Regulation of the People's Republic of China on the Administration of Traffic Safety in Fishing Port Waters (2019 Revision)

Regulation of the People's Republic of China on the Administration of Traffic Safety in Fishing Port Waters (2019 Revision) Regulation of the People's Republic of China on the Administration of Traffic Safety in Fishing Port Waters (Promulgated by Order No. 38 of the State Council of the People's Republic of China on July 3, 1989; revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administration Regulations by the Order No. 588 of the State Council of the People's Republic of China on January 8, 2011; amended for the first time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017; and amended for the second time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Article 1 This Regulation is formulated in accordance with Article 48 of the Maritime Traffic Safety Law of the People's Republic of China . Article 2 This Regulation shall apply to all vessels, installations and personnel that navigate, berth or operate in the coastal fishing ports and fishing port waters of the People's Republic of China, which are mainly engaged in fisheries (hereinafter referred to as “fishing ports” and “fishing port waters”) and to the owners and business operators of such vessels and installations. Article 3 The supervision and administration authority for fishery administration and fishing ports of the People's Republic of China shall be the competent authority which supervises and administers the traffic safety on fishing port waters, and be responsible for the investigation and handling of the traffic accidents among the fishery vessels in costal waters. Article 4 The following terms as used in this Regulation shall have the following meanings: The term “fishing ports” refers to the artificial ports or natural harbors which mainly serve fishery production, which are for fishery vessels to berth, take shelter from the wind, load and unload the catch from fishing, or supply goods and materials needed in fishing. The term “fishing port waters” refers to the basins, anchorages, sheltered bays and waterways of fishing ports. The term “fishery vessels” refers to the vessels engaged in fishery production and vessels that belong to the industry of marine products and serve fishery production, including fishing boats, aquaculture vessels, vessels for fishery products marketing, refrigerated factory ships, tankers, tenders, fishery guidance boats, research and survey vessels, vessels for teaching and practice, fishing port engineering boats, tugboats, transport ships, barges, fishery administration ships and fishery supervision boats. Article 5 In case there are different opinions on the determination of a fishing port, it shall be determined by the people's government at or above the county level in accordance with the subordination relationship of the port. Article 6 To enter and leave fishing ports, the vessels must comply with the rules on the management of fishing ports and the international rules on preventing collisions at sea, and shall report to the supervision and administration authority for fishery administration and fishing ports as required and accept security check. The vessels in the fishing ports must obey the administration of water traffic safety order by the supervision and administration authorities for fishery administration and fishing ports. Article 7 When berthing, taking shelter from the wind, loading and unloading goods and materials in the ports, the vessels shall not damage the installations and equipment in fishing ports; and if damages are caused, they shall report to the supervision and administration authorities for fishery administration and fishing ports and assume the liability for compensation. Article 8 The vessels loading and unloading inflammable, explosive, toxic and other dangerous goods in fishing ports must abide by the relevant provisions of the state on the administration of dangerous goods, and submit an application to the supervision and administration authorities for fishery administration and fish......