REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON FISHING VESSEL INSPECTION
The State Council Decree of the State Council of the People’s Republic of China No.383 The Regulations of the People’s Republic of China on Fishing Vessel Inspection, which were adopted at the 11th executive meeting of Wen Jiabao, Premier of the State Council June 27, 2003 Regulations of the People’s Republic of China on Fishing Vessel Inspection Chapter I General Provisions Article 1 In order to regulate the inspection of fishing vessels, to guarantee that the fishing vessels have the conditions for safe voyage Article 2 The Regulations shall apply to the inspection of the fishing vessels that are registered and are to be registered in the People’s Article 3 The administrative department of fishing under the State Council shall be in charge of the inspection of fishing vessels, as well The Bureau of Fishing Vessel Inspection of the People’s Republic of China (hereinafter referred to as the state fishing vessel inspection The local agencies of fishing vessel inspection shall, pursuant to the Provisions hereof, be responsible for the relevant fishing The departments of public security, frontier defense, quality supervision, and industry and commerce administration, etc. at various Article 4 The state applies compulsory inspection to fishing vessels. Compulsory inspection is divided into preliminary inspection, operation Article 5 The principles of giving priority to safety, guaranteeing quality, and facilitating fishermen shall be abided by in the inspection Chapter II Preliminary Inspection Article 6 Preliminary inspection of fishing vessel refers to the overall inspection carried out over a fishing vessel by the agency of fishing Article 7 The owner or operator of any of the following fishing vessels shall apply for a preliminary inspection: 1) Manufactured fishing vessels; 2) Rebuilt fishing vessels (including the fishing vessels rebuilt from non-fishing vessels, and the ocean fishing vessels rebuilt from 3) Imported fishing vessels. Article 8 With respect to manufactured and rebuilt fishing vessels, the design drawings and technical documents thereof shall be subject to The entities that design, manufacture, and rebuild fishing vessels shall meet the conditions set forth by the state, and abide by Article 9 The preliminary inspection of a fishing vessel to be manufactured or rebuilt shall be carried out at the same time with the manufacturing The important equipment, parts, and materials that are used to manufacture or rebuild a fishing vessel and that are related to the The catalogue of the important equipments, parts and materials subject to inspection as specified in the preceding paragraph shall Article 10 With respect to imported fishing vessels, the design drawings and technical documents thereof shall be subject to the examination Article 11 With respect to the fishing vessels passing the inspection, the agency of fishing vessel inspection shall issue the certificate of No entity or individual may change, without authorization, the tonnage, load line, main engine power, fixed personnel number, and Article 12 The preliminary inspection of imported fishing vessels and ocean fishing vessels shall be organized by the state fishing vessel inspection Chapter III Operation Inspection Article 13 Operation inspection of fishing vessel refers to the conventional inspection carried out over a fishing vessel in operation by the Article 14 The owner or operator of a fishing vessel in operation shall apply for operation inspection pursuant to the time provided for by the An agency of fishing vessel inspection shall carry out inspection of the following items pursuant to the provisions of the administrative 1) Structure and the mechanical and electrical equipment of the fishing vessel; 2) Equipments and parts related to the safety of the fishing vessel; 3) Equipments and parts related to the prevention of environmental pollution; 4) Other inspection items specified by the administrative department of fishing under the State Council. Article 15 An agency of fishing vessel inspection shall carry out an operation inspection within 3 workdays from the day on which the fishing Article 16 Where a fishing vessel needs to be repaired upon inspection, the owner or operator of that vessel shall select a repairer that meets The important equipment, parts, and materials that are used to repair a fishing vessel and that are related to the voyage, operations, Article 17 Where a fishing vessel in operation needs to change any of the important equipment, parts, and materials that are related to the voyage, Article 18 The operation inspection of ocean fishing vessels shall be organized by the state fishing vessel inspection agency in a unified way. Chapter IV Temporary Inspection Article 19 Temporary inspection of fishing vessel refers to the unconventional inspection carried out by the agency of fishing vessel inspection Article 20 With respect to any of the fishing vessels involved in any of the following circumstances, the owner or operator shall apply for the 1) Being unable to return to the port of registry in time as a result of invalidation of the inspection