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Rules of Shenzhen
Municipality on Administration of Fishing Harbor Areas
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(Promulgated
by the Shenzhen Municipal People' s Government |
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on
June 11, 1990, and re-promulgated by the Order No. 16 of the |
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Shenzhen
Municipal People' s Government of October 21, 1993) |
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Chapter I General
Provision
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Article 1 In order to
maintain the order and strengthen the administration of the
fishing harbor areas of
the Shenzhen City, these rules are
hereby formulated in accordance with Maritime
Traffic Safety Law of the People' s Republic of China and Regulations of the People' s Republic of China on Administration of
Traffic Safety of Fishing Harbors and Waters. |
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Article 2 The
Shenzhen Fishing Harbors Supervising Office of the People' s
Republic of China and its subordinate
fishing harbor supervising
stations (hereinafter referred to as the fishing supervisory
office)
shall supervise implementing of these rules. |
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Article 3 Any ship passing in and out of a fishing harbor area shall abide by the
law, regulations and these rules. |
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Article 4 These
rules shall apply to the ships (including the ships of Hong
Kong, Macau, Taiwan and foreign
nations) sailing, anchoring and
operating within a fishing harbor area as well as to the
facilities
and personnel within the area, and also to the owners
and operators of the ships and facilities. |
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Article 5 The
fishing harbor areas of Shekou, Yantian, Nanao, Shajing shall be
delimited according to their
areas actually in use: |
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(1)
the Shekou fishing harbor area: the eastern boundary
starts from the east side of the foundation of the East Dyke
of
the fishing harbor and the western boundary ends in the waters
500 meters south to the fishing
wharf of the Institute of
Oysters. |
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(2)
the Yantian fishing harbor area: the eastern boundary
starts from the guesthouse of the Fishing Association and the
western boundary ends in the waters 500 meters south to the west
bank of the wind shelter. |
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(3)
the Nanao fishing harbor area: the southern boundary
starts from Paizaimen, the northern boundary ends in Xiaqitousha,
and the western boundary reaches the waters 1,000 meters east to
Huoshapai. |
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(4)
the Shajing fishing harbor area: the southern boundary
starts from Xiaochongchu of the Shajing township (i.e.
Minzhuzhong) and the northern boundary ends in the waters of
Shangchongkou. |
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Chapter II Ships'
Arrival in and Departure from a Harbor
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Article 6 When a
motor-driven ship arrives in and departs from a harbor, "the
international rule of avoidance
of maritime collision" and
other rules concerning harbor navigation shall be followed, the
related
light, type and siren of navigation signal shall be used
to indicate the movement of the ship on time and in the
right
way, observation shall be more careful, and the speed of the
ship shall be kept under 5 knots. |
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Article 7 When
a ship without motor departs from a harbor at night, an annular
light or other lights shall
be hung on the main mast or in an
eye-catching place as a mark. |
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Article 8 In
case of one of the following situations when a ship arrives in
or departs from a harbor, the
fishing supervisory office shall
exercise authority to prohibit her sailing: |
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(1)
the ship is inappropriate for sailing or towing; |
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(2)
the procedure has not been completed after a traffic
accident; |
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(3)
the related fees for harbor sailing have not been paid to
the departments of fishing administration and fishing
supervision; |
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(4)
the responsible department believes there are other
situations which will or might threaten the maritime traffic
safety. |
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Chapter III Anchoring
within a Harbor
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Article
9 All
ships anchoring in a fishing harbor area shall anchor in a |
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designated
anchoring section and have no excuse to refuse to obey the
dispatcher' s instruction. |
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Article 10 When
a ship is at anchor, there shall be enough crew members
remaining on the ship; in case of urgent
typhoon warning, all
the crew members shall return to the ship immediately and stick
to their posts
for safety. |
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Article 11 If
a ship needs to anchor in a fishing wharf for operation, an
application shall be filed to a wharf
administration office and
