People's Republic of China promulgated by Decree No. 615

　　　　　　　　　　　　　　　　　　　　　　　　　
The oceanic observation and forecast Management Ordinance Executive meeting of the State Council on February 15, 2012 192th passed, are hereby promulgated and take effect on June 1, 2012.
　　　　　　　　　　　　　　　　　　　　　　　　 　 　
Prime Minister Wen Jiabao

The March 1, 2012

Regulations on oceanic observation and forecast
　　Chapter I General provisions

First in order to strengthen the management of marine observation and forecast, regulating the activities of oceanic observation and forecast, defense and marine disaster alleviation, economic construction, national defense and social development services, this Ordinance is enacted.

Article in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction of marine observation and forecast activities shall be subject to the regulations. Third oceanic observation and forecast business is the basis of good causes.

The State Council, local people's Governments at or above the county level and coastal ocean observing prediction should be incorporated into the national economic and social development planning, incorporate the budget requirements.

Fourth National Oceanic observation and forecast of marine departments under the State Council.

Agency of the area of the Marine Department of the State Council in accordance with these regulations and permission of the Marine Department of the State Council, responsible for the supervision and administration of sea areas under the jurisdiction of the oceanic observation and forecast.

Coastal local people's Governments at or above the county level departments in charge of the districts adjacent to the waters of the oceans ocean observing prediction.

Article fifth the State encourages and supports the oceanic observation and forecast research of science and technology, dissemination of advanced technology and equipment, develop oceanic observation and forecast personnel, contribute to increased levels of operational ocean observing prediction.

For Oceanic observation and forecast work units and individuals who have made outstanding contributions to, and give recognition and rewards.
　　Second chapter of ocean observing network planning, construction and protection of Sixth the Marine Department is responsible for the development of a national ocean observing network planning.

Development of a national ocean observing network planning shall consult the relevant departments of the State and its views on military authorities submitted to the State Council or the authorized departments of the State Council for approval before implementation.

The coastal provinces, autonomous regions and municipalities of the Marine Department, according to the national ocean observing network planning and actual situation of the districts contiguous to the sea, preparation of the provinces, autonomous regions and municipalities directly under the ocean observing network planning, in consultation with the relevant authorities of the people's Government, after the people's Governments at the corresponding level for approval, and report to the Marine Department under the State Council for the record.

Modified ocean observing network planning, procedures should be in accordance with the plan submitted to the original approval authority.

Seventh compilation of ocean observing network planning, should adhere to the principle of balanced, focused and rational distribution, avoid duplication and safeguard national security.

Preparation of ocean observing network planning, should coastal cities and populated areas, industrial parks, coastal engineering, marine disaster-prone areas and other important areas as a focus for planning at sea.

Eighth ocean observing network planning including planning, marine observation network system, ocean observatories (dot) General layout and infrastructure construction, protection measures, and so on.

Nineth ocean observation network shall conform to the construction of ocean observing network planning, according to the national fixed asset investment project program implementation.

Ocean observatories (dot) construction shall conform to the national standards and technical requirements, and ensure the quality of construction.

Tenth State Marine Department local people's Governments at or above the county level and coastal marine authorities are responsible for basic Ocean Observatory (points) for the establishment and adjustment.

Relevant competent authorities for Water Conservancy, meteorology, navigation, management needs to set up, adjust the Observatory (dot) ocean observing, he shall first seek the views of relevant marine authorities.

Other units or individuals as a result of production, research and other activities necessary to establish, adjust the Ocean Observatory (point), it shall be according to the Marine Department under the State Council, reported on the approval of the Marine Department.

11th maritime Observatory (dot) and its facilities are protected by law, no unit or individual may seize, damage or move without authorization.

12th State marine authorities competent departments of the local people's Governments at or above the county level, coastal Ocean, should the relevant departments of the people's Government in accordance with administrative permissions and standard defined basic ocean observatories (dot) ocean observing environmental protection shall be published, as required in the scope of protection boundaries set up signs.

Prohibit the following activities within the marine environment protection:

(A) put up barriers, and reclamation;

(B) setting affects ocean observing the electromagnetic radiation of high-frequency devices;

(C) the effect of mineral resource exploration and development of the marine observation, fishing operations, aquaculture, the dumping of wastes, blasting and other activities;

(D) other activities that may harm the health of ocean observations.

13th article new, and alterations, and expansion construction engineering, should avoid on marine Observatory (points) and facilities, and observation environment caused against; does cannot avoid of, units should according to original is responsible for or approved established, and adjustment the marine Observatory (points) of competent sector of requirements, in starts construction Qian take additional anti-interference facilities or new marine Observatory (points), measures, by needed costs by units bear.
　　The third chapter of the marine observation and data collection

14th ocean observing activities shall comply with the national ocean observing technical standards, specifications and procedures.

