People's Republic Of China Fishery Crew Management

Original Language Title: 中华人民共和国渔业船员管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398549.shtml

People's Republic of China fishery crew management

    (May 23, 2014 2014 4th release since January 1, 2015, the Ministry of agriculture) Chapter I General provisions

    The first crew to strengthen fisheries management and protect legal rights fishing crews to protect the life and property safety of fishing vessels and persons, according to the People's Republic of China crew regulations, these measures are formulated.

    Second article this regulation is applicable in the People's Republic of China nationality fisheries management of the crew working on board fishing vessels.

Article III Ministry of agriculture is responsible for crew management of national fisheries.

    Local fishery administrative departments of the people's Government at or above the county level and their management of fishery and fishing harbor supervision organs, in accordance with their respective responsibilities for fisheries crew management.

    Chapter II fishing crew service and certification Article fourth fisheries crews practice the certified system.

Fishing crews should be trained in accordance with these measures, examination or examinations, obtain the appropriate fisheries crew certificates, parties can work on fishing vessels.

    Chinese crew working on offshore fishing vessels, shall be obtained in accordance with the relevant provisions of People's Republic of China seaman.

Article fifth crew of fishing crews into position and the crew.

Duty crew is responsible for ship management personnel, consists of the following five categories:

(A) drivers, ranks include captain, marine Deputy, Assistant Deputy of vessel;

(B) Marine Engineering Officer ranks including the Chief Engineer, engineer, Assistant Engineer;

(C) driving long;

(D) electrical engineer;

(E) a radio operator.

Job competency is divided into marine fisheries is the crew certificates and inland fisheries Office crew certificates, class rank, see annex 1. Crew is the duty of the crew other than the crew.

    Crew certification is divided into marine fishery officer certificate and crew certificates for inland fisheries.

Sixth fishing crew training including basic safety training, job training and other training.

Basic safety training refers to the fishing crew members should receive training, including sea survival, fire fighting, first aid, emergency measures, preventing water pollution, fisheries production safety rules, and so on.

Job training refers to is the crew should receive induction training, including proposed job required specialized technical knowledge, professional skills, and laws and regulations, and so on.

    Other training refers to special training and other offshore fishing and fishing vessel safety and fishery-related technical training, skills, knowledge, laws and regulations.

Article seventh fisheries rating certificate shall meet the following requirements:

(A) 16 years of age;

(B) in line with fishing crew health standards (see annex 2);

(C) basic safety training. Meet the above criteria, applicants apply in writing to the fishery and fishing harbor supervision and administration bodies.

    Fishery and fishing harbor supervision and Administration Department shall organize the examination or assessment, examination or examinations, examination or assessment results within 10 working days from the date of issuance of fisheries officer certificate.

Article eighth fisheries functions and crew shall meet the following requirements:

(A) fisheries General certificate of competency or the next level of the corresponding duty crew;

(B) age less than 60 years of age, the vessel of less than 12 metres or the host post of power of less than 50-kilowatt of fishing vessel crews, age limit can be applied for by the issuing authority in accordance with health conditions relaxed;

(C) in line with serving the post health condition requires;

(D) have the appropriate job qualifications (see annex 3), and the good service performance and safety record;

(E) complete the appropriate job training, driving and engine room personnel working on offshore fishing vessels, should also receive special training for offshore fishing. Meet the above criteria, applicants apply in writing to the fishery and fishing harbor supervision and administration bodies.

    Fishery and fishing harbor supervision and Administration Department shall organize the examination or assessment, examination or examinations, examination or assessment results issued within 10 working days from the date of publication of the corresponding fishing job competency. Nineth navigation, marine fisheries, marine management, mechanical and electrical, ship communications, college graduates to apply for positions on fisheries crew certificates, with the provisions of article eighth health and job qualifications may apply for assessment.

Examination in accordance with the following provisions of appropriate fisheries duties crew certificate:

(A) graduates according to their majors in colleges and universities to issue a class ships under, level engineer, electrical engineer and radio operator certificate;

(B) University College (including vocational) graduates according to their specialty issued two ship Vice, second engineer, electrical engineer and radio operator certificate;

(C) according to the major issue of secondary school graduates Assistant ship Deputy, Assistant Engineer, electrical engineer and radio operator certificate.

