. Article 11 The Ministry of Agriculture shall be responsible for the approval of the following marine fishing vessel net tool control index:

(1) professional offshore fishing vessels;

(2) marine large-scale trawlers and purse-seiners;

(3) cross-sea trading of fishing vessels between provinces, autonomous regions and municipalities directly under the central government;

(4) due to special needs, exceeding the nationally-issued provinces, autonomous regions, Municipalities directly under the Central Government of the fishing vessel net tool control indicators

(e) other law should be approved by the Ministry of Agriculture of the fishing vessel.

The control index of boat net tools for trading fishing vessels between provinces, autonomous regions and municipalities directly under the central government within the same sea area shall be approved by the fishery administration and fishery port supervision administration of the sea area where it is located, and reported to the Ministry of Agriculture for the record. Article XII in addition to the provisions of Article 11 of these Measures, other marine fishing vessels of the boat net tool control indicators, by the provincial fisheries administrative department in the state issued within the boat net tool control indicators for approval. Article 13 The boat net tool control index for manufacturing, upgrading and importing marine fishing vessels shall be resolved by eliminating the old fishing vessels within the scope of the province, autonomous region and municipality directly under the central government, and the number of vessels and power shall not exceed the number of vessels and power of the eliminated fishing vessels respectively. For the acquisition of boat net tool control indexes for marine fishing vessels, where fishing vessels are bought and sold between provinces, autonomous regions and municipalities directly under the central government, the boat net tool control indexes shall be transferred with the vessel. The purchasing party shall fill in the Application for Fishery Ship Net Tool Indicator, and at the same time, attach the certificate issued by the provincial fishery administrative department of the selling party agreeing to transfer the control index of the ship net tool, and submit it for approval in accordance with the provisions of Article 11 and Article 12 of the present Measures. The Ministry of Agriculture shall, according to the "Application for Fishery Ship Net Tool Indicator" approved by the Ministry of Agriculture for the sale and purchase of fishing vessels, approve the increase of the ship net tool control indicator of the province, autonomous region or municipality directly under the central government of the buyer, and approve the decrease of the control indicator of the seller's province, autonomous region or municipality directly under the central government of the seller, and notify it regularly. The provinces, autonomous regions and municipalities directly under the central government to buy and sell marine fishing vessels, boat net tool control index by the provinces, autonomous regions and municipalities directly under the central government to regulate themselves. During the period when the existing domestic fishing vessels are engaged in distant-water operations, the control indexes of their nets and tools shall be retained. Professional ocean-going fishing vessels are not counted in the provinces, autonomous regions and municipalities directly under the control of the boat net tool control index, unified management by the Ministry of Agriculture, shall not operate in the waters under the jurisdiction of our country.