Administrative Measures For The Fishery Production In Jiangsu Province

Original Language Title: 江苏省渔业安全生产管理办法

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Administrative measures for the fishery production in Jiangsu Province

    (May 30, 2012 the 93rd meeting of the people's Government of Jiangsu Province considered by people's Government of Jiangsu Province, June 6, 2012 published come into force on July 1, 2012, 84th) Chapter I General provisions

    First in order to strengthen the safe production management of fisheries, the prevention and reduction of fishery production safety accidents, protect personal and property safety of fishery production, promote the healthy development of fishery economy under the People's Republic of China fisheries law and the People's Republic of China Law on work safety laws and regulations, combined with the facts of the province, these measures are formulated.

    Article administrative regions and sea areas under the jurisdiction of the province to engage in fishery production and related activities of the units and individuals shall abide by these measures.

    Fisheries article III administration of production safety, adhere to the principle of safety first, prevention first and comprehensive treatment.

    Units engaged in fisheries production, as well as relevant, should strengthen administration of production safety, establish and improve the safe production responsibility system, improve work safety conditions to ensure safety.

    Engage in fishery production and related activities of the unit primarily responsible for the unit's overall responsibility for work safety; its employees shall have the right to a safety guarantee to fulfill safety obligations.

    The fourth local people's Governments at or above the county level shall work safety supervision and Management Department of the administrative and in the sea areas under the jurisdiction of fisheries integrated work safety supervision and management, safety oversight, guidance, and coordination fisheries management.

    Local fishery administrative departments of the people's Government at or above the county level responsible for the Administration and the fishery supervision and administration of production safety in the sea areas under the jurisdiction, if the implementation of fishery and fishing harbor supervision and administration of production safety supervision and management of fisheries.

    Other relevant departments of the local people's Governments at or above the county level, according to their respective duties, fishery production safety management related work.

    The township (town) people's Government within the administrative area of the fishery supervision and administration of production safety.

    Fifth local people's Governments at or above the county level shall strengthen leadership of work safety in the fisheries, the implementation of fishery safety target management, support and urge relevant departments to perform their duties of supervision and administration of production safety.

    Sixth local people's Governments at or above the county level and their departments of fishery Administration should take a variety of forms, strengthen publicity for fish production, increase fishery production capacity of safety awareness and accident prevention.

    Radio, television, newspapers and other media units shall conduct fishery safety public education broadcast areas, fishing waves and weather forecasting.

    Chapter II fishing safety Seventh sign fisheries local people's Governments at or above the county level shall step by step safety responsibility.

    The township (town) people's Government shall, in accordance with the regulations, and signed under the jurisdiction of marine fisheries production fisheries production safety responsibility, full implementation of fisheries responsibility system for production safety. Article eighth villagers ' committees, fishery speciality cooperative economic organizations should often organize fishing safety self-inspection activities, establishment of owned fishing vessel safety management of files.

    Found major safety accident shall be promptly reported to the local government and departments of fishery administration.

    Nineth engaged in fisheries production units should meet the laws and regulations and the safety conditions as provided herein, and conform to the State standards or industrial standards, local standards does not have the conditions for safe production may not engage in fishery production activities.

    Tenth fishery production unit primarily responsible for fisheries work safety of the unit shall perform the following duties:

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

    (B) organizational development of the safety regulations and operating rules;

    (C) ensure the input in production safety and effective implementation;

    (D) supervise and check the safety of the unit, eliminating production safety accidents in a timely manner;

    (E) organizations in the development and implementation of the unit's production safety accident emergency plan;

    (F) to report truthfully and production safety accidents in a timely manner.

    Fisheries fishing vessels should be equipped with the owner meets the requirements of fishery production equipment and facilities, protection of fishery production.

    Fishing vessel captain, assumed direct responsibility for fishing vessel safety, organizing the implementation of navigation, the safety systems and procedures.

    11th fishery production in China shall have the right to a safety guarantee to fulfill safety obligations:

    (A) the requirements of the production and business operation entity to handle work-related injury insurance;

    (Ii) participation in education and training in production safety;

    (C) learn about fishing and jobs post existing risk factors and prevention of emergency measures;

    (D) the correct comments on the fishing vessel safety risks exist, in front of the safety hazard is not ruled out, right to refuse to ship operations;

    (V) deny the illegal orders and commands work, found that directly endangers the security emergency, you can stop the operation;

    (Vi) production lawful compensation for the damage after the accident;

    (VII) comply with the transportation, production safety and operating rules and procedures, subject to management;

    (H) access to safety education and training;

    (I) promptly report accidents and insecurity;

    (J) participate in accident rescue and relief;

    (11) other rights and obligations provided for in laws, rules and regulations.

    12th fishing vessel shall go through inspection, registration, and shall obtain the relevant certificate, may engage in fishery production. The 13th crew of fishing vessels should be in accordance with the provisions of article qualified. Duties of the crew should be in possession of a valid certificate of competency. Other crew members should be subject to appropriate professional training and obtain certificates.

