Fishing Vessel Safety Incident Reporting And Investigation On Water Treatment

Original Language Title: 渔业船舶水上安全事故报告和调查处理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385428.shtml

Fishing vessel safety incident reporting and investigation on water treatment

    (January 23, 2013 the Ministry of agriculture Decree [2012] 9th number released since February 1, 2013) Chapter I General provisions First article for strengthening fisheries ship water Shang security management, specification fisheries ship water Shang security accident of report and survey processing work, implementation fisheries ship water Shang security accident responsibility held system, according to People's Republic of China safety method, and People's Republic of China Sea traffic security method, and production security accident report and survey processing Ordinance, and People's Republic of China fishing port waters traffic security management Ordinance, and People's Republic of China Sea traffic accident survey processing Ordinance and

    People's Republic of China inland river transportation security regulations and other laws and regulations, this provision is enacted.

    Article the following water safety incident reporting and investigation process, these provisions shall apply:

    (A) vessels and installations in the People's Republic of China water safety in fishing port waters;

    (B) in the People's Republic of China fishing port waters engaged in fishing activities in the fishing ships and fishing vessels on the water between security incidents.

    Fishing vessels and non-fishing vessels in fishing port waters water safety incidents outside, in accordance with the relevant provisions of the investigation process.

    Article water safety accidents in these rules, including production safety accidents and natural disasters, accidents on the water.

    Water production safety accidents were due to collisions, wind damage, contact loss, fire, drowning, mechanical injury acute industrial poisoning, drowning, electric shock, or other causes of fishing vessel damage, sinking accidents or casualties, missing.

    Incidents of natural disasters is a typhoon or strong winds, thunderstorm, Tornado, storm surges, tsunamis, sea ice caused by fishing vessels or other disasters damaged, sinking accidents or casualties, missing.

    Article fourth fishing vessel accidents on the water is divided into the following levels:

    (A) major accidents, killing more than 30 people killed and missing, or more than 100 people injured (including acute industrial poisoning, the same below), or more than 100 million yuan of direct economic losses;

    (B) the major accident, caused the death of more than ten people under 30, missing, or 50 people, more than 100 people injured, or 50 million Yuan more than 100 million yuan of direct economic losses of accident;

    (C) the larger accident, referring to three people more than ten people killed, missing, or ten or more 50 people injured, or 10 million Yuan more than 50 million yuan of direct economic losses of accident;

    (D) the General accident, which allegedly caused the deaths of three people, disappearances, or ten people seriously injured, or 10 million yuan of direct economic losses.

    Article fifth fishery administrative departments of the people's Governments above the county level and their management of fishery and fishing harbor supervision organs (collectively referred to as fishing boat accident investigation authority) is responsible for the reporting of security incidents on the water fishing vessel.

    Except special major accident outside, collision, and wind loss, and touch loss, and fire, and since sank, water Shang security accident, by fishing accident survey organ organization accident survey group by this provides survey processing; mechanical injury, and shock, and acute industrial poisoning, and drowning and other water Shang security accident, by has survey permission of people Government authorized or delegate, about fishing accident survey organ by this provides survey processing.

    Article sixth fishing vessel water safety incident reporting should be timely, accurate and complete, no unit or individual shall not be late, and false negatives, false or conceal.

    Fishing vessel water safety investigation and handling of accidents should be practical and realistic, fair and just, in ascertaining the cause of the accident and the accident, found liability based on, summarize the lessons learned from, and propose corrective measures, and shall be subject to liability according to the responsibility.

    Seventh no units or individuals shall obstruct, interfere with fishing vessel water safety incident reporting and investigation work.

    Chapter reports

    Eighth levels of fishing vessel accident investigation authority shall establish a 24-hour emergency duty system, and announced to the public duty calls, receive accident reports.

    Nineth fishing vessel on the water after the accident occurred, parties or other known personnel shall immediately of the accident to the nearest port or port of the fishing vessel accident investigation authorities.

    X fishing boat accident investigation authorities after receiving the fishing vessel accident reports on water shall immediately verify the situation, to take emergency measures, and report accidents in a timely manner and in accordance with the following provisions:

    (A) the special major accident and significant incident escalation to Ministry of agriculture and marine fishery Council by the Ministry of Agriculture report to the State Council, must be reported for more than an hour for each level;

    (B) greater escalation to the Ministry of agriculture and marine fishery Bureau, must be reported for each level for more than two hours;

    (C) General report to the provincial fishing boat accident investigation authority, must be reported for each level for more than two hours.

