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Full text of the Marine Environmental Protection Law of the People's Republic of China

Source：EeXizangGovCn

Release Time：1 years ago

Law of the People's Republic of China on the Protection of the Marine Environment

（1982年8月23日第五届全国人民代表大会常务委员会第二十四次会议通过 1999年12月25日第九届全国人民代表大会常务委员会第十三次会议第一次修订根据2013年12月28日第十二届全国人民代表大会常务委员会第六次会议《关于修改〈Law of the People's Republic of China on the Protection of the Marine Environment〉等七部法律的决定》第一次修正根据2016年11月7日第十二届全国人民代表大会常务委员会第二十四次会议《关于修改〈Law of the People's Republic of China on the Protection of the Marine Environment〉的决定》第二次修正根据2017年11月4日第十二届全国人民代表大会常务委员会第三十次会议《关于修改〈中华人民共和国会计法〉等十一部法律的决定》第三次修正 2023年10月24日第十四届全国人民代表大会常务委员会第六次会议第二次修订）

Table of Contents

Chapter I: General Provisions

Chapter II Supervision and Management of the Marine Environment

Chapter III: Marine Ecological Protection

Chapter IV: Prevention and Control of Pollution from Land-based Pollutants

Chapter V: Pollution Prevention and Control of Engineering Construction Projects

Chapter VI Prevention and Control of Pollution from Waste Dumping

Chapter VII Pollution Prevention and Control of Ships and Related Operational Activities

Chapter VIII: Legal Responsibility

Chapter IX: Supplementary Provisions

Chapter I: General Provisions

　　Article 1: This Law is enacted on the basis of the Constitution so as to protect and improve the marine environment, protect marine resources, prevent and control pollution damage, ensure ecological security and public health, safeguard the nation's maritime rights and interests, build a maritime power, advance the construction of ecological civilization, promote sustainable economic and social development, and realize the harmonious coexistence of man and nature.

　　Article 2 This Law shall apply to the maritime areas under the jurisdiction of the People's Republic of China.

　　Any unit or individual engaged in navigation, exploration, development, production, tourism, scientific research and other activities in the waters under the jurisdiction of the People's Republic of China, or engaged in activities affecting the marine environment in coastal land areas, shall abide by this Law.

　　The relevant provisions of this Law apply to those outside the waters under the jurisdiction of the People's Republic of China, causing environmental pollution or ecological damage in the waters under the jurisdiction of the People's Republic of China.

　　Article 3: The protection of the marine environment shall adhere to the principles of giving priority to protection, giving priority to prevention, prevention and control at the source, overall planning of land and sea, comprehensive management, public participation, and responsibility for damages.

　　Article 4: The competent department of ecology and environment under the State Council shall be responsible for the supervision and management of the marine environment throughout the country, and shall be responsible for the national environmental protection efforts to prevent and control land-based pollutants, coastal engineering and marine engineering construction projects (hereinafter referred to as "engineering construction projects"), and marine dumping wastes to the marine environment, and to guide, coordinate, and supervise the national efforts for the protection and restoration of marine ecosystems.

　　The competent department of natural resources under the State Council shall be responsible for the supervision and management of marine protection, development and utilization, and shall be responsible for the restoration of marine ecology and coastlines and islands throughout the country.

　　The competent department of transportation under the State Council shall be responsible for the supervision and management of pollution of the marine environment by non-military vessels in the waters of the port area under its jurisdiction and by non-fishery and non-military vessels outside the waters of the port area, and shall organize, coordinate and direct the emergency response to major marine oil spills. The maritime safety administration shall be specifically responsible for the supervision and management of the pollution of the marine environment by relevant ships in the above-mentioned waters, and shall be responsible for the investigation and handling of pollution accidents, and shall be responsible for boarding, inspecting, and handling pollution accidents caused by foreign ships sailing, berthing and operating in the waters under the jurisdiction of the People's Republic of China. If a ship pollution accident causes damage to the fishery, the fishery department shall be involved in the investigation and handling.

　　The fishery department under the State Council shall be responsible for the supervision and management of pollution of the marine environment by non-military vessels in the waters of fishing ports and fishing vessels outside the waters of fishing ports, shall be responsible for the protection of the ecological environment of fishery waters, and shall investigate and deal with fishery pollution accidents other than those provided for in the preceding paragraph.

　　The departments of development and reform, water administration, housing and urban-rural construction, forestry and grassland under the State Council shall, within the scope of their respective duties, be responsible for the protection of the marine environment in the relevant industries and fields.

　　Within the scope of their duties, the coast guard bodies shall supervise and inspect marine engineering construction projects, marine pollution damage caused by marine dumping waste, and the protection and utilization of the seaward side of the coastline of nature reserves, investigate and deal with illegal acts, and participate in the emergency response, investigation and handling of marine environmental pollution accidents in accordance with the prescribed authority.

　　The military's ecological and environmental protection department is responsible for the supervision and management of the marine environment polluted by military vessels and the investigation and handling of pollution accidents.

　　Article 5 The local people's governments at or above the county level along the coast shall be responsible for the quality of the marine environment in the sea areas under their management.

　　The State implements a responsibility system and an assessment and evaluation system for marine environmental protection objectives, and includes the completion of marine environmental protection objectives in the content of assessment and evaluation.

　　Article 6: Local people's governments at or above the county level along the coast may establish regional coordination mechanisms for the protection of the marine environment, and organize and coordinate the environmental protection efforts in the sea areas under their management.

　　Trans-regional marine environmental protection work shall be resolved through consultation by the people's governments of the coastal areas concerned, or by the people's governments at higher levels.

　　Major cross-departmental marine environmental protection work shall be coordinated by the competent department of ecology and environment under the State Council; If the coordination fails to resolve the issue, the State Council shall make a decision.

　　Article 7: The State Council and local people's governments at or above the county level along the coast shall include marine environmental protection efforts in their national economic and social development plans, and include the funds needed for marine environmental protection efforts in the budgets of governments at that level in accordance with the principle of division of authority and responsibility for expenditures.

　　Article 8: People's governments at all levels and their relevant departments shall strengthen publicity, education, and knowledge popularization efforts on marine environmental protection, enhance public awareness of marine environmental protection, and guide the public to participate in marine environmental protection work in accordance with law; Encourage grassroots mass autonomous organizations, social organizations, volunteers, etc. to carry out publicity activities on laws, regulations, and knowledge of marine environmental protection; In accordance with the division of duties and labor, information related to the marine environment shall be disclosed in accordance with law.

　　The news media shall adopt various forms to carry out publicity and reporting on the protection of the marine environment, and conduct public opinion supervision of illegal acts.

　　Article 9 All units and individuals have the obligation to protect the marine environment, and have the right to supervise and report the illegal acts of units and individuals that pollute the marine environment or damage the marine ecology, as well as the marine environmental supervision and management personnel.

　　Any unit or individual engaged in activities that affect the marine environment shall take effective measures to prevent and mitigate pollution and ecological damage to the marine environment. Polluters shall disclose pollutant discharge information in accordance with law.

　　Article 10: The State encourages and supports the research, development, and application of science and technology for marine environmental protection, promotes the establishment of information technology for marine environmental protection, strengthens the cultivation of professional and technical personnel for marine environmental protection, and raises the level of science and technology for marine environmental protection.

　　The State encourages and supports international exchanges and cooperation in the protection of the marine environment.

　　Article 11 Units and individuals that have made remarkable achievements in the protection of the marine environment shall be commended and rewarded in accordance with the relevant provisions of the State.

Chapter II Supervision and Management of the Marine Environment

　　Article 12 The State implements a marine environmental supervision and management system with overall land and sea planning and regional linkage, and strengthens the cohesion and coordination of planning, standards, monitoring and other supervision and management systems.

　　People's governments at all levels and their relevant departments shall strengthen the capacity building of marine environmental supervision and management, and raise the level of scientific and technological and information-based marine environmental supervision and management.

　　Article 13: The State gives priority to designating sea areas with extremely important ecological functions and extremely sensitive and fragile ecology into the ecological protection red line, and implements strict protection.

　　The development and utilization of marine resources or the engagement of construction activities that affect the marine environment shall be based on the scientific and rational layout of the territorial spatial planning, strictly abide by the requirements for the control of the use of the land and space, strictly abide by the red line of ecological protection, and shall not cause damage to the marine ecological environment. The people's governments at all levels in coastal areas shall, in accordance with territorial and spatial planning, protect and scientifically and rationally use the sea area. The people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the supervision and management of human activities within the ecological protection redlines, and periodically assess the effectiveness of protection.

