The Current Position:Home>>Fisheries
 

Interim Administrative Measures on Aquatic Germplasm Resources Conservation Zones

DATE:2012-04-26       SOURCE:
 

 

 

(Being effective as of March 1, 2011)

 

Chapter I

General Provisions

 

Article 1 To regulate the establishment and management of aquatic germplasm resources conservation zones and strengthen the protection of aquatic germplasm resources, the Measures are formulated pursuant to the Fishery Law and other relevant laws and regulations.

 

Article 2 For the purpose of the Measures, the term “aquatic germplasm resources conservation zones” refers to water areas and tidal flats which are delimited for special protection and management in major areas where aquatic germplasm resources with high economic value and hereditary and breeding value grow and breed for the purpose of protecting aquatic germplasm resources and the living environment thereof, and the adjacent insular reefs and land areas thereof.

 

Article 3 The establishment and management of aquatic germplasm resources conservation zones within the territory of the People’s Republic of China and other water areas under the jurisdiction of the People’s Republic of China and engagement in activities related to conservation zones shall comply with the Measures.

 

Article 4 The Ministry of Agriculture (hereinafter referred to as the “Ministry”) shall be in charge of protection of aquatic germplasm resources conservation zones nationwide.

 

Departments of fishery administration under the people’s governments at or above the county level shall be in charge of protection of conservation zones in the areas under their respective jurisdiction.

 

Article 5 The Ministry shall organize departments of fishery administration under the people’s governments at the provincial level to develop a national master plan for protection of aquatic germplasm resources conservation zones, and strengthen the development of conservation zones.

 

Departments of fishery administration under the people’s governments at the provincial level shall develop implementation plans for conservation zones in their respective administrative regions in accordance with the national master plan, and organize the implementation.

 

Departments of fishery administration shall seek support from the people’s governments at all levels for increased input in the development and management of conservation zones.

 

Article 6 Any unit or individual shall have the right to report the destruction and illegal occupation of aquatic germplasm resources conservation zones to departments of fishery administration, their subordinatefishery superintendency agencies, or management agencies of conservation zones. These authorities, after receiving reports, shall conduct investigation and punishment according to law, and notify informants of the results.

 

Chapter II

Establishment of Aquatic Germplasm Resources Conservation Zones

 

Article 7 Aquatic germplasm resources conservation zones should be established in the following regions:

 

a. Where located are major areas for key species of aquatic organisms under protection of national and local regulations to grow and breed;

 

b. Where aquatic germplasm resources peculiar to the country or local areas grow and breed;

 

c. Where major pedigree fingerlings and seed fries of aquaculture grow and breed; and

 

d. Where other aquatic germplasm resources with high economic value and hereditary and breeding value grow and breed.

 

Article 8 Aquatic germplasm resources conservation zones are classified into national and provincial ones. According to resources, environments and protection requirements of targets under protection, conservation zones may be divided into core areas and experimental areas.

 

The Ministry and departments of fishery administration under the people’s governments at provincial level may establish national and provincial appraisal committees of conservation zones respectively to evaluate application for establishing conservation zones.

 

The said appraisal committees shall comprise experts from fisheries, environmental protection, water conservancy, transportation, oceans and biological protection.

 

Article 9 Where a provincial aquatic germplasm resources conservation zone is to be established, the department of fishery administration of the people’s government at the county or municipal level shall, with approval by the people’s government at the same level, apply for establishment to the department of fishery administration under the people’s government at the provincial level. With evaluation by the provincial appraisal committee of the application, the provincial department of fishery administration shall approve its establishment, and release information including the name, location, scope, and major protection targets of the conservation zone.

 

The department of fishery administration at provincial level may establish provincial conservation zones according to needs.

 

Article 10 Where aprovincial aquatic germplasm resources conservation zone is qualified to become a national one, the department of fishery administration under the people’s government at the provincial level may apply to the Ministry for a national conservation zone. With evaluation of the national appraisal committee of aquatic germplasm resources conservation zones, the Ministry shall approve its establishment and release information including the name, location, scope and major protection targets of the conservation zone.

 

The Ministry may establish national conservation zones according to needs.

 

Article 11 Where a aquatic germplasm resources conservation zone that straddles several administrative divisions or water areas under their respective jurisdiction is proposed to be established, local departments of fishery administration involved shall file a joint application after consultation, or the department of fishery administration at the next higher level of them shall file an application. The approval shall follow the procedures stated in Article 9 and 10 of the Measures.

 

Article 12 The following documents shall be submitted when an application for establishment of an aquatic germplasm resources conservation zone is filed.

