Fisheries Law of the People's Republic of China

The use of explosives, poisons, electricity and any other means in fishing that impairs the fishery resources is prohibited. The manufacture, sale and use of banned fishing gear are prohibited. Fishing in restricted fishing areas and during closed seasons is prohibited. The use of fishing nets with mesh smaller than the specified minimum size is prohibited. The proportion of juvenile fish in a catch may not exceed the specified level. The sale of catch illegally harvested in the restricted fishing areas and during closed seasons is prohibited.

The administrative department for fisheries under the State Council or such departments under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall designate species for special protection, and specify the allowable standards for fishing of such species, the restricted fishing areas and closed seasons, the fishing gear and methods to be banned or restricted, the minimum mesh sizes, as well as other measures for the protection of the fishery resources.

Catching fry and fingerling of aquatic animals of important economic value is prohibited. Catching fry and fingerling of important economic value or spawning aquatic animals under protection for artificial breeding or for other special purposes shall be subject to approval by the administrative department for fisheries under the State Council or such departments under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and it shall be conducted in the designated areas and periods of time and strictly in accordance with the quotas allocated.

Measures shall be adopted to protect fry and fingerling of aquatic animals when channeling or using water from water areas that are specially designated for producing such fry and fingerling.

The State maintains special protection of the rare and endangered aquatic wild animals such as whiteflag dolphin to prevent them from extinction. Killing and injuring of important aquatic wild animals protected by the State is prohibited. Where it is necessary to catch such animals for purposes of scientific research, taming and propagation, exhibition or for other special purposes, the matter shall be dealt with in accordance with the provisions of the Law of the People's Republic of China on the Protection of Wildlife.

Where a person conducts fishing in violation of the type of operation, location, time limit and amount of fishing gear specified in the license granted to him, his catch and illegal gains therefrom shall be confiscated and he may also be fined not more than 50,000 yuan. If the circumstances are serious, his fishing gear may also be confiscated and his fishing license revoked.

Units and individuals engaging in inland water and inshore fisheries must conduct their operations in accordance with their licences concerning the types of operation, location, time limits and quantity of fishing gear, and they must also abide by the relevant regulations on protection of fishery resources.

The State applies a license system for fishing. Fishing licenses for marine fishing with large trawlers and purse seines and for fishing in the jointly managed fishery zones defined in the agreements concluded between the People's Republic of China and the countries concerned or on the high seas shall be granted upon approval by the administrative department for fisheries under the State Council. Other fishing licenses shall be granted upon approval by the administrative department for fisheries under the local people's governments at or above the county level. However, the sizes for vessels and fishing gear specified in the fishing licenses issued for marine fishing may not exceed the control sizes for vessels and fishing gear fixed by the State. Specific measures in this respect shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. No fishing licenses may be traded in, leased or transferred by other means, or altered, forged or adulterated. Those who wish to engage in fishing in the waters under the jurisdiction of other states shall be subject to approval by the administrative department for fisheries under the State Council and shall observe the relevant treaties and agreements signed or acceded to by the People's Republic of China and the laws of the states concerned.

A fishing license can only be issued when the following requirements are met: (1) having the fishing vessel inspection certificate; (2) having the fishing vessel registry certificate; and (3) meeting the other requirements laid down by the administrative department for fisheries under the State Council.

The fishing quotas in the fishing license issued by the administrative department for fisheries under the local people's governments at or above the county level shall commensurate with the fishing quotas allocated by the said departments at the next higher level of the people's government.

Units and individuals engaged in fishing shall conduct their operations in conformity with the type of operation, location, time limit, amount of fishing gear and the fishing quota, as specified in their licenses. They shall also abide by the regulations on the protection of fishery resources. Large and medium-sized fishing vessels shall keep logs of fishing.

All fishing vessels that are built, rebuilt, purchased or imported shall be examined and inspected by fishing vessel inspection departments before they are launched for operation. Specific administrative measures in this respect shall be formulated by the State Council.

A fishing license can only be issued when the following requirements are met: (1) having the fishing vessel inspection certificate; (2) having the fishing vessel registry certificate; and (3) meeting the other requirements laid down by the administrative department for fisheries under the State Council.

The fishing quotas in the fishing license issued by the administrative department for fisheries under the local people's governments at or above the county level shall commensurate with the fishing quotas allocated by the said departments at the next higher level of the people's government.

Where a person conducts fishing in violation of the type of operation, location, time limit and amount of fishing gear specified in the license granted to him, his catch and illegal gains therefrom shall be confiscated and he may also be fined not more than 50,000 yuan. If the circumstances are serious, his fishing gear may also be confiscated and his fishing license revoked.