Criteria for determining areas banned from commercial fishing for a fixed term in Vietnam

Criteria for determining  areas banned from commercial fishing for a fixed term in Vietnam (Internet image)

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

1. What is commercial fishing?

According to Clause 18, Article 3 of the Law on Fisheries 2017, commercial fishing means catching or fishing logistics for catching aquatic resources.

Fishing logistics means exploration and search for, enticement, transport of caught aquatic resources in natural water.

(Clause 19, Article 3 of the Law on Fisheries 2017)

2. Criteria for determining  areas banned from commercial fishing for a fixed term in Vietnam

Areas banned from commercial fishing for a fixed term shall be determined by one of the following criteria:

- Reproductive areas and areas where the density of roe of aquatic species is higher than that in neighboring areas;

- Areas where aquatic species that have not reached sexual maturity live and areas where the density of juvenile fish, juvenile shrimps and larvae of aquatic species is higher than that in neighboring areas;

- Areas to which aquatic species migrate for reproductive purposes;

- Areas banned from commercial fishing prescribed by the regional fisheries management organization to which Vietnam is a party or a cooperating non-party.

(Clause 1, Article 14 of Circular 19/2018/TT-BNNPTNT)

3. Prohibited actions in fishery activities in Vietnam

Prohibited actions in fishery activities in Vietnam as prescribed in Article 7 of the Law on Fisheries 2017 include:

- Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.

- Obstruction of natural migration patterns of aquatic species.

- Encroachment of or damage to protected zones of aquatic resource and MPAs.

- 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.

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

- 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.

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

- 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.

- Throwing the fishing tackle in natural waters, except for force majeure.

- Putting impurities into aquatic products for commercial frauds.

- 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.

- 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.

- 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.

Nguyen Thi Hoai Thuong

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