Laws of the People's Republic of China

the Ministry of Agriculture

Decree of the Ministry of Agriculture of the People's Republic of China

No. 46

The Measures for the Administration of Aquatic Fingerlings have been amended and adopted at the 37th executive meeting of the Ministry of Agriculture on December 21, 2004, and the amended Measures for the Administration of Aquatic Fingerlings are hereby promulgated and shall come into force since April 1, 2005.

The Minister Du Qinglin

January 5, 2005

Measures for the Administration of Aquatic Fingerlings

Chapter I General Provisions

Article 1

For the purpose of protecting and making reasonable use of aquatic germ plasm resources, strengthening the administration of selection and breeding of aquatic varieties and the production, operation, import and export of fingerlings, improving the quality of aquatic fingerlings, maintaining the legitimate rights and interests of those who produce, deal in and make use of aquatic fingerlings and promoting the steady and sound development of the aquaculture, these Measures are formulated in accordance with the Fisheries Law of the People's Republic of China and other relevant laws and regulations.

Article 2

The aquatic fingerlings mentioned in these Measures refer to the parents, pedomorphism, larvae, zygotes, spores and heredity breeding materials of aquatic animals and plants used for breeding, multiplication and cultivation (planting) production, scientific research and experiments as well as for enjoyment.

Article 3

Any entity or individual that engages in the exploration and exploitation of aquatic germ plasm resources, selection and breeding and cultivation of species, and the production, operation, management, import and export of aquatic fingerlings within the territory of the People's Republic of China shall comply with these Measures.

The administration of rare and endangered aquatic wild animals and plants and their fingerlings shall be implemented in accordance with relevant laws and regulations.

Article 4

The Ministry of Agriculture shall be responsible for the administrative work of aquatic germ plasm resources and aquatic fingerlings in the whole country.

The fishery administrative departments of the local people's governments at or above the county level shall be responsible for the administrative work of aquatic germ plasm resources and aquatic fingerlings within their respective administrative regions.

Chapter II Protection of Germ Plasm Resources and Selection and Breeding of Species

Article 5

The State shall, designedly collect, sort out, appraise, protect, preserve and reasonably utilize aquatic germ plasm resources. No entity or individual may encroach or destroy aquatic germ plasm resources.

Article 6

The State protects aquatic germ plasm resources and their surviving environments, and establishes preservation areas of aquatic germ plasm resources in the main regions where aquatic germ plasm resources, with high economic values and heredity and breeding values, grow and breed. No entity or individual may be engaged in fishing activities in the preservation area of aquatic germ plasm resources without the approval of the Ministry of Agriculture.

Any construction project that causes unfavorable influences on the aquatic germ plasm resources shall be disposed in accordance with Article 35 of the Fisheries Law of the People's Republic of China.

Article 7

A fishery administrative department of the people's government at or above the provincial level shall make a reasonable arrangement and construction of seed stock stations and seed multiplication farms according to the requirements for developing the aquatic multiplication and cultivation, natural conditions and characteristics of germ plasm resources.

The national or provincial seed stock station and seed multiplication farm shall be responsible for preserving or selecting and breeding or using heredity materials and parents, and provide parents to the entities that propagate aquatic fingerlings.

Article 8

The parents used for crossbreeding commercial fingerlings shall be pure line colonies. No reproductive hybrid may be used for parent propagation.

Strict measures for the isolation and against the escape shall be established at the sites for breeding reproductive hybrid individuals and modifying heredity features of individuals and offspring through biological engineering technologies, and it is prohibited to throw them into the river, lake, reservoir, sea areas or any other natural water area.

Article 9

The State encourages and supports the selection and breeding, cultivation and popularization of good aquatic breeds. The fishery administrative departments of the people's governments at or above the county level shall designedly organize the scientific research, teaching and production entities to select, breed, and cultivate good aquatic breeds.

Article 10

The Ministry of Agriculture establishes the national appraisal committee of aquatic protospecies and examines and approves new aquatic varieties.

