深圳市渔业港区管理规定
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（Promulgated by the Shenzhen Municipal People‘s Government on June 11， 1990， and re-promulgated by the Order No. 16 of the Shenzhen Municipal People’s Government of October 21， 1993） Chapter I General Provision 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. 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. Article 3 Any ship passing in and out of a fishing harbor area shall abide by the law， regulations and these rules. 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. Article 5 The fishing harbor areas of Shekou， Yantian， Nanao， Shajing shall be delimited according to their areas actually in use： （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. （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. （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. （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. Chapter II Ships‘ Arrival in and Departure from a Harbor 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. 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. 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： （1） the ship is inappropriate for sailing or towing； （2） the procedure has not been completed after a traffic accident； （3） the related fees for harbor sailing have not been paid to the departments of fishing administration and fishing supervision； （4） the responsible department believes there are other situations which will or might threaten the maritime traffic safety. Chapter III Anchoring within a Harbor Article 9 All ships anchoring in a fishing harbor area shall anchor in a designated anchoring section and have no excuse to refuse to obey the dispatcher‘s instruction. 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. 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. Chapter IV Harbor Management 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. 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. 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. Article 15 No ship shall be allowed to unload goods all around in a wind shelter and at its entrance. 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. 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. 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. 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. 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. Chapter V Average Accidents and Punishments for Breaking Rules and Regulations 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. 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. 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. 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. Chapter VI Supplementary Provision Article 25 These rules shall take effect as of the date of promulgation |
