Shanghai Municipal Fishing Ports And Fishing Vessel Safety Management

Original Language Title: 上海市渔港和渔业船舶安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340892.shtml

Shanghai municipal fishing ports and fishing vessel safety management

    (January 10, 2011, Shanghai Municipal People's Government at the 95th Executive meeting January 14, 2011, released from the Shanghai Municipal People's Government, the 59th as of March 1, 2011) Chapter I General provisions

    The first (objective basis)

    , Fishing ports and the safety of fishing vessels, in order to strengthen the management and protection of fishing port facilities, personal and property safety of fishing vessels and related personnel, in accordance with the People's Republic of China fisheries law, the People's Republic of China maritime traffic safety law and the People's Republic of China regulations on traffic safety in fishing port waters and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    This approach applies within the administrative area of the City Harbor and fishing vessel safety management.

    Fishing vessels concentrated holding points are managed in accordance with the relevant provisions of chapter II of this approach.

    Article III (definition)

    This way the meaning of the following terms:

    (A) the fishing port, is signed by the district and county people's Government named the, mainly for parking, windproof fishing vessels, loading and unloading of catches and added the artificial port of fishing materials.

    (B) fishing vessels, refers to the fishing port supervision and registration of ships engaged in fishing activities.

    (C) fishing vessels concentrated holding point, refers to fishing vessel parking bays.

    Fourth (Administration)

    City and county governments should strengthen the fishing port and fishing vessel safety leadership, implement regulatory responsibilities, the implementation of fishing ports and fishing vessel safety responsibility system.

    Agricultural administrative departments in charge of the municipal fishing ports and fishing vessel safety supervision and management, specific work carried out by fishing organizations to which they belong. District and county administrative departments in charge of agriculture within the administrative area of the fishing port supervision and management and the safety of fishing vessels.

    Township people's Government shall assist the district and county administrative departments of agriculture within their jurisdiction fishing and fishing vessel safety supervision and management work.

    Production, development and reform, planning, transport and port, marine, frontier defense, fire, marine, water supply, quality and technical supervision administration according to their respective responsibilities, coordinate the implementation of these measures.

    Fifth (day-to-day management)

    City and district agricultural Administrative Department, fishing port supervision authorities and other departments should be within the scope of statutory duties, perform security functions of supervision, found that acts in violation of fishing and fishing vessel safety management requirements, should be processed in a timely manner.

    Sixth (the reporting system)

    Fishing port supervision and institutions should establish a reporting system, public telephone, mail or e-mail address to receive reports on fishing and fishing vessel safety violations; before the tipoff after investigation and verification, written materials shall be forming; need to implement corrective measures, should be urged to implement.

    Chapter II fishing port security management

    Seventh (special planning of fishing port)

    Agricultural administrative departments shall, in accordance with economic and social development planning and fisheries development, in conjunction with the development and reform, transportation, ports, maritime and other departments and district and county people's Governments prepare fishing port planning, balanced by the urban planning Administration Department, reported to the municipal people's Government for approval, into the corresponding urban and rural planning.

    Fishing special plans shall comply with the marine function zoning, urban planning and land use planning, and links up with the overall planning of ports.

    Eighth (fishing port facilities)

    Port should be set to the following facilities:

    (A) terminals as well as fire fighting, power supply, lighting and other facilities;

    (B) guide the navigation of fishing vessels access to fishing ports;

    (C) monitoring of fishing vessels access to fishing ports and port facilities;

    (D) disaster receive and broadcast information, such as meteorological and oceanographic facilities;

    (E) in accordance with the relevant provisions of the State and this municipality should set other facilities and equipment.

    Nineth (fishing port construction) District and county people's Government shall, in accordance with the fishing port planning and related normative Organization building a fishing port and be named.

    Fishing harbor construction project approval and implementation of fishing port construction funds, in accordance with the relevant provisions of the State and this municipality.

    Completion of the fishing port, district and county administrative departments of Agriculture fishing should be the name, geographical location, Hong Kong land-locked domain and scope of water four to information submitted to the municipal departments of agriculture administration, city traffic Administrative Department is responsible for filing communications port, maritime and other sectors.

    Tenth (port security management) District and county administrative departments of agriculture district and county people's government organizations implement management responsibility for port security, assign responsibility for site management and facilities maintenance.

    Port operator, the operator is the first person of fishing safety.

    Fishing port in the other production units, the units should strengthen safety production management, and take responsibility for the safety of the unit.

    Fishing port supervision agencies should strengthen the fishing port supervision; found fishing port facilities are incomplete or there are security risks should be dealt with in a timely manner in conjunction with district and county people's Government.

    11th (prohibited acts in the fishing port)

    Fishing prohibited within the area of the following acts:

    (A) the tether ropes or other items in the navigation;

    (B) disposal of waste ships or other marine equipment;

    (C) seize or damage fishing port facilities;

    (D) obstruct traffic safety of fishing and aquaculture production;

    (E) may endanger the safety or impede the safety of ships in and out of port and fishing harbor of other acts.

