Administrative Measures On Fishing Vessels In Shaanxi Province

Original Language Title: 陕西省渔业船舶管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377284.shtml

Administrative measures on fishing vessels in Shaanxi Province

    (April 24, 2012 159th promulgated by the people's Government of Shaanxi Province as of July 1, 2012) first to strengthen fisheries management and protection of fishery marine navigation and operations security, in accordance with the People's Republic of China fisheries law, the People's Republic of China fishing vessel inspection regulations and the People's Republic of China inland river transportation security regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the province within the administrative area of fishing vessel inspection, registration, navigation, crew management and other activities, these measures shall apply.

    Management of fisheries administration enforcement vessels in accordance with the relevant provisions of the State. The third fishery administrative departments of the people's Governments above the county level shall be responsible for the management of fishing vessels within the administrative area.

    At all levels are responsible for fishery management, fishing vessel inspection agencies in accordance with the relevant provisions of the State and province, imposed on fishing vessel specific supervision and management.

    Article fourth fishing vessel owner is the direct responsibility of fishing vessel safety, and security measures should be taken, and ensure the safety of navigation and operation of the fishing vessel.

    Article fifth fishery administrative departments of the people's Governments above the county level, the implementation of mandatory inspection system shall ensure that the fishing vessel.

    Fishing vessel owners in accordance with State provisions applying to the fishing vessel inspection bodies on the fishing vessel for the first time test, operation inspection and inspection of the temporary.

    Article sixth for fisheries about ship navigation, job and personal and property safety and the prevention of pollution of the environment of major equipment, components and materials, in fishery ship inspection bodies shall be subject to inspection before use, inspection can be used.

    Article seventh fishing vessel inspection staff to perform their duties, can take the following measures:

    (A) the checking of fishery ship inspection certificates, design, build and ship product manufacturer qualification certificate;

    (B) inspection of a fishing vessel construction, maintenance of quality and the implementation of national provisions;

    (C) checking the technical condition, seaworthiness of fishing vessels;

    (D) other measures stipulated in laws and regulations.

    Eighth fishing ship and marine product inspection fees, in accordance with the relevant standards. Nineth fishing vessel registration system.

    Domicile shall be the owner of the fishery supervision and administration bodies at the county level to apply for fishing vessel registration did not establish fishery management bodies, at the county level or fishery administrative departments to apply for registration of fishing vessels.

    Tenth section apply for registration of fishing vessels shall fill in the application form for registration of fishing vessels, submit the following documents:

    (A) the legal proof of ownership;

    (B) the owner identification;

    (C) the fishing vessel certificate issued by fishing vessel inspection organizations;

    (D) fishing boat NET tools of ratification or waters beach culture permits. 11th County fishery management bodies or fishery administrative departments at the county level shall, within 20 working days from the date of acceptance to make decision on whether to approve and register.

    Approved and registered, shall be granted or approved name, and issued to the owner of fishing vessel registration certificate; not approved shall inform the parties in writing and state the reasons.

    12th fishing vessel registration is changed, ship-owner shall complete the fishing vessel registration form, and the fishing vessel, fishing vessel registration certificate technical certificate to the original registration organ for change registration.

    13th fishing vessel registration certificate is lost or destroyed, the owner shall be announced in the public press and hold myself ID, apply for the issuance of a certificate to the original registration organ.

    14th under any of the following circumstances, ship-owner shall apply for a fishing vessel to the original registration organ to cancel the registration, the original registration organ to recover fishing vessel registration certificate:

    (A) the transfer of ownership of ship;

    (B) fishing vessels for other purposes;

    (C) the ship scrapping or demolition;

    (D) the ship's loss or missing for six months. 15th of fishing vessel crew members practice the certified system.

    After training, job crew fishing vessel should be made is the crew certificates, non-duty crew fishing vessel certificate shall be obtained.

    16th the following conditions, fishing vessels before sailing and work:

    (A) the certificates are complete and valid;

    (B) equipped with crew by the regulation;

    (C) the ship in good condition, such as fire protection, rescue and signal equipment;

    (D) other conditions stipulated by laws and regulations.

    Article 17th fishing vessel to prohibit the following acts:

    (A) the overloading, seating capacity;

    (B) visibility do not meet safety requirements under the conditions of navigation and operations;

    (C) do not have conditions for night navigation and operations;

    (D) exceeding levels of wind resistance design navigation and operation of the ship;

    (E) the crew drinking operation;

    (Vi) other acts prohibited by law.

    Article 18th between fishing vessel, fishing vessel accidents, accident investigation and handling of fishery administrative departments at the county level, local people's Governments at the county level in accordance with the relevant provisions of the State to do remedial work.

    19th article violates these rules, any of the following acts, by the fishery administration departments at or above the county level shall be ordered to correct, and a fine of less than 200 Yuan more than 1000 Yuan.

    (A) without registration or failure navigation and operations of fisheries vessel registration certificate;

    (B) equipped with a crew of not according to stipulations;

    (C) in accordance with stipulations qualified fire protection, rescue and signal equipment.

    20th under any of the violations listed in the present article 17th (a) (ii) (iii) (iv) (v), by the fishery administration departments at or above the county level shall be ordered to correct, and a fine of less than 500 Yuan more than 5000 Yuan in serious, duty crew certificate revoked the person concerned.

    21st other acts in violation of these rules, laws, regulations, rules and another penalty from its provisions.

    22nd fishery administrative departments to fine more than 3000 and party, it shall inform the party concerned has the right to request a hearing.

    Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Article 23rd departments of fishery administration and fishery management, fishing vessel inspection staff in carrying out their duties in the abuse, neglect, or engages in, sanctions by their work units or by the competent Department constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 24th province departments of fishery Administration needed to develop small (5 metres) fishing vessel regulations. 25th article of the rules take effect on July 1, 2012.