Regulations of the People's Republic of China on Fishing Vessel Inspection

Regulations of the People's Republic of China on Fishing Vessel Inspection Order 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 the State Council on June 11, 2003, are hereby promulgated and shall take effect as of August 1, 2003. Wen Jiabao, Premier June 27, 2003 Regulations of the People's Republic of China on Fishing Vessel Inspection Chapter 1 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 and operation, to safeguard the safety of the fishing vessels and the life and properties of the fishermen, and to prevent environmental pollution, the present Regulations are enacted in accordance with the Fishing Law of the People's Republic of China . Article 2 The present Regulations shall apply to the inspection of the fishing vessels that are registered and are to be registered in the People's Republic of China (hereinafter referred to as fishing vessels). Accessory fishing vessels engaging in international shipping shall be exempted. Article 3 The administrative department of fishing under the State Council shall be in charge of the inspection of fishing vessels, as well as the supervision and administration thereof, of the whole nation. The Bureau of Fishing Vessel Inspection of the People's Republic of China (hereinafter referred to as BFVI) shall exercise the function of fishing vessel inspection and of the supervision and administration thereof. The local agencies of fishing vessel inspection shall, pursuant to the provisions hereof, be responsible for the relevant fishing vessel inspection work. The departments of public security, frontier defense, quality supervision, and industry and commerce administration, etc. at various levels shall, within the scope of their respective duties, assist in the work of fishing vessel inspection and of supervision and administration. Article 4 The state applies compulsory inspection to fishing vessels. Compulsory inspection is divided into preliminary inspection, operation inspection, and temporary inspection. Article 5 The principles of giving priority to safety, guaranteeing quality, and facilitating fishermen shall be abided by in the inspection of fishing vessels. Chapter 2 Preliminary Inspection Article 6 Preliminary inspection of fishing vessel refers to the all-around inspection carried out over a fishing vessel by the agency of fishing vessel inspection before that vessel is put into operation. 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 fishing vessels sailing within China); 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 examination and approval by the agency of fishing vessel inspection, and the preliminary inspection shall be applied for prior to the start of manufacturing or rebuilding. The agency of fishing vessel inspection shall, within 20 workdays from receiving the design drawings and technical documents, make the examination decision and notify the party concerned in writing. The entities that design, manufacture, and rebuild fishing vessels shall meet the conditions set forth by the state, and abide by the technical rules for fishing vessels of the state. 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 or rebuilding. The important equipment, parts, and materials that are used to manufacture or rebuild a fishing vessel and that are related to the voyage, operation, personal and property safety, and prevention of environmental pollution shall, before being used, go through the inspection by the agency of fishing vessel inspection, and only those passing the inspection may be used. The catalogue of the important equipments, parts and materials subject to inspection as specified in the preceding paragraph shall be formulated by the administrative department of fishing under the State Council. Article 10 With respect to imported fishing vessels, the design drawings and technical documents thereof shall be subject to the examination and confirmation by the agency of fishing vessel inspection, and the preliminary inspection shall be applied for before the vessels are put into operation. With respect to import of old fishing vessels, the technical assessment certificate for old fishing vessels issued by the agency of fishing vessel inspection of the state shall be obtained before the import. Article 11 With respect to the fishing vessels passing the inspection, the agency of fishing vessel inspection shall issue the certificate of fishing vessel inspection within 5 workdays from the day when the inspection is completed; and with respect to those failing the inspection, the agency shall notify the parties concerned in writing, and explain the reasons thereto. No entity or individual may change, without authorization, the tonnage, load line, main engine power, fixed personnel number, and navigable areas of a fishing vessel that has passed the inspection; or remove without authorization any of its important equipment or parts that are related to the voyage, operation, personal and property safety, and prevention of environmental pollution. Where alteration or removal is necessary, ratification shall be obtained from the agency of fishing vessel inspection that made the inspection. Article 12 The preliminary inspection of imported fishing vessels and ocean fishing vessels shall be organized by the BFVI in a unified way. The preliminary inspection of any other fishing vessel shall be implemented by the agency of fishing vessel inspection of the port of registry; where......