　　The relevant departments of the State Council, the local people's governments at or above the level of coastal districted cities and their relevant departments shall, in accordance with the law, conduct environmental impact assessments, including the protection of the marine environment, for the territorial and spatial plans and related plans that they have organized and compiled.

　　Article 14: The competent department for ecology and environment under the State Council, in conjunction with relevant departments and institutions and the people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government, shall formulate a national plan for the protection of the marine ecological environment, which shall be implemented after approval by the State Council. The national plan for the protection of the marine ecological environment shall be linked to the national land and space plan.

　　People's governments at all levels in coastal areas shall, in accordance with the national plan for the protection of the marine ecological environment, organize and implement the protection of the marine environment in the sea areas under their management.

　　Article 15: The people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the ecological environment and resource utilization of the sea areas under their management, include the sea areas under their management in the ecological environment zoning control plan and the ecological environment access list, and report to the competent department of ecology and environment under the State Council for implementation after filing. The zoning control plan for the ecological environment and the ecological environment access list shall be linked to the territorial spatial planning.

　　Article 16 The competent department of ecology and environment under the State Council shall, on the basis of the state of marine environmental quality and the economic and technical conditions of the State, formulate national standards for the quality of the marine environment.

　　The people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government may formulate local marine environmental quality standards for projects that are not specified in the national marine environmental quality standards; For projects that have been specified in the national marine environmental quality standards, local marine environmental quality standards that are stricter than the national marine environmental quality standards may be formulated. Local marine environmental quality standards shall be reported to the competent department of ecology and environment under the State Council for the record.

　　The State encourages the development of marine environmental benchmark research.

　　Article 17 The opinions of relevant departments, industry associations, enterprises, public institutions, experts and the public shall be solicited in the formulation of marine environmental quality standards, so as to improve the scientific nature of marine environmental quality standards.

　　Marine environmental quality standards shall be assessed periodically and revised in due course based on the assessment results.

　　Article 18: Marine environmental quality standards shall be one of the important bases in the formulation of national and local standards for the discharge of water pollutants.

　　For sea areas where the marine environmental protection objectives have not been completed, the competent department of ecology and environment of the people's government at or above the provincial level shall suspend the examination and approval of the environmental impact report (form) of the construction project that adds the total amount of the corresponding type of pollutant discharge, and shall interview the principal responsible person of the people's government of the region and its relevant departments in conjunction with the relevant departments, and require them to take effective measures to make corrections in a timely manner, and the circumstances of the interview and rectification shall be disclosed to the public.

　　Article 19: The State strengthens the control of the quality of the marine environment, promotes the comprehensive management of sea areas, strictly manages the discharge permits for sea areas, and improves the quality of the marine environment in key sea areas.

　　Coastal engineering and marine engineering units that need to directly discharge industrial wastewater and medical sewage into the ocean, operating units of centralized urban sewage treatment facilities, and other enterprises, public institutions, and producers and operators shall obtain a pollutant discharge permit in accordance with law. The administration of pollutant discharge permits shall be implemented in accordance with the relevant provisions of the State Council.

　　Enterprises, public institutions, and other producers and operators that implement the management of pollutant discharge permits shall implement the requirements of pollutant discharge permits on the type, concentration, amount of discharge, discharge method, discharge destination, and self-monitoring of pollutants discharged.

　　It is forbidden to discharge pollutants into the sea by evading supervision by setting up hidden pipes or tampering with or falsifying monitoring data, as well as by not operating pollution prevention and control facilities normally.

　　Article 20: On the basis of the requirements for improving the state and quality of the marine environment, the competent department of ecology and environment under the State Council, in conjunction with the State Council's departments for development and reform, natural resources, housing and urban-rural construction, transportation, water administration, fisheries, and the coast guard, is to delineate key sea areas for national environmental governance and the areas under their control, and formulate action plans for comprehensive management, which are to be implemented after approval by the State Council.

　　Local people's governments at or above the municipal level with districts along the coast shall, in accordance with the action plan for comprehensive management, formulate an implementation plan for the management of sea areas, adopt special control measures in accordance with local conditions, carry out comprehensive management, and coordinate the promotion of the management of key sea areas and the construction of beautiful bays.

　　Article 21: Enterprises, public institutions, and other producers and operators that directly discharge taxable pollutants into the sea shall pay environmental protection taxes in accordance with the provisions of law.

　　Dumping of waste into the sea shall be subject to the payment of dumping fees in accordance with the relevant provisions of the State. The specific measures shall be formulated by the development and reform department of the State Council and the competent department of finance of the State Council in conjunction with the competent department of ecology and environment under the State Council.

　　Article 22: The State strengthens scientific and technological research and development for the prevention and control of pollution and damage to the marine environment, and implements a system of eliminating backward production processes and equipment that seriously pollute the marine environment.

　　Enterprises, public institutions, and other producers and operators shall give priority to the use of clean and low-carbon energy, and adopt clean production processes with high resource utilization and low pollutant emissions, so as to prevent pollution of the marine environment.

　　Article 23 The competent department of ecology and environment under the State Council shall be responsible for the monitoring of the marine ecological environment, formulate norms and standards for the monitoring of the marine ecological environment and supervise their implementation, organize the implementation of monitoring the quality of the marine ecological environment, uniformly publish the national communiqué on the state of the marine ecological environment, and periodically organize investigations and evaluations of the quality of the marine ecological environment.

　　The competent department of natural resources under the State Council shall organize and carry out surveys of marine resources and early warning and monitoring of marine ecology, and issue warnings and communiqués for early warning and monitoring of marine ecology.

　　Other departments and institutions exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall carry out monitoring and surveillance in accordance with their duties and division of labor.

　　Article 24: The relevant departments of the State Council and the coast guard shall provide the competent department of ecology and environment under the State Council with information on the monitoring, investigation, and monitoring of the estuaries and the marine environment necessary for the preparation of the National Bulletin on the State of the Marine Ecological Environment.

　　The competent departments of ecology and environment shall provide relevant departments and coast guard bodies with information related to the supervision and management of the marine environment.

　　Article 25: The competent department for ecology and environment under the State Council, in conjunction with relevant departments and institutions, is to provide services for the supervision and management of marine environmental protection and information sharing through an intelligent comprehensive information system.

　　The relevant departments of the State Council, coast guard bodies, and coastal local people's governments at or above the county level and their relevant departments shall, in accordance with provisions, promote comprehensive, coordinated and normalized monitoring, strengthen the sharing of monitoring data, law enforcement information and other marine environmental management information, and raise the level of comprehensive management of marine environmental protection.

　　Article 26 The State shall strengthen the monitoring of the marine radiation environment, and the competent department of ecology and environment under the State Council shall be responsible for formulating and organizing the implementation of emergency monitoring plans for the marine radiation environment.

　　Article 27 Units and individuals that cause or may cause pollution or ecological damage to the marine environment as a result of accidents or other emergencies shall immediately take effective measures to remove or mitigate the harm, promptly notify the persons who may be harmed, and report to the departments and institutions exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law, and accept investigation and handling.

　　When the ecological environment of the coastal waters at or above the county level is seriously harmed, they shall take effective measures to remove or mitigate the harm.

　　Article 28: Based on the needs of preventing pollution of the marine environment, the State is to draft national emergency response plans for major marine pollution incidents, establish and complete emergency response mechanisms such as for marine oil spill pollution, and ensure the necessary funds for response efforts.

　　The State shall establish an inter-ministerial joint conference system for emergency response to major marine oil spills. The competent department of transportation under the State Council shall take the lead in organizing the preparation of a national emergency response plan for major marine oil spills and organize its implementation.

　　The competent department of ecology and environment under the State Council shall be responsible for formulating and organizing the implementation of the national emergency response plan for offshore oil exploration and development marine oil spill pollution incidents.

　　The State Maritime Safety Administration shall be responsible for formulating national contingency plans for major marine oil spill pollution incidents from ships, and shall report to the competent department of ecology and environment under the State Council and the emergency management department of the State Council for the record.

　　Local people's governments at or above the county level along the coast and their relevant departments shall formulate relevant emergency response plans, and in the event of marine environmental emergencies, promptly activate the emergency response plans, and take effective measures to remove or mitigate the hazards.

　　Units that may have marine environmental emergencies shall, in accordance with relevant provisions, formulate their own emergency plans, equip them with emergency equipment and equipment, and organize and carry out emergency drills on a regular basis; Emergency response plans shall be filed with the departments and institutions exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law.