    Fishing boat accident investigation authorities may leapfrog when necessary to report.

    Fishing vessel accident investigating authorities reported accidents at the same time, it shall report to the people's Governments at the corresponding level and inform the safety supervision and management departments. Ocean-going fishing vessels for water safety incidents, which the ship belongs, agent or tenant companies reported to the provincial fishing boat accident investigation authorities, report to the Ministry of agriculture and the provincial fishing boat accident investigation authorities.

    Ocean-going fishing vessels for water the central enterprise security incidents and report directly to the Ministry of Agriculture of Central enterprises.

    11th boat accident investigation authorities received a non-local fishing industry marine water safety incident reporting, should be informed within one hour the ship port fishing boat accident investigation bodies, by their escalation.

    12th fishing boat accident when an accident investigation report should include the following:

    (A) officers arrived at the time;

    (B) survey and rescue of vessels involved, communication equipment;

    (C) the time and place of the accident;

    (D) the causes of the accident and after briefly;

    (E) has caused or is likely to cause casualties (including the number of missing) and preliminary estimated direct economic loss;

    (F) the measures that have been taken;

    (G) matters that require superior coordination;

    (VIII) other reports. In case of emergency or difficult to grasp the details of the accident, within a short time, fishing boat accident investigation authority shall first report of accident or understanding of the situation, otherwise verification remedy in a timely manner. Major, major accidents should be the first summary report on the telephone, and submit a written report as soon as possible.

    Emergency handling after the accident shall be promptly reported to the General.

    13th fishing vessels in fishing port waters water safety accidents occur, shall be entered in the first port flag fishing vessels in Hong Kong or within 48 hours after the accident accident investigation bodies on water safety accident report information and necessary instruments.

    Ships, fishing port facilities in water safety incidents occurring within the waters, shall, within 24 hours after the accident on a fishing boat accident investigation bodies of water security incident report information and necessary instruments.

    Article 14th water safety accident report should include the following:

    (A) the vessel or installation profiles and performance data;

    (B) ships, the facility owner or operator's name, address, contact, Captain and driving on duty, Chief Engineer and engineering watchkeeping personnel name, address and contact information;

    (C) the time and place of the accident;

    (D) when the accident happened on climate, waters;

    (E) details of the accident (collision shall be attached to the relative motion sketch);

    (Vi) damage (damaged parts of the vessels or installations for diagrams), reporting is difficult to ascertain, should be tested remedy in a timely manner;

    (G) the measures that have been taken and effectiveness;

    (H) the sinking of vessels and installations, that sank;

    (IX) other information relevant to the accident.

    Chapter III accident investigation

    15th levels of fishing vessel accident investigation authority in accordance with the following permissions:

    (A) the Ministry of agriculture is responsible for investigation of offshore fishing ships on the water the central enterprise security and authorized by the State Council investigation of particularly serious accidents, which should be investigated by the Ministry of agriculture and fishing vessel accidents on the water with foreign vessels;

    (B) fishing boat accident investigation bodies responsible for investigating major accidents at the provincial level and the area enterprises, agent or tenant of the larger ocean-going fishing vessel on water safety and General accident;

    (C) the municipal fishing boat accident investigation authorities investigate large accidents;

    (D) fishing boat accident investigation bodies at the county level are responsible for investigating accidents.

    Superior fishing boat accident investigation authority may consider necessary, can lower fishing boat accident investigation authority within the investigative jurisdiction of the accident investigation.

    16th ship, facilities, water safety accidents in fishing port waters, the fishing port is located fishing vessel accident investigation agencies in the investigation. Fishing vessel safety accident in the water outside the fishing waters, which the port is located fishing vessel accident investigation agencies in the investigation. Port of local fishing vessel accident investigation authorities may entrust boats reach the fishing boat accident investigation agencies in the investigation of the accident.

    Different port of fishing vessel accidents by level on a common fishing boat accident investigation authority or its designated fishing boat accident investigation agencies in the investigation.

    17th based on need, fishing boat accident investigation authorities to carry out the following work:

    (A) investigation, asking the persons concerned;

    (B) require investigators to provide written materials and certificates;

    (C) to request the parties to provide a logbook, engine logbook and radio operator logs, charts, shipping performance information, navigational equipment and other necessary papers and materials;

    (D) inspecting the ship, crew members and other relevant certificates, verify the seaworthiness of the ship before the accident;

    (E) to verify the casualties and property losses caused by accidents;

    (F) survey the scene of the accident and collect relevant material evidences;

    (VII) using audio, photographic and video equipment and other means of investigation permitted by law.

