【Title】 Interim Measures for the Administration of Aquatic Germplasm Resources Conservation
Zones [Effective]
【法规标题】水产种质资源保护区管理暂行办法 [现行有效]
【法宝引证码】 CLI.4.144847(EN)
Date Issued: 01-05-2011
发布日期： 2011-01-05
Effective date: 03-01-2011
生效日期： 2011-03-01
Issuing authority: Ministry of Agriculture
发布部门： 农业部
Area of law: Resources
类别： 资源
Order of the Ministry of Agriculture
(No.1 [2011])
The Interim Measures for the Administration of Aquatic Germplasm Resources Conservation Zones,
which were deliberated and adopted at the 12th executive meeting of the Ministry of Agriculture on
December 30, 2010, are hereby promulgated, and shall come into force on March 1, 2011.
Minister: Han Changfu
January 5, 2011
Interim Measures for the Administration of Aquatic Germplasm Resources Conservation Zones
Chapter I General Provisions
Article 1 To regulate the establishment and management of aquatic germplasm resources conservation
zones and strengthen the protection of aquatic germplasm resources, these Measures are formulated
pursuant to the Fishery Law and other relevant laws and regulations.
Article 2 For the purpose of these Measures, the term “aquatic germplasm resources conservation
zones” refers to water areas and tidal flats which are delimited for special protection in major areas
where aquatic germplasm resources with high economic value and hereditary and breeding value grow
and breed for the purpose of protecting aquatic germplasm resources and the living environment
thereof, and the adjacent insular reefs and land areas thereof.
Article 3 To establish and manage aquatic germplasm resources conservation zones within the
territory of the People's Republic of China and other water areas under the jurisdiction of the People's
Republic of China and to engage in activities related to aquatic germplasm resources conservation
zones, these Measures shall apply.
Article 4 The Ministry of Agriculture shall be in charge of the work on aquatic germplasm resources
conservation zones of the whole nation.
The fishery administrative departments of the local people's governments at or above the county level
shall be in charge of the work on aquatic germplasm resources conservation zones within their
respective jurisdictions.
Article 5 The Ministry of Agriculture shall organize the fishery administrative departments of the
provincial people's governments to make the national overall planning for aquatic germplasm
resources conservation zones and strengthen the construction of aquatic germplasm resources
conservation zones.
The fishery administrative departments of the provincial people's governments shall, based on the
national overall planning for aquatic germplasm resources conservation zones, scientifically make the
specific implementation plans for aquatic germplasm resources conservation zones within their
respective administrative regions and organize the implementation thereof.
The fishery administrative departments shall actively seek support from the people's governments at
all levels so as to increase input in the construction and management of aquatic germplasm resources
conservation zones.
Article 6 All entities and individuals have the right to report acts of damaging or seizing aquatic
germplasm resources conservation zones to the fishery administrative departments or the fishery
regulatory bodies thereunder or the administrative bodies of aquatic germplasm resources conservation
zones. The fishery administrative departments or the bodies shall investigate and handle the situations
after receiving such reports and notify the informers of the handling results.
Chapter II Establishment of Aquatic Germplasm Resources Conservation Zones
Article 7 Aquatic germplasm resources conservation zones shall be established in the following areas:
1. Major areas where specially protected aquatic biological species as specified by the state or the
local areas grow and breed;
2. Major areas where nationally or locally endemic aquatic germplasm resources grow and bread;
3. Major areas where the original seeds and seedlings of important aquatic products grow and breed
naturally; and
4. Major areas where other aquatic germplasm resources with high economic value and hereditary and
breeding value grow and breed.
Article 8 Aquatic germplasm resources conservation zones include national aquatic germplasm
resources conservation zones and provincial aquatic germplasm resources conservation zones. An
aquatic germplasm resources conservation zone can be divided into a core area and an experimental
area according to the resource state, natural environment and protection needs of the protected object.
The Ministry of Agriculture and the fishery administrative departments of the provincial people's
governments shall respectively establish appraisal committees for national and provincial aquatic
germplasm resources conservation zones to appraise the national and provincial aquatic germplasm
resources conservation zones applied for establishment.
Appraisal committees for aquatic germplasm resources conservation zones shall be composed of
experts in fishery, environmental protection, water conservancy, traffic, sea, ecological protection, etc.
Article 9 To establish a provincial aquatic germplasm resources conservation zone, the fishery
administrative department of a people's government at the county or city level shall, upon the approval
of the people's government at the same level, apply to the fishery administrative department of the
provincial people's government. Upon appraisal by the appraisal committee for provincial aquatic
germplasm resources conservation zones, the provincial aquatic germplasm resources conservation
zone can be established upon the approval of the fishery administrative department of the provincial
people's government, and the name, location, coverage, major protection objects and other relevant
contents of the conservation zone shall be announced by the fishery administrative department of the
provincial people's government.
If it is necessary, the fishery administrative department of a provincial people's government may
directly establish a provincial aquatic germplasm resources conservation zone.
Article 10 For a provincial aquatic germplasm resources conservation zone which meets the prescribed
conditions, the fishery administrative department of the provincial people's government concerned
may apply to the Ministry of Agriculture for establishing it into a national aquatic germplasm
resources conservation zone. Upon appraisal by the appraisal committee for national aquatic
germplasm resources conservation zones, the national aquatic germplasm resources conservation zone
can be established upon the approval of Ministry of Agriculture, and the name, location, coverage,
major protection objects and other relevant contents of the conservation zone shall be announced by
the Ministry of Agriculture.
If it is necessary, the Ministry of Agriculture may directly establish a national aquatic germplasm
resources conservation zone.