　　Article 29 Departments and institutions exercising the power of supervision and management of the marine environment in accordance with the provisions of this Law shall have the right to conduct on-site inspections of units and individuals engaged in activities affecting the marine environment; When violations of the provisions of this Law are discovered during patrol surveillance, they shall stop it, investigate and collect evidence, and when necessary, have the right to take effective measures to prevent the situation from expanding, and report it to the relevant departments or institutions for handling.

　　The person being inspected shall truthfully report the situation and provide necessary materials. Inspectors shall protect commercial secrets, personal privacy, and personal information for the inspected persons in accordance with law.

　　Departments and agencies exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law may carry out joint law enforcement at sea.

　　Article 30 Where serious pollution or ecological damage to the marine environment is caused or may be caused, or where relevant evidence may be destroyed or concealed, the departments and institutions exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law may seal up or seize the relevant vessels, facilities, equipment, and articles.

　　Article 31: Where environmental pollution or ecological damage is caused or might be caused in waters outside the jurisdiction of the People's Republic of China, the relevant departments and institutions have the right to take necessary measures.

　　Article 32: The competent department for ecology and the environment under the State Council, in conjunction with relevant departments and institutions, is to establish systems for the credit records, evaluation, and application of enterprises, public institutions, and other producers and operators that discharge pollutants into the ocean, engage in the dumping of waste into the ocean, and engage in the governance and services of the marine ecological environment, and include the relevant credit records in the national Public Credit Information sharing platform.

Chapter III: Marine Ecological Protection

　　Article 33: The State strengthens the protection of marine ecosystems, increasing the quality, diversity, stability, and sustainability of marine ecosystems.

　　The State Council and the people's governments of coastal localities at all levels shall take effective measures to focus on the protection of typical and representative marine ecosystems such as mangroves, coral reefs, seaweed farms, seagrass beds, coastal wetlands, islands, bays, estuaries and important fishery waters, natural concentrated distribution areas of rare and endangered marine organisms, areas for the survival of marine organisms of important economic value, and marine natural relics and natural landscapes of major scientific and cultural value.

　　Article 34: The State Council and the people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government, as well as their relevant departments, shall, on the basis of the needs of protecting the oceans, include important marine ecosystems, areas of concentrated distribution of rare and endangered marine organisms, areas of concentrated distribution of marine natural relics and natural landscapes, and other areas into national parks, nature reserves, or nature parks.

　　Article 35: The State shall establish and complete a compensation system for the protection of marine ecosystems.

　　The State Council and the people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government shall support the development of compensation for marine ecological protection through transfer payments, industrial support, and other means.

　　People's governments at all levels in coastal areas shall implement compensation funds for marine ecological protection and ensure that they are used for compensation for marine ecological protection.

　　Article 36: The State strengthens the conservation of marine biodiversity, completes systems for the investigation, monitoring, assessment, and protection of marine biodiversity, maintains and restores important marine ecological corridors, and prevents damage to marine biodiversity.

　　The development and utilization of marine and coastal resources shall effectively protect important marine ecosystems, biological species, and biological genetic resources, and maintain marine biodiversity.

　　The introduction of marine animal and plant species shall be scientifically demonstrated to avoid causing harm to the marine ecosystem.

　　Article 37: The State encourages the scientific development of the multiplication and release of aquatic organisms, supports scientific planning, and employs measures such as putting artificial reefs and planting seaweed farms, seagrass beds, and corals in accordance with local conditions, to restore marine biodiversity and restore and improve marine ecology.

　　Article 38 Strict ecological protection measures shall be adopted in the development of the resources of the islands and the surrounding sea areas, and shall not cause damage to the topography, shores, beaches, vegetation of the islands, or the ecological environment of the waters around the islands.

　　Article 39: The State strictly protects natural coastlines and establishes and improves systems for controlling natural coastlines. The people's governments of coastal provinces, autonomous regions, and municipalities directly under the Central Government are responsible for delineating and promulgating the scope of strictly protected coastlines.

　　The people's governments at all levels in coastal areas shall strengthen the classified protection and utilization of coastlines, protect and restore natural coastlines, promote the ecology of artificial coastlines, maintain the stability and balance of coastlines and beaches, and scientifically and reasonably delineate coastal building setbacks in accordance with local conditions.

　　It is forbidden to illegally occupy or damage the natural coastline.

　　Article 40 The water resources administrative department of the State Council shall solicit and study the opinions of the departments of ecology and environment, natural resources, and other departments under the State Council in determining the ecological flow control indicators of important rivers entering the sea. Scientific demonstrations shall be conducted to determine ecological flow management and control indicators, and factors such as water resource conditions, climatic conditions, ecological and environmental protection requirements, and water use for domestic and production purposes shall be comprehensively considered.

　　The local people's governments at or above the county level where the estuaries enter the sea and their relevant departments shall, in accordance with the requirements of the linkage between the river and the sea, formulate and implement plans for the ecological restoration and other protection measures of the estuary, strengthen the comprehensive monitoring of water, sand, salt, tidal flats, biological populations and estuarine morphology, take effective measures to prevent seawater intrusion and backfilling, and maintain the good ecological functions of the estuary.

　　Article 41 The people's governments at all levels in coastal areas shall, in light of the characteristics of the local natural environment, construct coastal protection facilities, coastal shelter forests, coastal urban gardens and green spaces, and carry out comprehensive management of coastal erosion and seawater intrusion areas.

　　It is forbidden to destroy coastal protection facilities, coastal shelter forests, coastal town gardens and green spaces.

　　Article 42 Restoration shall be carried out for damaged marine ecosystems with important ecological, economic and social value. Marine ecological restoration should focus on habitat improvement, restoration of biodiversity and basic ecosystem functions, with natural restoration as the mainstay, supplemented by artificial restoration, and priority should be given to the restoration of typical and representative marine ecosystems.

　　The department in charge of natural resources under the State Council is responsible for coordinating marine ecological restoration, taking the lead in organizing the preparation of marine ecological restoration plans and implementing major projects related to marine ecological restoration. The preparation of marine ecological restoration plans shall be subject to scientific demonstration and assessment.

　　The State Council's departments for natural resources, ecology and the environment shall carry out oversight and assessment of the effectiveness of restoration in accordance with their duties and division of labor.

　　Article 43: The competent department of natural resources under the State Council is responsible for carrying out the prevention of marine ecological disasters, risk assessment, and investigation and management of hidden dangers nationwide.

　　The local people's governments at or above the county level in coastal areas shall be responsible for responding to marine ecological disasters in the sea areas under their management, and shall take necessary measures for disaster prevention, disposal and post-disaster recovery to prevent and mitigate the impact of disasters.

　　Enterprises, public institutions, and other producers and operators shall take necessary countermeasures to prevent the expansion of marine ecological disasters.

　　Article 44 The State encourages the development of ecological fisheries, popularizes a variety of ecological fishery production methods, improves the state of marine ecology, and protects the marine environment.

　　The local people's governments at or above the county level along the coast shall, in accordance with local conditions, prepare and organize the implementation of the planning of tidal flats in aquaculture waters, determine the waters and tidal flats that can be used for aquaculture, scientifically delineate the areas where marine aquaculture is prohibited, restricted and aquaculture, and establish a mechanism for cleaning up and withdrawing marine aquaculture in the prohibited areas.

　　Article 45 Marine aquaculture activities shall protect the marine environment, scientifically determine the scale and density of aquaculture, rationally feed and fertilize, correctly use drugs, and promptly and standardize the collection and disposal of solid wastes, so as to prevent damage to the marine ecological environment.

　　It is forbidden to add or expand the scale of feeding and fertilizing marine aquaculture in coastal waters where nitrogen and phosphorus concentrations seriously exceed the standard.

　　The discharge of aquaculture tailwater pollutants into the sea shall comply with the pollutant discharge standards. The people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government shall formulate local standards related to the discharge of pollutants from marine aquaculture, and strengthen the supervision and management of the prevention and control of pollution from aquaculture tailwater.

　　Pollutant discharging units of factory farming and centralized contiguous aquaculture with unified sewage outlets shall monitor the tail water of aquaculture in accordance with relevant regulations.

Chapter IV: Prevention and Control of Pollution from Land-based Pollutants

　　Article 46: The discharge of land-based pollutants into the sea shall strictly enforce the standards and relevant provisions provided for by the State or localities.

　　Article 47 The selection of the location of the sewage outlet into the sea shall comply with the requirements for the control of land and space use, and shall be reported to the competent department of ecology and environment of the people's government at or above the districted city level for the record on the basis of the seawater dynamic conditions and relevant provisions, and after scientific demonstration. The responsible entity of the sewage outlet shall strengthen the monitoring of the sewage outlet, and carry out monitoring and automatic monitoring in accordance with the regulations.