 

a. An application form, stating the major targets under protection, protection value, scope, and agencies and basis of management of the conservation zone;   

 

b. A comprehensive study report, stating the species under protection, ecosystems, social and economic situations, conditions for management and overall evaluation of the conservation zone;

 

c. A conservation zone plan, stating its targets and components including the division of core areas and experimental areas;

 

d. A large scale map of the conservation zone and other required data.

 

Article 13 Aquatic germplasm resources conservation zones shall be named in following ways.

 

a. For a national conservation zone: name of the region where the conservation zone is located + name of the target under protection + national aquatic germplasm resources conservation zone;

 

b. For a provincial conservation zone: name of the region where the conservation zone is located + name of the target under protection + provincial aquatic germplasm resources conservation zone;

 

c. For a conservation zone with more than one targets under protection or important ecological functions: name of the region where the conservation zone is located + national or provincial aquatic germplasm resources conservation zone;

 

d. For a conservation zone with a protection target peculiar to the region: name of the region where the conservation zone is located + name of the special fish + national or provincial aquatic germplasm resources conservation zone.

 

Chapter III

Management of Aquatic Germplasm Resources Conservation Zones

 

Article 14 Aquatic germplasm resources conservation zones established by approval shall be administrated by local departments of fishery administration under the people’s governments at or above the county level.

 

Departments of fishery administration under the people’s governments at or above county level shall identify management agencies of conservation zones, provide them with managerial, law-enforcement and technical personnel as well as corresponding equipment and facilities, and shall be in charge of administration of conservation zones.

 

Article 15 Main responsibilities of management agencies of aquatic germplasm resources conservation zones are as follows:

 

a. Formulate the management system of conservation zones;

 

b. Set up and maintain boundary tablets, markers and protection facilities of conservation zones;

 

c. Conduct survey, monitoring, preservation and ecological restoration of aquatic organism resources and their living environments;

 

d. Save protected species that are injured, sick, stranded or incidentally captured;

 

e. Launch campaigns for awareness and education of aquatic germplasm resources protection;

 

f. Law enforcement of fishery administration according law; and

 

g. Investigate events affecting conservation zones according to law, and report major issues promptly to departments of fishery administration.

 

Article 16 The Ministry and provincial departments of fishery administration shall set special protection periods by taking into account critical stages of protection targets of national and provincial aquatic germplasm resources conservation zones, such as the stages of reproduction, growing and breeding. Fishing operations, explosions and other activities that may destroy resources and ecosystems in conservation zones shall not be carried out during the special protection periods.

 

Fishing operations shall observe the Fisheries Law and other relevant laws and regulations during non-special protection periods.

 

Article 17 Where construction projects such as water conservancy, waterway dredging, waterlock and dam construction, exploration and exploitation of mineral resources and port construction are carried out in aquatic germplasm resources conservation zones, or where projects that may injury their functions are carried out outside conservation zones, study reports on projects’ impacts on conservation zones shall be prepared and incorporated into environmental impact evaluation reports of such projects in accordance with relevant regulations of the State.

 

Article 18 Departments of fishery administration under the people’s governments at or above the provincial level shall play a part in evaluation of environmental impacts of construction projects on aquatic germplasm resources conservation zones according to law, organize experts to examine study reports on projects’ impacts on conservation zones, and provide construction units and competent departments in charge of environmental impact evaluation with opinions that are made on the basis of the examination results.

 

Construction units shall incorporate opinions from departments of fishery administration into environmental impact evaluation reports, and take protective measures based on their opinions.

 

Article 19 A unit or an individual who conducts activities of resources surveys, scientific research, teaching practice, visits and filming of aquatic animals shall observe relevant laws and regulations as well as management systems of conservation zones, and shall not damage aquatic germplasm resources and their living environment.

 

Article 20 It shall be forbidden to reclaim land from lakes and sea anywhere in aquatic germplasm resources conservation zones.

 

Article 21 It shall be forbidden to construct sewage outfalls in aquatic germplasm resources conservation zones.

 

The construction, reconstruction and expansion of sewage outfalls in adjacent areas of conservation zones shall ensure water bodies in conservation zones not to be polluted.

 

Article 22 Withdrawal and adjustment of aquatic germplasm resources conservation zones shall follow the established procedures.

 

Article 23 A unit or an individual who violates the Measures by damaging aquatic germplasm resources or their living environments in aquatic germplasm resources conservation zones shall be punished by departments of fishery administration under the people’s governments at or above the county level, or their subordinate fishery superintendency agencies or management agencies of conservation zones.

 

Chapter IV 

Supplementary Provisions

 

Article 24 Departments of fishery administration under the people’s governments at the provincial level may formulate implementation rules on the basis of the Measures.

 

Article 25 The Measures shall come into force as of March 1, 2011.

 

Related Accessories:

Fold