The term "state-owned fish-farming waters and beaches" as mentioned in these Measures refers to the state-owned waters and beaches that can be used for fish farming with the approval of the people's governments at or above the county level according to law or in other forms. Article 3 The use and management of water beaches shall follow the principles of scientific planning, legal permission, legal recovery, fair compensation and proper resettlement. Fourth people's governments at or above the county level shall be responsible for the management of the use of tidal flats in the waters under their jurisdiction.
Township (town) people's governments and sub-district offices shall, in accordance with their duties, do a good job in the use and management of water beaches. Article 5 The marine and fishery administrative department of the people's government at or above the county level shall be responsible for the specific implementation of the use license and restoration compensation for the tidal flats in the waters under its jurisdiction. Development and reform, finance, land and resources, housing and urban construction, environmental protection, public security, human resources and social security, price and other departments shall, in accordance with their respective responsibilities, do a good job in the related work of water beach use license and paid recovery. Chapter II License for Use Article 6 Where a citizen, legal person or other organization uses a tidal flat in a water area to engage in aquaculture production, it shall apply to the administrative department of marine and fishery of the people's government at the county level and submit the following materials:
(1) An application form for aquaculture license;
(two) the personal identity certificate of the citizen, the qualification certificate of the legal person or other organization, and the identity certificate of the legal representative or principal responsible person;
(3) Other supporting materials.
Those who use sea areas for aquaculture production shall apply for the use of sea areas at the same time. Seventh marine and fishery administrative departments of the people's governments at the county level shall, after receiving the application, handle it in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC).
Decided to accept, the administrative department of marine and fishery of the people's government at the county level shall, within 10 working days after acceptance, make a preliminary examination of the application materials, and publicize the application materials in the location of the beach and the neighboring townships (towns) and villages for 10 days.
After the expiration of the publicity period, the marine and fishery administrative department of the people's government at the county level shall, in accordance with the provisions of relevant laws and regulations, forward the preliminary examination opinions, all application materials and publicity to the licensing authority for examination and approval. Article 8 The marine and fishery administrative department of the people's government at or above the county level shall, within the prescribed time limit, put forward examination opinions on whether to approve or disapprove the application within the scope of authority of the people's government at the corresponding level and report it to the people's government at the corresponding level for decision.
The people's governments at or above the county level shall, if they meet the requirements, make a licensing decision, issue a breeding certificate to the inland aquaculture applicant, and at the same time issue a sea area use certificate and a breeding certificate to the sea area use applicant; If it does not meet the requirements, it shall make a decision not to grant permission, and notify the applicant in writing of the reasons for not granting permission.
The administrative department of marine and fishery of the people's government at or above the county level shall promptly load all the items specified in the aquaculture certificate and the sea area use certificate into the register. Article 9 Except for temporary aquaculture areas, the term of the right to use water beaches shall not be less than 5 years, unless otherwise stipulated by laws and regulations. Article 10 Users and interested parties of waters and beaches shall have the right to consult and copy the register, which shall be provided by the marine and fishery administrative department of the people's government at or above the county level and shall not be restricted or refused. Article 11 In case of any change in the name and domicile of users of water beaches, the parties concerned shall apply to the original license-issuing registration authority for change with the relevant certification materials such as the aquaculture certificate. Article 12 If the user of the water beach continues to use the water beach for aquaculture production according to law after the expiration of the term of use of the water beach, he/she shall go through the extension formalities at the original issuing authority with the aquaculture certificate and other relevant certification materials 60 days before the expiration of the term.
Due to the adjustment of beach planning, it is no longer used as a breeding functional area, and no extension procedures will be handled at the expiration of the time limit. Chapter III Recovery of the Right to Use Article 13 The people's government at or above the county level that originally approved the use of beaches may recover the right to use beaches according to law in any of the following circumstances due to the need of public interests or national security:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as environmental and resource protection, disaster prevention and mitigation, and municipal utilities organized and implemented by the government;
(four) other public interests as prescribed by laws and regulations. Article 14 The people's governments at or above the county level shall issue an announcement on the intended recovery of the right to use the tidal flats in the waters and the neighboring townships (towns) and villages. The announcement of the right to use the beach in the waters to be recovered shall include the location, scope, use and compensation standard of the beach in the waters to be recovered. The announcement time shall not be less than 30 days. Article 15 The administrative department of marine and fishery of the people's government at or above the county level shall, according to the announcement of the people's government at the corresponding level on the intended recovery of the right to use the water beach, conduct on-the-spot investigation on the ownership, location, area, breeding quantity and ownership of the attached objects in the water beach together with the village (neighborhood) committee, the water beach obligee or the actual user, and fill in the water beach investigation list.
The list of beach investigation shall be confirmed by all parties involved in the on-site investigation. If the user or actual user of the water beach has any objection to the survey results, the marine and fishery administrative department shall review it on the spot.