Fisheries Law of the People's Republic of China
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 23
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.
Article 24
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.
Article 25
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.
Article 26
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.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 24
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.
Article 42
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.