13 Prohibited actions in fishery activities in Vietnam

13 Prohibited actions in fishery activities in Vietnam (Internet image)

1. What are fishery activities?

According to Clause 1, Article 3 of the Law on Fishery 2017, fishery activities mean protection and development of aquatic resources, aquaculture, commercial fishing; processing, sale, purchase, export and import of aquatic products.

2. 13 Prohibited actions in fishery activities in Vietnam

Individuals and organizations are strictly prohibited from performing the following acts:

(1) Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.

(2) Obstruction of natural migration patterns of aquatic species.

(3) Encroachment of or damage to protected zones of aquatic resource and MPAs.

(4) Catching of aquatic products, aquaculture and construction and other activities that affect the living environment and aquatic resources in subdivisions under strict protection and subdivisions of ecological recovery of MPAs.

(5) Illegal operation of commercial fishing vessels and other watercrafts in subdivisions under strict protection of MPAs except for force majeure.

(6) Illegal commercial fishing, failure to report and comply with regulations of law (hereinafter referred to as “illegal commercial fishing”); purchase, sale, transport, storage, preliminary processing and processing of aquatic products originating from illegal commercial fishing, aquatic products with impurities for commercial fraud purposes.

(7) Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.

(8) Use of fishing tackle for obstructing or causing damage to organizations or individuals that are engaged in fishing; anchoring or mooring vessels at places where commercial fishing tackle of organization or individuals that are engaged in fishing are located or places where other commercial fishing vessels are engaged in fishing, except for force majeure.

(9) Throwing the fishing tackle in natural waters, except for force majeure.

(10) Putting impurities into aquatic products for commercial frauds.

(11) Use of antibiotics, veterinary drugs and plant protection drugs banned from use in aquaculture; chemicals, biological preparations and microorganisms banned from use in the production of aquatic feeds and products for adjusting aquaculture environment; use of aquatic breeds not included in the list of aquatic species permitted for trading in Vietnam for aquaculture.

(12) Destruction and demolition causing damage to or encroachment of works in fishing ports and anchorages for avoiding storms; discharge of wastes into improper places in fishing ports and anchorages for avoiding storms.

(13) Abuse of inspection, assessment of aquatic resources to cause damage to national defense, security, national interests, legal rights and interests of other organization and individuals; illegal provision and use of information and data on aquatic resources.

(Article 7 of the Law on Fishery 2017)

3. Principles of fishery activities in Vietnam

Specifically, in Article 5 of the Law on Fishery 2017, the principles of fishery activities include:

- Fishery activities shall ensure national defense and security.

- Commercial fishing shall depend on reserve of aquatic resources in combination with protection, recreation and development thereof and shall not exhaust aquatic resources and affect biodiversity; according to ecosystems and scientific indicators, carefully approach to ensure sustainable development.

- Fishery activities shall adapt to climate change, actively prevent and control natural disasters, ensure safety for people and means of fishery activities; prevent and control aquatic epidemics, ensure food safety and environment safety.

- Organizations and individuals that enjoy benefits from catching and use of aquatic resources or are involved in sectors producing direct effects on aquatic resources shall their interests and responsibilities ensured.

- Fishery activities shall meet requirements of international integration and comply with international treaties to which the Socialist Republic of Vietnam is a signatory.

Thanh Rin

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