Units engaged in oceanographic observations shall establish a quality assurance system and metering management system to strengthen quality control of ocean observation data acquisition and transmission, guarantee the authenticity, accuracy and integrity of data.

15th ocean observations using instruments shall comply with the relevant national standards, specifications and ocean observing technical requirements. Ocean observing qualified shall be subject to verification of measuring instruments. Without verification, verification or more than verification period of measuring instruments shall not be used for ocean observation.

Ocean observations to test conditions do not have measuring equipment shall ensure traceability through calibration.

16th State shall establish a system of voluntary observing ships, platforms at sea.

Undertake voluntary observing ships, platforms of oceanographic observation instruments and equipment required by the Marine Department is responsible for acquisition, installation and maintenance; the owner of the ship, platform or the holder shall cooperate and assume day-to-day management responsibilities.

17th units engaged in oceanographic observations should be in accordance with the Marine Department under the State Council, ocean observation data obtained to the Marine Department uniform collection.

State Marine Department of local people's Governments at or above the county level and coastal marine departments should properly storage, ocean observation data, and based on the economic construction and social development needed for processing and arranging the ocean observation, establishment of marine observations database and information sharing.

Ocean observational data collection, storage, storage, sharing, and use shall comply with State secrets provisions of laws and regulations.

18th State decision-making and disaster prevention and reduction, national defense construction, public safety, public welfare undertakings need to use the ocean observing data, State Marine Department of local people's Governments at or above the county level and coastal marine departments should be provided free.

19th international organizations, foreign organizations or individuals in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction of marine observation activities in accordance with the People's Republic of China regulations on the management of foreign-related marine scientific research provisions.

International organizations, foreign organizations or individuals in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction of marine observation activities should abide by the People's Republic of China laws and regulations and may not endanger the People's Republic of China's national security.

20th article any units and personal shall not unauthorized to international organization, and foreign of organization or personal provides belongs to national secret of marine observation information and results; does needed provides of, should reported State Marine competent sector or coastal province, and autonomous regions, and municipalities Government marine competent sector approved; about marine competent sector in approved Qian, should sought this level Government about sector of views, which involved military secret of, also should consent of about military organ of agreed.
　　The fourth chapter of the marine forecast

21st State marine authorities competent departments of the local people's Governments at or above the county level and coastal marine ocean forecasting agencies shall, in accordance with the observations, analysis, trends and their impact on forecasting ocean conditions change, making marine forecasting and Ocean disaster alert in a timely manner, do the work of forecasting.

State Marine Department of local people's Governments at or above the county level and Coastal Marine Department Marine forecast organs should be timely marine forecast and consult the marine disaster alerting, improved forecasting accuracy, timeliness and marine disaster alerting. 22nd marine disaster forecasting and ocean alert by the competent maritime authorities competent departments of the local people's Governments at or above the county level and coastal marine ocean forecasting agencies in accordance with the responsibility of issuing to the public.

Any unit or individual shall not be released to the public Ocean forecast and the hazard warning.

23rd State Council departments, coastal local governments and coastal relevant departments of the local people's Governments at or above the county level shall, in accordance with marine forecast marine disaster warning information provided by the Agency to take the necessary measures, and based on the defense needs of marine disasters, start the appropriate marine disaster emergency plan to avoid or mitigate marine disaster.

24th coastal local people's Governments at or above the county level shall specify the local radio, television and newspaper media shall have regular periods or layout, publish or broadcast marine forecasts and marine disaster alerts in a timely manner. Radio, television and other media are changing marine forecast broadcast time, shall be prior consultation with the Marine Department, but due to special needs, except for radio and TV administration required changing the advertised time period.

Marine disaster alert may have a significant impact on people's livelihood should be timely seeding or spots.

25th on radio, television and newspaper media to publish or broadcast marine forecasts and marine disaster alerting, you should use the marine in charge of the State Council departments competent departments of the local people's Governments at or above the county level and coastal marine ocean forecasting agencies to provide information and express name of ocean forecasting agencies.
26th coastal local people's Governments at or above the county level shall establish and improve marine disaster information release platform, according to the needs of marine disaster prevention, coastal transportation hubs, public places and other densely populated areas oceans in disaster-prone areas and the establishment of marine disaster warning information received and broadcast facilities.

27th the Marine Department and the coastal provinces, autonomous regions and municipalities Ocean departments shall, in accordance with the hazard analysis of statistical results, the people's Governments at the corresponding level views of the relevant departments determine priority marine disaster region, reported to the people's Governments at the corresponding level for approval announced.

In marine disasters focused on defense in the region to set up industrial parks, major projects, it should be in the feasibility phase of the project, and conduct marine disaster risk assessment, forecasting and assessing the impacts of marine disasters such as tsunamis, storm surges.

28th the Marine Department is responsible for organizing the sea level changes and impacts of major marine phenomena of climate change prediction and assessment, and the timely prediction and assessment results were announced.

