Offshore Fishing Regulations

Original Language Title: 远洋渔业管理规定

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(April 18, 2003, the Ministry of Agriculture announced 27th) Chapter I General provisions article to strengthen the management of offshore fishing, maintaining national and offshore fishing enterprise and the legitimate rights and interests of employees, the protection and rational use of marine fishery resources, promote sustainable and healthy development of offshore fishing, in accordance with the People's Republic of China fisheries law and other relevant laws, administrative regulations, this provision is enacted.     Offshore fishing in these rules in article, refers to People's Republic of China citizens, legal persons and other organizations to the high seas and sea areas under the jurisdiction of other States engaged in marine fishing, as well as a complete set of processing, supply and transportation of fishery activities, but is not included into the Yellow Sea, the East China Sea and South China Sea in fishing activities.     Article III Ministry of Agriculture responsible for offshore fishing jobs nationwide, is responsible for the planning, organization and management of the national offshore fishing, offshore fishing enterprise in conjunction with the other relevant departments implement relevant regulations of the State and supervise the implementation of policies.     The provincial fishery administrative departments responsible for the administration of offshore fishing in planning, organization and supervision.     The fourth Department of agriculture imposed on offshore fishing project approval management and accreditation system, and to supervise the offshore fishing vessels and crew management. Second chapter ocean fisheries project application and approval fifth article while has following conditions of enterprise, can engaged in ocean fisheries, application carried out ocean fisheries project: (a) in China business administration sector registration, has independent corporate qualification; (ii) has for engaged in ocean fisheries of legal fisheries ship; (three) has bear project operation and accident risk of economic strength, funding letter good; (four) has known ocean fisheries policy, and related legal provides, and     Foreign and more than 3 years of offshore fishing production and management experience in professional management personnel, (v) within 3 years prior to the application not abolished Ministry of agriculture ocean fishery Enterprise qualification records; main heads and project leaders within 3 years prior to the application are not in offshore fishing enterprise of the enterprise was cancelled by the Ministry of agriculture as the main lead and the project owner's records. Article in accordance with the provisions of article fifth condition of enterprise application projects of offshore fishing should be adopted by the provincial people's Governments in charge of fishery administration departments, fishery administrative departments of the people's Government at the provincial level for examination and approval of agriculture for approval.     Enterprises directly under the Central Government directly reported to the Ministry of agriculture for approval. Article seventh when applying for offshore fishing project, shall submit the following materials: (a) the project application report.     Applications should include the enterprise's basic situation and conditions, project organization and management planning, offshore fishing project undertaken (if any) of the content, and fill in the information form of applications for ocean-going fisheries project (see annex).     (B) copy of business license and bank credit.     (C) feasibility study of the project.     (D) the exclusive economic zone operations to other countries, provided with foreign cooperation agreements or other government departments agree that fishing certificate, my host country (consulates) views of operating on the high seas, of the completed application for high seas fishing permit (see annex II). (V) to send fishing vessel ownership registration certificate, (nationality) certificate, ocean-going fishing vessel inspection certificate (or an inquest report) and a copy of the original (copy verified as correct by the provincial-level people's Governments in charge of fishery administration departments and stamped upon the Ministry of agriculture). Is manufacturing, and update transformation, and acquisition or imports of professional ocean fishing, needed while provides Ministry of agriculture fisheries ship network tool index instruments of ratification copies; is non-professional ocean fishing (has domestic effective fisheries fishing license production engaged in ocean fisheries of fishing), needed while provides domestic marine fisheries fishing license copies; is imports fishing, needed while provides national electromechanical import and export Office approved file; is agent or rental domestic other enterprise or personal of fishing,     Required submission agent or tenancy agreement under the provisions of the eighth article.     (Vi) other materials as required by the Ministry of agriculture.     The eighth enterprise application project agents all mainland fishing vessels or lease non-enterprise projects of offshore fishing, shall, together with the agent or rental fishing boats all entered into an agreement and clear commitment to project management in the agreement, fishing boats and crews and incident management, fishing disputes and other obligations. The Nineth Department of agriculture received in accordance with the provisions of article seventh ocean-going fisheries project application, within 15 working days to make a decision on whether to approve it.     