Hainan Sea Fishing Vessel Safety Regulations

Original Language Title: 海南省海洋渔船安全生产管理规定

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Hainan sea fishing vessel safety regulations

    (November 3, 2008, Hainan Provincial people's Government at the 17th Executive meeting November 6, 2008, Hainan Provincial people's Government promulgated as of December 1, 2008, No. 218) first in order to strengthen safety production management of marine fishing, protect the legitimate rights and interests of fishing vessel owners, operators and fishermen's lives and property safety, promote the development of fishery economy in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    The second coastal city and county people's Governments at various levels shall strengthen the leadership of marine fishing vessel safety, responsible for monitoring the implementation of security, to take effective measures to safeguard the marine fishing vessel safety, implement accountability mechanism for marine fishing vessel accidents.

    Fishing vessel owners or operators of fishing vessel safety overall responsibility, the captain directly responsible for the safety of the vessel and its crew.

    Third provincial fishery administrative departments in charge of marine fishing in the province work safety supervision and inspection work.

    Coastal city fishery administrative departments in charge of work safety supervision and management of the marine fishing vessels within their respective jurisdictions.

    Safety, maritime, border, weather and other relevant departments according to their respective duties, law on marine fishing vessel safety.

    Fourth on marine fishing vessel safety in the people's Governments above the county level of outstanding units and individuals, recognition and rewards.

    Article fifth manufacturing, renovation, purchase and imported fishing should apply to the relevant authorities in accordance with law of the sea fishing vessel inspection, vessel registration and fishing licenses and other documents.

    Sixth boat design, manufacture and renovation of unit should conduct the qualification, obtain the appropriate credentials.

    Seven boats have the following conditions before travel and work:

    (A) a fishing vessel inspection certificate, registration certificate and fishing licenses;

    (B) in accordance with the provisions are equipped with fire-fighting and rescue, communications, AIDS to navigation, weather information receiving devices, safety equipment, and in good condition;

    (C) the duty crew holds a corresponding duty crew certificate, crew holding a training certificate;

    (D) flashing in accordance with regulations, vessel name, vessel, port;

    (E) adequate nautical charts and other nautical publications;

    (Vi) other conditions stipulated by laws, rules and regulations.

    VIII article fishing should equipped with radio communications equipment, non-steel quality ship captain 15 meters above, and steel quality ship captain 12 meters above or host power 44.1 kW above of fishing equipped with unilateral with radio, and radio radio and satellite navigation, equipment; non-steel quality ship captain 15 meters following, and steel quality ship captain 12 meters following, and host power 44.1 kW following of fishing equipped with radio radio or other mobile communications equipment.

    Nineth fishery administration departments at or above the county level shall be in accordance with the relevant standards and regulations, planning, construction and management work in this area fishery radio.

    Has set up a fishery radio station of township and village (neighborhood) Committee shall establish and improve the system on duty, passed the safety of fishing vessels, and meteorological information in a timely manner, provide services for fishing vessel safety.

    Article fishing vessel owners or operators of fishery safety shall perform the following duties:

    (A) establish and improve the responsibility system for production safety;

    (B) organize the implementation of national safety rules and safety regulations;

    (C) to strengthen the administration of production safety, eliminate potential accidents in a timely manner;

    (D) for crew safety education and education of foreign-related laws and regulations;

    (E) organizing emergency response training and exercises;

    (Vi) faithfully and promptly report accidents, and distress.

    Crew members at sea during the operation, shall comply with the fishing safety rules and safety regulations, subject to management, proper protective equipment wear and use fisheries job.

    Crew member has the right to correct comments on the fishing vessel safety risks exist, in front of the safety hazard is not ruled out, may refuse to ship operations.

    11th fishing boat owners or operators should personal injury insurance scheme for sea fishermen.

    Governments at all levels to take measures such as subsidies to encourage fishing boat owner or operator sea fishermen to purchase personal injury insurance and property insurance for fishing vessels.

    12th fishing should be introduced to help (Group) production systems, with the help (s) fishing boats have a mutual rescue responsibility.

    Fishing boats to help (the Group) fishing practices can be organized, work area, in township series (groups), the village (neighborhood) Committee will organize the implementation.

    Fishery production enterprises owned fishing boat made by the enterprise itself (groups) operate at sea.

    13th fishing boat (groups) operate at sea should be done with the help (Group) ship with a peer, fishing boats are not allowed to take off (Group), is absolutely necessary to take off (Group) shall be made to the (Group), ship's captain and the village (neighborhood) Committee's report.

    With the help (Group) when fishing operations during the voyage or, you should keep a distance of 5 nautical miles; more than 5 nautical miles shall be made to the (set of) developments and to keep communications open.