　　The competent department of ecology and environment shall, within 15 working days after the completion of the filing, notify the departments of natural resources, fisheries, and other departments of natural resources, fisheries, and the maritime administration, coast guard, and military ecological and environmental protection departments.

　　Local people's governments at or above the county level in coastal areas shall, on the basis of the types of sewage outlets and the responsible entities, organize relevant departments to carry out investigation, rectification and routine supervision and management of all types of sewage outlets entering the sea within their respective administrative areas, and establish and improve a system for the treatment of the whole chain of coastal water bodies, sewage outlets, sewage pipelines, and pollution sources.

　　The competent department of ecology and environment under the State Council is responsible for formulating specific measures for the establishment and management of sewage outlets into the sea, formulating technical specifications for sewage outlets, organizing the construction of a unified information platform for sewage outlets, and strengthening dynamic updates, information sharing and disclosure.

　　Article 48 It is forbidden to set up new industrial outlets and urban sewage treatment plant outlets in nature reserves, important fishery waters, bathing beaches, ecological protection redline areas, and other areas requiring special protection, except as otherwise provided by laws and administrative regulations.

　　In areas where conditions permit, deep water should be set up at the sewage outlet and discharged offshore.

　　Article 49: Where pollutants are discharged into the ocean through open ditches (canals), water environment quality management is to be carried out in accordance with relevant national and local regulations and standards.

　　Article 50: The relevant departments of the State Council and local people's governments at the county level or above and their relevant departments shall, in accordance with the provisions of the relevant laws and administrative regulations on the prevention and control of water pollution, strengthen the management of rivers entering the sea, and coordinate efforts to promote the prevention and control of pollution in rivers entering the sea, so that the water quality of estuaries meets the requirements related to the environmental quality of estuaries entering the sea.

　　The people's governments of provinces, autonomous regions and municipalities directly under the Central Government in river basins entering the sea shall, in accordance with the relevant provisions of the State, strengthen the control of total nitrogen and total phosphorus discharges into the sea, formulate control plans and organize their implementation.

　　Article 51 It is forbidden to discharge oil, acid, lye and highly toxic waste liquid into the sea.

　　It is forbidden to discharge radioactive wastewater into the sea that pollutes the marine environment and damages the marine ecology.

　　Strictly control the discharge of wastewater containing non-degradable organic matter and heavy metals into the sea.

　　Article 52: Medical sewage, domestic sewage, and industrial wastewater containing pathogens shall be treated and meet relevant national and local discharge standards before they can be discharged into the sea.

　　Article 53 The discharge of industrial wastewater and domestic sewage containing organic matter and nutrients into bays, semi-enclosed seas and other sea areas with poor self-purification capacity shall be strictly controlled.

　　Article 54: Effective measures shall be taken to ensure that the water temperature of adjacent nature reserves and fishery waters meets national and local marine environmental quality standards, and to avoid harm caused by thermal pollution to rare and endangered marine organisms and marine aquatic resources.

　　Article 55: People's governments at all levels in coastal areas shall strengthen the prevention and control of agricultural non-point source pollution. The application of chemical pesticides in coastal farmland and forest farms shall be subject to the national regulations and standards for the safe use of pesticides. Coastal farmland and forest farms shall make rational use of chemical fertilizers and plant growth regulators.

　　Article 56: The discarding, stacking, and disposal of tailings, slag, coal ash slag, garbage, and other solid wastes in coastal land areas shall be carried out in accordance with the relevant provisions of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes", and effective measures shall be taken to prevent solid wastes from entering the ocean.

　　It is forbidden to discard, pile up and dispose of solid wastes on the shore and beach, except as otherwise provided by laws and administrative regulations.

　　Article 57: Local people's governments at or above the county level along the coast are responsible for the prevention and control of marine garbage pollution in the sea areas under their management, establishing systems for monitoring and cleaning up marine garbage, making overall plans for the construction of facilities for receiving, transferring, and disposing of marine garbage in land areas, clarifying the areas for the control of marine garbage for relevant departments, townships, neighborhoods, enterprises, and public institutions, establishing systems for monitoring, intercepting, collecting, salvaging, transporting, and disposing of marine garbage, and organizing their implementation, and employing effective measures to encourage and support public participation in the activities described above. The State Council's departments for ecology and environment, housing and urban-rural construction, and development and reform shall, in accordance with their duties and division of labor, strengthen supervision, guidance, and safeguards for the prevention and control of marine garbage pollution.

　　Article 58 The transit transfer of hazardous wastes through the internal waters and territorial waters of the People's Republic of China is prohibited.

　　Where hazardous wastes are transferred through other sea areas under the jurisdiction of the People's Republic of China, the written consent of the competent department of ecology and environment under the State Council shall be obtained in advance.

　　Article 59 The local people's governments at or above the county level in coastal areas shall build and improve drainage pipe networks, build urban sewage treatment plants and other sewage treatment facilities in accordance with the needs of improving the quality of the marine environment, and strengthen the treatment of urban and rural sewage.

　　The construction of marine sewage disposal projects shall comply with relevant state provisions.

　　Article 60: The State shall take necessary measures to prevent, reduce, and control damage to the marine environment caused by or through the atmosphere.

Chapter V: Pollution Prevention and Control of Engineering Construction Projects

　　Article 61: New construction, reconstruction, and expansion projects shall comply with the State's provisions on environmental protection management of construction projects, and include the funds needed for pollution prevention and ecological protection in the construction project investment plan.

　　It is forbidden to illegally construct construction projects or engage in other activities that pollute the environment or damage the ecology in nature reserves, important fishery waters, and other areas that need special protection in accordance with law.

　　Article 62 An engineering construction project shall conduct an environmental impact assessment in accordance with the provisions of the State on environmental impact assessment of construction projects。 Construction projects that have not been carried out in accordance with the law and passed the environmental impact assessment shall not start construction.

　　Environmental protection facilities shall be designed, constructed, and put into operation at the same time as the main project. Environmental protection facilities shall comply with the requirements of the approved environmental impact assessment report (form). The construction unit shall, in accordance with the provisions of relevant laws and regulations, carry out acceptance of environmental protection facilities, prepare acceptance reports, and disclose them to the public. If the environmental protection facilities have not been accepted or the experience is not qualified, the construction project shall not be put into production or use.

　　Article 63 It is forbidden to construct new chemical pulp and paper, chemical industry, printing and dyeing, tanning, electroplating, brewing, oil refining, shore beach washing and ship dismantling, and other production projects that seriously pollute the marine environment in coastal land areas that do not conform to the national industrial policy.

　　Article 64: Effective measures shall be taken to protect wild animals and plants under national and local key protection and their living environment, to protect marine aquatic resources, and to avoid or mitigate the impact on marine life.

　　It is forbidden to mine sea sand within the strictly protected coastline. In the development and utilization of sea sand resources in other regions in accordance with the law, strict measures shall be taken to protect the marine environment. A certificate of legal origin shall be held for the transportation of sea sand resources, and a certificate of legal origin shall be provided for the vessel carrying sea sand.

　　Effective measures shall be taken to prevent pollution of the marine environment by drilling wells on shore to exploit seabed mineral resources.

　　Article 65 No materials containing radioactive substances exceeding the standard or substances that can easily dissolve toxic and harmful substances shall be used in engineering construction projects, shall not cause erosion, siltation or damage to the base points of the territorial sea and their surrounding environment, and shall not endanger the stability of the base points of the territorial sea.

　　Article 66 When blasting operations are required for engineering construction projects, effective measures shall be taken to protect the marine environment.

　　In the process of offshore oil exploration and development and oil transportation, effective measures shall be taken to avoid the occurrence of oil spill accidents.

　　Article 67 Engineering construction projects shall not illegally discharge pollutants, wastes and other harmful substances into the sea.

　　Oily sewage and oily mixtures of offshore oil and gas equipment such as offshore oil and gas drilling platforms (ships), production and living platforms, and production, storage and unloading devices shall be discharged after treatment meets the standards; residual oil and waste oil shall be recovered and shall not be discharged into the sea.

　　Oil-based muds and other toxic composite muds used in drilling shall not be discharged into the sea. The discharge of water-based mud and non-toxic composite mud and drill cuttings shall comply with relevant national regulations.

　　Article 68 Offshore oil and gas equipment such as offshore oil and gas drilling platforms (ships), production and living platforms, production, storage and unloading devices, and their related offshore facilities shall not dispose of oil-containing industrial solid wastes to the sea. The disposal of other solid wastes shall not cause pollution of the marine environment.

