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PROVISIONS ON THE CONTROL OF MARITIME NAVIGATIONAL WARNINGS AND NAVIGATIONAL NOTICES

    Article 1  These Provisions are enacted in accordance with
the relevant provisions of the Maritime Traffic Safety Law of the
People's Republic of China, with the purpose of strengthening the
control of maritime navigational warnings and navigational
notices, and ensuring the safety of vessels and installations in
navigations and operations.

    Article 2  These Provisions shall apply to all vessels,
installations and personnel that engage in activities in the
coastal waters of the People's Republic of China that affect
or may affect the safety of maritime traffic, and the relevant
units and personnel responsible for issuing maritime navigational
warnings and navigational notices.

    Article 3  The harbor superintendency agency of the People's
Republic of China (hereinafter referred to as the state competent
authority) is responsible for issuing maritime navigational
warnings and navigational notices throughout the country.

    The harbor superintendency agencies along coastal waters
(hereinafter referred to as regional competent authorities) are
responsible for issuing maritime navigational warnings and
navigational notices within their jurisdiction areas.

    The jurisdiction areas of the harbor superintendency agencies
along the coastal waters shall be determined by the state
competent authority.

    Article 4  Maritime navigational warnings shall be issued by
the state competent authority or its authorized agencies through
radiogram or radio telephone.

    Maritime navigational notices shall be issued by the state
competent authority or regional competent authorities in writing
or through newspaper, radio, television, and other news medium.

    Article 5  To engage in following activities in the coastal
waters of the People's Republic of China, an application to issue
maritime navigational warnings and navigational notices must be
filed with the regional competent authority for the sea area
concerned:

    (1) Changing navigation lanes or troughs;

    (2) Designating, changing, or revoking restricted navigation
zones, earth-dumping zones, aquatic zones, speed-measuring
zones, or water amusement areas;

    (3) Placing or removing public compasses or demagnetization
fields;

    (4) Salvaging sunken ships or objects;

    (5) Laying, removing, inspecting, or repairing cables, pipes,
and tunnels;

    (6) Placing or removing mooring buoys or other structures;

    (7) Placing or removing installations used for maritime
exploration or exploitation, and the safety zones thereof;

    (8) Engaging in such operations as sea sweeping, dredging,
demolition, pile driving or pile pulling, lifting, or drilling;

    (9) Engaging in over-length, over-height, or ponderous towing
operations which limit the navigational capacity of vessels;

    (10) Making oceanic geological surveys, exploration, or
hydrologic surveys which hinder maritime navigational safety; or

    (11) Conducting other activities which affect maritime
navigation and operational safety.

    Where military units have designated, changed, or revoked
military forbidden navigation zones, military training zones,
maritime navigational warnings and navigational notices shall be
issued by the state competent authority or regional competent
authority.

    Article 6  Those units which organize or engage in the
activities listed in Paragraph 1, Article 5 shall, before seven
days as of the day of conducting the operation(s), file a written
application to issue maritime navigational warnings and
navigational notices with the regional competent authority
concerned, except in those cases where maritime navigational
warnings and navigational notices need to be issued at once and
that has been affirmed by the regional competent authority.
Activities listed in Item (9), Paragraph 1 of Article 5 shall be
conducted in accordance with Article 7 of these Provisions.

    The written application shall include the following:

    (1) The dates of the beginning and end of the activity and
daily times of operation;

    (2) The content and form of the activity;

    (3) The names of the vessels, installations, and units which
will take part in the activity;

    (4) The area of the activity; and

    (5) Safety measures.

    Article 7  Where vessels engage in activities listed in
Item (9) of Article 5, a written application to issue maritime
navigational warnings and navigational notices shall, three days
in advance of the day of towing, be filed with the regional
competent authority of the maritime area in which such activity
is concerned.

    The written application shall include the following:

    (1) The names of the towing and towed vessels;

    (2) The time for beginning of the towing;

    (3) The beginning and ending positions and points of
major changes of direction;

    (4) The total length of the tow; and

    (5) The navigational speed.

    Article 8  After the maritime navigational warnings and
navigational notices are issued, the applicant shall conduct
activities in the area and during the time approved by the state
competent authority or the regional competent authority; if the
time or the area need to be changed, a new application shall be
submitted in accordance with these Provisions.

