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Following is a question by the Hon Steven Ho and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (March 18):
Question:
Since the enactment of the Marine Parks Ordinance (Cap 476) in 1995, the Government has designated Hoi Ha Wan, Yan Chau Tong, Sha Chau and Lung Kwu Chau, and Tung Ping Chau one after another as marine parks for the protection of marine environment and marine life. To control fishing activities in marine parks, the Agriculture, Fisheries and Conservation Department (AFCD) implements a marine park fishing permit (permit) system in accordance with the Marine Parks and Marine Reserves Regulation (Cap 476 sub. leg. A) enacted in 1996. Under the system, a permit for fishing in a relevant marine park may be issued only to a bona fide fisherman or a villager who ordinarily resides near the marine park concerned. Recently, some fishermen have relayed to me that AFCD is often too stringent in vetting and approving their applications for transfer of their permits to the next generation. They envisage that the number of fishermen allowed to operate in marine parks will decrease significantly in the next few decades. In this connection, will the Government inform this Council:
(a) of the specific situation of AFCD's processing of applications from fishermen for transfer of their permits to the next generation since the implementation of the aforesaid Regulation; and
(b)whether it will review the policy on the transfer of permits, including considering granting the permit of a deceased fisherman to his or her descendant automatically without prior application, so as to ensure that the fishing industry can carry on from generation to generation?
Reply:
President,
Fishing activities are prohibited in marine parks. However, the Director of Agriculture, Fisheries and Conservation, in the capacity of the Country and Marine Parks Authority (the Authority), is empowered to issue a fishing permit at his discretion under section 17(3) of the Marine Parks and Marine Reserves Regulation (the Regulation) (Cap 476A) to a bona fide fisherman or to a person who ordinarily resides near relevant marine park. The Agriculture, Fisheries and Conservation Department (AFCD) has also set up a Working Group on Fishing Permit (the Working Group) to advise the Authority on the criteria and guidelines in issuing of fishing permits and on cases with individual special circumstances.
Under the existing arrangements, succession and transfer of marine park fishing permits are generally not allowed. Upon receipt of applications for succession to permits, the AFCD will submit the applications to the Working Group for deliberation and consideration on individual merits. In the event that the applicant can provide reasonable grounds (e.g. the permit holder is dead, is of poor health or old age and therefore unable to continue fishing), the Working Group will consider carefully the applicant's justifications for the application for succession in order to decide, according to the applicant's circumstances, whether to recommend to the Authority to exercise discretion in processing such application.
Since the implementation of the above Regulation (i.e. between 1996 and 2014), the AFCD has received a total of 17 applications for succession, of which most were successful, with 6 unsuccessful cases. The main reasons for rejecting such applications are: (1) the applicant is not an authorised person of the fishing permit (Note: an authorised person is a person who is authorised to assist the permit holder in fishing) or has not been making a living from fishing; and (2) the fishing permit has long expired.
The Environment Bureau (ENB) noted fishermen groups'request for a review on the arrangements for succession to marine park fishing permits. Having actively studied the proposal, the ENB and the AFCD are preliminarily of the view that consideration may be given to refine existing arrangements by relaxing requirements for succession to marine park fishing permits as appropriate. The proposal is still subject to further consultation and discussion.
Ends/Wednesday, March 18, 2015
Issued at HKT 12:51
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