Extension of decision the special circumstances so require, shall promptly inform the applicant reasons for extension of decision.     After examination and approval of offshore fishing project application, the written notice to the enterprise application project and the Ministry of agriculture provincial fishery administrative departments of the people's Government with a copy to other relevant departments under the State Council.     Engage in fishing operations on the high seas, the Ministry of Agriculture approved an offshore fishing industry project at the same time, issue a permit for fishing on the high seas.     Following a review of rejected projects of offshore fishing, the Ministry of Agriculture decided to notify the enterprise application project and reason for writing.     After approval from the Ministry of agriculture ocean-going fisheries project article tenth Enterprise approval documents and other relevant materials to handle ocean-going fishing vessel and crew certification procedures.     To the high seas or in sea areas under the jurisdiction of other States of non-professional offshore fishing vessels engaged in fishing operations, before leaving the marine fishing license should be returned to the original issuing authorities staging.     11th to the sea areas under the jurisdiction of other States engaged in fishing offshore fishing project commenced operation, enterprise project manager shall take the agriculture ocean-going fisheries project approval documents to our embassies (consulates) registration, accepted (Consulate) supervision and guidance. 12th enterprise during implementation of the project shall be promptly and accurately report to the local fishery administrative departments of the people's Government at the provincial level the following, summarized by provincial departments of fishery administration after the Ministry of agriculture: (a) fishing vessels (given) border.     Fishing within 5 working days from the date of the entry and exit offers issued by the Marine Department of the international shipping export Bank license or of the vessel into the port speed of the service order. (B) put into operation each fishing catches, mainly varieties, output and production.     Except as otherwise provided, shall, within 6 months prior to January 10 of each year, respectively before the July 10 report, filling the information form of ocean-going fisheries project (see annex III). (C) aquatic products shipped back to catcher.     In accordance with the General Administration of customs and the Ministry of Agriculture of the offshore fishing industry enterprises shipped back to catch fish not requested that the report of the interim measures for the administration of the tax.     (D) international fisheries management organizations requested that the report of the Department of agriculture or other circumstances. 13th ocean-going fisheries project need to change operations countries (regions), job type, or sea fishing, or fishing (including the replacement of fishing vessels), should be provided with the seventh of these rules with changes that require the material relating to the content, in accordance with the procedures laid down in article sixth prior approval of the Ministry of agriculture.     Changing jobs of these countries (regions) or the sea, in addition to the seventh paragraph (d) provides materials, should also be provided my original host country (consulates).     14th after the project termination or completion, ocean fishery Enterprise shall promptly to the provincial fishery administrative departments and the Ministry of agriculture reports, and submit project Executive summary in the 30th.     Chapter III offshore fishing enterprise qualification and confirmed the 15th for the project have been approved by the Ministry of agriculture and began to implement projects of offshore fishing enterprises, the normal operating conditions of production, scrupulously abide by the relevant laws and regulations and these provisions, no serious violations, the Ministry of agriculture granted offshore fishing enterprise qualification, and the pelagic fishery Enterprise qualification certificate of the Ministry of agriculture.     Made the agriculture ocean fishery Enterprise qualification certificate of the enterprise, based on the relevant provisions of national supportive policy on offshore fishing.     16th Ministry of agriculture Enterprise qualification of offshore fishing year replacement system, imposed on offshore fishing project audit confirmation system. Application years trial of ocean fisheries enterprise should Yu annual January 15 yiqian to location provincial government fisheries administrative competent sector submitted following material: (a) Shang annual ocean fisheries project implementation situation report; (ii) ocean fisheries enterprise qualification and project years trial registration form (see schedule four); (three) Ministry of agriculture ocean fisheries enterprise qualification certificate copies; (four) fishing out (into) border situation and the proved, effective of fisheries ship ownership certificate, and nationality certificate and test certificate copies,     Issued by the public security organs of border checks of the fishing boat and crew material.     