    Article 9  Vessels and installations shall, when encountering
the following cases, report to the nearby regional competent
authority:

    (1) Shallows or rocks not recorded in navigational books;

    (2) Unusual magnetic areas or color changes of sea water;

    (3) Sunken vessels or objects, dangerous objects and flotsam
which jeopardizes navigation;

    (4) Variations in or disorder of navigational aids or
navigational facilities; or

    (5) Other abnormal situations jeopardizing the safety of
navigation.

    Report should include the time and place of discovery, and
the objects found.

    Article 10  After receiving a report which concerns
jeopardizing the safety of navigation or an application to issue
maritime navigational warnings and navigational notices, the
regional competent authority shall verify the materials at once,
and in light of the actual need and scope of jurisdiction, decide
to issue maritime navigational warnings and navigational notices.

    Article 11  Regional competent authorities shall issue
maritime navigational warnings and navigational notices in the
following cases in their jurisdiction areas:

    (1) Placement, adjustment or removal of anchorages;

    (2) Establishment or dissolution of sea disaster rescue
areas, pollution-prevention operation areas, and major sea-operation
accident areas;

    (3) Placement, alteration, or removal of sub-navigational
routing systems;

    (4) Placement, removal, renovation, alteration or restoration  
of navigational aids or navigational facilities; or

    (5) Other circumstances which jeopardize the safety of
navigation.

    Article 12  The state competent authority or regional
competent authority shall, in issuing maritime navigational
warnings and navigational notices and receiving the reports
provided for by Article 9 of these Provisions, provide at once
relevant materials to the naval maritime navigation security
department and inform them of relevant situations.

    Article 13  Coastal radio stations shall be responsible for
broadcasting maritime navigational warnings in accordance with
the specified time, frequency and demand. The specific procedures
and measures shall be formulated by the competent department of
communications under the State Council.

    Article 14  The relevant personnel shall receive and copy the
maritime navigational warnings broadcast by the coastal radio
station in accordance with regulations.

    Article 15  Relevant units receiving maritime navigational
notices shall take effective measures and inform their
subordinate vessels and installations.

    Article 16  Those units or persons who have outstanding
achievements in enforcing these Provisions shall be given rewards
by the state competent authority or regional competent authority.

    Article 17  Anyone who violates Paragraph 1 of Article 5, or
Article 8 of these Provisions shall be ordered to cease such
activity and may be concurrently given a fine of up to 2,000 RMB
yuan by the state competent authority or regional competent
authority.

    Article 18  Anyone who fails to apply to issue maritime
navigational warnings or navigational notices during the period
provided for in Articles 6 and 7 of these Provisions may be
given a warning and may be concurrently given a fine of up to
800 RMB yuan by the state competent authority or regional
competent authority.

    Article 19  The person(s) responsible for violating the
provisions of Article 14 of these Provisions shall be given a
warning or have their work certificates withheld or revoked by
the state competent authority or regional competent authority
in accordance with the facts of the case.

    Article 20  In the event violation of these Provisions
results in a maritime traffic accident, in addition to civil
compensation responsibility in accordance with the law, the state
competent authority or regional competent authority shall, in
accordance with the facts of the case, give fines or withhold or
revoke work certificates; if said actions constitute a crime,
criminal responsibility shall be investigated in accordance with
law.

    Article 21  If a party does not agree with the fine or
the withholding or revocation of the work certificate, he may
apply for an administrative reconsideration to the harbor
superintendency agency of the People's Republic of China within
15 days after receiving notification of the penalty, or may bring
a suit to the people's court directly. If neither an application
for an administrative reconsideration nor legal suit is made, and
the penalty has not been complied with upon the expiration of the
given time period, the competent authority which made the penalty
decision shall request compulsory enforcement from the people's
court.

    Article 22  In the event of constructing, altering or
extending installations or conducting other operations within the
waters of fishing harbors, the fishery administration and fishing
harbor superintendency agency shall issue maritime navigational
notices in accordance with these and other relevant provisions.

    Article 23  Measures concerning the administration of
maritime navigational warnings and navigational notices involving
military units shall be formulated separately in accordance with
the provisions of Maritime Traffic Safety Law of the People's
Republic of China.

    Article 24  The Ministry of Communications shall be
responsible for the interpretation of these Provisions.

    Article 25  These Provisions shall enter into force as of
February 1, 1993.