the ship shall anchor in a designated berth after approval. When
loading
and unloading has been done, the ship shall leave
promptly and it shall be forbidden to occupy a berth without
reason and to pile goods at the wharf. |
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Chapter IV Harbor
Management
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Article 12 If
any units or individuals need to conduct water construction and
underwater construction, unearth
and remove sands, and reclaim
land from sea along the coast within the limits of a fishing
harbor
area, an application shall be filed to the fishing
supervisory office in advance and constructing shall not be
started until the fishing supervisory office and the related
departments of the municipal government
have approved the
application. |
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Article 13 It
shall be strictly forbidden either to dump garbage, silt, coal
ash, gravel or to discharge waste
oil and water along the coast
of a fishing harbor area, around a wharf, and within a wind
shelter,
a violator shall be punished according to the related
rules of maritime environmental protection. |
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Article 14 When
any ship loaded with dangerous articles such as the explosive,
inflammable, and corrodible
enters a fishing harbor area, the
preventive measures for safety shall be taken in compliance with
the rules on shipping of dangerous goods, and unloading shall be
done in a designated place after a report has
been filed to both
the fishing supervisory office and the department of public
security and the
two offices have completed an examination and
issued their approval. |
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Article 15 No
ship shall be allowed to unload goods all around in a wind
shelter and at its entrance. |
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Article 16 It
shall be forbidden in a fishing harbor area to do operations
such as spreading a net, fixing
a net, etc. which might obstruct
sailing. It shall also be strictly forbidden to swim within 50
meters from a wharf. |
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Article 17 If
a ship catches a floating or sunk article on the sea, such
articles shall be turned over to the
department of public
security. |
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Article 18 If
a ship damages navigation signs in her sailing, a report shall
be filed to the fishing supervisory
office and a punishment
shall be accepted; if navigation signs have been found moved,
out of the
light, or damaged, it shall be reported to the
fishing supervisory office immediately in order to have them
repaired or salvaged. |
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Article 19 If
a ship or goods have sunk, the unity concerned or the
responsible person shall report to the
fishing supervisory
office on time, salvage and remove the sunken objects on their
own within a
prescribed time; if the salvage and removal has not
been done after the deadline, the fishing supervisory office
shall have authority to arrange a removal and the unity
concerned or the responsible person shall
be held liable for all
the expenses for removing. |
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Article 20 In
case of emergency, the fishing supervisory office shall have
authority to dispatch the ships
in a harbor for maritime
salvage, and the ships and their crew shall obey. |
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Chapter V Average
Accidents and Punishments for Breaking
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Rules and Regulations
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Article 21 If
a ship has an average accident, the captain (pilot) shall fill
out a maritime report in 48 hours
after entering a harbor and
report to the fishing supervisory office. The fishing
supervisory office
shall deal with average accidents according
to Rules on Investigation
and Settlement of Average Accidents. |
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Article 22 The
maritime disputes between domestic fishing ships and those
between domestic fishing ships and
the fishing ships of the
country (region) under a fishing agreement shall be dealt with
by the
fishing supervisory office; the maritime disputes between
fishing ships and the ships of the transportation sector
shall
be dealt with by the harbor supervisory office and fishing
supervisory office jointly through
consultation. |
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Article 23 In
case of violation of these rules, the fishing supervisory office
shall give a warning, impose
a fine, and even detain the ships
in compliance with Rules of the People' s Republic of China on Supervision, Administration
and Punishment Concerning Maritime Traffic
(trial version).
Anyone violating the criminal law shall be handed over to the
judicial department to ascertain
the criminal responsibility
according to law. |
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Article 24 Anyone
who refuses to obey the fishing supervisory office' s decision
of punishment may apply to
the municipal department of
agriculture for review. The original decision of punishment
shall be
still implemented during the review period. |
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Chapter VI Supplementary
Provision
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Article
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These
rules shall take effect as of the date of promulgation. |
