Translated by Yang Hongzhi, Bureau of Aquatic Products, Xining
CHAPTER I
GENERAL RULES
| ARTICLE 1 | The general National Fisheries Law of the People's Republic of China and related regulations are applicable to the protection and rational utilization of the fishery resources of Qinghai Lake. |
| ARTICLE 2 | The Naked Carp (Gymnocypris przewalskii przewalskii) is a state owned valuable aquatic organism. Limitations on the quantity of catch, period and water area in which fishing can be conducted, are specified by statute. |
| ARTICLE 3 | All people and units concerned in the production and marketing of this species are subject to these regulations. |
CHAPTER II
ADMINISTRATION RESPONSIBLE FOR MONITORING THE FISHERY
| ARTICLE 4 | Implementation of unity leading and separate administration for the Qinghai Lake fishery. All administration concerning the Qinghai Lake Fishery is conducted by the provincial Fishery Police General Station (FPGS). Subsidiary in three counties around lake (Guonghe, Heiyan and Ganca) have responsibility for their local water areas under the supervision of FPGS. The nomination of their directors must first be agreed by FPGS. | |
| ARTICLE 5 | The responsibilities of varying-rank police stations are as follows: | |
| (Item 1) | Implementation of National Fishery Law and regulations. | |
| (Item 2) | Strengthening protection of breeding stocks and rational utilization of fishery resources. | |
| (Item 3) | Protecting the ecological environment of the fishery. | |
| (Item 4) | Keeping fishery production well ordered, handling fishery tribute and protecting fishery producer's statutory rights. | |
| (Item 5) | Responsibility for monitoring the safety of fishery production. | |
| ARTICLE 6 | Only qualified people are allowed to perform these duties. Normally, they have to pass examinations held by FPGS. Men on duty are required to show their certificates. | |
| ARTICLE 7 | Fishery policemen have the right to check all the boats entering the Qinghai Lake catchment area to examine licences, fishing gear, catches and fishing methods. | |
| ARTICLE 8 | Fishery policemen have the right to examine store and the products in them. No individuals or units may stop or refuse inspection. On the contrary, they are required to expedite it. | |
| ARTICLE 9 | After approval from the Public Security Organization, FPGS can establish road-side stations to check illegal fishing and transportation. The government of the three counties bordering the lake, and related authorities e.g. Public Security, Business administration, railway and highway department etc. must actively support FPGS's work. | |
CHAPTER III
CAPTURE ADMINISTRATION
| ARTICLE 10 | All the people or units involved in fishing activity or marketing must first apply to FPGS and obtain appropriate licences, which are not transferable. |
| ARTICLE 11 | Fishing producers must pay attention to safety measures. Individuals are recommended to aggregate to form collectives. |
| ARTICLE 12 | The licence application procedures are as follows: the state fishery factory applies directly to FPGS, whilst local counties route their application via local fishery police stations. |
| ARTICLE 13 | The total annual legal quota of fish which can be taken from Qinghai Lake is 2000 tonnes, the distribution of which depands on negotiation between FPGS and local stations. |
| ARTICLE 14 | The licence holder must submit a monthly operation report to FPGS on the no. of hauls, fishing places and catches. |
| ARTICLE 15 | Licences are only issued by FPGS. |
CHAPTER IV
PROLIFERATION AND PROTECTION OF THE FISHERY RESOURCE
| ARTICLE 16 | Prohibits harmful fishing methods such as explosives, poisons and use of dredge trawling. | |
| ARTICLE 17 | Fishing is prohibited in the following areas during the period of 1 April to 31 August each year. | |
| (Item 1) | For a distance of 2 km off shore and west of Three Strange Stones. | |
| (Item 2) | The beds and mouths of the Rivers Heima, Bianma, Buha, Qianji, Shaliu, Haergai and Ganzhi. | |
| ARTICLE 18 | Applies spatial and time restriction on the fishing activities of the licence holder. Each licence designates areas and periods in which fishing is allowed. | |
| ARTICLE 19 | During the period of ice cover from December to April, all fishing is forbidden for the conservation of broodstock. | |
| ARTICLE 20 | Fishing gears must conform to the following rules: | |
| (Item 1) | The mesh size of nets used in motorized trawling must be more than 7 cm. Small mesh size nets in the codend are also forbidden. | |
| (Item 2) | The mesh size of gill nets must be larger than 9cm. | |
| ARTICLE 21 | All new buildings affecting drainage of inflowing water must first be approved by FPGS. | |
| ARTICLE 22 | A pollution which might enter the lake is banned, and must be disposed of properly. | |
| ARTICLE 23 | A 4% of fishery protection tax must be paid at the stage of licence application. | |
| ARTICLE 24 | The state fishery factory's products supply the whole province, whilst, local county's production is mainly used for local needs. | |
| ARTICLE 25 | Written agreement is required from FPGS, before any products may be exported. | |
CHAPTER V
REWARD AND PUNISHMENT
| ARTICLE 26 | In the following situations, the administration body will make rewards and punishments. | |
| (Item 1) | For outstanding field work and the most responsible person in the protection and rational utilization of the fishery resource. | |
| (Item 2) | For usable, effective proposals for the protection of the environment of fishery resources. | |
| (Item 3) | For helping a duty-worker to produce excellent results. | |
| ARTICLE 27 | For the violation of RESERVATION ZONE regulation, catches, tools and profits can be confiscated, a 50 – 5000 RMB fine imposed, their licence suspended. | |
| ARTICLE 28 | In the case of fishing without licence and exceeding the quota, catches and profits can be confiscated, a 50 – 150 RMB fine imposed for unmotorized boats and 100 – 500 RMB for the motorized boats. In serious cases, gear is confiscated. | |
| ARTICLE 29 | For the violation of rules on capture method, place, time limitation and quantity of gear, catches and profits are forfeited and a fine imposed of 25 – 50 RMB for unmotorized boats, 50–100 RMB for motorized boats. | |
| ARTICLE 30 | For selling, buying, renting, illegally transferring and altering falsifying a CAPTURE licence, catches and profits are forfeited and a 100–1000 RMB fine imposed. | |
| ARTICLE 31 | For selling, buying, renting or illegal transfer of a market licence, catches and profits are forfeited, the licence suspended or forfeited as in Article 29. | |
| ARTICLE 32 | In the case of illegal purchase and transportation of naked carp, goods are forfeit according to the seriousness of the offence. | |
| ARTICLE 33 | Damage to the fishery resource resulting from unapproved buildings along the river bed, industry and chemical pollutant input, are handled according to national regulation and law. | |
| ARTICLE 34 | For an FPGS employee found guilty of unfair work or carelessness, their autorities will give punishment according to the seriousness of the case. | |
| ARTICLE 35 | Administration of punishment is made by the FPGS administration body. Where punishment is given, the relevant people should fill out punishment forms issued by FPGS and enter details in the licence. | |
| ARTICLE 36 | Where a wrong decision is made by a subordinate station, FPGS is endowed with the right to correct it | |
CHAPTER VI
APPENDICES
| ARTICLE 37 | All previous regulations are superceded and modified by the present regulations. |
| ARTICLE 38 | The Department of Agriculture is responsible for the dissemination of the regulations. |
| ARTICLE 39 | The regulations come into force at the beginning of April, 1990. |
