Hebei Provincial Maritime Search And Rescue Provisions

Original Language Title: 河北省海上搜寻救助规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264104.shtml

Hebei provincial maritime search and rescue provisions

    (April 12, 2010, Hebei provincial people's Government, the 57th Executive meeting April 13, 2010, Hebei Province [2010] the 3rd release as of May 20, 2010) Chapter I General provisions

    First to promptly and effectively carry out maritime search and rescue, safety of life at sea, protection of the marine environment, in accordance with the People's Republic of China maritime traffic safety law and the People's Republic of China emergency response provisions of law and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article apply to the provincial maritime search and rescue responsibility for maritime search and rescue and related activities in the region.

    Article referred to in the provisions on maritime search and rescue (hereinafter referred to as search and rescue at sea), refers to vessels and installations, aircraft and persons in distress at sea, as well as other activities, or may result in marine casualties, the marine pollution emergency, maritime search and rescue Center organized search and rescue forces, search and rescue of persons in distress, and pollution control activities.

    Fourth sea search-and-rescue people with maritime search and rescue capacity of the units and individuals have the obligation to participate in search and rescue.

    Right to a free rescue persons in distress at sea.

    Article fifth maritime search and rescue of government leadership, unity of command, grade management, the principle of territoriality, fast and efficient, persist in combining national professional assistance, social assistance, rescue and he simultaneously.

    Article sixth people's Government above the county level shall strengthen leadership of the maritime search and rescue work, establishing emergency rescue system, improve the marine emergency response mechanisms and improve maritime search and rescue capabilities.

    Chapter II Organization and function

    Article seventh provincial people's Government, the establishment of the units to participate in the provincial maritime search and rescue Center, the provincial maritime search and rescue Center Office is located in the province of national maritime administrations.

    District city people's Government set up the units taking part in established coastal, maritime search and rescue Center, Office of maritime search and rescue Center, located in the district where the city's national maritime authority.

    , Maritime search and rescue responsible area of the coastal district, drawn by the provincial maritime search and rescue centre programme, approved by the provincial people's Government announced, and reported to the State maritime search and rescue Center for the record.

    Article eighth maritime search and rescue Center responsibilities include:

    (A) the implementation of relevant laws, regulations, rules and policies of the maritime search and rescue, to accept maritime search and rescue Center operational guidance;

    (B) development of maritime search and rescue contingency plan;

    (C) the development of maritime search and rescue budget;

    (D) specify the maritime search and rescue forces;

    (E) organizing, coordinating, conducting maritime search and rescue operations;

    (F) Organization of search-and-rescue exercises, exercises and related training;

    (VII) cooperation with other search and rescue search and rescue centre;

    (H) coordinate and guide the Member units to strengthen maritime search and rescue to monitor early warning infrastructure, building Member information-sharing mechanisms;

    (IX) other duties stipulated by laws, rules and regulations.

    Nineth maritime search and rescue Center should be based on the higher maritime search and rescue contingency plan, combined with local conditions, preparation of emergency response plan for maritime search and rescue, the people's Governments at the corresponding level for approval.

    Maritime search and rescue centre member units shall, according to the emergency response plan for maritime search and rescue, develop specific implementation programmes, marine search and rescue Center in the class record.

    Article tenth people's Government above the county level transportation, finance, health, fisheries, civil affairs, meteorology, environmental protection, marine, police, work safety supervision and management departments, should be based on maritime search and rescue emergency or marine rescue work in the level shall determine the duties.

    Medical institutions, communications, insurance, shipping, civil aviation, ports and other enterprises, institutions and individuals concerned should assist cooperation with the maritime search and rescue work.

    11th National Professional rescue forces, Government-owned corporate rescue force, others can be put into action the civilian ships and aircraft as well as enterprises, social organizations, individuals and other social resources, both human and material, are maritime search and rescue force should be subject to maritime search and rescue coordination, command centers, participate in maritime search and rescue and other emergency operations and related activities.

    Chapter early warning and risk report

    12th meteorological, oceanographic monitoring Department shall be requested by the maritime search and rescue Center to provide timely marine meteorological, hydrological and other information.

    Relating to maritime search and rescue Center members should study and analyze information of possible emergencies at sea, timely dissemination of early warning information targeted to prepare for maritime search and rescue work.

    Units engaged in maritime activities, vessels, facilities and personnel should pay attention to receive various types of early-warning information, and depending on the alert level and take appropriate preventive measures.

