中华人民共和国渔业船舶检验条例 Decree of the State Council of the Peoples Republic of China

国务院令第383号

颁布日期：20030627 　实施日期：20030801 　颁布单位：国务院

　　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 come into force on August 1， 2003.

　　Wen Jiabao， Premier

　　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 and operation， to safeguard the safety of the fishing vessels and the life and properties of the fishermen， and to prevent environmental pollution， the Regulations are formulated in accordance with the Fishing Law of the People's Republic of China.

　　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 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 the state fishing vessel inspection agency） 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 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 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 upon receipt of 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 ca

rried 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 upon the completion of the inspection； 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 state fishing vessel inspection agency 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 the place of manufacturing or place of rebuilding of a fishing vessel is inconsistent with the port of registry of that vessel， the preliminary inspection shall be implemented by the agency of fishing vessel inspection of the place of manufacturing or rebuilding； that agency of fishing vessel inspection shall， within 5 workdays upon completion of inspection， handover the technical materials， such as the inspection report， and inspection records， etc.， to the agency of fishing vessel inspection of the port of registry.

　　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 agency of fishing vessel inspection.

　　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 administrative department of fishing under the State Council.

　　An agency of fishing vessel inspection shall carry out inspection of the following items pursuant to the provisions of the administrative department of fishing under the State Council and according to the operation term and safety requirements of the fishing vessels：

　　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 admini

strative 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 vessel applying for inspection reaches the place of inspection. If the vessel passes the inspection， the agency shall affix opinions on or issue the certificate of fishing vessel inspection within 5 workdays upon the completion of the inspection； in the event of issuing inspection certificate for an ocean fishing vessel inspected overseas， the period may be extended for 15 workdays. If the vessel fails the inspection， the agency shall notify the party concerned in writing and explain the reasons thereto.

　　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 conditions provided for by the state. The repair of fishing vessels shall be in compliance with the technical rules on fishing vessels of the state.

　　The important equipment， parts， and materials that are used to repair a fishing vessel and that are related to the voyage， operations， 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.

　　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， operation， personal and property safety， and prevention of environmental pollution， the owner or operator of that vessel shall abide by Paragraph 2 of Article 16 hereof.

　　Article 18 The operation inspection of ocean fishing vessels shall be organized by the state fishing vess

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