　　Article 69 During oil testing at sea, it shall be ensured that the oil and gas are fully combusted, and that the oil and oily mixtures shall not be discharged into the sea.

　　Article 70 In the exploration and development of offshore oil and gas resources, an emergency response plan for oil and gas pollution shall be prepared in accordance with relevant provisions and reported to the dispatched office of the competent department of ecology and environment under the State Council for the record。

Chapter VI Prevention and Control of Pollution from Waste Dumping

　　Article 71 No individual or unit without approval shall dump any waste into the waters under the jurisdiction of the People's Republic of China.

　　If it is necessary to dump waste, the unit that produces the waste shall submit a written application to the maritime dispatch agency of the competent department of ecology and environment under the State Council, and issue an inspection report on the characteristics and composition of the waste, and obtain a dumping permit before dumping.

　　The State encourages the comprehensive utilization of dredged materials and other wastes, and avoids or reduces marine dumping.

　　Waste outside the territory of the People's Republic of China is prohibited from being dumped in waters under the jurisdiction of the People's Republic of China.

　　Article 72: The competent department of ecology and environment under the State Council shall, on the basis of the toxicity of wastes, the content of toxic substances, and the degree of impact on the marine environment, formulate procedures and standards for the assessment of marine dumping wastes.

　　A list of wastes that may be dumped into the sea shall be formulated by the competent department of ecology and environment under the State Council.

　　Article 73: The competent department for ecology and the environment under the State Council, in conjunction with the competent department for natural resources under the State Council, is to draft a national plan for marine dumping areas, and solicit the opinions of the State Council's departments such as for transportation and fisheries and the coast guard, and report to the State Council for approval.

　　The competent department of ecology and environment under the State Council shall, on the basis of the national plan for marine dumping areas, promptly select and designate marine dumping areas in accordance with the principles of science, rationality, economy, and safety, solicit the opinions of the State Council's departments of transportation, fisheries, and coast guard, and make an announcement to the public.

　　Article 74: The competent department for ecology and environment under the State Council shall organize and carry out assessments of the use of marine dumping areas, and shall adjust, suspend use, or close marine dumping areas on the basis of the assessment results.

　　The adjustment, suspension of use, and closure of marine dumping areas shall be reported to the relevant departments of the State Council and the coast guard and announced to the public.

　　Article 75: Units that have been approved and implemented for dumping waste shall, in accordance with the time limit and conditions indicated in the permit, go to the designated area for dumping. Vehicles such as dumping vessels shall be installed and used to meet the requirements of online monitoring equipment for marine dumping, and shall be networked with the supervision system of the competent department of ecology and environment under the State Council.

　　Article 76: Units that have been approved to dump wastes shall, in accordance with regulations, report the dumping situation to the maritime dispatch agency of the competent department of ecology and environment under the State Council that issued the permit. Ships dumping waste shall report to the maritime safety administration and coast guard agency leaving the port.

　　Article 77 The incineration of wastes at sea is prohibited.

　　It is forbidden to dispose of radioactive wastes or other radioactive materials that pollute the marine environment or damage the marine ecology at sea.

　　Article 78: Where a unit that is permitted to dump waste entrusts the implementation of marine dumping of waste, it shall verify the entity qualifications, technical capacity and credit status of the entrusted unit, sign a written contract in accordance with law, stipulate the requirements for pollution prevention and ecological protection in the contract, and supervise the implementation.

　　The entrusted unit shall perform the requirements of pollution prevention and ecological protection in accordance with the provisions of relevant laws and regulations and the provisions of the contract.

　　Units that are allowed to dump wastes in violation of the provisions of the first paragraph of this article shall, in addition to being punished in accordance with the provisions of relevant laws and regulations, also bear joint and several liability with the entrusted units that cause environmental pollution and ecological damage.

Chapter VII Pollution Prevention and Control of Ships and Related Operational Activities

　　Article 79 In the waters under the jurisdiction of the People's Republic of China, no ship or related operation shall illegally discharge pollutants such as ship garbage, domestic sewage, oily sewage, sewage containing toxic and harmful substances, exhaust gas, waste, ballast water, sediment and other harmful substances into the sea.

　　Ships shall, in accordance with relevant national regulations, take effective measures to treat and dispose of ballast water and sediments, and strictly prevent and control the introduction of alien harmful organisms.

　　Those engaged in the reception of pollutants and waste from ships and the cleaning and cleaning of ships shall have the corresponding capacity to receive and deal with them.

　　Article 80 Ships shall be equipped with appropriate anti-fouling equipment and equipment.

　　The structure of the ship and the anti-fouling equipment and equipment equipped with it shall comply with the relevant provisions of the State on the prevention and control of pollution of the marine environment by ships, and shall be inspected and qualified.

　　Ships shall obtain and hold certificates and documents for the prevention and control of marine environmental pollution, and shall monitor and monitor in accordance with relevant provisions when carrying out and operating pollutants, ballast water and sediments from ships, and truthfully record and keep them.

　　Article 81 Ships shall abide by the provisions of laws and regulations on maritime traffic safety to prevent marine accidents caused by collisions, agrounds, groundings, fires or explosions, etc., resulting in pollution of the marine environment.

　　Article 82 The State shall improve and implement the system of civil liability for compensation for oil pollution damage caused by ships, and shall improve and implement the system of insurance and compensation fund for oil pollution damage from ships in accordance with the principle that the liability for compensation for oil pollution damage from ships shall be borne by the shipowner and the cargo owner, and the specific measures shall be formulated by the State Council.

　　Article 83 The carrier, cargo owner or agent of a ship carrying polluting hazard goods into or out of a port shall make a declaration to the MSA in advance. After approval, it can enter and exit the port or load and unload operations.

　　Article 84 Where a ship is delivered to carry polluting cargo, the shipper shall truthfully inform the carrier of the official name of the cargo, the pollution hazard and the protective measures to be taken. The documents, packaging, markings, quantity restrictions, etc. of polluting hazardous goods shall comply with the relevant provisions on the delivered goods.

　　Where it is necessary for a ship to carry goods with unknown pollution hazards, an assessment shall be conducted in advance in accordance with relevant provisions.

　　For the loading and unloading of oil and toxic and harmful cargo, both the ship and the shore shall abide by the safety and anti-fouling operation procedures.

　　Article 85: Local people's governments at or above the county level where ports, wharves, loading and unloading stations, and ship repair and dismantling units are located shall make overall plans for the construction of facilities for receiving, transferring, handling, and disposing of pollutants from ships, and establish a corresponding multi-departmental joint supervision and control system for receiving, transshipment, handling, and disposing of pollutants.

　　The local people's governments at or above the county level in the coastal areas shall be responsible for the supervision and management of pollution prevention and control in fishing ports and fishing vessel mooring points and surrounding areas in the sea areas under their management, standardize the recycling and disposal of production and domestic sewage and fishery garbage, and promote the construction of pollution prevention and control equipment and environmental clean-up and remediation.

　　Ports, wharves, loading and unloading stations, and ship repair and dismantling units shall, in accordance with relevant provisions, be equipped with sufficient receiving facilities for the treatment of pollutants and wastes from ships, so that the facilities are in good condition and operate effectively.

　　Ports, wharves, loading and unloading stations and ships loading and unloading oil and other polluting hazardous goods shall prepare pollution emergency plans and be equipped with corresponding pollution emergency equipment and equipment.

　　Article 86 The State Maritime Safety Administration shall organize the formulation of a list of hazardous materials that are prohibited or restricted from being installed or used by Chinese ships.

　　The ship repair unit or the owner, operator or manager of the ship shall keep a list of hazardous materials on board, which shall be continuously updated during the construction, operation and repair of the ship, and shall be provided to the unit engaged in the dismantling of the ship before the dismantling of the ship.

　　Article 87 Units engaged in ship dismantling shall take effective pollution prevention and control measures, reduce ship pollutants to a minimum before ship dismantling, and dispose of ship pollutants, wastes and other harmful substances produced by ship dismantling in a safe and environmentally sound manner. Dismantled ship parts are not allowed to enter the water body.

　　It is forbidden to use beaching to dismantle ships.

