Decision No. 04/2002/QD-BTS On Issuing the Environmental Management Regulations for Concentrated Shrimp Farming Areas

DECISION OF THE MINISTER OF AQUATIC RESOURCES

Regarding the issuance of the Environmental Management Regulations for Concentrated Shrimp Farming Areas

MINISTER OF AQUATIC RESOURCES

On the basis of Decree No. 50/CP dated June 21, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Fisheries;

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

Pursuant to the Government Decree No. 86/2001/NĐ-CP dated November 16, 2001 on business conditions for fisheries industries;

Pursuant to the Government Decree No. 175/CP dated October 18, 1994 guiding the implementation of the Law on Environmental Protection;

Considering the proposals of the Heads of the Science and Technology Department and the Fisheries Resource Protection Bureau;

DECISION:

Article 1. The attached Decision hereby promulgates the Environmental Management Regulations for Concentrated Shrimp Farming Areas.

Article 2. This Decision takes effect 15 days after the date of signing. All previous provisions contrary to this Decision are abolished.

The Heads of the Office, the Science and Technology Department, the Fisheries Resource Protection Bureau, the Directors of Fisheries Departments and Departments of Agriculture and Rural Development with fisheries management responsibilities, the Directors of the Fisheries Research Institutes I, II, and III, and the Heads of related units shall be responsible for implementing this Decision./.

REGULATIONS

ENVIRONMENTAL MANAGEMENT REGULATIONS FOR CONCENTRATED SHRIMP FARMING AREAS

(Issued together with Decision No. 04/2002/QĐ-BTS

dated January 24, 2002 of the Minister of Aquatic Resources)

PART I

GENERAL PROVISIONS

Article 1. These regulations stipulate the content of environmental management in concentrated shrimp farming areas with the aim of sustainable shrimp farming development.

Article 2. Objectives and scope of application:

1. Organizations and individuals engaged in shrimp farming in concentrated shrimp farming areas throughout the country (hereinafter referred to as the facility);

2. Relevant research and management agencies.

Article 3. In this Regulation, the following terms shall be understood as follows:

1. A concentrated shrimp farming area is an area of shrimp farming on a land area of 30 hectares or more (regardless of administrative boundaries), with a common water source; shrimp are farmed using intensive and semi-intensive methods;

2. The water treatment system includes: settling ponds to contain and clean the water before it enters the farming ponds; wastewater retention ponds to treat and reduce pollution in the effluent before discharging it into the surrounding environment;

3. Waste from shrimp farming activities includes solid waste and liquid waste such as leftover feed, shrimp excrement, dead shrimp, residues of various drugs and chemicals used for disease prevention in shrimp, biological preparations, and other pond water treatment chemicals, and effluent from the farming ponds;

4. Environmental management in concentrated shrimp farming areas involves controlling shrimp farming activities from site selection for pond construction, pond renovation, water treatment, seedling release, care, disease prevention, to harvest of marketable shrimp.

PART II

PROVISIONS ON ENVIRONMENTAL MANAGEMENT IN

CONCENTRATED SHRIMP FARMING AREAS

Article 4. Investment projects for shrimp farming must comply with the provisions of Circular No. 490/1998/TT-BKHCNMT dated April 29, 1998 of the Ministry of Science and Technology and Environment guiding the review of environmental impact assessment reports for investment projects;

Article 5. Construction of shrimp farming ponds must meet the following requirements:

1. Site selection: Avoid industrial, agricultural, and domestic waste sources from densely populated areas (where chemical and organic substance levels exceed permissible limits);

2. The water for shrimp farming must meet the standards set out in Circular No. 01/2000/TT-BTS dated April 28, 2000 of the Ministry of Fisheries amending and supplementing Circular No. 04/TS-TT dated August 30, 1990 (Annex 1, Table 1a regarding the permissible concentration limits for pollutants in seawater and coastal aquaculture areas); Soil quality must be suitable for shrimp farming ponds;

3. Ensure infrastructure conditions: electricity, transportation, water supply and drainage systems, water treatment systems; areas for sediment storage resulting from pond dredging and renovation.

4. The area of settling ponds and wastewater treatment ponds must be proportionate to the farming ponds.

Article 6. Provisions for shrimp farming activities:

1. Shrimp seedlings must be acclimatized and tested for diseases (viruses, bacteria, and parasites...) before being introduced into the farming area. The quality of shrimp seedlings must meet industry standards (28 TCN 124: 1998 for P15 whiteleg shrimp seedlings; 28 TCN 96: 1996 for whiteleg shrimp seedlings from P25 to P30).

2. During the farming period, if shrimp show signs of disease, the facility must not discharge pond water into the surrounding environment; they must report to the competent authority in their locality to find ways to address the issue and strictly follow the authority's instructions for disease control.

3. Minimize the use of veterinary drugs, chemicals, and biological preparations in shrimp farming; the use of these substances must be carried out strictly according to the manufacturer's guidelines and professional agencies; absolutely no use of veterinary drugs, chemicals, and biological preparations prohibited by the Ministry of Fisheries.