    12th (loading and unloading of dangerous goods) Working in the fishing ports of loading and unloading of dangerous goods should be directly related to fisheries, and comply with the provisions of the State and the municipality on management of dangerous goods.

    Owner shall, within 3 working at present, apply to fishing oversight bodies, together with the name, quantity, type of dangerous goods, and other related materials. Fishing harbour Office shall review within 24 hours after the acceptance of the application and whether to approve the decision of the loading and unloading.

    Approved in the fishing ports of loading and unloading of dangerous goods in the parties, should be subject to fishing agencies to direct.

    13th (fire operation within the fishing port) Hot work such as welding in a fishing port, shall comply with the fire supervision and management of the relevant provisions of the State and the municipality, with the necessary fire-fighting equipment, specialists are responsible for fire protection, and prior reports and fishing harbor supervision agencies.

    Fishing port supervision and institutions should send staff to supervise and inspect the work site.

    14th (in the fishing port of NOTAM)

    Any of the following circumstances, fishing port supervision agency shall issue a notice to Mariners:

    (A) the fishing port in the Setup, removal, alteration, change or restore the AIDS to navigation;

    (B) found in fishing port waters or navigational danger of sinking and salvage, wreck removal, or navigational danger;

    (C) other circumstances that might affect navigational safety within the fishing port.

    NOTAM shall be clearly stated could affect fishing ships, time, place, navigation areas and related considerations.

    15th (centralized mooring of fishing vessel safety management)

    City planning administrative departments should prepare fishing port at the same time, determine the layout of fishing vessel centralized mooring and regularly to evaluate its condition, adjust the layout.

    District and county people's Governments for holding point fishing vessel set for crew of fishing vessels equipped with devices and facilities such as fire safety, lighting, bollard, and district and county administrative departments of agriculture to determine on-site management and facilities maintenance liability.

    Fishing port supervision agencies should strengthen the centralized mooring of fishing vessel inspections, spot checks found facilities are incomplete or there are security risks should be dealt with in a timely manner in conjunction with district and county people's Government.

    Chapter III fishing vessel safety management

    16th (airworthiness requirements for fishing vessels and safety check)

    Fishing vessels shall be equipped with traffic lights, navigation, size, life-saving equipment such as fire-fighting, emergency alarm and reported to the ship inspection according to state regulations, remain in a seaworthy State. Fishing ports oversight body for fishing vessels entering and leaving port to handle visa, ships should be security checks.

    Does not meet the safety requirements, fishing shall advise the corrective measures, and recorded; after rectification in accordance with provisions of the visa.

    17th (fishing vessel sailing job requirements)

    Fishing vessel navigation and operations, shall comply with the water navigation, collision avoidance and other related rules.

    Fishing vessel shall not exceed the approved area of sail or overloaded sail, not in the fairway, anchorage, prohibited areas, control areas and hazardous areas engaged in fishing operations.

    18th (the security responsibilities of fishing vessel owners and operators)

    Fishing vessel owners or operators of fishing vessel safety management of responsibility, shall ensure that the fishing vessel equipment equipped, complete the crew in accordance with regulations to ensure that fishing vessel in a seaworthy State.

    19th (Captain's safety responsibilities)

    Fishing vessel during the navigation, operations, parking, the master shall arrange for staff to keep watch, always check the position changes, and timely and truthfully fill out the logbook records; water safety accidents due to violation or negligence of the captain as the persons directly responsible.

    Captain found the fishing vessel may be a security risk, should be submitted to the owner or operator; ship-owner or operator refusing to deal with, the captain has the right to report to fishing oversight bodies.

    Captains have the right to refuse to carry out ship-owner or operator may endanger the safety of fishing vessels and personnel directives.

    20th (the qualifications and requirements for the safe operation of the crew)

    Crew members should be trained, obtain the appropriate fisheries after certificate of competency certificates, professional training, before the boat work.

    Crew procedures shall comply with the fisheries production jobs, water operations should wear a life jacket.

    21st (fishing vessel fleet of production)

    The city encourage fishing vessel production job type formation.
Formation of fishing vessels should be at the same time, keep in touch during the navigation and operations; or in distress when the accident occurred, formation leader shall organize and direct the formation of other fishing vessels to carry out mutual rescue.

    Fishing vessel formation, formation leader, information from fishing vessel village village where Township people's Government for the record, the Township people's Governments shall apply to fishing bodies and inform the district and county administrative departments of agriculture record information.

    Fishing agencies and district and county administrative departments of agriculture should regularly contact the formation leader, learn about fleet fishing vessel.

    Chapter fourth safeguard

    22nd (safety training)

    Agricultural administrative departments shall organize, district and county administrative departments formulate annual plans for fishery production safety training, periodic organization of fishing vessel owners, operators and crew training.

    23rd (emergency plans and walkthroughs)

    City and county administrative departments should formulate fishing and fishing vessel emergency contingency plans, clear mechanism of prevention and early warning, emergency, rescue, and so on.

    Fishing port supervision agencies should guide the fishing vessel owners or operators to develop fishing vessel emergency response measures, organize crews to participate in emergency drills on a regular basis.

