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Measures for Licensing and Registration of Aquaculture in Waters and Tidal Flats

DATE:2012-04-26       SOURCE:
 

 

 

(Being effective as of July 1, 2010)

 

 

Chapter I 

General Provisions

 

Article 1 The Measures are formulated in accordance with the Property Law of the People’s Republic of China, the Fisheries Law of the People’s Republic of China and the Law of the People’s Republic of China on the Contracting of Rural Land, for the purpose of protecting the legitimate rights and interests of aquaculture farmers and regulating the licensing and registration work for aquaculture in waters and tidal flats.

 

Article 2 For the purpose of the Measures, the term “waters and tidal flats” refers to the waters and tidal flats that are planned or identified by other means for the use of aquaculture by the local people’s government at or above the county level in accordance with law.

 

For the purpose of the Measures, the term “aquaculture right” refers to the right obtained in accordance with law to use waters and tidal flats for aquaculture.

 

Article 3 Where waters and tidal flats are used for aquaculture, the aquaculture right of waters and tidal flats shall be identified by licenses issued by the local people’s government at or above the county level.

 

The fishery authorities of the local people’s government at or above the county level shall be in charge of licensing and registration work for aquaculture in waters and tidal flats and establishing a register to record items articulated in the license.

 

Article 4 Holders of the right may enjoy the state’s supportive policies for aquaculture with the license.

Chapter II Licensing and registration for the use of the state-owned waters and tidal flats

 

 

Chapter II

Licensing and Registration of Waters and Tidal Flats Owned by the State

 

Article 5 Where the state-owned waters and tidal flats are to be used for aquaculture, an application shall be filed to the fishery authorities of the local people’s government at or above the country and the following documents shall be submitted:

 

1. An application form for the aquaculture license

 

2. Identification papers of an individual citizen, qualification documents of a legal person or other organizations, and identification papers of a legal representative or a person in charge.

 

3. Other documents that shall be submitted in accordance with law

 

Article 6 The fishery authorities of the local people’s government at or above the county level shall make examination in writing and field verification of the submitted documents within 15 workdays after receiving the documents. The applicant that meets the requirements shall be published for opinions for a period of 10 days at the location of the waters and tidal flats involved. In the case that an applicant fails to meet the requirements, the applicant shall be informed in writing.

 

Article 7 When the period of publishing for opinions expires, the fishery authorities of the local people’s government at or above the county level shall report to and ask the government at the same level to issue the aquaculture license to the applicant that meets the following requirements, and record into the register the items stipulated in the aquaculture license.

 

1. The waters and tidal flats applied for may be used for aquaculture in accordance with law;

 

2. Documents are legitimate and valid;

 

3. There are no disputes over ownership.

 

All items which are stipulated in the aquaculture license shall be recorded into the register correctly.

 

Article 8 The following types of local fishery producers shall have the priority to use the state-owned waters and tidal flats for the purpose of aquaculture:

 

1. Those who take aquaculture in waters and tidal flats as their main livelihood;

 

2. Those who shift from fishing industry to aquaculture due to restructuring of fisheries; and

 

3. Those who need to move to other waters and tidal flats for aquaculture due to readjusting of aquaculture plans of their original waters and tidal flats.

 

Article 9 Where the aquaculture right of the state-owned waters and tidal flats is transferred in accordance with law, a new licensing and registration shall be applied for with the original one according to previsions of this chapter.

 

Chapter III

Licensing and Registration of Waters and Tidal Flats Owned by Collectives or Owned by the State but Used by Collectives

 

 

Article 10 Where waters and tidal flats owned by farmer collectives or the state and used by farmer collectives in accordance with law are used for aquaculture in the form of contracting by households, the following procedures shall be abided by for licensing and registration 

 

1. After the contract for waters and tidal flats becomes effective, the contract-letting party shall submit within 30 workdays to the fishery authorities of the local people’s government at or above the county level detailed information on the contracting plan, the contract-undertaking party, the contracted waters and tidal flats and the contract;

 

2. The fishery authorities of the local people’s government at or above the county level shall examine and verify the documents submitted by the contract-letting party; submit the documents that meet the requirements to the people’s government at the same level for verification and issuance of the aquaculture license and record the items stipulated in the license into the register; and inform the party in writing if the documents fail to meet the requirements.

