第一条为了加强渔业资源的保护、增殖、开发和合理利用,发展人工养殖,保障渔业生产者的合法权益,促进渔业生产的发展,适应社会主义建设和人民生活的需要,特制定本法。
Article 1.
This Law is formulated for the purpose of enhancing the protection, increase, development and reasonable utilization of fishery resources, developing artificial cultivation, protecting fishery workers' lawful rights and interests and boosting fishery production, so as to meet the requirements of socialist construction and the needs of the people.
第二条在中华人民共和国的内水、滩涂、领海以及中华人民共和国管辖的一切其他海域从事养殖和捕捞水生动物、水生植物等渔业生产活动,都必须遵守本法。
Article 2.
All productive activities of fisheries, such as aquaculture and catching or harvesting of aquatic animals and plants in the inland waters, tidal flats and territorial waters of the People's Republic of China, or in other sea areas under the jurisdiction of the People's Republic of China, must be conducted in accordance with this Law.
第三条国家对渔业生产实行以养殖为主,养殖、捕捞、加工并举,因地制宜,各有侧重的方针。
Article 3.
In fishery production, the state shall adopt a policy that calls for simultaneous development of aquaculture, fishing and processing, with special emphasis on aquaculture and with priority given to different pursuits in accordance with local conditions.
各级人民政府应当把渔业生产纳入国民经济发展计划,采取措施,加强水域的统一规划和综合利用。
People's governments at various levels shall include fishery production in their economic development plans and take measures to enhance the overall planning and comprehensive utilization of water areas.
第四条国家鼓励渔业科学技术研究,推广先进技术,提高渔业科学技术水平。
Article 4.
The state shall encourage research in fishery science and technology and popularization of advanced technology in order to raise the level of the country's fishery science and technology.
第五条在增殖和保护渔业资源、发展渔业生产、进行渔业科学技术研究等方面成绩显著的单位和个人,由各级人民政府给予精神的或者物质的奖励。
Article 5.
People's governments at various levels shall give moral encouragement or material awards to units and individuals who make outstanding contributions to the increase and protection of fishery resources, to development of fishery production, or to research in fishery science and technology.
第六条国务院渔业行政主管部门主管全国的渔业工作。
Article 6.
The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout the country.
Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas.
These departments shall be authorized to set up fishery superintendency agencies in important fishing areas and fishing ports.
县级以上地方人民政府渔业行政主管部门主管本行政区域内的渔业工作。
Article 6.
The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout the country.
Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas.
These departments shall be authorized to set up fishery superintendency agencies in important fishing areas and fishing ports.
县级以上人民政府渔业行政主管部门可以在重要渔业水域、渔港设渔政监督管理机构。
Article 6.
The department of fishery administration under the State Council shall be in charge of the administration of fisheries throughout the country.
Departments of fishery administration under people's governments at or above the county level shall be in charge of fisheries in their respective areas.
These departments shall be authorized to set up fishery superintendency agencies in important fishing areas and fishing ports.
县级以上人民政府渔业行政主管部门及其所属的渔政监督管理机构可以设渔政检查人员。
Departments of fishery administration under people's governments at or above the county level and their fishery superintendency agencies may appoint fishery inspectors who will carry out assignments that those departments and agencies entrust to them.
渔政检查人员执行渔业行政主管部门及其所属的渔政监督管理机构交付的任务。
Departments of fishery administration under people's governments at or above the county level and their fishery superintendency agencies may appoint fishery inspectors who will carry out assignments that those departments and agencies entrust to them.
第七条国家对渔业的监督管理,实行统一领导、分级管理。
Article 7.
State superintendence of fisheries shall operate under the principle of unified leadership and decentralized administration.
海洋渔业,除国务院划定由国务院渔业行政主管部门及其所属的渔政监督管理机构监督管理的海域和特定渔业资源渔场外,由毗邻海域的省、自治区、直辖市人民政府渔业行政主管部门监督管理。
Marine fishery shall be under the superintendence of departments of fishery administration under the people's governments of provinces, autonomous regions and centrally-administered municipalities contiguous to the sea, with the exception of those sea areas and fishing grounds with specially designated fishery resources that the State Council has put under direct administration of its fishery department and subordinate fishery superintendency agencies.
江河、湖泊等水域的渔业,按照行政区划由有关县级以上人民政府渔业行政主管部门监督管理;跨行政区域的,由有关县级以上地方人民政府协商制定管理办法,或者由上一级人民政府渔业行政主管部门及其所属的渔政监督管理机构监督管理。
Fishery in rivers and lakes shall be subject to the superintendence of the departments of fishery administration under the relevant people's governments at or above the county level in accordance with administrative divisions.