Provincial fishery administrative departments before January 31 to review comments and related material reported to the Ministry of agriculture. Department of agriculture in March 31, offshore fishing enterprise qualification and ocean-going fisheries project to confirm in writing notify the provincial fishery administrative departments, enterprises and the State Council departments concerned.     For qualified companies, renewed when the annual ocean fishery Enterprise qualification certificate of the Ministry of agriculture.     The fourth chapter of offshore fishing ships 17th offshore fishing vessels and crew members shall be approved by fishing vessel inspection departments and technical inspection, the fishing sector registered according to law and obtain the relevant certificates, in line with China's laws, regulations and administrative provisions of relevant international treaties.     Shall not be used for more than scrap age or failure to obtain the relevant certificate of fishing vessels engaged in pelagic fisheries.     18th manufacturing, renovation, acquisition, import distant water fishing vessels, should be in accordance with the fishing licensing regulation submitted to the Ministry of agriculture for approval. Deep-sea fishing entitlement for all citizens or enterprises, should be in accordance with the People's Republic of China relevant provisions of the fishing vessel registration, handling fishing vessel ownership registration cancellation in advance.     Offshore fishing enterprise fishing boat registration cancellation certificate of ownership should be reported to the Department of agriculture records.     19th ocean-going fishing vessel shall carry on board the relevant certificates, required flag.     Ocean-going fishing vessels operating on the high seas shall have the People's Republic of China nationality, hanging People's Republic of China national flag, according to the Ministry of agriculture ocean-going fisheries project approval documents and the high seas fishing permit qualified workplace, type and time frame work, conforming to the international treaties and agreements concluded or acceded to.     Offshore fishing vessels operating in sea areas under the jurisdiction of other States, should be complied with in China, the country signed a fisheries agreement and the country's laws and regulations.     Professional offshore fishing vessels not engaged in fisheries in areas under China's jurisdiction.     20th offshore fishing vessels should be filled in the People's Republic of China fishing log (see Ministry of agriculture annex 4 of the fishing licensing regulation), and accept the supervision and inspection departments of fishery administration.     21st article ocean fisheries crew should by Ministry of agriculture validation qualified of professional training institutions training, by Ministry of agriculture authorized of fishery fishing port supervision management institutions exam qualified, made People's Republic of China fisheries ship positions crew suitable any certificate (following referred to "positions crew certificate") and People's Republic of China fisheries crew professional training certificate (following referred to "professional training certificate"), and has 1 years above marine fishing experience.     Offshore fishing crews, offshore fishing enterprise and project leaders and business managers should follow the international fisheries laws and regulations and foreign knowledge, participate in the departments of fishery administration or its agencies or organizations of training.     22nd ocean fishery Enterprise shall with their offshore fishing crew or offshore fishing crew directly contracted for offshore fishing crews to handle the insurance, pay on time, protect the legitimate rights and interests of offshore fishing crew, offshore fishing crew not to charge unreasonable fees.     Offshore fishing enterprise is not allowed without a "job competency" and "training certificate" personnel as offshore fishing crews, offshore fishing crew employed shall not exceed number of crews to offshore fishing project approval document approved by the Ministry of agriculture.     23rd ocean fishery Enterprise shall, by the Ministry of agriculture ocean fisheries project approval documents, crew employment contract offshore fishing, offshore fishing crew "job competency" and "training certificate", offshore fishing crew candidates ' materials, certification for seafarers for offshore fishing crew.     The 24th offshore fishing crew before leaving the pelagic fishery Enterprise shall, in its Foreign Affairs discipline and legal education.     Offshore fishing crew abroad shall abide by the laws of the host country, regulations and provisions of relevant international treaties and agreements, respect the local customs.     Supervision and administration of the fifth chapter 25th offshore fishing enterprise legal representative and the head of the project's main offshore fishing, offshore fishing should be the implementation of projects, management of, the activities of fishing vessels and their crews responsible for and bear the corresponding legal responsibility. 26th Ministry of agriculture according to the management of ocean-going fishing vessels needed for vessel position and catch monitoring.     Ocean-going fishing vessel shall, according to the Ministry of agriculture to develop monitoring plans to install a vessel monitoring system (VMS), and are equipped with technical training certificate of crew protection system to work correctly, and provide timely, accurate information. Department of agriculture in accordance with the relevant international organizations or management needs of sending Government observers to offshore fishing vessels.     