    18th fishing boat accident investigating authorities carry out investigations should be shared by two or more investigators to participate in, and persons under investigation to produce documents.

    Investigators shall comply with the relevant laws and regulations and work discipline, comprehensive, objective and fair investigations.
Unauthorized, the investigator shall publish the relevant information.

    19th incident and the parties concerned shall cooperate with the investigation, stating the circumstances of the accident, and provides information on authentic instruments. 20th fishing boat accident investigation branch investigation needs, it may order the party ship reached the designated locations under investigation.

    Except in cases of danger to their own safety, a ship without the consent of fishing vessel accident investigation authorities of the parties, shall not leave the designated location.

    21st fishing boat accident investigation organ shall, upon receiving the accident report within 60 days of the date produced water safety accident investigation report.

    Special cases, approved by the fishing vessel accident investigation authorities at a higher level, you can extend the report deadline, but extended periods of not more than 60 days.

    Time needed for inspection or verification not included in the investigation period.

    22nd water safety accident investigation report should include the following:

    (A) the vessel or installation profiles and performance data;

    (B) ships, the facility owner or operator's name, address and contact information;

    (C) the time and place of the accident, after the loss, weather, water, and so on;

    (D) the cause, type and nature of the accident;

    (E) assistance and deal with the aftermath of; (vi) liability of the accident;

    (G) require parties to take corrective measures and (VIII) dealing with comments or suggestions.

    23rd fishing boat accident investigation after investigation, finds that fishing vessel accident of water safety accidents to natural disasters should be reported to fishing vessel accident investigation authorities at a higher level.

    To foresee natural disasters natural disasters or to avoid adverse consequences of the case, did not respond or respond to inappropriate measures cause casualties or economic loss shall be recognized for fishing vessels on the water production safety accidents. 24th fishing boat accident investigation organ shall, from the date of survey reports produced within the 10th survey final report served on the parties and report to fishing vessel accident investigation authorities at a higher level. Belonging to this port of fishing vessel accidents, accident investigation authority shall be sent to the ship concerned port of fishing vessels.

    Belong to fishing vessels fishing in the waters of accident, shall be sent to relevant departments at the same level.

    25th registered in fishing and ocean-going fishing vessel flying the flag of security incidents on the water, fishing States relevant departments for follow-up treatment, ocean-going fishing vessels is a member, agent or tenant Enterprise survey results should be reported to the Department of agriculture by the provincial fishing boat accident investigation authority.

    26th fishing boat accident investigation authority shall, in accordance with the relevant provisions of article archive on water safety accident report and survey materials such as water safety accident investigation report.

    Fourth chapter

    27th on the fishing vessel responsible for water safety accidents of personnel, facilities and ship owners, operators, by the fishing vessel accident investigation authorities in accordance with the relevant laws and regulations and the People's Republic of China fishery port monitor administrative penalties administrative penalty provisions, and making recommendations to the relevant departments and disciplined Unit.

    Responsible for fishing vessel accidents on the water who do not belong to accident investigation authorities jurisdiction by fishing vessels, fishing boat accident investigation authorities will inform the competent authorities concerned. 28th according to the causes of accidents on the water fishing vessel, fishing boat accident investigation authority may order the ship, facilities owners, operators within strengthening the safety management of owned vessels and installations.

    Refusing to strengthen safety management or do not meet the security requirements within the time limit, fishing boat accident investigation authorities have the right to prohibit the vessels or installations from Hong Kong, or ordered to suspend, change, stop operation and may take other enforcement measures are necessary.

    Article 29th of fishing vessel accidents on the water party and associated personnel suspected of a crime, fishing boat accident investigation authorities should be transferred to judicial organs for criminal responsibility shall be investigated according to law.

    The fifth chapter mediation

    Article 30th civil due to fishing vessel accidents on the water dispute, the parties at the date of the accident in the 30th, to fishing vessel accident investigation agencies in charge of accident investigation for mediation in writing.

    Has applied to arbitration or initiate litigation to the people's Court of arbitration, the Parties apply for mediation, is inadmissible.

    31st fishing boat accident investigation authorities to carry out mediation, should follow the principle of fair and voluntary.