certificate; 2) Being ordered to be inspected for inconformity with the relevant requirements of the laws and regulations on water transportation 3) Being in any other specific circumstances provided for by the administrative department of fishing under the State Council. Article 21 An agency of fishing vessel inspection shall carry out a temporary inspection within 2 workdays from the day on which the fishing Article 22 The division of jurisdiction over temporary inspection of fishing vessels shall comply with the provisions of Article 18 hereof on Chapter V Supervision and Administration Article 23 An agency of fishing vessel inspection may not accept the applications for inspection with respect to the fishing vessels involved 1) Those of which the design drawings and technical documents are not examined and approved or confirmed by the agency of fishing vessel 2) Those manufactured or rebuilt in violation of Paragraph 2 of Article 8 and Paragraph 2 of Article 9 of the Regulations; 3) Those repaired in violation of Article 16 or 17 of the Regulations. Article 24 Local agencies of fishing vessel inspection shall carry out the inspection within the scope ratified by the state fishing vessel inspection Article 25 The personnel engaging in fishing vessel inspection shall pass the examination by the agency of fishing vessel inspection of the state Article 26 Fishing vessel inspection agencies and the inspection personnel thereof shall strictly abide by the rules for fishing vessel inspection, The rules for fishing vessel inspection shall be formulated by the state fishing vessel inspection agency, and be promulgated for Where the state has not formulated corresponding inspection rules for the fishing vessels or products for vessel use that are newly Article 27 A party having any objection to the inspection conclusion of a local agency of fishing vessel inspection may apply for re-inspection Article 28 The charges for inspection of fishing vessels shall comply with the charging standards stipulated by the administrative departments Article 29 The formats of the inspection certificate, inspection records, and inspection report of fishing vessels, as well as the official inspection Article 30 The fishing vessel inspection personnel, when performing duties according to law, shall have the right to check the inspection certificates The investigation and handling of major maritime casualties of fishing vessels shall have the participation of the agency of fishing Article 31 With respect to a fishing vessel in any of the following circumstances, the owner or operator thereof shall, 7 workdays prior to the 1) Being disused pursuant to the relevant provisions of the state; 2) Alteration of registry from China to any foreign country; 3) Being rebuilt from a fishing vessel to a non-fishing vessel; 4) Being lost as the result of sinking, etc. Chapter VI Legal Liabilities Article 32 If any fishing vessel, in violation of the Regulations, goes into operation in water without being inspected and obtaining the certificate If any fishing vessel that should be disused pursuant to the provisions continues to operate, the operation shall be ordered to be Article 33 For failure to, in violation of the Regulations, apply for operation inspection or temporary inspection for any fishing vessel for Article 34 If any party, in violation of the Regulations, commits any of the following acts, that party shall be ordered to correct the act immediately, 1) Using any important equipment, parts, and materials that are related to the voyage, operations, personal and property safety, and 2) Dismantling without authorization any of the important equipment and parts that are related to the voyage, operations, personal and 3) Changing without authorization the tonnage, load line, main engine power, fixed personnel number, or navigable areas of a fishing Article 35 If any working person of the agency of fishing vessel inspection takes up the work of fishing vessel inspection without passing the Article 36 If any party, in violation of the Regulations, is involved in any of the following circumstances, that party shall be ordered to correct 1) Failing to carry out the inspection pursuant to the relevant provisions of the administrative department of fishing under the State 2) Issuing the certificate of fishing vessel inspection issued or the inspection records or inspection report that are inconsistent with 3) Carrying out the fishing vessel inspection beyond the prescribed authority. Article 37 Forged or altered certificates of fishing vessel inspection, inspection records or inspection reports, and privately engraved official Article 38 The administrative punishments provided for in the Regulations shall be decided by the administrative departments of fishing of the Where the organs making administrative punishments specified in the preceding paragraph, or the functionary thereof accept money or Chapter VII Supplementary Provisions Article 39 Where the flag country of a foreign fishing vessel entrusts the People’s Republic of China to inspect that vessel, the provisions Article 40 The Regulations shall come into force on August 1, 2003. |
The State Council
2003-06-27