    Inland fishing vessels receive graduate Office, reference to the provisions of the preceding paragraph. Tenth was in military vessels, transport ships and other non-fishing vessel crews worked on applications for fisheries crew certificates, should participate in the evaluation.

    Examinations administered by the fishery and fishing harbor supervision and Administration issue a corresponding fishing crew certificate or fisheries job competency.

Section 11th for ocean fishing vessel of a class driver, a marine engineer officer class personnel, electrical engineer and radio operator certificate as well as the functions and the crew of offshore fishing, or above the provincial level of fishery and fishing harbor supervision and administration organization of the examination, examination, certification and competency exams for other fisheries, assessment, certification rights formulated and promulgated by the provincial fishery and fishing harbor supervision and administration, Department of agriculture records.

    Enterprises directly under the central authorities located in Beijing with offshore fishing crew examinations, examination, certification of the Ministry of agriculture is responsible for. 12th crew examinations including the theory test and practical assessment of fisheries. Outline of marine fishery crew exam uniformly formulated and promulgated by the Ministry of agriculture.

Syllabus the crew by the provincial fishery and fishing harbor supervision for inland fisheries management bodies in accordance with the specific conditions of the area and published.

    Fisheries crews checking of fishery and fishing harbor supervision and administration in accordance with actual needs and exam outline, select the appropriate subject and content. 13th fishing crew certificate shall be valid for not more than 5 years. Certificate expiry, holder needs to continue to engage in the corresponding work, shall have the appropriate administrative rights of fishery and fishing harbor supervision and Administration apply to exchange their certificates.

Fishery and fishing harbor supervision and Administration can be based on actual needs and job knowledge and skills update organizational assessment, examination, issue a fishing crew certificate.

    Fishing crew certificate expires 5 years after the holder need to be engaged in fishing crew, shall reapply the original level post certificate. Article 14th fishing crews within the validity certificate is corrupted or missing, corrupted certificate or in the original issuing authority lost statement published in the local newspaper, the original issuing authority for replacement.

    Replacement fishing crew certificate validity period should be consistent with the original certificate is valid. 15th fishing crew certificate format developed centrally by the Ministry of agriculture.

    Offshore fishing industry functions and the crew printed by the Ministry of agriculture; other fishing crew certificates printed by the provincial fishery and fishing harbor supervision and administration.

    16th against forging, altering, transferring fishing crew certificate.

    Chapter III fisheries crew manning and responsibilities 17th marine fishing vessel shall meet the duty crew minimum manning standards as provided herein (annex 4).

Minimum manning of inland fishing vessel crew members from the provincial fishery administrative departments under local conditions, and reported to the Department of agriculture records.

Holding high rank rank rank crew crew crew certificate can serve as lower-level positions.

    Fishing vessel owners or operators based on job security and management requirements, increase the duty crew manning.

Article 18th fishing vessel outside in case of force majeure or other holders are unable to perform the functions of special circumstances, lead to these measures are unable to meet the duty crew minimum manning standards, have the following crew by ship owners or operators of the port is located on the provincial fishery and fishing harbor supervision institutions to seek as a rank function:

(A) holds a rank under the corresponding certificate;

(B) within 5 years before the date of his application, with more than 6 months is not less than its crew recorded in certificates ship, qualifications, job tenure in the waters;

(C) good service performance and safety record. According to fishery and fishing harbor supervision and administration for higher level positions representation of crew from certificate issued. Privileged certificate validity shall not exceed 6 months, without extension, shall continue to apply. After the fishing vessel arrived at the first port in China, has proved that failure-free.

Fail-proof of privilege shall be paid back to the issuing authority in time.

    While on board a fishing vessel crew holding a privilege to prove no more than 2 people. 19th Chinese fishing vessel crew members should be Chinese nationals. Is really necessary to be foreign nationals, should hold a relevant identity documents issued by the State Government in our country legally obtaining employment permits, and obtained a fishing crew certificate as required by this approach. The 1995 international fishing vessel crew training, certification and Watchkeeping standards of foreign duty crew member certificate issued by a State party to the Convention shall, in accordance with relevant stipulations of the State recognition of visas.