4. Wastewater from shrimp farming activities discharged into the environment must meet national standards.

5. Cease the use of antibiotics for marketable shrimp four weeks prior to harvest.

CHAPTER III

RESPONSIBILITIES OF GOVERNMENT AGENCIES AND FACILITIES

Article 7. Responsibilities of the Science and Technology Department:

1. Supervise the implementation of these regulations;

2. Advise the Ministry on establishing a monitoring and warning network for the environment and preventing fish diseases;

3. Direct research agencies to conduct thorough surveys and forecasts of the environmental conditions in concentrated shrimp farming areas;

4. Assess the current environmental status of concentrated shrimp farming areas through the receipt and analysis of environmental assessment reports from provincial departments and research agencies within the sector to warn and protect the environment and promote sustainable farming;

5. Advise the Ministry to organize inspection teams to oversee environmental management activities in concentrated shrimp farming areas.

Article 8. Responsibilities of the Fisheries Resource Protection Bureau:

1. Direct the Fisheries Resource Protection Sub-bureaus to inspect and control environmental management activities in concentrated shrimp farming areas under their jurisdiction and handle violations within their authority;

2. Coordinate with the Science and Technology Department in disease prevention for farmed shrimp and state management in the environmental sector, including concentrated shrimp farming areas;

3. Coordinate with the National Center for Quality Control and Food Safety (NAFIQACEN) in implementing programs to monitor food safety in concentrated shrimp farming areas (sampling and analyzing environmental indicators and residual harmful substances and antibiotics in marketable shrimp);

4. Participate in inspection teams organized by the Ministry to oversee environmental management activities in concentrated shrimp farming areas.

5. Report to the Ministry on the implementation of the Environmental Management Regulations for Concentrated Shrimp Farming Areas through analyzing reports from Fisheries Resource Protection Branches regarding the implementation of these regulations, periodically every six months, annually, or at any time when requested.

6. Annually establish a budget for training and instructing on environmental management in concentrated shrimp farming areas for localities nationwide that engage in shrimp farming.

Article 9. Responsibilities of the Fisheries Department and the Department of Agriculture and Rural Development with fisheries management:

1. Direct subordinate units (Fisheries Extension Center, Fisheries Resource Protection Branch) to inspect and supervise the implementation of the Regulations by facilities under their jurisdiction.

2. Coordinate with the Science and Technology and Environment Department to inspect and control environmental protection within concentrated shrimp farming areas.

3. Guide and direct facilities to strictly comply with the provisions set forth in Article 11.

4. Participate in inspection and supervision teams organized by the Ministry concerning environmental management activities in concentrated shrimp farming areas at the local level.

5. Implement a reporting system on the implementation of the Regulations by the locality, periodically every six months, annually, and at any time when requested by the Ministry of Fisheries.

6. Take the lead in organizing training sessions on environmental management in concentrated shrimp farming areas, in collaboration with the Fisheries Resource Protection Agency and research institutes located in the area.

Article 10. Responsibilities of research agencies under the Ministry of Fisheries::

1. Have the duty to monitor and warn about environmental conditions and diseases in concentrated shrimp farming areas within their jurisdiction, proposing effective preventive measures to promptly inform relevant facilities.

2. Lead or coordinate with local functional agencies on training and guidance content for farmers and fishermen on environmental management in concentrated shrimp farming areas.

3. Collaborate with local functional agencies and facilities to develop and implement timely solutions to address water pollution incidents in aquaculture under their jurisdiction.

4. Report to the Ministry of Fisheries (Science and Technology Department) on the environmental conditions in concentrated shrimp farming areas, periodically every six months, annually, and at any time when requested by the Ministry of Fisheries.

Article 11. Responsibilities of Facilities::

1. Strictly comply with the provisions set forth in Chapter II of this Regulation, other related national regulations, and those of the Ministry of Fisheries.

2. Provide truthful and complete information on environmental conditions and disease outbreaks in shrimp ponds to competent authorities when requested; facilitate sampling of the environment and farmed aquatic products for analysis to achieve accurate results.

3. Cooperate with research agencies of the sector and local functional agencies in finding solutions to environmental issues and diseases during emergencies, and propose recommendations to competent authorities during the implementation of this Regulation.

PART IV

VIOLATIONS AND COMPLAINTS

Article 12. Organizations and individuals violating the provisions of this Regulation shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Article 13. Organizations and individuals have the right to lodge complaints or report violations by state agencies or individuals in implementing this Regulation. The handling of complaints and reports shall be carried out in accordance with the law on complaints and reports. The Fisheries Resource Protection Agency, the Science and Technology Department, research agencies of the sector, and Fisheries Departments and Departments of Agriculture and Rural Development with fisheries management shall guide the implementation of this Regulation within their respective responsibilities and authorities.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 14. Any amendments or supplements to the contents of this Regulation shall be reviewed and decided by the Minister of Fisheries./.

Article 15. Any amendments or supplements to this Regulation shall be examined and decided by the Minister of Fisheries./.