    13th ship, facilities, aircraft or person is in distress at sea, shall be reported immediately to the nearest maritime search and rescue Center.

    Other units, vessels, facilities, aircraft or personnel to learn maritime distress information, shall promptly report to the nearest maritime search and rescue Center.

    Coastal areas, maritime search and rescue Center setting "12395" maritime search and rescue private telephone.

    14th danger report should as far as possible contain the following:

    (A) a danger time, place, cause, present situation and the measures taken, the assistance requested;

    (B) ships, installations or aircraft in distress and its owner, the names and contact information of the operator;

    (C) the number of persons in distress, nationality, contact details and casualties;

    (D) the loading of the ship in distress situations, including the name, type and quantity of goods;

    (E) danger marine weather and sea state information, including wind power, wind, direction and velocity of waves, tides, water temperature, high;

    (F) pollution leaks, water pollution and other emergency information. 15th no unit or individual is allowed to lie about, or deliberately exaggerating the danger.

    Danger of false positives, shall be reported immediately and take measures to eliminate the effects.

    After 16th danger, ships in distress, facilities, aircraft and its personnel shall take all effective measures to actively help themselves.

    Ships in distress, and self-help facilities, aircraft and personnel out of danger, it shall immediately report to the maritime search and rescue Center.

    The fourth chapter in search and rescue operations

    After 17th danger maritime search and rescue Center received the report shall immediately verify the danger and distress levels start emergency response plan for maritime search and rescue in a timely manner.

    Distress in the maritime search and rescue within their area of responsibility, maritime search and rescue Center should be under distress and relief requirements to organize search and rescue operations at sea and maritime search and rescue contingency plan requires up-level maritime search and rescue Center and the people's Governments at the corresponding level reports.

    Danger is not covered by the maritime search and rescue within their area of responsibility, maritime search and rescue Center immediately to inform the danger of maritime search and rescue Center, and the up-level maritime search and rescue Center reported.

    18th marine risk is divided into general, larger, serious and extremely serious levels, all levels of emergency disposal on national and provincial regulations by the appropriate responsible for maritime search and rescue Center.

    Superior maritime search and rescue Center to organize, coordinate and direct the search-and-rescue operations, maritime search and rescue Center at lower levels shall actively cooperate with and assist.

    Article 19th of maritime search and rescue responsibilities should be subject to maritime search and Rescue Centre coordinated command, sent a search and rescue forces to participate in search and rescue operations in a timely manner.

    20th marine search and rescue forces should by search-and-rescue command prompt search and rescue operations and maritime search and rescue Center report search and rescue orders issued its communication way, sent out and arrived on the scene and began search and rescue search and rescue operations shall promptly report the progress.

    21st a danger to nearby vessels and installations, aircraft or personnel rescue instruction, distress signal is received or when the person is in distress, in less serious cases of danger to their own safety, should make every effort to rescue persons in distress.

    22nd the command of maritime search and rescue is carried out by maritime search and rescue Center or its designated for command on the spot, before the command is not specified by the first search and rescue forces arrived at the scene of danger assumed command.

    Direct to coordinate search and rescue operations on the ground, implementation of the maritime search and rescue search and rescue command center and timely reports to the site and search results.

    Search-and-rescue vessels, facilities, aircraft, units and personnel should be subject to direct coordination and command, no unit or individual may obstruct the direct coordination of maritime search and rescue operations on the ground and command.

    Article 23rd ship in distress, facilities, aviation and its personnel shall cooperate with the maritime search and rescue operations.

    Personnel refused to accept help when in distress, in order to ensure the safety of persons in distress and rescue parties and, if necessary, direct the right to decide on the ground forced bailout. Article 24th by objective conditions such as weather, sea conditions, technical conditions of restrictions, resulting in maritime search and rescue operations could not be carried out, responsible for search and rescue Center may be suspended under the command of maritime search and rescue operations.

    After restrictions ease or lift and search and rescue operation should be restored in a timely manner.

    25th command of maritime search and rescue Center of the search and rescue operation, can make a decision to terminate the search and rescue operation under the following circumstances:

    (A) the persons in distress has been rescued or emergency has been removed;

    (B) persons in distress at the time of the air temperature, water temperature, wind and other conditions has no chance of survival;

    (C) there may be persons in distress has been searched;

    (D) water pollution hazards have been eliminated or controlled.

