Where there are other provisions in the treaties and agreements concluded by People's Republic of China (PRC), those provisions shall prevail. Article 3. The state manages the control indicators of fishing nets and tools, and implements a fishing license system and a fishing quota system.
According to the changes of fishery resources and environmental conditions, the state determines the control indicators of ship nets and tools, and controls the total amount of fishing and the number of fishing licenses. The approval and issuance of fishing licenses shall follow the principles of openness, fairness and impartiality, and the number shall not exceed the control index of fishing nets and tools. Article 4 The certifying documents such as fishing license and ship net index shall be examined and approved by the issuer, and the relevant certifying documents shall be effective after being signed by the issuer and stamped with the official seal.
The issuer shall be responsible for the authenticity and legality of the certification documents approved and issued by it. Article 5 The Ministry of Agriculture and Rural Affairs shall be in charge of the management of fishing licenses and the control of the total amount of fishing.
The fishery administrative department of the local people's government at or above the county level and its subordinate fishery superintendency agencies shall be responsible for the organization and implementation of fishing license management and total fishing control within their respective administrative areas. Article 6 The fishery administrative department of the people's government at or above the county level shall publish the fishing net index, fishing license approval conditions, procedures and time limit, as well as the list of all materials to be submitted and the demonstration text of the application form on its office and online platform.
The fishery administrative department of the people's government at or above the county level shall, in accordance with these Provisions, complete the examination or make a decision on whether or not to approve within 20 working days from the date of accepting the application for ship net tools or fishing licenses. If it is not accepted or approved, it shall notify the applicant in writing and explain the reasons. Seventh fishery departments of the people's governments at or above the county level shall strengthen the construction of fishing boats and fishing license management information system, and establish and improve the dynamic management database of fishing boats. The application, examination and approval of fishing gear indicators and fishing licenses for marine fishing vessels, and the issuance of certificates and certificates are carried out through a unified national dynamic management system for fishing vessels.
If the applicant's household registration book, business license, fishing vessel inspection certificate, fishing vessel registration certificate and other legal documents and ownership certificates can be verified in the national fishing vessel dynamic management system or cross-departmental verification, paper materials can no longer be provided. Chapter II Indicators of Ship Net Tools Article 8 Marine fishing vessels are divided into the following three categories according to their captains:
(1) Large-scale marine fishing boat: the captain is more than 24 meters;
(2) Medium-sized marine fishing boats: the captain is more than or equal to12m and less than 24m;
(3) Small marine fishing boats: the length is less than 12m.
The classification standards for inland fishing boats shall be formulated by the fishery departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. Ninth domestic large and medium-sized marine fishing boats net control indicators determined by the Ministry of Agriculture and Rural Affairs, submitted to the State Council for approval, issued to the relevant provinces, autonomous regions and municipalities directly under the central government. The net control index of domestic small-scale marine fishing boats shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the carrying capacity of fishery resources and environment, the utilization of resources and the traditional operation of fishermen, and shall be issued after being approved by the Ministry of Agriculture and Rural Affairs.
The fishery departments of local people's governments at or above the county level shall control the number and power of marine fishing boats within their respective administrative areas, and shall not exceed the fishing nets and tools control targets issued by the state or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The control index and management of fishing nets and tools in inland waters shall be implemented in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 10 The manufacture, modification, purchase and import of marine fishing boats shall be within the fishing net tool control targets issued by the state or provinces, autonomous regions and municipalities directly under the Central Government, and the approval documents of fishing net tool targets shall be obtained with the approval of the fishery administrative department of the people's government with the power of examination and approval. Article 11. An application for fishing gear indicators for marine fishing vessels shall be submitted to the fishery administrative department of the people's government at or above the county level where the household registration is located or where the legal person or unincorporated organization is registered, and the application for gear indicators, the applicant's household registration book or business license, and the opinions issued by the fishery organization to which the applicant belongs shall be submitted, and information shall be provided according to the following circumstances:
(1) If a marine fishing boat is manufactured, the structural design of the fishing boat confirmed to meet the matching requirements of the engine and propeller of the ship shall be provided.
If domestic marine fishing boats are eliminated and apply for manufacturing fishing boats, they shall also provide the certificate of dismantling, destroying or disposing of fishing boats issued by the fishery administrative department of the local people's government at or above the county level where the fishing boats are dismantled, the video materials of on-site supervision and management, and the certificate of cancellation of fishing boats issued by the original issuing authority.
Where a domestic marine fishing vessel applies for manufacturing a fishing vessel after being lost due to a general accident, it shall also provide a certificate of loss issued by the port of registry and a certificate of cancellation of the fishing vessel certificate issued by the original issuing authority.
(two) the purchase of marine fishing boats:
1. Fishing vessel inspection certificate, fishing vessel nationality certificate and ownership registration certificate of the fishing vessel purchased;
2. Certificate of cancellation of the fishing license of the purchased fishing vessel;
3 fishing gear index transfer certificate;
4. Fishing boat trading contract;
5. The account book or business license of the seller.
(3) Provisions on updating and reforming marine fishing boats:
1. fishing vessel inspection certificate, fishing vessel nationality certificate and ownership registration certificate;
2. Certificate of cancellation of fishing license.
To apply for increasing the main engine power of domestic fishing boats, it shall also provide the dismantling, destruction or treatment certificate of eliminated fishing boats for increasing the main engine power, the image data or loss certificate of on-site supervision and management, the cancellation certificate of fishing boat certificate issued by the original issuing authority, and provide the construction design drawings of fishing boats that are confirmed to meet the matching requirements of ship engines and propellers.
(four) the import of marine fishing vessels, provide the reasons for the import, and evaluate the import technology of old fishing vessels.
(5) To apply for the manufacture, purchase, modification and import of offshore fishing boats, in addition to providing corresponding information in accordance with the provisions of 1, 2, 3 and 4 respectively, a feasibility study report of offshore fishing projects shall also be provided; Ocean-going fishing boats operating in waters under the jurisdiction of other countries shall also provide cooperation agreements with foreign parties or certificates that relevant departments agree to fish. However, ocean-going fishing vessels applying for purchase, renewal and transformation do not need to provide the certificate of cancellation of fishing license.
(6) Purchasing, manufacturing, purchasing and upgrading, and importing marine fishing vessels, and providing relevant information according to the requirements of manufacturing, upgrading and importing marine fishing vessels.