Those new aquatic varieties that are appraised qualified may be popularized upon the announcement of the Ministry of Agriculture.

Chapter III Production, Operation and Management

Article 11

In case an entity or individual plans to engage in the production of aquatic fingerlings, it shall be approved by the fishery administrative department of the people's government at or above the county level, and obtain a license for producing aquatic fingerlings, however, with the exception of those aquatic fingerlings that are self-bred and self-used by the fishery producer.

The fishery administrative department of the people's government at the provincial level shall be responsible for the check and grant of licenses for producing aquatic fingerlings of seed stock stations and seed multiplication farms. The right to grant licenses for producing other aquatic fingerlings shall be prescribed by the fishery administrative department of the people's government at the provincial level.

The licenses for producing aquatic fingerlings shall be uniformly printed by the fishery administrative department of the people's government at the provincial level.

Article 12

An entity or individual that engages in producing aquatic fingerlings shall meet the following requirements:

(1)

It/he has fixed production sites, abundant water sources and water quality in accordance with the fishery water using standards;

(2)

The parents used for breeding shall come from seed stock stations and seed multiplication farms and the quality thereof shall comply with the germ plasm standards;

(3)

The production conditions and facilities shall accord with the requirements of production technology operational rules and procedures of aquatic fingerlings; and

(4)

It/he has the corresponding professional technical personnel suitable for the production and the quality inspection of aquatic fingerlings.

In case an application entity is a seed stock station or seed multiplication farm, it shall additionally meet the requirements of the Rules on the Production and Management of Seed Stock Stations and Seed Multiplication Farms as promulgated by the Ministry of Agriculture.

Article 13

Any entity or individual that applies for engaging in producing aquatic fingerlings shall fill out an application form of producing aquatic fingerlings and submit the materials proving that it comply with the conditions prescribed by Article 12 of these Measures.

The format of an application form of producing aquatic fingerlings shall be uniformly formulated by the fishery administrative department of the people's government at the provincial level.

Article 14

A fishery administrative department of the people's government at or above the county level shall, according to the examination and approval purview as prescribed by Paragraph 2 of Article 11 of these Measures, carry out examination on the materials submitted by the applicant within 20 days upon receipt of the application, and make a decision whether the license of producing aquatic fingerlings shall be issued after on-the-spot assessment.

Article 15

An entity or individual producing aquatic fingerlings shall carry out the production in the light of scopes and varieties as prescribed by the license. Where it is necessary to alter production scopes and varieties, it/he shall go through the alteration formalities at the original license issuing organ.

The valid period of licenses for producing aquatic fingerlings shall be three years. If the period needs to be prolonged after the expiration, it/he shall apply to the organ that issues original license 30 days prior to the expiration, and go through the extension procedures.

Article 16

The production of aquatic fingerlings shall comply with the operational rules and procedures of production technology prescribed by the Ministry of Agriculture. And the quality of aquatic fingerlings shall be guaranteed.

Article 17

The fishery administrative departments of the people's governments at or above the county level shall organize the relevant quality inspection organs to inspect the quality of parents, pedomorphism and larva of fingerling bases within their respective administrative areas. In case they are inspected to be unqualified, it is necessary to give warnings and order the rectification be made within the time limit. In case they are still unqualified after the expiration of the time limit, the organs which issue the license shall revoke and cancel licenses for producing aquatic fingerlings.

Article 18

The fishery administrative department of the local people's government at or above the county level shall strengthen the quarantine of the origins of aquatic fingerlings.

In the case of aquatic fingerlings introduced from other areas of our country, the quarantine procedures shall be handled at the local fishery administrative department first, and the said aquatic fingerlings may not be transported or sold until they are quarantined to be qualified.

The quarantine personnel shall implement the quarantine in accordance with the quarantine rules and procedures, and issue certificates for those aquatic fingerlings that are quarantined to be qualified.

