Management and protection of endangered, precious and rare aquatic species under the new regulations in Vietnam (Image from the internet)

Regarding this matter, LawNet would like to answer as follows: 

On April 4, 2024, Hanoi issued Decree 37/2024/ND-CP, which amends and supplements certain provisions of Decree 26/2019/ND-CP dated March 8, 2019, detailing certain articles and providing measures to implement the Law on Fisheries 2017.

Management and protection of endangered, precious and rare aquatic species under the new regulations in Vietnam

The regulations concerning the management and protection of endangered, precious, and rare aquatic species have been revised and supplemented as follows:

1. It is prohibited to exploit endangered, precious, and rare aquatic species classified under Group I, except for purposes of conservation, scientific research, initial breeding generation research, or international cooperation.

2. Endangered, precious, and rare aquatic species under Group II may be exploited if certain conditions stipulated in Part II of Appendix II promulgated with Decree 37/2024/ND-CP are met.

3. Organizations and individuals exploiting endangered, precious, and rare aquatic species under Group I or II without meeting the conditions in Part II of Appendix II, promulgated with Decree 37/2024/ND-CP, for conservation, scientific research, initial breeding generation creation, or international cooperation must obtain written approval from the aquatic resources management authority under the Ministry of Agriculture and Rural Development and comply with regulations on genetic resource access.

4. Organizations and individuals creating initial breeding stock or producing the breeds of endangered, precious, and rare aquatic species must release at least 0.1% of the annual number of produced individuals into suitable natural waters. The breeding release process for restoring endangered, precious, and rare aquatic resources is as follows:

   • Organizations and individuals report the previous year's breeding production and current year's release plan to the provincial aquatic resources management authority where the organization or individual operates by January 30 each year via email or in person.
   • Seven days before the breeding release, organizations and individuals must notify the provincial aquatic resources management authority via email or in person for coordination.

5. For endangered, precious, and rare aquatic species confiscated as administrative violation evidence or case evidence according to criminal law, they are handled as follows:

   • Live and healthy individuals are to be released back into the natural environment; injured individuals are to be handed over to a rescue facility for care before release.
   • Specimens or whole dead individuals are to be entrusted to the Vietnam Museum of Nature or scientific research agencies for specimen preparation, display, research, education, or disposed of according to the law.
   • Specimens or whole dead individuals that cannot be handed over or are determined to be diseased and pose a risk of disease outbreak must be destroyed immediately following current regulations on veterinary service, environmental protection, and animal and plant quarantine.

6. The rescue process for injured or stranded endangered, precious, and rare aquatic species is as follows:

   • Organizations and individuals discovering injured or stranded endangered, precious, and rare aquatic species must notify the provincial aquatic resources management authority or a rescue facility.
   • The provincial aquatic resources management authority, upon receiving information or being handed over by organizations or individuals, must notify the rescue facility and perform initial care while awaiting transfer.
   • The rescue facility receives the endangered, precious, and rare aquatic species and documents the handover using Form 09.BT Appendix I, promulgated with Decree 37/2024/ND-CP.

7. The responsibilities of rescue facilities for endangered, precious, and rare aquatic species include:

   • Rescuing, treating, nurturing, and evaluating the adaptability of rescued species before releasing them back into their natural habitat. If the species dies during care, the rescue facility may use it for specimen preparation for education or hand over to the Vietnam Museum of Nature or a scientific research agency. If the species cannot survive in the wild, the facility continues care or hands it over to a suitable organization for research, education, or publicity.
   • Reporting rescue outcomes to the aquatic resources management authority under the Ministry of Agriculture and Rural Development by November 20 each year and as required.

8. If an endangered, precious, and rare aquatic species dies and is not preserved, stored, or prepared as a specimen for research, education, the provincial aquatic resources management authority coordinates with local district governments to handle it according to customs and veterinary, environmental protection, and animal and plant quarantine laws.

9. Organizations and individuals encountering or unintentionally capturing endangered, precious, and rare aquatic species during aquatic exploitation must record the information in the fishing log, assess the individual's health, and proceed as follows:

   • If the individual is alive and healthy, release it back into the exploitation area.
   • If injured and salvageable, follow the rescue process outlined in point 6.
   • If the injury is beyond recovery or the individual is dead, proceed as outlined in point 8.

Refer to Decree 37/2024/ND-CP for more details, which comes into force in Vietnam from May 19, 2024.

Nguyen Ngoc Que Anh

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