    Certificates issued in accordance with the relevant provisions of the access to and implemented.

    After passing the security officers of the cultivation of skills training, before engaging in offshore aquaculture production.

    Fishing vessels should be in accordance with the provisions of article 14th settings and storage, equipped with safety equipment.

    Marine fishing vessels should be in accordance with provincial Oceanic and fishery administration and the Department of safety production information system standard communications terminal equipment.

    15th fishing vessels should be in accordance with the provisions of article flashing and fixed, vessel name, vessel, port and other fishing vessels identified.

    16th fishing vessels engaged in marine work activities should be formations (Group) job, and keep the communication open.

    City divided into districts, counties (cities and districts) fishery administrative departments should urge the related production units produced according to the fishing vessel sea fisheries vessel formation (Group).

    17th fishing vessel navigation, job and anchorages shall comply with the international regulations for preventing collisions at sea, the national provisions relating to safety of maritime traffic and fishing to avoid; fishing vessels engaging in offshore production operations shall also comply with the relevant international conventions and with neighbouring countries (regions) signed a fisheries agreement. 18th against drunk driving fishing vessel.

    When fishing ships, shore or moored, shall be sufficient staff on duty to ensure security and control at any time.

    Prohibition of fishing vessels beyond the authorized area, high wind sailing or offshore.

    Prohibition of fishing vessels illegally carrying passengers and goods transport.

    Fishing vessels should be installed, open the safety information communication terminal, prohibit change terminal equipment safety information system built on their own identity, and prohibit false alarm and other unlawful use of communications terminal equipment safety information systems.

    Fishing vessels when tropical cyclones, strong winds and other weather information is received, it 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.

    19th fishing vessels, facilities have one of the following circumstances, fishery and fishing harbor supervision authority has the right to prohibit their departure, or be ordered to suspend, change, stop operation:

    (A) acts that violate the relevant laws, rules and regulations of the State;

    (Ii) is in an airworthy condition or towing;

    (Iii) accident or dispute is not disposed or not guaranteed;

    (D) are not equipped with crew and navigation, safety equipment in accordance with regulations;

    (V) does not pay the corresponding fee to the competent authority, nor does it guarantee;

    (F) receipt of weather information, should return to Hong Kong typhoon shelter and refused to return to Hong Kong, wind jobs;

    (VII) any other impediment or could hinder water traffic safety situation.

    20th fishing vessel has any of the following circumstances shall not engage in fishery production:

    (A) reach the age;

    (B) has not meet the fishing vessel repair national, trade and local standards;

    (C) the fishing vessel safety inspection cycle test failed;

    (D) did not participate in the test after the expiry date of the inspection.

    21st years of various types of fishing vessels use as follows:

    (A) marine steel fishing vessels.

    1. of up to 24 metres in length, for 16 years;

    2. below 45 meters of more than 24 metres in length, for 20 years;

    3. more than 60 metres below the 45 metres in length, 26;

    4. more than 60 metres in length, for 30 years.

    (B) marine wooden fishing vessels.

    1. under 12 metres in length, for 13 years;

    2. more than 12 m in length 24 meters, for 18 years;

    3. more than 24 metres in length, for 20 years.

    (C) marine fibreglass fishing vessels for 30 years.

    (D) other than fishing vessels, other marine fishery ship's useful life as follows: marine fish farming vessel for 15 years; marine fisheries oil tankers for 26 years; refrigerated transport, engineering of marine fishery and tugs for ships, 29; marine fisheries research ships, scientific and law enforcement for 30 years.

    (E) in the same material of the marine fisheries in inland waters ships fishing vessels based on the service life of 5 years.

    22nd marine fisheries production unit or ship owner, should go through the fishing vessel insurance, and employment of maritime employees handle no less than 600,000 yuan of life insurance.

    23rd vessel traffic facilities in offshore fish farming production of non-qualified by the relevant departments, are equipped with life-saving facilities, communications equipment, may engage in fish farming production.

    Fishing vessels engaged in marine aquaculture production should be in the context of aquaculture permits States engaged in supporting production operations.

    Chapter three emergency rescue, investigation and handling

    24th Marine search and rescue Center is responsible for organizing, coordinating, directing the water search and rescue work.

    Marine and fishery administrative departments responsible for coordinating fisheries search and rescue operations on the ship, and the fishing vessel in distress emergency provide necessary technical support.

    25th fishing vessel when the incident occurred, shall immediately issue a distress signal, time and place, the extent of damage, the assistance required and causes distress, report water search and rescue centre. The owner or operator of the ship in distress shall take measures to organize themselves.

    Search and rescue Center received a report on the water, shall organize, coordinate and direct relief operations, fishery administrative departments and related organizations should actively cooperate with the relief operations, and the ship shall obey the command of units ordered, participate.