Recognition shall be deemed to admit the validity of the visa duty crew certificate's validity period, when admitted duty crew certificate fails, the corresponding recognition of visas expire automatically.

    Crew members of foreign nationality shall not hold the driver and radio operator, shall not exceed the total number of crew number of 30%.

20th of fishing vessel owners or operators of fishing crew working on board fishing vessels should be set up basic information, and report to the location of the port of fishery and fishing harbor supervision and administration institutions or commissioning service record of fishery and fishing harbor supervision and administration.

    Crew changes on fisheries, fishing vessel owner or operator shall, within 10 working days before the departure location of the port of fishery and fishing harbor supervision institutions or commissioning service record of fishery and fishing harbor supervision and administration, and changing fishing crew basic information in a timely manner.

Article 21st fishing crew members of the vessel during the work, shall perform the following duties:

(A) bring fishing crew certificate;

(B) compliance with laws and regulations and safety regulations, compliance with fisheries production jobs and the prevention of pollution from ships operating rules;

(C) the implementation of the fisheries management system, provisions on duty on the ship;

(D) obey the captain and higher duty orders given by the crew in their sphere of competence;
(E) participate in fishing vessel emergency response training, exercise and implement emergency prevention measures;

(F) report found that dangerous situations, accidents or affecting the safety of navigation, operations;

(G) in cases of serious danger to their own safety, to render assistance to persons in distress;

(H) the fishing vessels must not be used in private persons and goods loading, overloading, not to bring prohibited items;

    (IX) shall not resign or leave without authorization in the voyage. 22nd fishing crew in ship navigation, operations, anchoring on duty shall, in accordance with the provisions.

Duty crew shall perform the following duties:

(A) familiar with and master the ships sailing and operating environment, navigation and navigation facilities are equipped with and use, handling of the ship, the ship of fishing gear characteristics and nearby ships, always verify the vessel's heading, position, speed and job status;

(B) the collision of ships in accordance with the relevant rules, and sailed, on duty operating environment required to maintain hope and ship collisions and pollution prevention measures in a timely manner;

(C) fill in regard to statutory instruments;

    (D) under the premise of ensuring the safety of navigation and the operation shifts.

23rd master is the direct responsibility of fisheries production, and fishery production in the Organization, protection of persons and property on the water safety, preventing fishing vessel pollution of waters and respond to emergencies, has the right to decide independently and perform the following duties:

(A) to ensure that fishing vessels and crew members carried in compliance with the statutory requirements for certificates, instruments as well as relevant navigational information;

(B) when ensuring that fishing vessel and its crew to sail in airworthiness, competency status, ensure that fishing vessels comply with the minimum manning standards, fishing vessels to ensure the normal duty;

(C) subject to basis of fishery and fishing harbor supervision and administration responsibilities of fishing waters safety and fishery production order management, implementation of water traffic safety, conservation of fisheries resources and the prevention of pollution from ships and other provisions;

(D) ensure that the fishing vessel in accordance with law, fisheries production, legitimate use of fishing gear and fishing method correctly, on board compliance with the relevant conservation laws and regulations, complete fishing log as required, and opened by the regulation and use of safety and navigation equipment;

(E) the facts of fishing crews in the fishing crew certificate services qualifications and job performance;

(F) fishing vessels entering and leaving Hong Kong visa applications made by the regulation;

(VII) safety on water traffic accidents, pollution incidents, foreign-related events, boarding on the high seas and port State inspections, should be immediately reported to the fishery and fishing harbor supervision and administration bodies and submit a written report within the prescribed time;

(H) the full protection on ship personnel safety, water safety accidents occur when you endanger the safety of persons or property on board, shall organize and trying to rescue the crew;

(I) survival craft, the master shall be the last to leave the ship, and try to rescue fishing log, engine logbook, oil record book and other documents and goods;

    (10) in cases of serious danger to their own safety of ships and personnel, to discharge the water rescue duty.