Article 19

It is prohibited to excavate mines or ores, blast or discharge sewage or carry out other activities destroying the ecological environment of water areas at the areas where aquatic fingerlings propagate and inhabit. In the case of pollution to the environment of water areas, it shall be disposed in accordance with the relevant provisions in the Law of the People's Republic of China on Prevention and Control of Water Pollution, and the Marine Environment Protection Law of the People's Republic of China.

Measures shall be adopted to protect fingerlings when channeling or using water from the water areas that specialize in producing aquatic animal fingerlings.

Chapter IV Import and Export Administration

Article 20

Any entity or individual that intents to engage in the import and export of aquatic fingerlings shall be approved by the Ministry of Agriculture or the fishery administrative department of the people's government at the provincial level.

Article 21

The Ministry of Agriculture shall, in conjunction with the relevant departments under the State Council, formulate the import directory and the export directory of aquatic fingerlings, and promulgate them termly.

The import directory and the export directory of aquatic fingerlings shall be categorized as I, II and III. Those aquatic fingerlings as listed in category I of the import directory may not be imported, and those aquatic fingerlings as listed in category I of the export directory may not be exported. The import and export of aquatic fingerlings as listed in category II and those aquatic fingerlings that have not been listed in the directory shall be subject to examination and approval of the Ministry of Agriculture. The import and export of aquatic fingerlings as listed in category III shall be subject to examination and approval of the fishery administrative departments of the people's governments at the provincial level.

Article 22

An entity or individual that applies for importing aquatic fingerlings shall submit the following materials:

(1)

An application form for importing aquatic fingerlings;

(2)

A safety impact report of importing aquatic fingerlings (including the impacts on the ecological environment and biological species of water areas where aquatic fingerlings are imported into, plant diseases and insect pests possibly carried by the imported aquatic fingerlings and their harms, etc.);

(3)

The photocopies of the intent document and donation agreement signed with foreign parties;

(4)

A certificate of origin issued by the administrative department in charge of the country (region) where the imported aquatic fingerlings are located; and

(5)

A photocopy of the business license.

Article 23

The entities of imported aquatic fingerlings that are not listed in the import directory of aquatic fingerlings shall meet the following conditions ;

(1)

Having complete facilities against the escape and for the insulation, and an experimental pool with its areas not less than three hectares;

(2)

Having certain scientific research manpower and secondary and senior technical staff who undertake the research on germ plasm, diseases and ecology; and

(3)

Having basic instruments and facilities for carrying out the inspection on germ plasm, the quarantine of epidemic diseases and the inspection work of water quality.

In addition to those materials as provided in Article 22 , an entity that imports aquatic fingerlings but not included in the import directory of aquatic fingerlings shall still provide the following materials:

(1)

Materials regarding the country or region where the imported aquatic fingerlings are located, including the imported aquatic fingerlings' categories, biological features, heredity characters, economic features and the status quo of exploration and exploitation, inhabitant water areas and climatic features of the said areas, as well as the ecological conditions of water areas;

(2)

Conditions regarding the artificial propagation and cultivation of imported aquatic fingerlings; and

(3)

Conditions regarding the occurrence of epidemic diseases in the areas where the aquatic fingerlings are exported.

Article 24

An entity or individual that applies for exporting aquatic fingerlings shall submit an application form for export.

Article 25

An entity or individual importing and exporting aquatic fingerlings shall submit an application to the fishery administrative department of the people's government at the provincial level. The fishery administrative department of the people's government at the provincial level shall examine and verify the application materials concerning the import and export of aquatic fingerlings within 15 days after receiving the application, and according to the limit of examination and approval authorities, directly examine and approve the application, or submit the examination opinions and all materials to the Ministry of Agriculture for examination and approval after preliminary examination.

A fishery administrative department of the people's government at the provincial level shall, prior to the end of every year, submit the information of the import and export of aquatic fingerlings examined and approved thereby to the Ministry of Agriculture for archival purposes.