The coastal provinces, autonomous regions and municipalities of the Marine Department marine disaster prevention needs, approved the coastal warning water level and reported to the people's Governments at the corresponding level for approval announced.
　　The fifth chapter legal liability

29th article State Marine competent sector and area sent institutions, and coastal County above place Government marine competent sector, not law made administrative license or handle approved file, found violations or received on violations of reported not investigation, or has other not in accordance with this Ordinance provides perform duties of behavior of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; directly is responsible for of competent personnel and other directly responsibility personnel constitute crime of, law held criminal.

30th article State Marine competent sector and area sent institutions, and coastal County above place Government marine competent sector belongs of marine forecast institutions concealed, and lied about or due to negligence led to major omitted, and wrong reported, and late reported marine disaster alert of, by its superior organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; directly is responsible for of competent personnel and other directly responsibility personnel constitute crime of, law held criminal.

31st article without approved established or adjustment marine Observatory (points) of, by about marine competent sector ordered stop violations, confiscated illegal activities using of instrument equipment and illegal get of marine observation information, and at 20,000 yuan above 100,000 yuan following of fine; meet marine observation network planning of, deadline replacement about procedures; not meet marine observation network planning of, ordered deadline demolition; late not demolition of, law implementation forced demolition, by needed costs by illegal who bear.

32nd in violation of the provisions of this Ordinance, any of the following acts, by the Marine Department be ordered to desist from the illegal act, restitution or take other remedial measures of limited duration, less than 20,000 yuan and 200,000 yuan in fines; fails to restitution or other remedial measures were not taken, according to law enforcement; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) seizing, damaging or unauthorized Mobile Ocean Observatory (point) and its facilities;

(B) ocean observing against ocean observing activities carried out within the scope of protection of the environment.

33rd in violation of the provisions of this Ordinance, any of the following acts, the competent authority shall order correction within and give a warning; it fails, the fines of between 50,000 yuan and 10,000 Yuan:

(A) fails to comply with the National Oceanic observing technical standards, specifications, or instruction;

(B) the use does not comply with the relevant national standards, specifications or ocean observing technical requirements of oceanographic observation instruments and equipment;

(C) use of untested, that are disqualified, or measuring instruments for oceanographic observations of the verification cycle.

Violation of the provisions of the first paragraph of the second item, third item, ordered to replace the ocean observation equipment, the observation of measuring instruments.

34th units engaged in ocean observing is not in accordance with the provisions of article submission of ocean observation data, received by the responsible for ocean observations the competent departments ordered collection; fails to remit, to order the suspension of marine observation activities, fines of less than 20,000 yuan and 100,000 yuan.

35th units or individuals without permission from international organizations, foreign organizations and individuals classified as State secrets, the ocean observing data or results of, the relevant marine authorities shall order to stop violations; has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.

Article 36th marine forecast issued in contravention of this Ordinance required or marine disaster alerting, the relevant marine authorities shall order to stop the illegal practice, given a warning and a fine of less than 20,000 yuan and 100,000 yuan; activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

37th on radio, television, newspapers and other media have one of the following acts, the competent authority shall order correction within and give a warning in serious cases, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) fails to comply with the regulations published, broadcast marine forecasts, marine disaster alert;

(B) failure to timely seeding or spots which could have a significant impact on people's livelihood marine disaster alert;

(C) publish or broadcast marine forecasts, marine hazard warning, does not use Marine Department Marine forecasting agencies to provide information to which they belong.
　　The sixth chapter supplementary articles

38th article of the Ordinance is the meaning of the following terms:

(A) ocean observing, refers to the master, describes the State of the ocean for the purpose, on the tides, salinity, sea surface temperature, ocean waves, currents, sea ice, the tsunami waves were observed and measured activity, as well as the related data acquisition, transmission, analysis, and evaluation of activities.

(B) marine forecast, refers to the tides, salinity, sea surface temperature, tsunami, waves, currents, sea ice, storm surge, sea level change and coastal erosion, saltwater intrusion and other ocean conditions and marine forecasts and information dissemination activities.

(C) the marine Observatory (), refers to obtain ocean observations, oceans, Islands and coast ocean observing sites.

(Iv) ocean observing facilities, refers to the Ocean Observatory (point) used by stations, radar stations, observation platforms, observation wells, observing ships, buoys, diving, sea-bed base, observing signs, equipment, communication lines and other ancillary facilities.

(E) marine environment, is a means for ensuring the normal ocean observing activities, ocean observatories (dot) as the Center, to obtain continuous, accurate and representative of the ocean observing data to a necessary minimum solid space.

39th oceanic observation and forecast of the Chinese people's Liberation Army, in accordance with the relevant provisions of the Central Military Commission.

Marine environmental monitoring and monitoring the release of information, in accordance with relevant laws, regulations and national regulations.

　40th article of the regulations come into force on June 1, 2012.