Article 24th captain performing his duties and may exercise the following powers:

(A) when the fishing vessel does not have the conditions for safe navigation, refused to sail or battery life;

(B) illegal instruction issued by the fishing vessel owner or operator, or may endanger the crew, property, or safety, and fishery resources destruction and pollution of the water directive, can refuse to perform;

(C) when a fishing vessel is in distress and when seriously endangers the safety of persons on board, decide evacuation on board fishing vessels;

(D) in the case of the sinking of the fishing vessel have become inevitable, reported by the fishing vessel owner or operator consent to abandon ship, except in cases of emergency;

(E) order the incompetent crew to leave.

    Orders given by the captain in the context of its terms of reference, all personnel must perform on the ship.

    Fourth chapter of fisheries training and services

    25th fisheries training institutions training business, shall meet the training needs of venues, facilities, equipment and teaching staff conditions.

26th marine fisheries training institutions are divided into the following three levels, subject to the specific conditions shall be separately prescribed by the Ministry of agriculture:

Level fisheries training institutions can assume the crew of fishing vessels of various types of positions at all levels of the sea training, special training and basic security training for offshore fishing;

Second-level fisheries training institutions to undertake marine fishing vessels below secondary drive and Marine personnel training, driving long and basic security training;

Three levels of fisheries training institutions to undertake marine fishing vessel long driving training and basic safety training.

    Crew training institution shall meet the specific requirements of inland fisheries, fishery administrative departments under the people's Governments at the provincial level fishing crew management need to be developed.

    27th fisheries training institutions should be in each course before classes, student roster, training content and planning report of fishery and fishing harbor supervision and Administration Department for record. 28th fisheries training institutions should establish a fishing crew training records.

    Trainees were enrolled in training classes meet the stipulated training class 80%, fisheries training institutions to be proof of fisheries training.

29th the State encourages the establishment of fishing crew services.

Fishing crew services may apply for fisheries crew agent exam, apply for a certificate and other relevant formalities, agent of the shipowner or operator to manage fishing crew Affairs, fisheries ship crew manning and other services.

    Fisheries service agencies provide services to the crew the crew shall enter into a written contract.

    Chapter fifth career management fishing crew members and security

30th fishing vessel owners or operators should be legally conclude labor contracts with the fishing crew.

    Fishing vessel owners or operators, shall not be used without a corresponding valid fishing crew certificate persons work on a ship.

    31st fishing vessel owner or operator shall by law, fishing crews to provide insurance.

    32nd fishing vessel owners or operators should protect fishing crews life and workplace in accordance with the rules of fishing vessel inspection crew living conditions, job security and protection requirements, and necessary for the crew on board supplies, protective equipment, medical supplies, establishment of crew health files, regular health checks and counseling for crew members, preventing occupational disease.

    Article 33rd fishing crew on the ship were injured at work or sick, fishing vessel owners or operators should be given timely treatment; fishing crew missing or dead, fishing vessel owners or managers should manage the aftermath.

    Article 34th fishing vessel owner or operator who is the first person of fishery production, should the funding needed to ensure the safety of production, establish and improve the responsibility system for production safety, complete with crew and safety equipment in accordance with regulations to ensure that fishing vessels comply with safety and seaworthiness, and to ensure that the crew enough time to rest.

    Supervision and administration of the sixth chapter

    35th crew of fishery and fishing harbor supervision management should improve fishery management and supervision and inspection system, the establishment of fisheries sailors archive, urged the crew of fishing vessel owners or operators of perfect safety and security systems, implementation of appropriate safeguards.

Article 36th of fishery and fishing harbor supervision and administration according to law on fishery crew certified, qualifications and seniority, their duties, safety record, maritime training institutions training quality, crew services honest and trustworthy conditions for supervision and inspection, and if necessary, on-site evaluation of crew.

    Fishery and fishing harbor supervision and administration in accordance with law when conducting supervision and inspection, and crew, fishing vessel owners and operators, crew training and service agencies shall cooperate and truthfully provide certificates, materials and related information.

    37th fishing crew in breach of the laws, regulations and rules, in addition to receiving administrative punishments, the provincial fishery administrative departments under local conditions cumulative points system.

    38th article fishery fishing port supervision management institutions should on fisheries crew training institutions of conditions, and training situation, and training quality, for supervision check, check content including teaching plans of implementation situation, and bear this period training teaching task of teachers situation and teaching situation, and training facilities equipment and textbook of using and the added situation, and training scale and teachers equipped with requirements of meet situation, and students of attendance situation, and training archives,.