Article 11 Where an aquatic germplasm resources conservation zone to be established involves
another administrative region or water area, the application shall be made jointly by the fishery
administrative departments of the local people's governments of the regions concerned upon
negotiation or by their common fishery administrative department at a higher level and be subject to
examination and approval according to the procedure mentioned in Articles 9 and 10 of these
Measures.
Article 12 To apply for establishing an aquatic germplasm resources conservation zone, the following
materials shall be submitted:
1. An application form, mainly covering the major protection object, protection worthiness, area
coverage, administrative body, administrative basis, etc.;
2. An integrated survey report, mainly covering the protected species resources, ecological
environment, social and economic status, management conditions of the conservation zone,
comprehensive appraisal, etc.;
3. A plan on the conservation zone, including the objective, contents (including the delimitation of
core area and experimental area), etc.; and
4. A large scale map of the conservation zone, and other necessary materials.
Article 13 Aquatic germplasm resources conservation zones shall be named as follows:
1. A national aquatic germplasm resources conservation zone: name of the region where the
conservation zone is located + name of the protection object + “national aquatic germplasm resources
conservation zone”;
2. A provincial aquatic germplasm resources conservation zone: name of the region where the
conservation zone is located + name of the protection object + “provincial aquatic germplasm
resources conservation zone”;
3. An aquatic germplasm resources conservation zone which has multiple protection objects or
important ecological functions: name of the region where the conservation zone is located + “national
aquatic germplasm resources conservation zone” or “provincial aquatic germplasm resources
conservation zone”; and
4. An aquatic germplasm resources conservation zone which mainly protects endemic species of a
certain place or water area: name of the region where the conservation zone is located + name of
endemic fish species +“national aquatic germplasm resources conservation zone” or “provincial
aquatic germplasm resources conservation zone”.
Chapter III Administration of Aquatic Germplasm Resources Conservation Zones
Article 14 An aquatic germplasm resources conservation zone established upon approval shall be
subject to the administration of the fishery administrative department of the local people's government
at or above the county level.
The fishery administrative department of the local people's government at or above the county level
shall specify the administrative body of the aquatic germplasm resources conservation zone, which
shall be equipped with necessary management, law enforcement and technical personnel and required
equipment or facilities and be responsible for the administration of the aquatic germplasm resources
conservation zone.
Article 15 The major duties of the administrative body of an aquatic germplasm resources
conservation zone include:
1. Making specific rules on the management of the aquatic germplasm resources conservation zone;
2. Setting up and maintaining boundary stones, signs and protection devices for the aquatic germplasm
resources conservation zone;
3. Making surveys on and monitoring aquatic organism resources and their living environment,
conserving resources and rehabilitating the ecological environment;
4. Rescuing sick, stranded and wrongly caught species under protection;
5. Holding publicity and education activities on the protection of aquatic germplasm resources;
6. Carrying out the fishery law enforcement work; and
7. Investigating and handling events jeopardizing the functions of the aquatic germplasm resources
conservation zone, and reporting important matters to the fishery administrative department.
Article 16 The Ministry of Agriculture and the fishery administrative departments of the provincial
people's governments shall set special protection periods for the idiophase, larva trophophase and
other key growing and breeding phases of the major protection objects of national and provincial
aquatic germplasm resources conservation zones. Fishing and blasting operations as well as other
activities that may cause damage to the biological resources and ecological environment of aquatic
germplasm resources conservation zones are forbidden during the special protection periods.
Fishing activities beyond the special protection periods shall be conducted pursuant to the Fishery Law
and other relevant laws and regulations.
Article 17 Any entity building a hydraulic engineering project, dredging up navigation channels,
building brakes and dams, exploring and excavating mineral resources, building ports or building any
other project within an aquatic germplasm resources conservation zone, or conducting any
construction activity which may damage the functions of a conservation zone without an aquatic
germplasm resources conservation zone, shall make a special demonstration report on the construction
project's impact on the aquatic germplasm resources conservation zone according to the relevant state
provisions, and include it in the environmental impact assessment report.
Article 18 The fishery administrative departments of the local people's governments at or above the
provincial level shall participate in the environmental impact assessment on construction projects
involving aquatic germplasm resources conservation zones, organize experts to examine the special
demonstration reports on the construction projects' impact on aquatic germplasm resources
conservation zones, and give opinions to construction entities and the environmental impact
assessment departments in light of the examination conclusions.
Construction entities shall include the opinions of the fishery administrative departments in the
environmental impact assessment reports and take protective measures according to such opinions.
Article 19 Entities and individuals engaged in aquatic organism resource investigations, scientific
research, practice teaching, tours and filming activities within aquatic germplasm resources
conservation zones shall abide by the relevant laws and regulations and the management rules for the
zones, and may not damage any aquatic germplasm resources or the living environment thereof.
Article 20 It is prohibited to reclaim farmland from lakes, reclaim land from the sea or fill up the sea
within aquatic germplasm resources conservation zones.
Article 21 It is prohibited to build outfalls within aquatic germplasm resources conservation zones.
To build, renovate or enlarge outfalls near aquatic germplasm resources conservation zones, the
construction entities shall guarantee that they will not pollute the waters within the conservation zones.
Article 22 The cancellation and adjustment of aquatic germplasm resources conservation zones shall
be handled according to the procedure for the establishment thereof.
Article 23 Where any entity or individual, in violation of these Measures, causes damage to the aquatic
germplasm resources inside an aquatic germplasm resources conservation zone or the living
environment thereof, the fishery administrative department of the people's government at or above the
county level, or the fishery regulatory body thereunder or the administrative body of the aquatic
germplasm resources conservation zone shall handle it according to law.
Chapter IV Supplementary Provisions
Article 24 The fishery administrative departments of the provincial people's governments may make
detailed implementation rules pursuant to these Measures.
Article 25 These Measures shall come into force on March 1, 2011.