Chapter II
PROTECTION AND DEVELOPMENT OF AQUATIC RESOURCES
Article 7.- Protection of habitats of aquatic resources
1. Organizations and individuals shall have to protect the habitats of aquatic species.
2. Organizations and individuals conducting fishery activities or other activities directly affecting the habitats, migration and/or reproduction of aquatic species must observe the provisions of this Law, the legislation on environmental protection, the legislation on natural water resources and other relevant law provisions.
3. Organizations and individuals, when building, renovating or dismantling works related to the habitats, migration and/or reproduction of aquatic species, must conduct the assessment of environmental impacts according to the law provisions on environmental protection.
4. Organizations and individuals exploiting aquatic resources by placing weirs, traps or other methods of enclosure in rivers, lakes, marshes or lagoons must reserve a corridor for the movement of aquatic species according to the regulations of the local People's Committees.
Article 8.- Conservation, protection, reproduction and development of aquatic resources
1. The State shall adopt policies to conserve and protect aquatic resources, particularly those in danger of extinction, precious and rare species, species of high economic value and of scientific significance; to encourage scientific research so as to work out appropriate measures to develop aquatic resources; to invest in the production of aquatic breeds to be stocked in their natural habitats and to create artificial habitats with a view to reproducing and developing aquatic resources.
2. Organizations and individuals shall be obliged to conserve, protect, reproduce and develop aquatic resources in accordance with the provisions of this Law and other relevant law provisions.
3. The Ministry of Fisheries shall periodically announce:
a/ The list of aquatic species already inscribed in the red book of Vietnam and other species banned from exploitation; the list of aquatic species banned from exploitation for definite periods and the periods when exploitation is banned;
b/ Exploiting methods, exploiting occupations, fishing tools banned from use or subject to restricted use;
c/ Categories and minimum sizes of aquatic species permitted for exploitation, and exploitation seasons;
d/ Areas where exploitation is prohibited and areas where exploitation is prohibited for definite periods.
4. In case of necessity and if obtaining the approval of the Ministry of Fisheries, the People's Committees of the provinces or centrally-run cities (hereinafter referred collectively to as the provincial level) shall announce additional contents of the provisions of Clause 3 of this Article to make them suitable to the actual activities of exploiting aquatic resources in their localities.
Article 9.- Planning and managing conservation zones of inland water areas and conservation sea zones
1. On the basis of the typical degree of bio-diversity according to national and international standards, conservation zones of inland water areas and conservation sea zones shall be classified into national parks; species and biotope conservation zones; and natural aquatic resource reserve zones.
2. The Government shall promulgate criteria for the classification of, and announce, conservation zones; plan, build, and decentralize the management of, conservation zones of inland water areas and conservation sea zones; promulgate the regulations on management of conservation zones of important national and international significance.
The provincial-level People's Committees shall promulgate the regulations on management of conservation zones decentralized to their localities for management under the guidance of the Ministry of Fisheries.
3. The State shall invest in conserving the gene stocks and bio-diversity of aquatic resources; adopt policies to encourage organizations and individuals at home and abroad to invest in building, and participate in managing, conservation zones; adopt policies to support the shift of occupations, resettlement, ensuring the interests of inhabitants in the conservation zones.
4. Organizations and individuals shall have to protect conservation zones of inland water areas and conservation sea zones according to the Regulation on management of conservation zones.
Article 10.- Financial sources for reproduction of aquatic resources
1. Financial sources for reproduction of aquatic resources include:
a/ State budget allocations;
b/ The fund for reproduction of aquatic resources, which is formed from contributions of organizations and individuals that exploit, culture, process, trade in, export and/or import aquatic resources; contributions of organizations and individuals engaged in the business lines and occupations directly affecting aquatic resources; financial supports from organizations and individuals at home and abroad; and other revenue sources as prescribed by law.
2. The Government shall prescribe the management and use of financial sources for reproducing aquatic resources; specify the contributors, contribution levels and cases of reduction of, and exemption from contribution to the fund for reproduction of aquatic resources.
Tìm kiếm
Luật Thủy sản 2003 (Bản Word)