　　Article 88 The State advocates green, low-carbon and intelligent shipping, encourages ships to use new or clean energy, eliminates old ships with high energy consumption and high emissions, and reduces emissions of greenhouse gases and air pollutants。 The local people's governments at or above the county level along the coast shall formulate plans for the construction and renovation of facilities such as shore power in ports and power receiving from ships, and organize their implementation. The power supply capacity of port shore power facilities shall be commensurate with the electricity demand of ships calling at port。

　　Ships shall take effective measures to improve energy efficiency in accordance with relevant national regulations. Ships that meet the conditions for the use of shore power shall use shore power in accordance with relevant national regulations, except for those using clean energy. Port operators and shore power supply enterprises with shore power supply capacity shall, in accordance with relevant national regulations, provide shore power to ships that have the conditions for the use of shore power。

　　The State Council and local people's governments at or above the county level in coastal areas shall provide support for the renovation and use of shore power facilities in ports and ship power receiving facilities, and the construction of clean energy or new energy powered ships in accordance with regulations.

　　Article 89 Ships and related operations shall comply with relevant laws, regulations and standards, and take effective measures to prevent pollution of the marine environment. The maritime safety administration shall strengthen the supervision and management of ships and related operational activities.

　　Ships carrying out the barge operation of hazardous goods polluted by bulk liquids shall prepare an operation plan, adopt effective safety and pollution prevention and control measures, and report for approval in advance in accordance with relevant regulations.

　　Article 90 Where a shipwreck accident causes or is likely to cause major pollution damage to the marine environment, the State Maritime Safety Administration shall have the right to compel the adoption of measures to avoid or reduce the pollution damage.

　　The State Maritime Safety Administration has the right to take necessary measures commensurate with the actual or possible damage to ships and offshore installations that cause major pollution damage or threats of pollution in waters under the jurisdiction of the People's Republic of China due to a shipwreck accident on the high seas.

　　Article 91: All ships have the obligation to monitor marine pollution, and when they discover marine pollution incidents or violations of the provisions of this Law, they shall immediately report to the nearest department or agency exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law.

　　When a civil aircraft discovers an incident of marine discharge or pollution, it shall promptly report it to the nearest civil aviation air traffic control unit. Units that receive the report shall immediately notify the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law.

　　Article 92 The competent department of transportation under the State Council may designate areas for the discharge of pollutants from ships. Ships entering the control area shall comply with the relevant control requirements for the discharge of pollutants from ships.

Chapter VIII: Legal Responsibility

　　Article 93 Where any of the following acts are committed in violation of the provisions of this Law, the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall order corrections or order it to take measures such as restricting production, suspending production for rectification, etc., and shall also impose a fine; where the circumstances are serious, it shall be reported to the people's government with the power to approve for approval and ordered to suspend business or close down:

　　(1) discharging pollutants or other substances prohibited by this Law into the sea area;

　　(2) Discharging pollutants without obtaining a pollutant discharge permit in accordance with law;

　　(3) Discharging pollutants in excess of standards or total volume control targets;

　　(4) Illegally discharging pollutants into the ocean through methods such as privately setting up hidden pipes, tampering with or falsifying monitoring data, or not operating pollution prevention and control facilities normally, or otherwise evading supervision;

　　(5) Violating the provisions of this Law on the discharge and management of ships' ballast water and sediments;

　　(6) Other pollutants or wastes that are not directed to the ocean in accordance with these Regulations.

　　where any of the conduct in items (1) or (2) of the preceding paragraph is committed, a fine of between 200,000 and 1,000,000 RMB is to be given; where there is conduct in item (3) of the preceding paragraph, a fine of between 100,000 and 1,000,000 RMB is to be given; where there is conduct in item (4) of the preceding paragraph, a fine of between 100,000 and 1,000,000 RMB is to be given, and where the circumstances are serious, the pollutant discharge permit is revoked; Where there is any of the conduct in items (5) or (6) of the preceding paragraph, a fine of between 10,000 and 200,000 RMB is to be given. Individuals who discard, pile up and dispose of domestic garbage on the shore and beach without authorization shall be fined not less than 100 yuan but not more than 1,000 yuan per time.

　　Article 94 Any of the following acts in violation of the provisions of this Law shall be ordered to make corrections and imposed a fine by the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law:

　　(1) Failing to disclose pollutant discharge information in accordance with law or committing fraud;

　　(2) Failure to report or report incidents of marine environmental pollution or ecological damage caused or likely to be caused by accidents or other emergencies in accordance with provisions;

　　(3) Failing to formulate emergency response plans in accordance with relevant provisions and filing them, or failing to allocate emergency equipment or equipment in accordance with relevant provisions;

　　(4) Failing to immediately take effective measures or escaping due to the occurrence of an accident or other sudden incident that causes or may cause pollution of the marine environment or ecological damage;

　　(5) Failure to take necessary countermeasures, causing the harm of marine ecological disasters to expand.

　　where there is conduct in item (1) of the preceding paragraph, a fine of between 20,000 and 200,000 RMB is to be given, and where corrections are refused, it is to be ordered to restrict production or suspend production for rectification; where there is conduct in item (2) of the preceding paragraph, a fine of between 50,000 and 500,000 RMB is to be given, and the directly responsible managers and other directly responsible personnel are to be fined between 10,000 and 100,000 RMB, and relevant qualifications may be temporarily withheld or revoked; where there is conduct in item (3) of the preceding paragraph, a fine of between 20,000 and 200,000 RMB is to be given; Where any of the conduct in items (4) or (5) of the preceding paragraph is committed, a fine of between 200,000 and 2,000,000 RMB is to be given.

　　Article 95 Whoever violates the provisions of this Law by refusing or obstructing investigations and on-site inspections, or by committing fraud during inspections, shall be ordered to make corrections by the department or institution exercising the power of supervision and management of the marine environment in accordance with the provisions of this Law and shall be fined not less than 50,000 yuan but not more than 200,000 yuan; The directly responsible managers and other directly responsible personnel are to be fined between 20,000 and 100,000 RMB.

　　Article 96: Where the provisions of this Law are violated by causing damage to coral reefs and other marine ecosystems or nature reserves, the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall order corrections and take remedial measures, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan per square meter.

　　Article 97 Any of the following acts in violation of the provisions of this Law shall be ordered to make corrections and imposed a fine by the department or institution exercising the power of marine environmental supervision and management in accordance with the provisions of this Law:

　　(1) Occupying or damaging natural coastlines;

　　(2) Mining sea sand within the scope of strict protection of the coastline;

　　(3) Violating other provisions of this Law on sea sand and mineral resources.

　　where there is any conduct in the first paragraph of the preceding paragraph, a fine of between 500 and 10,000 yuan per meter is to be imposed; where there is any conduct in item (2) of the preceding paragraph, a fine of between 2 and 20 times the value of the goods is to be given, and where the value of the goods is less than 100,000 yuan, a fine of between 200,000 and 2 million yuan is to be given; where there is conduct in item (3) of the preceding paragraph, a fine of between 50,000 and 500,000 RMB is to be given.

　　Article 98 Where any of the following acts are committed in violation of the provisions of this Law, the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall order corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; where the circumstances are serious, it shall be reported to the people's government with the power to approve for approval and ordered to suspend business or close down:

　　(1) Violating the provisions of prohibited or restricted areas;

　　(B) in violation of the scale of breeding, breeding density provisions;

　　(3) Violating provisions on the use of bait, fertilizer, or drugs;

　　(D) not in accordance with the relevant provisions of the aquaculture tailwater self-monitoring.

　　Article 99 Where a sewage outlet into the sea is set up in violation of the provisions of this Law, the competent department of ecology and environment shall order it to be closed or dismantled, and shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; where they refuse to close down or dismantle, they shall be compulsorily closed or dismantled, and the required expenses shall be borne by the offender, and a fine of between 100,000 and 500,000 RMB shall be imposed; where the circumstances are serious, a production suspension may be ordered for rectification.

　　Whoever violates the provisions of this Law by setting up a sewage outlet into the sea without filing for the record, the competent department of ecology and environment shall order corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

　　Where the provisions of this Law are violated by failing to carry out monitoring and automatic monitoring in accordance with the provisions of the sewage outlets, the competent department of ecology and environment shall order corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; and where corrections are refused, they may be ordered to stop production for rectification.

　　Where departments such as for natural resources and fisheries, as well as maritime safety administrations, coast guard bodies, and military departments for ecology and environmental protection, discover any of the illegal acts described in the preceding three paragraphs, they shall notify the competent departments for ecology and the environment.

　　Article 100 Whoever, in violation of the provisions of this Law, transfers hazardous wastes through the waters under the jurisdiction of the People's Republic of China, shall be ordered by the State Maritime Safety Administration to order the vessels illegally transporting the hazardous wastes to withdraw from the waters under the jurisdiction of the People's Republic of China and impose a fine of not less than 500,000 yuan but not more than 5 million yuan.

