People's Republic of China Ministry of Agriculture Order
No. 20
The Regulations on the Management of Aquatic Biodiversity Relief and Release has been reviewed and passed at the 4th executive meeting of the Ministry of Agriculture on March 20, 2009. It is hereby promulgated and will come into effect on May 1, 2009.
Minister: Sun Zhengcai
March 24, 2009
Aquatic biological proliferation management regulations
The first is to regulate the proliferation and release of aquatic organisms, scientifically conserve aquatic biological resources, maintain biological security and aquatic ecological security, and promote the sustainable and healthy development of fisheries, according to the "Fisheries Law of the People's Republic of China" and the "Wildlife Protection Law of the People's Republic of China." And other laws and regulations that set out this provision.
Article 2 The proliferation and release of aquatic organisms as referred to in these Regulations refers to the activities of releasing living aquatic organisms such as broodstocks and seedlings into public waters such as oceans, rivers, lakes and reservoirs by artificial methods such as releasing, drilling, and transplanting.
Article 3 The proliferation and release of aquatic organisms within the waters under the jurisdiction of the People's Republic of China shall abide by these regulations.
Article 4 The Ministry of Agriculture is in charge of the proliferation and release of aquatic organisms throughout the country.
The fishery administrative department of the local people's government at or above the county level shall be responsible for the organization, coordination and supervision of the proliferation and release of aquatic life within its administrative area.
Article 5 Fisheries administrative departments at all levels shall increase their input in the proliferation and release of aquatic life, and actively guide and encourage social funds to support the conservation and proliferation of aquatic biological resources.
The special fund for the proliferation and release of aquatic life should be earmarked for special purposes and comply with relevant regulations. Where the administrative department of fishery uses social funds for proliferation and release, it shall disclose the use of funds to the society and its contributors.
Article 6 The fishery administrative department of the people's government at or above the county level shall actively carry out propaganda and education on the conservation and proliferation of aquatic biological resources, and raise the awareness of citizens in the preservation of aquatic biological resources and the protection of the ecological environment.
Article 7 The fishery administrative department of the people's government at or above the county level shall encourage units, individuals, and all walks of life to participate in and carry out activities to promote the proliferation and proliferation of aquatic organisms through various ways and means such as purchasing and releasing seedlings, donating funds, and participating in volunteer activities. For units and individuals that have made outstanding contributions, they should adopt appropriate methods to give propaganda and encouragement.
Article 8 The fishery administrative department of the local people's government at or above the county level shall formulate plans for the proliferation and release of aquatic organisms within its administrative area, and report it to the fishery administrative authority at the next level for the record.
Article 9 The species of artificially propagated aquatic organisms used for proliferation and release shall come from qualified production units. Among them, those that belong to economic species should come from the seed production units that hold the “Fish Production License for Aquaculture Seedsâ€; those that belong to rare and endangered species should come from the seed production units that hold the License for the Domestication and Breeding of Aquatic Wild Animals. .
The fishery administrative department shall, in accordance with the principle of “openness, fairness, and fairness,†procuring aquatic organisms for release or determining seedling production units through tendering or negotiation.
Article 10 Aquatic organisms such as broodstock and seedlings used for proliferation and release shall be native species. Seedlings shall be the original species or the sub-generation of the native species. If it is really necessary to release other types of seed, it shall be demonstrated by experts organized by the fishery administrative department at or above the provincial level.
It is prohibited to use alien species, hybrid species, genetically modified species, and other aquatic species that do not meet ecological requirements for proliferation and release.
Article 11 Aquatic organisms used for proliferation and release shall be qualified by inspection and quarantine in accordance with the law, so as to ensure that health is free from disease and no drug residues are prohibited.
Article 12 The fishery administrative department shall organize and carry out the activities of proliferation and release. The activities shall be conducted openly. Representatives of fishermen, relevant scientific research units, social organizations, etc. shall be invited to participate and accept social supervision.
The type, quantity, and specifications of aquatic organisms to be released and released shall be publicized to the public.
Article 13: Where entities and individuals carry out large-scale proliferation and release of aquatic life on their own, they shall report to the fishery administrative department of the local people's government at or above the county level on the 15th day in advance the types, quantity, specifications, time and location of the proliferation and release, etc. supervised check.
Upon examination of the proliferation and release activities that conform to these Provisions, the fishery administrative department of the local people's government at or above the county level shall provide the necessary support and assistance.
The scale standards for proliferation and release activities that should be reported and accepted for inspection shall be determined by the fishery administrative department of the local people's government at or above the county level in accordance with the regional aquatic organism proliferation and release plan.
Article 14 Proliferation and release shall comply with the technical specifications for the proliferation and release of aquatic organisms formulated by the fishery administrative department of the people's government at or above the provincial level, and shall adopt appropriate discharge methods to prevent or reduce the damage to the aquatic organisms that are released.
Article 15 The administrative department of fishery shall adopt protective measures such as demarcating prohibited fishing areas and determining prohibited fishing periods in the proliferating and releasing water areas to strengthen the protection of proliferating resources and ensure the effect of proliferation and release.
Article 16 The fishery administrative department shall organize and carry out scientific research and technical guidance on proliferation and release, and take measures such as sign release, follow-up monitoring and social surveys to evaluate the effects of proliferation and release.
Article 17: The fishery administrative department of the local people's government at or above the county level shall determine the quantity, method, source and amount of funds, and releasing activities of the type, quantity, specification, time, place, and sign of the release of aquatic organisms for the current year in the area under their jurisdiction. The statistical summary was reported to the fishery administrative authority at the next level for record before the end of November.
Article 18 Any violation of these Provisions shall be punished in accordance with relevant laws and regulations such as the Fisheries Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Wildlife.
Article 19 This provision shall come into force on May 1, 2009.