    39th crew of fishery and fishing harbor supervision and Administration Department shall disclose the fisheries management issues, procedures, reporting information such as telephone number, mailing address, email address, and consciously accept the supervision of society.

    The seventh chapter penalty

    40th article violates these rules, obtained by fraud, bribery or other improper means fishing crew certificates, managed by the fishery and fishing harbor supervision authorities revoked certificates, and concurrently impose a fine of less than 2000 Yuan and 10,000 yuan, is no longer accepting fishing crew certificate request within three years.

    41st of forging, altering, transferring fishing crew certificates, by the collection of fishery and fishing harbor supervision and Administration about the certificate, and more than 2000 Yuan and fined a maximum of 50,000 Yuan; has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.

    42nd fishing crews in violation of the article 21st of provisions of first through fifth, be warned by the fishery and fishing harbor supervision and administration are serious, fined a maximum of between 2000 Yuan and 200 Yuan.

    Article 43rd fishing crews in violation of the article 21st the sixth to the Nineth and the 22nd article, by the fishery and fishing harbor supervision and administration more than 1000 Yuan and fined a maximum of 20,000 yuan in serious cases, and temporarily suspended fishing crew certificates for more than 6 months to 2 years the circumstances are especially serious, and may revoke a fishing crew certificate.

    44th master of a fishing vessel in violation of the provisions of article 23rd, by the fishery and fishing harbor supervision and administration penalty of between 2000 Yuan and 20,000 yuan in serious cases, and temporarily suspended fishing vessel master crew member certificate for more than 6 months to 2 years the circumstances are especially serious, and may revoke a fishing vessel master crew certificate.

    Article 45th fishing crew caused accidents because of irregularities, withhold fishing crews certificate for more than 6 months to 2 years in serious cases, suspension of fishing crew certificate constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 46th fishing crew certificate is revoked, within 5 years from the date on which the revocation shall not apply for a fishing crew certificate.
47th article of fishing vessel owners or operators of any of the following acts, by the fishery and fishing harbor supervision and Administration Department shall order rectification refuses, more than 5000 Yuan and fined a maximum of 50,000 Yuan:

(A) is not in accordance with the regulations complete fisheries Office crew, or with the person who has not obtained the certificate as provided herein in working on fishing vessels;

(B) the fishing crew on the fishing vessel and place of work does not meet the relevant requirements;

    (C) the fishing crew members of the vessel during an illness or injury, failing to render assistance.

48th fisheries training institutions have one of the following, by the fishery and fishing harbor supervision and administration in a warning and order them to correct who refuses to correct or recurrence of similar violations, can be fined a maximum of between 50,000 yuan and 20,000 Yuan:

(A) does not have the conditions to carry out fishery crew training;

(B) the crew for not complying with the provisions of fisheries training syllabus content requirements;

(C) not required proof of training;

    (D) issuing false training certificates.

49th fishery administrative departments or fishery and fishing harbor supervision and administration staff, one of the following circumstances shall be given disciplinary action:

(A) violations of provisions in fishing crew certificate;

(B) does not perform its duty of supervision and inspection;

    (C) other acts of abuse their powers, neglect their duties.

    The eighth chapter by-laws

50th herein, the following terms mean:

Fishing crew refers to serve the fishing vessel, personnel with a fixed job.

Ship, Captain refers to the Convention, namely the registration of certificates of nationality under the fisheries "Captain".

    Host total power, refers to the sum of all engines used for propulsion power, that is registered in the fishing vessel certificates of nationality "host total power."

    51st administrative measures for non-motorized fishing vessel crew, by the provincial departments of fishery administration according to local conditions to develop.

    52nd fisheries training, examination, certification and related costs shall be paid according to the relevant regulations of the State. 53rd these measures come into force on January 1, 2015.

    The Ministry of Agriculture announced on August 18, 1994 the crew for inland fisheries rules of examination and certification, March 2, 1998, published by the People's Republic of China fishing vessel crew professional training appraisal certification approach based on March 27, 2006, published by the People's Republic of China marine fisheries crew certification provisions repealed simultaneously.