 

Article 11 Where waters and tidal flats owned by farmer collectives or owned by the state but used by farmer collectives in accordance with law are used for aquaculture by means of bid invitation, auction or open consultation, the following procedures shall be abided by for licensing and registration when the contract-undertaking party applies for the aquaculture license

 

1. After the contract becomes effective, the contract-undertaking party shall complete the application form for the aquaculture license and submit the documents concerning the contract of waters and tidal flats to the fishery authorities of the local people’s government at or above the county level;

 

2. The fishery authorities of the local people’s government at or above the county level shall examine and verify the documents submitted by the contract-undertaking party; submit the documents that meet the requirements to the people’s government at the same level for verification and issuance of the license and record the items stipulated in the license into the register; and inform the party in writing if the documents fail to meet the requirements.

 

Article 12 The fishery authorities of the local people’s government at or above the county level shall record accurately in the register all items stipulated in the aquaculture license.

 

Article 13 Where waters and tidal flats owned by farmer collectives or the state and used by farmer collectives in accordance with law are used for aquaculture in the form of contracting by households, there shall be no need for reapplication for license and registration when its aquaculture right is transferred by means of auction, bid invitation, or open consultation for pieces within the duration of the contract.

 

In the case that the aquaculture right is circulated by such means as transfer or exchange, a party may require application for a new licensing and registration. Relevant documents including the original license and the circulation contract of the right of waters and tidal flats shall be submitted when such application is filed.

In the case of split and merger of the aquaculture right of waters and tidal flats due to the means other than transfer and exchange, a new license and registration shall be applied to the original licensing organ with the original aquaculture license and other relevant documents.

 

Chapter IV

Modification, Withdrawal, Deregistration and Extension

 

Article 14 The holder of the aquaculture right of the waters and tidal flats and the stakeholders shall have the right to look up and duplicate the register. The fishery authorities of the local people’s government at or above the county level shall provide them with the register and shall not constrain or reject their requests.

 

Where the holder of the aquaculture right of the waters and tidal flats and the stakeholders believe the records in the register are wrong, they may apply for correction of their registration. The fishery authorities of the local people’s government at or above the county level shall make corrections when the holder recorded in the register agrees to correct in writing or has proofs of such incorrect recording.

 

Article 15 When the name, title or domicile of the holder of the aquaculture right change, the party shall apply for modification to the original licensing organ with the original aquaculture license and relevant documents.

 

Article 16 In the case of the loss of the aquaculture right due to lawful withdrawal or confiscation, the licensing organ shall withdraw and deregister the aquaculture license in accordance with law.

 

Where waters and tidal flats owned by farmer collectives or the state and used by farmer collectives in accordance with law are operated in the form of contracting by households, the licensing organ shall withdraw and deregister its aquaculture license when the contract-letting party withdraws the contracted waters and tidal flats in accordance with law due to any of the following cases within the duration of the contract:

 

1. The household that undertakes the contract moves to a city that is divided into regions, thereby becoming a non-agricultural household;

 

2. The contract-undertaking party may give up all the contracted waters and tidal flats at its free will by an application in written form; and

 

3. Any other cases in which the aquaculture license shall be withdrawn in accordance with law.

 

Article 17 When the holder of the aquaculture right refuses to return the aquaculture license in any of the cases specified under the Article 16 of the Measures, the fishery authorities of the people’s government at or above the county level, based on investigation and verification, shall report to the licensing organ for deregistration of the license and issue an announcement of it.

 

Article 18 When the aquaculture right expires, the holder of the aquaculture right of the waters and tidal flats who continues to use the state-owned waters and tidal flats for aquaculture in accordance with law shall go through extension formalities in the original licensing organ with the original aquaculture license and submit to the organ relevant documents as stipulated in the Article 5 of the Measures 60 days before the expiration date.

 

In waters and tidal flats where aquaculture is prohibited due to plan adjustments, the aquaculture right that expires shall not be extended.

Chapter 5 Supplementary provisions

 

Chapter V

Supplementary Provisions

 

Article 19 Printing of the aquaculture license shall be supervised by the Ministry of Agriculture and undertaken by the fishery authorities of the provincial people’s government.

 

Article 20 For issuing the aquaculture license, the user of the waters and tidal flats shall be charged no fees other than the cost of making the certificate.

 

Article 21 The aquaculture license of the waters and tidal flats or the certificate of right to operate a contracted land, which is issued before the implementation of the Measures, shall remain effective within the duration of validity.

 

Article 22 The present Measures shall come into force as of July 1, 2010.

 

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