    After receiving the distress signal near the scene of the ship in distress should be in the case of no danger to their own safety, quickly rushed to the scene, trying to rescue people and ships, and the scene and the ship's name, position reporting authorities. 26th local people's Governments above the county level, as well as township (town) people's Governments shall ensure that fisheries aid inputs, and constantly improve the ability of rescue equipment and rescue.

    Port of local people's Governments at the county level, participating units and individuals should be given adequate compensation.

    Local people's Governments at or above the county level for active rescue ships, units and individuals who should be given recognition and rewards. 27th local fishery administrative departments of the people's Government at or above the county level shall develop and improve fisheries security incident response plan.

    The township (town) people's Government according to the region's fisheries production, develop and improve fisheries security incident response plan.

    28th fishery production safety accident, investigation and handling the accident investigation team composed in accordance with the following provisions:

    (A) the injury or accident injured 3 people, investigated by the production units and the owner, investigation and handling of accidents reported to the County within 60 days from the date of production safety supervision and management departments and departments of fishery administration record;

    (B) deaths below 3 or a seriously injured 3 people for more than 10 people following the accident, by the County responsible for production safety supervision and management departments at organizations or authorized investigation by accident investigation team, by the people's Governments at the county level reply;

    (C) the 3 dead for more than 10 people at a time or for more than 50 people injured 10 people following the accident, by District municipal people's Government responsible for production safety supervision and management departments at organizations or authorized investigation by accident investigation team, official reply by the district municipality;

    (D) killed 10 people at a time more than 30 people or seriously injured more than 50 people of up to 100 people at a time, by provincial production safety supervision and management departments at organizations or authorized investigation team to investigate the accident, the provincial governments for approval;

    (E) one killed or seriously injured more than 100 people at a time of more than 30 people and submitted to the State Council investigation in a timely manner.

    29th fishery production safety accident investigation unit shall, within 60 days of the date of the accident accident investigation reports submitted; special case, approved by the people's Government in charge of accident investigations, accident investigation reports submitted may extend the period, extended by a period not exceeding 60 days.

    30th fishery production safety accident investigation team shall, in accordance with the relevant provisions of the State, carry out accident investigation duties, the accident investigation report.

    Accident investigation report shall attach the relevant evidentiary material, members of the accident investigation team should sign the accident investigation report. 31st fishery production safety accidents in accident investigation, the investigating authority to accidents of fishery production units, individuals and departments to understand the situation, access to relevant information.

    No unit or individual may obstruct, interfere in accident investigation group to conduct accident investigations.

    Statistical analysis of the 32nd Department of fishery administration shall regularly owned fishing vessel, the administrative and jurisdictional waters fisheries production safety accidents occurring situations, timely manner to the people's Governments at the corresponding level and higher level departments of fishery Administration reported.

    The fourth chapter legal liability

    33rd offences in violation of these rules, other laws and regulations, regulations on penalties, in accordance with its provisions for punishment.

    34th article of the shipowner does not use meets the fishing safety requirements for fishing vessels equipped with equipment and facilities, the fishery and fishing harbor supervision and Administration Department shall order rectification, and a fine of 5,000 yuan and 10,000 yuan fine.

    35th fishing vessel violating the 19th article, continue to engage in fishery production and direct safety liability of ship owners and captains.

    The 36th article in violation of these regulations, any of the following acts, the fishery and fishing harbor supervision and Administration Department shall order rectification, and concurrently impose a fine of less than 1000 Yuan and 5,000 Yuan:

    (A) the fishing vessel captain does not implement navigation, the safety systems and procedures;

    (B) fishing vessels are not equipped in accordance with regulations and safety information systems communications terminal equipment;

    (C) the fishing vessel change terminal equipment safety information system built on their own identity;

    (D) fishing vessels failing to flashing and fixed name, port, ship, fishing vessel identification;

    (E) fishing vessels at the shore or moored, not enough staff on duty, cannot guarantee operation at any time;

    (F) engaged in marine fish farms producing non-marine traffic facilities are not equipped and using the appropriate life-saving facilities, communication equipment.

    37th refuses or obstructs the departments of fishery administration staff performing official duties according to law, should be given administrative penalties for public security, the public security organs in accordance with the People's Republic of China on public security administration punishments Act, the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    38th departments of fishery administration staff in safety supervision and management work, abuse of power, deception, negligence, by their work units or the competent authority administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    39th article of the way the meaning of the following terms:

    (A) the certificate referred to in article 12th, including ships sailing certificate, Visa, certificate of nationality of the ship, vessel registration certificate, ship station licence, aquaculture licences, fishing licences, ship register and the certificate and other certificates.

    (B) mentioned in 13th position the crew, including the captain, Chief Engineer, pilot and engineer, electrical engineer and radio operator, operator, and so on.

    (C) the safety device referred to in article 14th, including fire, rescue, communications, AIDS to navigation, light, shape, sound, banner and other equipment.

    In this way, the term "above" containing the number itself. 40th article of the rules take effect on July 1, 2012.

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