Fishery administration for water areas that straddle several administrative divisions shall be decided by the relevant people's governments at or above the county level through consultation or placed under departments of fishery administration of people's governments at the next higher level and their subordinate fishery superintendency agencies.
第八条外国人、外国渔业船舶进入中华人民共和国管辖水域,从事渔业生产或者渔业资源调查活动,必须经国务院有关主管部门批准,并遵守本法和中华人民共和国其他有关法律、法规的规定;同中华人民共和国订有条约、协定的,按照条约、协定办理。
Article 8.
Foreigners and foreign fishing vessels must obtain permission from the relevant department under the State Council before entering the territorial waters of the People's Republic of China to carry on fishery production or investigations of fishery resources, and must abide by this Law and other related laws and regulations of the People's Republic of China.
If those persons and vessels belong to countries that have signed relevant accords or agreements with the People's Republic of China, their activities shall be conducted in accordance with those accords or agreements.
第九条国家鼓励全民所有制单位、集体所有制单位和个人充分利用适于养殖的水面、滩涂,发展养殖业。
Article 9.
The state shall encourage units under ownership by the whole people, units under collective ownership and individuals to make the best use of suitable water surfaces and tidal flats to develop aquaculture.
第十条县级以上地方人民政府根据国家对水域利用的统一安排,可以将规划用于养殖业的全民所有的水面、滩涂,确定给全民所有制单位和集体所有制单位从事养殖生产,核发养殖使用证,确认使用权。
Article 10.
In conformity with the overall arrangement made by the state for utilization of water areas, people's governments at and above the county level may assign state-owned water surfaces and tidal flats that have been designated for aquaculture to units under ownership by the whole people and units under collective ownership to develop aquaculture, and after examining their qualifications grant those units aquaculture licences to confirm their rights to the use of such water surfaces and tidal flats.
全民所有制单位使用的水面、滩涂,集体所有的水面、滩涂和集体所有制单位使用的全民所有的水面、滩涂,可以由集体或者个人承包,从事养殖生产。
Water surfaces and tidal flats used by units under ownership by the whole people, water surfaces and tidal flats owned by collectives, and those owned by the whole people but used by units under collective ownership may all be contracted to collectives or individuals to develop aquaculture.
水面、滩涂的所有权和使用权受法律保护,任何单位和个人不得侵犯。
Ownership and rights to the use of water surfaces and tidal flats shall be protected by law and shall not be subject to encroachment by any units or individuals.
第十一条使用全民所有的水面、滩涂从事养殖生产,无正当理由使水面、滩涂荒芜满一年的,由发放养殖使用证的机关责令限期开发利用;逾期未开发利用的,可以吊销养殖使用证。
Article 11.
If any units or individuals that use water surfaces and tidal flats owned by the whole people for aquaculture neglect them for 12 months without a proper reason, the agencies granting aquaculture licences shall order those units or individuals to develop and utilize them within a certain period of time and, if the order is not carried out within the time limit, their aquaculture licences may be revoked.
第十二条全民所有制单位之间、集体所有制单位之间以及全民所有制单位与集体所有制单位之间的水面、滩涂所有权和使用权的争议,由当事人协商解决;协商不成的,由县级以上地方人民政府处理。
Article 12.
Disputes over the ownership and rights to the use of water surfaces or tidal flats that arise between units under ownership by the whole people, between units under collective ownership or between units under ownership by the whole people and units under collective ownership shall be solved through consultation between the parties concerned.
If no agreement is reached through consultation, the disputes shall be handled by a people's government at or above the county level.
If a party refuses to accept the decision of the people's government, it may file a suit in a people's court within 30 days after receiving notification of the decision.
当事人对有关人民政府的处理决定不服的,可以在接到通知之日起三十天内,向人民法院起诉。
Article 12.
Disputes over the ownership and rights to the use of water surfaces or tidal flats that arise between units under ownership by the whole people, between units under collective ownership or between units under ownership by the whole people and units under collective ownership shall be solved through consultation between the parties concerned.
If no agreement is reached through consultation, the disputes shall be handled by a people's government at or above the county level.
If a party refuses to accept the decision of the people's government, it may file a suit in a people's court within 30 days after receiving notification of the decision.
在水面、滩涂所有权和使用权的争议解决以前,任何一方不得破坏养殖生产。
Before the disputes over ownership and rights to the use of certain water surfaces or tidal flats are solved, no party may disrupt fishery production in the disputed areas.
第十三条国家建设征用集体所有的水面、滩涂,按照《国家建设征用土地条例》的规定办理。
Article 13.
Requisitioning of collectively owned water surfaces and tidal flats for state construction shall be conducted in accordance with the Regulations on Requisition of Land for State Construction.