　　Article 101 Where the provisions of this Law are violated by the construction unit failing to implement the relevant requirements of the construction project investment plan, the competent department of ecology and environment shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; and where corrections are refused, a fine of between 200,000 and 1,000,000 RMB is to be given.

　　If the construction unit violates the provisions of this Law by failing to submit for approval or re-examination of the environmental impact report (form) in accordance with the law, and starts construction without authorization, the competent department of ecology and environment or the coast guard shall order it to stop the construction, and impose a fine of not less than 1% but not more than 5% of the total investment amount of the construction project according to the circumstances and harmful consequences of the violation, and may order it to restore the original state; The person in charge and other persons directly responsible for the construction unit shall be punished in accordance with law. If the construction unit fails to file the environmental impact registration form in accordance with the law, the competent department of ecology and environment shall order it to file and impose a fine of less than 50,000 yuan.

　　Article 102 Where the provisions of this Law are violated by constructing engineering construction projects or engaging in other activities that pollute the environment or damage the ecology in nature reserves, important fishery waters or other areas in need of special protection that are demarcated in accordance with law, or build new production projects that do not conform to the national industrial policy in coastal land areas, the people's governments at or above the county level shall order them to close down in accordance with their administrative authority.

　　Where production and construction activities are carried out in violation of the ecological environment access list, the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall order the illegal act to be stopped, dismantled and restored to its original state within a time limit, and the necessary expenses shall be borne by the violator, and a fine of between 500,000 and 5,000,000 RMB shall be imposed, and a fine of between 50,000 and 100,000 RMB shall be imposed on the directly responsible managers and other directly responsible personnel; and where the circumstances are serious, it shall be reported to the people's government with the power to approve and ordered to be closed.

　　Article 103: Where the provisions of this Law are violated by environmental protection facilities that are not designed, constructed, or put into operation at the same time as the main project, or where environmental protection facilities are put into production or use without being completed, meeting the prescribed requirements, or being accepted or unqualified, the competent department for ecology and environment or the coast guard is to order corrections and give a fine of between 200,000 and 1,000,000 RMB; where corrections are refused, a fine of between 1,000,000 and 2,000,000 RMB is to be given; the directly responsible managers and other responsible personnel are to be fined between 50,000 and 200,000 RMB; and where major environmental pollution or ecological damage is caused, it shall be ordered to stop production or use, or it shall be ordered to close down upon approval by the people's government with the right to approve.

　　Article 104 Where a construction project commits any of the following acts in violation of the provisions of this Law, the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law shall order it to stop the illegal act and eliminate the harm, and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan; where the circumstances are serious, it shall be reported to the people's government with the power to approve for approval and ordered to suspend business or close down:

　　(1) Using materials containing radioactive substances that exceed the standard or that can easily dissolve toxic and harmful substances;

　　(2) Causing erosion, siltation, or damage to the base points of the territorial sea and their surrounding environment, or endangering the stability of the base points of the territorial sea.

　　Article 105 Whoever conducts offshore oil and gas exploration and development activities in violation of the provisions of this Law, causing pollution of the marine environment, shall be ordered to make corrections, given a warning, and imposed a fine of not less than 200,000 yuan but not more than 1,000,000 yuan.

　　Article 106 Where any of the following acts are committed in violation of the provisions of this Law, the competent department of ecology and environment under the State Council and its maritime dispatching agencies, maritime affairs administrations or coast guard bodies shall order corrections, impose fines, and, when necessary, may arrest vessels; where the circumstances are serious, it shall be reported to the people's government with the power to approve for approval and ordered to suspend business or close down:

　　(1) The ship dumping the waste sails out of the port and fails to report;

　　(2) Dumping waste into the sea without obtaining a dumping permit;

　　(3) Burning waste or disposing of radioactive waste or other radioactive materials at sea.

　　Where there is any conduct in item (1) of the preceding paragraph, the owner, operator, or manager of the illegal vessel is to be fined between 3,000 and 30,000 RMB, and the captain, responsible crew, or other responsible personnel are to be fined between 500 and 5,000 RMB; where there is conduct in item (2) of the preceding paragraph, a fine of between 200,000 and 2,000,000 RMB is to be given; where there is conduct in item (3) of the preceding paragraph, a fine of between 500,000 and 5,000,000 RMB is to be given. Where there is any of the acts in items (2) or (3) of the preceding paragraph, and an administrative punishment is received three or more times within two years, they must not engage in marine dumping activities of waste for three years.

　　Article 107 Where any of the following acts are committed in violation of the provisions of this Law, the competent department of ecology and environment under the State Council and its dispatched agencies in maritime areas, maritime safety administrations or coast guard bodies shall order corrections, impose fines, suspend or revoke dumping permits, and, when necessary, may seize vessels; where the circumstances are serious, it shall be reported to the people's government with the power to approve for approval and ordered to suspend business or close down:

　　(1) Failure to report dumping in accordance with national regulations;

　　(2) Failing to install and use online monitoring equipment for marine dumping in accordance with national regulations;

　　(3) The unit that is approved to dump waste fails to entrust the implementation of marine dumping of waste in accordance with the provisions of this Law, or fails to supervise the implementation in accordance with the provisions of this Law;

　　(4) Dumping waste in accordance with the provisions of the dumping permit.

　　Those who have the conduct in item (1) of the preceding paragraph are to be fined between 5,000 and 20,000 yuan on a case-by-case basis; those who have the conduct in item (2) of the preceding paragraph are to be fined between 20,000 and 200,000 yuan; those who have the conduct in item (3) of the preceding paragraph are to be fined between 30,000 and 300,000 yuan; those who have the conduct in item (4) of the preceding paragraph are to be fined between 200,000 and 1,000,000 yuan, and those who have had their dumping permits revoked must not engage in marine dumping activities of debris for three years.

　　Where a dumping permit is obtained by providing false application materials, deception, bribery or other improper means, the competent department of ecology and environment under the State Council and its maritime area dispatched agency shall revoke the dumping permit in accordance with law and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan;

　　Article 108: Whoever, in violation of the provisions of this Law, transports waste from outside the territory of the People's Republic of China into the waters under the jurisdiction of the People's Republic of China and dumps it, the coast guard shall order it to make corrections and impose a fine of not less than 500,000 yuan but not more than 5,000,000 yuan on the basis of the harmful consequences caused or likely to be caused.

　　Article 109 Any person who commits any of the following acts in violation of the provisions of this Law shall be ordered to make corrections and imposed a fine by the department or institution exercising the power of supervision and management of the marine environment in accordance with the provisions of this Law:

　　(1) Ports, wharves, loading and unloading stations, or ship repair and dismantling units fail to equip or effectively operate facilities for receiving pollutants or wastes from ships in accordance with regulations, or the structure of the ship or the anti-fouling equipment and equipment equipped with it do not comply with national anti-fouling regulations or have not passed the inspection;

　　(2) Engaging in the reception of pollutants and waste from ships and the cleaning and cleaning of ships, and do not have the corresponding capacity to receive and deal with them;

　　(3) Engaging in ship dismantling, old ship refit, salvage, or other above- or underwater-based construction operations, causing damage to marine environmental pollution;

　　(4) Carrying out ship dismantling operations by means of beaching.

　　Where there is any of the conduct in items (1) or (2) of the preceding paragraph, a fine of between 20,000 and 300,000 RMB is to be given, where there is conduct in item (3) of the preceding paragraph, a fine of between 50,000 and 200,000 RMB is to be given, and where there is conduct in item (4) of the preceding paragraph, a fine of between 100,000 and 1,000,000 RMB is to be given.

　　Article 110 Any of the following acts in violation of the provisions of this Law shall be ordered to make corrections and imposed a fine by the department or institution exercising the power of marine environmental supervision and management in accordance with the provisions of this Law:

　　(1) Failing to keep a list of hazardous materials on board, failing to continuously update the list of hazardous materials during the construction, operation and maintenance of the ship, or failing to provide the list of hazardous materials to the unit engaged in ship dismantling before the ship is dismantled;

　　(2) The ship does not hold an anti-pollution certificate or anti-pollution document, or fails to monitor and monitor in accordance with regulations, and truthfully records and keeps records of the discharge and operation of pollutants, ballast water and sediments from the ship;

　　(3) The measures taken by the ship to improve the level of energy efficiency do not meet the relevant provisions;

　　(4) The vessel entering the control area does not meet the relevant control requirements for the discharge of pollutants from ships;

　　(5) Port operators and shore power supply enterprises with shore power supply capacity fail to provide shore power to ships with shore power use conditions in accordance with national regulations;

　　(6) Ships that have the conditions for the use of shore power call at the port and do not use shore power in accordance with national regulations.

