Procedures for catching of endangered, precious and rare aquatic species in Vietnam

Procedures for catching of endangered, precious and rare aquatic species in Vietnam (Internet image)

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

1. Criteria for determining whether an aquatic species is endangered, precious or rare in Vietnam

According to Article 7 of Decree 26/2019/ND-CP, endangered, precious and rare aquatic species are classified into 2 groups, including Group I and Group II.

In there:

- An endangered, precious or rare aquatic species shall be classified into Group I if the following criteria are met:

(i)  The species carries rare and precious genes so that it is preserved and selected to serve aquaculture

Or contains substances or active ingredients with specific biological effects used as raw materials for preparation of medicinal products

Or is highly profitable when commercialized

Or plays a decisive role in maintaining the balance of other species in the biome

Or has representativeness or uniqueness of an geographic area.

(ii) There has been a very small number of species in nature or the species is in great danger of extinction if there is an observed

Or estimated population size reduction of at least 50% over the last 05 years by the time of assessment or a population size reduction of at least 50%, projected to be met within the next 05 years.

- An endangered, precious or rare aquatic species shall be classified into Group II if the following criteria are met:

+ The species meets the criterion specified in (i).

+ There has been a very small number of species in nature or the species is in great danger of extinction if there is an observed or estimated population size reduction of at least 20% over the last 05 years by the time of assessment

Or a population size reduction of at least 20%, projected to be met within the next 05 years.

2. Procedures for catching of endangered, precious and rare aquatic species in Vietnam

2.1. Application for approval for catching of endangered, precious and rare aquatic species in Vietnam

An application for approval for catching of endangered, precious and rare aquatic species includes:

- An application form (Form No. 10.BT in the Appendix I attached to Decree 26/2019/ND-CP);

- A catching plan (Form No. 11.BT in the Appendix I attached to Decree 26/2019/ND-CP);

- An original or certified true copy of the national agreement on international cooperation in donation and exchange of endangered, precious and rare aquatic species if the species is caught for the purpose of international cooperation;

- A decision on approval for outline for scientific research, conservation or creation of original breeds issued by the competent authority or description of the outline for scientific research, conservation or creation of original breeds if the species is caught for the purpose of scientific research, conservation or creation of original breeds;

- An applicant’s document defining its functions and tasks in the case of scientific research, conservation or creation of original breeds.

(Clause 1, Article 9 of Decree 26/2019/ND-CP)

2.2. Procedures for granting written approval for catching of endangered, precious and rare aquatic species

Procedures for granting written approval for catching of endangered, precious and rare aquatic species:

- The applicant shall submit an application specified in Section 2.1 to the Directorate of Fisheries;

- Within 20 working days from the receipt of the satisfactory application, the Directorate of Fisheries shall appraise it, consult the MPA management unit if the species is caught within the MPA and grant the written approval using the Form No. 12.BT in the Appendix attached to Decree 26/2019/ND-CP.

In case of rejection of the application, a response and explanation shall be provided in writing.

* Note:

- The written approval for catching of endangered, precious and rare aquatic species is effective until completion of the task in conservation, scientific research, creation of original breeds or international cooperation.

- The Directorate of Fisheries shall revoke the written approval for catching of endangered, precious and rare aquatic species if the organization/individual fails to comply with the written approval or plan for catching of endangered, precious and rare aquatic species.

(Clause 2, 3 and 4 Article 9 of Decree 26/2019/ND-CP)

Nguyen Thi Hoai Thuong

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