    Annex 1: fisheries job competency grading

, Marine fisheries job competency levels

(A) the driver certificate

1. certificate: applicable to fishing vessels of 45 meters in length, including a ship master grade certificate, level an associate certificate;

2. the certificate II: apply to vessels more than 24 metres in length fishing vessels of less than 45 m, consists of two master grade I, grade II ships under the certificate;

3. the certificate III: applicable to fishing vessels more than 12 meters less than 24 metres in length, including the three master grade;

4. Deputy Assistant ship certificates: applicable to all fishing vessels.

(B) the engine room personnel certificates

1. certificate: applied to host total power 750-kilowatt of the fishing vessel, including Chief Engineer certificate, level engineer certificate;

2. the certificate II: suitable host total power of more than 250-kilowatt less than 750-kilowatt of the fishing vessel, including level II certificate, second engineer Chief Engineer certificate;

3. the certificate III: total power applied to host more than 50-kilowatt less than 250-kilowatt of the fishing vessel, including three levels of Chief Engineer certificate;

4. Assistant Engineer certificate: applicable to all fishing vessels.

(C) driving a long certificate

Suitable for ships of less than 12 metres or host total power shortage on the fishing vessel 50-kilowatt, drive and marine post one of the crew.

(D) motor certificate

Suitable for generator power 800-kilowatt of the fishing vessel.

(E) a radio operator certificate

    Apply to offshore fishing vessels.

Second, the duty crew certificates for inland fisheries

(A) the driver certificate

Certificate: applicable to the fishing vessel of 24 metres in length or more separate cabin;

Secondary certificate: applicable to separate cabin fishing vessels less than 24 metres in length.

(B) the engine room personnel certificates

Certificate: applied to host total power over 250-kilowatt a separate cabin fishing vessels;

Certificate II: lack of suitable host total power 250-kilowatt a separate fishing vessel in the engine room.

(C) driving a long certificate

Applies to fishing vessels with no independent engine on, driving and marine post one of the crew.



Inland Fisheries ship duty crew ranks by the provincial departments of fishery administration in the light duty crew of marine fishery ranks, determined in accordance with local conditions, and reported to the Department of agriculture records.

    Annex 2: fishing crew health standards

A vision (using international standards for Visual acuity chart and check distance)

1. drivers: two naked eye Visual acuity above 0.8, or bare corrected vision eyesight 0.6 per cent and 1.0 per cent;

    2. engine room personnel: two naked eye Visual acuity above 0.6, or bare corrected vision Visual acuity of 0.4 per cent and 0.8 per cent.

Second, the colour

1. drivers: color vision completely normal;

    2. other fisheries crew: no red-green colorblind.

Three, listening

    Ears can hear stopwatch voice 50 cm distance.

Four, other

1. suffering from mental disease, effects of physical activity of the nervous system diseases, serious damage to the health of infectious and chronic diseases that may affect the work on the ship, may not apply for fisheries crew certificate;

2. normal extremity motor function;

    3. radio personnel should be articulate.

    Annex 3: fishery functions and crew application qualifications

Rose, fisheries Office crew in accordance with the following order:

(A) driver: Deputy Assistant ship → three-level master or secondary ship under → secondary Captain captain or boat under → levels.

    (B) marine engineering officers: Assistant Engineer → three-level chief engineer or second engineer → secondary Chief Engineer Engineer chief engineer → levels or level.

Second, application for marine fishery job competency exam qualifications:

(A) the initial application: application for Assistant Deputy, Assistant Engineer, driving the ship length, electrical engineer and radio operator functions and the crew of, should have been the fishing workers, sailors, engine-room oiler or electrical work under 24 months.

    (B) to request a certificate level ranks increase: hold the next level job competency and actually held the position under 24 months.

Third, application for marine fishery competency assessment qualifications:

(A) students in professional colleges: apprenticeship at the fishing vessel for 12 months.

    (B) the crew serving in military vessels, transport vessels: in the last 24 months on board a vessel in the corresponding work within 6 months.

Four functions and crew qualifications, applications for inland fisheries:

(A) the initial application: the fishing vessel as the crew actually worked for 24 months.



(B) to request a certificate level ranks increase: hold the next level job competency and actually held the position under 24 months. Annex 4: marine fisheries ship duty crew minimum manning standards (images, text)