　　Where there is conduct in item (1) of the preceding paragraph, a fine of up to 20,000 yuan is to be given; where there is conduct in item (2) of the preceding paragraph, a fine of between 100,000 and 100,000 yuan is to be given; where there is conduct in item (3) of the preceding paragraph, a fine of between 30,000 and 300,000 yuan is to be given; where there is any of the conduct in items (5) or (6) of the preceding paragraph, a fine of between 10,000 and 100,000 yuan is to be given, and where the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be given.

　　Article 111 Any of the following acts in violation of the provisions of this Law shall be ordered to make corrections and imposed a fine by the department or institution exercising the power of supervision and management of the marine environment in accordance with the provisions of this Law:

　　(1) Refusing to report or falsely reporting the declaration of polluting and hazardous goods carried by ships;

　　(2) The shipper fails to truthfully inform the carrier of the official name of the consignment of the polluting goods, the pollution hazard and the protective measures that should be taken;

　　(3) The documents, packaging, markings, and quantity restrictions of the polluting and hazardous goods delivered by the shipper to the carrier do not comply with the relevant provisions on the delivered goods;

　　(4) The shipper entrains polluting hazardous goods in the consignment of ordinary cargo, or falsely declares the polluting hazardous goods as ordinary cargo;

　　(5) Where it is necessary for a ship to carry goods with unknown pollution hazards, and the assessment is not carried out in advance in accordance with relevant provisions.

　　Where there is any conduct in item (1) of the preceding paragraph, a fine of between 50,000 and 50,000 RMB is to be given, where there is conduct in item (2) of the preceding paragraph, a fine of between 50,000 and 100,000 RMB is to be given, and where there is conduct in items (3) or (5) of the preceding paragraph, a fine of between 100,000 and 100,000 RMB is to be given.

　　Article 112 Where the provisions of this Law are violated by any of the following acts, the department or institution exercising the power of supervision and management of the marine environment in accordance with the provisions of this Law shall order corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:

　　(1) Ships carrying polluting and hazardous goods enter or leave ports or load and unload without permission;

　　(2) In the operation of loading and unloading oil and toxic and harmful goods, both the ship and the shore fail to comply with the safety and anti-pollution operation procedures;

　　(3) The ship carries out the barge operation of hazardous goods polluted by bulk liquids, and fails to prepare an operation plan or fails to report for approval in accordance with relevant regulations.

　　Article 113: Where enterprises, public institutions, and other producers and operators discharge, dump, or dispose of pollutants, wastes, or other substances in targeted sea areas in violation of these Regulations, and are fined and punished, and are ordered to make corrections, the department or institution that made the punishment decision in accordance with law shall organize a review, and where it is discovered that they continue to carry out the illegal conduct or refuse or obstruct the review, they shall be punished continuously on a daily basis in accordance with the provisions of the "Environmental Protection Law of the People's Republic of China".

　　Article 114: Those who pollute the marine environment, damage the marine ecology, and cause harm to others shall bear civil liability in accordance with the provisions of the Civil Code of the People's Republic of China and other laws.

　　Where the marine environment is polluted, the marine ecology is damaged, and major losses are caused to the state, the department exercising the power of marine environmental supervision and management in accordance with the provisions of this Law shall submit a claim for compensation for damages on behalf of the state against the responsible person.

　　Where the departments provided for in the preceding paragraph do not initiate litigation, the people's procuratorate may initiate litigation in the people's courts. Where the departments provided for in the preceding paragraph initiate litigation, the people's procuratorate may support the prosecution.

　　Article 115 Units that violate the provisions of this Law and cause accidents of pollution or ecological damage to the marine environment shall, in addition to being liable for compensation in accordance with law, be fined by the department or institution exercising the right to supervise and manage the marine environment in accordance with the provisions of this Law; the directly responsible managers and other directly responsible personnel may be fined not more than 50 percent of the income obtained from their units in the previous year; and the directly responsible managers and other directly responsible personnel who are public employees shall be punished according to law.

　　A fine shall be calculated at 20 percent of the direct losses for accidents that cause general or relatively large marine environmental pollution or ecological damage, and 30 percent of the direct losses shall be calculated for major or extraordinarily large marine environmental pollution or ecological damage accidents.

　　Article 116: Where pollution damage to the marine environment cannot be avoided after reasonable measures are taken in a timely manner, the person responsible for the pollution damage is exempted from liability:

　　(1) war;

　　(2) irresistible natural disasters;

　　(3) The competent department responsible for lighthouses or other navigational aids is negligent or otherwise negligent in the performance of its duties.

　　Article 117 Anyone who fails to pay a dumping fee in accordance with the provisions of this Law shall be ordered to pay it within a time limit by the competent department of ecology and environment under the State Council and its dispatched agency in the maritime area;

　　Article 118: Where marine environmental supervision and management personnel abuse their powers, derelict their duties, or twist the law for personal gain, causing damage to marine environmental pollution or ecological damage, they shall be given sanctions in accordance with law.

　　Article 119 Where a violation of the provisions of this Law constitutes a violation of the administration of public security, a public security administrative sanction shall be given in accordance with law;

Chapter IX: Supplementary Provisions

　　Article 120: The following terms in this Law have the following meanings:

　　(1) "Marine environmental pollution damage" refers to the direct or indirect introduction of substances or energy into the marine environment, resulting in harmful effects such as harming marine living resources, endangering human health, obstructing fisheries and other lawful activities at sea, harming the quality of seawater use, and detracting from the quality of the environment.

　　(2) "Internal waters" refers to all sea areas on the inland side of the baseline of China's territorial sea.

　　(3) "Coastal land area" refers to the area connected to the coast, or directly or indirectly discharged pollutants into the sea and related activities through pipelines, ditches and facilities.

　　(4) Coastal wetlands refer to waters with a water depth of no more than six meters at low tide and their coastal wetlands, including permanent waters, intertidal zones (or floodplains) and coastal lowlands with a water depth of no more than six meters, except for artificial waters and tidal flats used for aquaculture.

　　(5) Land-based sources of pollution (hereinafter referred to as land-based sources) refer to sites, facilities, and so forth that discharge pollutants from land to the sea, causing or likely to cause pollution of the marine environment.

　　(6) "Land-based pollutants" refers to pollutants discharged from land-based pollution sources.

　　(7) "Dumping" refers to the act of disposing of waste and other hazardous substances into the sea through ships, aircraft, platforms or other means of transport, including the act of abandoning ships, aircraft, platforms and their auxiliary facilities and other floating vehicles.

　　(8) Coastline refers to the trace line of the boundary between sea and land at the average high tide level of high tides for many years, and the results of coastline repair and survey organized by the state shall prevail.

　　(9) The estuary refers to the section where the terminal of the river is combined with the receiving body (sea).

　　(10) "Marine ecological disaster" refers to the explosive proliferation or high aggregation of one or more marine organisms due to changes in the natural environment or human factors, causing damage to the structure and function of marine ecosystems.

　　(11) Fishery waters refer to the spawning grounds, feeding grounds, wintering grounds, migratory passages of fish, shrimp, crabs, shellfish, algae and other aquatic animals and plants.

　　(12) "Discharge" refers to the act of discharging pollutants into the ocean, including pumping, overflowing, discharge, ejection and dumping.

　　(13) "Oil" refers to any type of oil and its refined products.

　　(14) "Sewage outlets" refers to the outlets that discharge sewage directly or through pipelines, ditches, canals and other sewage discharge channels into marine environmental water bodies, including industrial outlets, urban sewage treatment plant outlets, agricultural outlets and other outlets.

　　(15) "Oily mixture" means any mixture containing oil.

　　(16) "Offshore incineration" refers to the deliberate incineration of wastes or other substances on offshore incineration facilities for the purpose of thermal destruction, except for acts incidental to the normal operation of ships, platforms or other artificial structures.

　　Article 121: Where this Law does not provide for the specific division of powers and powers of the relevant departments involved in the supervision and management of the marine environment, the State Council shall provide for them.

　　The duties of the departments of the coastal people's governments at or above the county level exercising the power of supervision and management of the marine environment shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with this Law and the relevant provisions of the State Council.

　　Article 122 Measures for the management of the protection of the environment of military vessels and military seas shall be formulated by the State Council and the Central Military Commission in accordance with this Law.

　　Article 123 Where the provisions of the international treaties on the protection of the marine environment concluded or acceded to by the People's Republic of China are different from those of this Law, the provisions of the international treaties shall apply;

　　Article 124:This Law takes effect on January 1, 2024.

Region：China

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