    32nd as a conciliation agreement, the signing of the mediation agreement the Parties shall jointly, and confirmed by the fishing vessel accident investigation authorities ' stamp and signature.

    33rd article of the mediation agreement must include the following:

    (A) name and domicile of the parties;

    (B) the name and title of legal representative or agent;

    (C) the main disputes the facts;

    (D) accident profiles;

    (V) the party responsible;

    (F) the agreement;

    (G) the terms of the conciliation agreement.

    Article 34th to the fishing boat accident investigation authority for mediation of civil disputes, mediation in the middle of a party shall submit written application for termination of conciliation, and to inform the other party.

    35th within three months from the date of accepting an application for mediation, the parties did not reach a conciliation agreement, fishing boat accident investigation authority shall terminate the mediation, and informed the parties may apply to the arbitration or initiate litigation to the people's Court of arbitration.

    The sixth chapter supplementary articles

    Article 36th facilities in these rules refers to underwater fixed or floating buildings, installations and fixed platforms.

    37th article of the provisions of the second paragraph of article in the meanings of the following types of accidents:

    (A) collisions, ships and ship or ships and rafts, water fluctuations occur collisions caused the ship damaged sunk or casualties, missing, and ship-generated surge causing vessel damage, sinking or casualties, missing;

    (B) wind loss means permitted navigation area for the coastal area (class III), the offshore area (ii), the far Northeast area (ⅰ) fishing vessel encountered eight, ten, respectively 12 and sank below the level of wind damage, or casualties, missing;

    (C) contact loss means the ship touching the wall, piers, buoys, piers, rigs and other water fixtures and shipwrecks, and stakes, fish traps, submerged breakwaters and other underwater obstructions, touching rocks or shelved in the reef, and ship shoal, cause damage to the ship, sunk or casualties, missing;

    (D) the fire ships by non-natural causes fire or explosions, sank causing ship damage, or casualties, missing;

    (E) heavy ships due to overloading, improper loading, hull leakage, or unexplained, causing ship sank, casualties and missing persons;

    (Vi) mechanical damage, affecting the navigability of the ship parts or damage to or loss of important fittings, and operation and use of machinery or equipment such as nets causing casualties, missing;

    (G) the electric shock, refer persons contact currents cause injuries;

    (H) acute industrial poisoning, refers to the persons on board, due to exposure of the body in the production of use or produce toxic substances, so that the body changes in a short time, cause immediate interruption of work;

    (IX) drowning, refers to persons accidentally falling into the water causing casualties, missing;

    (10) other, led to more types of fishing vessel on the water situation of production safety accidents.

    38th article of the provisions of the third paragraph of article in the meanings of the following types of accidents:

    (A) Typhoon or Gale, refers to in allowed sailing job district for coastal airlines district (III class), and offshore airlines district (II class), and far HNA district (ⅰ class) of fisheries ship respectively suffered eight level, and 10 level and 12 level above wind attacks, or in port, and anchorage suffered over port provides shelter grade of wind attacks, or suffered II level alert standard above waves attacks, caused fisheries ship damaged, and sank or personnel casualties, and missing.

    (B) the tornado, a tornado hit the fishing vessel, causing sinking fishing vessel damage, or casualties, missing.

    (C) the storm surge, referring to fishing vessels in ports, II alerts over standard storm surge attacks in the anchorage, causing sinking fishing vessel damage, or casualties, missing.

    (D) the thunderstorms, lightning hit the fishing vessel, triggering a fire, explosion, causing sinking fishing vessel damage, or casualties, missing.

    (E) the tsunami, refers to the standards the fishing vessel encountered ⅱ levels above the tsunami, causing sinking fishing vessel damage, or casualties, missing.

    (Vi) sea ice, fishing vessel in the Sea (water) encountered early warning standards over sea ice, icebergs and ice flood attacks, cause a sinking fishing vessel damage, or casualties, missing.

    (VII) other, fishing vessel encountered by the Meteorological Agency or marine meteorological department or the relevant competent authorities of other natural disasters, causing sinking fishing vessel damage, or casualties, missing.

    39th fishing vessel water safety incident reporting, investigation and handling of instruments table formats, developed centrally by the Ministry of agriculture.

    40th article of the provisions referred to in the "above" include the number, "the following" not including the number itself. 41st these provisions come into force on February 1, 2013, March 5, 1991 the Ministry of agriculture, December 25, 1997 amendments to the People's Republic of China fisheries rule repealed at the same time of the investigation and handling of maritime traffic accidents.