    24th (disaster)

    City agricultural, meteorological, oceanographic and other departments shall establish a sound disaster monitoring and early warning mechanisms for information sharing, improving disaster warning information broadcast facilities, ensure disaster warning information broadcast channels.

    Fishing harbour, meteorological, Marine Department, received the typhoons, storm surges and other weather and marine disaster forecasting, after the alert, it should be immediately sent to the fishing vessel and, if necessary, notify its work, boot into the fishing port, anchorage for safe shelter.

    Typhoons, storm surges and other weather and marine disaster alert was issued to the disarmament period, district agricultural Administrative Department of oversight bodies should be strengthened and fishing port and fishing harbor in the shelter of the duty and safety inspections, eliminating security risks. Typhoons, storm surges and other weather and marine hazard warning removed, Captain of the ship should be conducting security checks, in recognition of its facilities and equipment meet safety requirements before they can sail.

    Fishing port supervision bodies should guide ships ordered out of the port.

    25th (distress assistance)

    Fishing vessel in distress or an accident on the water, and shall take effective measures to save themselves, and immediately sent a distress signal.

    Fishing agencies receiving fishing vessel distress signals, shall immediately inform the maritime search and rescue agencies information, trying to establish communication with the vessels involved, initial checks of danger, command ships and fishing vessels in the vicinity of the parties themselves and each other to save. Fishing agencies of danger and should be informed on disposition of city and district and county administrative departments of agriculture.

    Municipal and County departments of agriculture administration shall organize forces involved in maritime search and rescue agencies should organize and coordinate search and rescue operations.

    26th (safety information)

    Promote the construction of fishing ports and fishing vessel safety in the city, a marine communications, security monitoring, emergency rescue, disaster information management.

    Agricultural administrative departments should be fishing and fishing vessel safety working for unified planning, and district and county administrative departments of agriculture-related information system construction and operation management.

    The municipal fishing ports and fishing vessels shall comply with the requirements is equipped with information on equipment, and ensure the normal operation of the equipment.

    27th (support for the renovation and transformation of fishing vessels) Units and individuals to reach a certain age renovation of fishing vessels, in accordance with the relevant provisions of this city and enjoy subsidies and other preferential policies.

    Specific measures formulated by the agricultural Administrative Department, together with the municipal financial department.

    Agricultural Administrative Department shall be in accordance with the requirements of safety, energy saving, environmental protection, organization of standardization design drawings of the fishing vessel, fishing vessel, and free of charge to the renovation of units or individuals.

    28th (fishery security insurance)

    City and district and county administrative departments of agriculture should be based on national and municipal agricultural insurance policy, implementation of fisheries production-related personal or property insurance policy.

    The fifth chapter legal liability

    29th (administrative liability)

    District and county people's Government, municipal and district agricultural Administrative Department, fishing port supervision authorities and other departments who violate these rules, abuse of power, negligence, malpractice, and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

    30th (of punishment for engaging in prohibited in the fishing port)

    In violation of these regulations section 11th second item, third item, disposal of waste ships or other marine equipment, or seize or damage fishing port facilities, the fishing port supervision agency shall order restitution, and a fine of 500 Yuan and 3000 Yuan fines; refused to restore the status quo ante, by fishing agencies do, required the violator's expense.

    In violation of these regulations section 11th provisions of the fourth and fifth, obstruct traffic safety of fishing and aquaculture production, or may endanger the fishing port security, obstructing the safety of ships in and out of the fishing port of other acts, by fishing agency ordered corrective action, and a fine of 500 Yuan and 3000 Yuan fine.

    31st (punishment for violation of the requirements of the loading and unloading of dangerous goods)

    Violation of these measures article 12th, unauthorized fishing within the loading and unloading of dangerous goods, or the loading and unloading process not subject to fishing agencies to direct, by fishing agency fined 500 Yuan and 3000 Yuan fine.

    32nd (penalties for violating fire operation required in the fishing port)

    Violation of these measures article 13th, fire working in the fishing port is not equipped with the necessary fire equipment or failing to arrange specialist is responsible for fire and other works, by fishing agency ordered corrective action and can be fined a maximum of between 1000 and 500 Yuan.

    33rd (the penalties for breaches of navigation requirements)

    Violation of paragraph II of this article 17th, or overloading of fishing vessel exceeds the approved area navigation navigation, or channel, anchorage, and prohibited areas, control areas and hazardous areas engaged in fishing operations, more than 500 by the fishing agency fined a maximum of 2000.

    34th (penalties for violations of water safety requirements)

    Disobey 20th article stipulates that the fishing vessel crew water job was not wearing a life jacket, by fishing agency ordered corrective action and Captain can be fined a maximum of more than 100 Yuan 1000 Yuan.

    35th (punished in accordance with other provisions of the)

    Other acts in violation of these regulations, and other laws, regulations, rules and penalties, in accordance with the provisions of the relevant laws, rules and regulations will be punished.

    The sixth chapter supplementary articles

    Article 36th (execution date) These measures shall take effect on March 1, 2011.