Article 26

The Ministry of Agriculture shall entrust the national appraisal committee of aquatic protospecies and improved varieties to organize experts to conduct safety impact assessment on the aquatic fingerlings under application for import within five days after receiving the materials submitted by the fishery administrative department of the people's government at the provincial level, and make a decision on whether to approve the import within 15 days after receiving the safety impact assessment; and make a decision on whether to approve the export within 10 days after receiving an application for export of aquatic fingerlings.

Article 27

An entity or individual that files an application for importing and exporting aquatic fingerlings shall handle procedures of import or export with the examination and approval form of the import or export of aquatic fingerlings as ratified by the Ministry of Agriculture or by the fishery administrative department of the people's government at the provincial level.

The formats of the application form and the examination and approval form of the import or export of aquatic fingerlings shall be uniformly formulated by the Ministry of Agriculture.

Article 28

The quarantine shall be implemented on the aquatic fingerlings to be imported or exported so as to prevent plant diseases and insect pests passing into or out of the territory. The detailed quarantine work shall be carried out in accordance with the provisions in the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine and other laws and regulations.

Article 29

The territorial supervision shall be executed for the import of aquatic fingerlings.

After the aquatic fingerlings have been quarantined to be qualified by the exit and entry inspection and quarantine department, the importing entity or individual shall promptly report it to the fishery administrative department of the people's government at the provincial level where it/he locates. The fishery administrative department of the people's government at the provincial level where it/he locates or the fishery administrative department of the people's government at or above the county level entrusted thereby shall be specifically responsible for the supervision and inspection after the entry into the territory.

Article 30

In the case of the import of aquatic fingerlings not included in the importing directory, the importing entity or individual shall, after the said aquatic fingerlings are quarantined to be qualified by the exit and entry inspection and quarantine department, set up a special site for trial cultivation, or cultivate them in a site designated by the Ministry of Agriculture under special circumstances.

The trial cultivation period shall be a propagation cycle of the imported aquatic fingerlings in general. During the trial cultivation period, the Ministry of Agriculture will not approve the import of the said aquatic fingerlings, and the said importing entity may not spread the said cultivated fingerlings out of the trial cultivation site.

Upon the assessment of the national appraisal committee of aquatic protospecies and improved varieties and the announcement of the Ministry of Agriculture, the aquatic fingerlings may be popularized after the expiration of the trial cultivation period.

Article 31

The provisions on the administration of foreign species shall be strictly complied with in the case of the imported aquatic fingerlings to be thrown into the river, lake, reservoir, sea area or any other natural water areas.

Chapter V Supplementary Provisions

Article 32

The meanings of the following terms used in these Measures:

(1)

Protospecies refer to those proto-parents that are taken from species collecting water areas or from wild aquatic animal and plant species in other natural water areas and used for selection and breeding.

(2)

Improved varieties refer to those aquatic animal and plant species that grow fast, have good characters, strong resistance and stable properties, and adapt to natural conditions within certain areas and may be used for multiplication and cultivation (planting).

(3)

Hybrids refer to the offspring that are produced by the crossbreeding between different breeds, subspecies or varieties.

(4)

Varieties refer to those aquatic animals and plants that undergo the artificial selection and cultivation, have stable hereditary features, are different from parents or other colonies within the same species and have good economic characters.

(5)

Pedomorphism and larvae refer to those individuals that are in a stage of being hatched out up to the sexual maturity.

(6)

Parents refer to those individuals that have reached the age of sexual maturity.

Article 33

In the case of any violation of these Measures, punishments shall be imposed in accordance with the relevant provisions in the Fisheries Law of the People's Republic of China and other laws and regulations.

Article 34

The Regulation on the Administration of the Safety of Agricultural Transgenic Organism and other state provisions shall be simultaneously abided by for the selection, breeding, cultivation, production, operation, import and export administration of transgenic aquatic fingerlings.

Article 35

These Measures shall come into force since April 1, 2005.