Offshore fishing enterprises and vessels have an obligation to accept observers, will bear the cost, for the work of the observers, providing aid and comfort.     27th more offshore fishing companies in the same country (region) or seas, or variety, similar operations, should establish their own mechanisms for coordination and self-discipline, accept the Association's guidance, with the relevant Government Department for coordination and management. 28th article ocean fisheries enterprise, and fishing and crew in abroad occurred foreign event Shi, should immediately truthfully to Ministry of agriculture, and enterprise location provincial government fisheries administrative competent sector and about diplomatic makes (led) Museum report, provincial government fisheries administrative competent sector received report Hou, should immediately verified situation, and proposed processing views reported Ministry of agriculture and this provincial government, by Ministry of agriculture coordination proposed official processing views notification diplomatic makes consulates.     Disaster and emergency response to major international events that require national and external negotiations, coordinated by the Ministry of Agriculture made a formal opinion, diplomatic representations to the Ministry of Foreign Affairs of embassies and consulates.     Offshore fishing enterprise and local fishery administrative departments of the people's Governments at all levels should be responsible, prompt, proper handling of Foreign Affairs. 29th offshore fishing enterprises, fishing boat or crew in any of the following offences, by the people's Governments above provincial fishery administrative departments or their respective fishery and fishing harbor supervision and administration in accordance with the People's Republic of China fisheries law and other relevant laws and regulations will be punished.     Offshore fishing enterprise of the enterprise has been made to the Ministry of agriculture, depending on the seriousness of the Ministry of agriculture and effect size, pause or cancel the qualification of their offshore fishing companies. (A) without Ministry of Agriculture approved unauthorized engaged in ocean fisheries production, or not made high seas fisheries fishing license engaged in high seas fishing production of; (ii) declared or implementation ocean fisheries project Shi hide truth, and fraud of; (three) not by Ministry of Agriculture approved of or high seas fisheries fishing license provides of job type, and places, and time production, or using disabled of gear, and fishing method for fishing, or illegal fishing rare aquatic wildlife of; (four) ocean fishing not made effective of test, and Registration and other ship certificate, or not meet ocean fishing of about provides of; (five) violation this provides recruitment or sent ocean fisheries crew of; (six) hamper or refused to fisheries administrative competent sector supervision management of; (seven) not by provides report situation and provides information, or deliberately report and provides not real situation and information of; (eight) refused to accepted Ministry of Agriculture sent of observer or hamper its normal work of; (nine) not by provides filled fishing fishing log of; (ten) occurred foreign violations event,     Cause serious adverse effects, and (11) other acts shall be punished according to law. Article 30th suspend offshore fishing enterprise of the enterprise the Ministry of agriculture, after rectification by the provincial fishery administrative departments and the Department of agriculture under examination, may be suspended for one year after the date of restoration of its offshore fishing enterprise qualification.     After the corrective phase has not qualified to review, cancelled its Ministry of agriculture ocean fishery Enterprise qualification.     31st party who disagrees with the administrative penalties for fisheries, according to the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the relevant regulations may apply for administrative reconsideration or bring an administrative suit.     32nd Department of fishery administration staff at all levels do not comply with statutory obligations, negligence, malpractice and other acts, does not constitute a crime, be sanction by the unit or by the competent authority.     The sixth chapter supplementary articles article 33rd offshore fishing vessels in these rules refers to People's Republic of China citizens, legal persons or other organizations engaged in offshore fishing activities of fishing vessels; refers to offshore fishing crew all crew members to work on ocean-going fishing vessels, including the duty crew.     Provincial government departments of fishery administration in these rules includes cities with municipal fishery administrative departments of the people's Government. 34th article of the regulations come into force on June 1, 2003.       Released on March 3, 1998, the Ministry of Agriculture of the Department of agriculture ocean fishery Enterprise qualification management regulation and released on July 20, 1999, of the pelagic fisheries management interim provisions repealed simultaneously. Schedule: application for ocean-going fisheries project basic conditions of Schedule II: Schedule III: ocean-going fisheries project fact sheet (month to month) Schedule IV: Schedule IV (continued):

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