### Marine Fish Culture Ordinance 《海魚養殖條例》

23. Savings
Nothing in this Ordinance shall—
(a) apply to any portion of the foreshore and sea-bed in respect of which the grant of a Government lease has been authorized under section 7 or 8 of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127); or (Replaced 63 of 1985 s. 21. Amended 29 of 1998 s. 105)
(b) be construed to the prejudice of any of the provisions of the Shipping and Port Control Ordinance (Cap. 313).

24. Transitional
(1) Any right of appeal subsisting under section 16 immediately before the commencement* of this section shall be treated as being a right of appeal to the Administrative Appeals Board under section 16 as amended by the Marine Fish Culture (Amendment) Ordinance 2002 (13 of 2002) (the amending Ordinance

### Fish Culture Zone (Designation) Order 《魚類養殖區(指定)令》

1. Citation
This Order may be cited as the Fish Culture Zone (Designation) Order.
(E.R. 5 of 2020)

2. Designation of fish culture zones
Those areas of the waters of Hong Kong named and described in the Schedule thereto are designated as fish culture zones within which fish culture may be engaged in.

### Marine Fish Culture Regulations 《海魚養殖規例》

1. Citation
(E.R. 2 of 2020)(1) These regulations may be cited as the Marine Fish Culture Regulations.
(2) (Omitted as spent—E.R. 2 of 2020)

2. Demarcation of fish culture zone boundaries
The Director shall demarcate the boundaries of every fish culture zone by buoys or other devices or signs.

3. Applications for licences and permits
(1) Application for the grant or renewal of a licence or permit shall be made to the Director in such form and manner as he may specify. (13 of 2002 s. 9) 
(2) Upon receipt of an application under paragraph (1), the Director may require the applicant to furnish such further information in connexion with the application as he thinks necessary.
(3) The fee prescribed by regulation 10(1) for the grant or renewal of a licence shall be payable on demand.

3A. Transfer of licence
(1) Upon receipt of an application under section 8A(2) of the Ordinance, the Director may require the applicant or the intended transferee to furnish such further information in connection with the application as he thinks necessary.
(2) Where an application under section 8A(2) of the Ordinance is granted—
(a) if the period of validity of the licence remains unexpired, the intended transferee shall hold the licence for the unexpired period from the day immediately following the day of the determination of the application by the Director; or
(b) if the period of validity of the licence expires before the determination of the application by the Director or would have expired but for section 8A(6) of the Ordinance, a new licence shall be issued to the intended transferee by the Director, upon payment of the fee payable for the grant of a licence prescribed by regulation 10(1), which shall take effect—
(i) on the day immediately following the day of the determination; and
(ii) for a period of 12 months or such lesser period as may be indicated by the Director at the time of the determination.
(3) If the period of validity of a licence the subject of an application under section 8A(2) of the Ordinance would have expired before the determination of the Director but for section 8A(6) of the Ordinance, then the licensee shall be liable for the prescribed fee for the licence—
(a) for the period from the day when the licence would have expired until the day of the determination of the application by the Director, withdrawal of the application or cancellation of the licence under section 9 of the Ordinance, whichever first occurs; and
(b) on a pro rata basis,
unless section 16(3) of the Ordinance applies.
(13 of 2002 s. 9)

### Marine Fish Culture Regulations 《海魚養殖規例》

4. Period of licences and permits and renewal thereof
(1) Subject to sections 8A(6) and 16(2)(b) and (c) of the Ordinance, a licence or permit shall expire 12 months after the date on which it is granted or renewed or on such earlier date as may be specified in the licence or permit. (13 of 2002 s. 9)
(2) Application for renewal of a licence or permit shall, except where the Director otherwise permits in any particular case, be made to the Director not later than 1 month before the date of the expiry thereof.

5. Mooring and anchoring of rafts
(1) Subject to paragraph (2), a licensee shall cause each raft used by him in a site to be at all times moored and anchored therein in such manner as may be specified by the Director.
(2) Notwithstanding paragraph (1), the Director may permit a raft to be moved into or from a site upon such conditions as he may specify.

6. Structures on rafts
(1) Except with the written permission of the Director, no licensee or permittee shall erect, or permit to be erected, any structure on a raft.
(2) The Director shall specify in the permission granted for the purposes of paragraph (1) the dimensions of the structure permitted and any conditions subject to which the permission is granted.
(3) The Director may remove, or cause to be removed, any structure that is erected in contravention of paragraph (1) or any structure that is not in accordance with the permission granted.

7. Marking and lighting of rafts and impoundments
A licensee or permittee shall—
(a) to the satisfaction of the Director, cause the number of his licence or permit to be permanently marked in conspicuous lettering upon each raft or impoundment used by him; and
(b) if required by the Director, cause to be exhibited on or near any raft or impoundment used by him, between sunset and sunrise, a fixed white light of sufficient intensity so as to be visible all round in clear atmosphere on a dark night at a distance of not less than 2 km and situated in such position as may be required by the Director.

8. Inspection of rafts and impoundments
The Director or an authorized officer may at any time by day or by night inspect any raft or impoundment including all moorings, marks, cages and other equipment whatsoever ancillary thereto.

### Marine Fish Culture Regulations 《海魚養殖規例》

10. Fees
(1) The fee payable for the grant or renewal of a licence shall be $7.8 per square metre of the site area. (L.N. 34 of 1989; L.N. 361 of 1994; L.N. 520 of 1997)
(1A) The fee payable for the application for the transfer of a licence shall be $180. (13 of 2002 s. 9)
(2) No fee shall be payable for the grant or renewal of a permit.

10D. No fee payable for grant or renewal of licence between October 2022 and September 2023
(1) Despite regulation 10(1), no fee is payable for the grant or renewal of a licence if the licence so granted or renewed takes effect within the period from 1 October 2022 to 30 September 2023 (both dates inclusive).
(2) This regulation expires at midnight on 30 September 2023.
(L.N. 78 of 2022)

11. Offences and penalties
(1) Any licensee who contravenes regulation 5(1), or any licensee or permittee who contravenes regulation 7, commits an offence and is liable to a fine at level 1, and in the case of a continuing offence to a further daily penalty of $140.
(2) Any licensee or permittee who contravenes regulation 6(1) or any permission granted for the purposes of regulation 6(1) commits an offence and, without prejudice to regulation 6(3), is liable to a fine at level 2.
(13 of 2002 s. 9)