    Article 26th stop of the search and rescue operation, recovery and termination except by the command of maritime search and rescue Center decides, when necessary, in accordance with the provisions of the emergency response plan for maritime search and rescue, Hebei province reported to the people's Governments at the corresponding level approval decisions.

    Maritime search and rescue Center to participate in search and rescue operations at sea should be timely and informed decision on the suspension, resumption and termination of search and rescue at sea.

    27th has not been responsible for maritime search and rescue command center agreed to participate in search and rescue operation of ships, installations or aircraft are not allowed to exit the search and rescue operations.

    28th must participate in search-and-rescue force outside the province of maritime search and rescue operations, coordinated by the provincial maritime search and rescue Center.
29th marine search and rescue information search and rescue operation by the command of the people's Government or the maritime search and rescue Center to the public.

    Any unit or individual is allowed to make up, dissemination of false information about the maritime search and rescue work.

    The fifth chapter search and rescue protection

    Article 30th maritime search and rescue Center should remain on duty for 24 hours.

    Maritime search and rescue Center members and maritime search and rescue emergency duty system and communication system should be established, and maintain clear communication with the maritime search and rescue Center.

    31st above county level people's Government and maritime search and rescue Center at all levels should strengthen the publicity and education work of maritime search and rescue.

    Maritime search and rescue Center to establish a group of experts on maritime search and rescue operations, providing professional and technical advice for maritime search and rescue work.

    Article 32nd maritime search and rescue centre should organize the different hazards of maritime search and rescue exercises or drills, exercises approval of the programme should be reported to people's Governments, and report the primary maritime search and rescue Center on the record.

    33rd people's Government above the county level and their health, civil affairs, public security and other departments shall, in accordance with national and provincial regulations do remedial work of the persons in distress.

    Article 34th people's Government above the county level to carry out search and rescue operations at sea and, if necessary, can be legally required to requisition emergency equipment, vehicles, facilities, venues and other materials, production, supply necessities and search and rescue organization of production and supply of materials, requests for medical, transport and other public service organizations to provide the necessary services. After use of expropriated property, shall be promptly returned.

    After being requisitioned or expropriated property damaged, destroyed or lost, shall be given compensation.

    35th provincial and districts along the coast municipal marine rescue work should be included in the budget; a larger danger level and above sea, marine rescue work by inadequate funding, provinces, coastal districts and municipal people's Governments shall give the necessary emergency funding.

    Encourage social organizations and individuals donated to the maritime search and rescue belongings. 36th marine search and rescue Center should be in accordance with the regulations and management search and rescue funds and emergency funds.

    Maritime search and rescue and emergency funds of funds earmarked primarily for:

    (A) the daily running costs of search-and-rescue at sea and maritime search and rescue Center;

    (B) maritime search and rescue exercises, drills and related training;

    (C) acquisition and maintenance of maritime search and rescue facilities and equipment;

    (D) the award made outstanding contributions to the units in the maritime search and rescue operations and personnel;

    (E) community involved in maritime search and rescue operations search and rescue search and rescue power consumption necessary compensation.

    The sixth chapter legal liability

    37th marine search and rescue Center and other maritime search and rescue duties Department, unit staff, one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failure to provide maritime meteorology, hydrology or warning information;

    (B) not according to maritime search and rescue Center instructions sent search-and-rescue force to the maritime search and rescue operations in a timely manner;

    (C) failure to establish emergency duty system and communication system;

    (D) failure to take part in maritime search and rescue exercises, drills;

    (E) other duties, does not obey the command, passivity, delayed causing great losses.

    Article 38th in violation of the provisions of the second paragraph of article 15th, 16th, in addition to its search-and-rescue costs resulting therefrom, by the maritime administrative agency in a warning, and to a fine of less than 1000 Yuan.

    39th in violation of paragraph III of this article 22nd, 27th, as plots in a warning, by the maritime administrative agency, fined not more than 1000 Yuan, and law to withhold the ship, facilities of competency certificate or any other certificate of competency from three months to six months.

    40th article in violation of the provisions of the second paragraph of article 29th, ordered to remove by the maritime search and rescue Center, and recommends that the competent department or unit to which it belongs to the person responsible shall be investigated for criminal responsibility activities contravening public security management, the public security organs shall be punished.

    The seventh chapter by-laws

    41st administrative areas of this province, inland search and rescue work in the light of the provisions of the navigable waters.

    42nd participate in maritime search and rescue operations of the people's Liberation Army, people's armed police force, according to the relevant State provisions. 43rd article of the regulations come into force on May 20, 2010.