    14th during the fishing operation, (Group) the master shall maintain communications with the respective fisheries radio per day, scheduled reports (Group) dynamics of fishing vessels; violation of (Group) production of fishing vessels shall be ordered to correct, suggest punishment on illegal fishing boats make the relevant departments.

    15th fishing boat navigation, operation and anchorages shall comply with the international regulations for preventing collisions at sea, and relevant State provisions relating to maritime safety and fishing to avoid traffic. 16th fishing fishing boat accidents or distress should be sent a distress signal, the nearest coast station, or maritime search and rescue Center of fishery and fishing harbor supervision authorities, units receiving the report, shall coordinate and organize relief.

    Prohibits false, panic, accidents or danger. Ships in the waters near the accident receives a distress signal, without jeopardizing their security situation, shall take the initiative to rescue people and boats.

    Involved in the rescue of persons in distress and fishing vessels, shall be rewarded.

    Provincial people's Government to set up special fund for maritime search and rescue, specific measures for the management of the special funds, by the financial Department of the province, together with the relevant departments.

    17th occur collisions between boats or fishing boats and other ships, the parties concerned shall inform each other of the ship name and port conditions; in the case of no danger to their own safety, the vessels involved, should be actively trying to rescue ships and personnel, not allowed to leave the scene of the accident.

    Fishing vessel collisions with fishing vessels should be required to report to the fishing port supervision authority, under investigation and handling of the fishing port supervision authorities.

    Fishing vessel collisions with other ships should be required to report to the maritime administrative agency, accept the investigation and handling of maritime administrative agency.

    18th prohibits fishing beyond the authorized area and anti-wind sailing or offshore.

    Fishing operations at sea receive waters, strong winds of tropical cyclone alert, should be based on the actual situation or the relevant administrative authority requirements, response, leaving the affected area or return to Hong Kong typhoon shelter nearby.

    Help (Group) the captain should be organized with the help (Group), fishing shelter, pledge to help (Group) the safety of fishing vessels in tropical cyclone, winds.

    19th Lee fishing boat after arriving at the port, the captain to his Township people's Government, the village (neighborhood) or is a member of the Board enterprise and local fishing authorities to return to Hong Kong typhoon shelter of the situation.

    Township people's Government, the village (neighborhood) Committee should be statistical number of fishing boats and fishermen to return to Hong Kong typhoon shelter, timely, accurate to a coastal city and County fishery administrative departments and the relevant departments to submit fishing boats back to port shelter.

    Banned fishing in the Meteorological Department outstanding tropical cyclones, strong winds sailing before the alert.

    20th fishing vessels fishing should apply to the local fishing authorities and Hong Kong visa to undergo a security check.

    21st fishing vessels when berthed in the fishing port, should be parked in the designated parking areas, such as wind, fire, theft and anti-fouling work, and arranged for the crew on duty.

    22nd prohibited fireworks in the harbor and carrying out hot work; fire operation is to be done shall be approved by the local fishing port supervision authority. 23rd prohibits unauthorized passengers and fishing vessels engaged in cargo transport.

    Temporary passengers, should apply for inspection, and handle the relevant certificates.

    24th article violates these provisions, without legal qualifications or exceeds the grade qualifications approved fishing vessel design, manufacture, alteration, shall be ordered by the coastal city fishery and fishing harbor supervision for correction within; it fails to eliminate them, and to a fine of up to 5000 Yuan and 30,000 yuan.

    25th in violation of this provision, any of the following acts, by coastal city fishery and fishing harbor supervision organs to captain or persons between 1000 and 500 Yuan Yuan the following fines:

    (A) in accordance with stipulations (Group) production or deserted their help (in the Group);

    (B) help (s) fishing vessels did not report as required (set) dynamics of fishing vessels;

    (C) in the case of no danger to their own safety, the ships in distress and rescue;

    (D) the close communications equipment without authorization;

    (E) making a false report, reported accidents or danger;

    (F) receive tropical cyclones, strong wind warning is not required to leave the affected area or return to Hong Kong typhoon shelter nearby, as well as in tropical cyclone, gale warning prior to the termination of the sea operations.

    26th a violation of this provision, any of the following acts from coastal city fishery and fishing harbor supervision organs of the fishing vessel owner or operator fined 2000 Yuan and 10,000 Yuan:

    (A) is not in accordance with the regulations for fishing vessels equipped with the radio communication equipment;

    (B) is not required to discharge the responsibilities of fishing vessel safety.

    27th departments of fishery administration of fishery and fishing harbor supervision and office workers in the marine fishing vessel safety management in dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    28th article on administrative organs in accordance with the provisions of the administrative punishment is dissatisfied, may apply for administrative reconsideration or bring an administrative suit.

    Article 29th of this provision "above" contains the number, "" does not contain this number.

    30th the specific problems in the application of these provisions, interpreted by the provincial fishery administrative departments. The 31st article of the regulations come into force on December 1, 2008.