Laws of the Guangdong Province

Regulations of the Shenzhen Municipality on Maritime Traffic Safety

(Adopted at the Thirty-Eighth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on April 29, 2005, approved by the Eighteenth Meeting of the Standing Committee of the Tenth Guangdong Provincial People' s Congress on May 26, 2005, promulgated on June 2, 2005, and put into force from September 1, 2005.)

Chapter I General Provisions

       Article 1 In order to strengthen the administration of maritime traffic safety, ensure the personal security and property' s safety, and promote the economic and social development of Shenzhen, these regulations are hereby formulated in accordance with Law of the People' s Republic of China on Maritime Traffic Safety and the related laws, regulations.

       Article 2 These regulations shall apply to the activities within the sea areas of Shenzhen, which are related to maritime traffic safety, such as navigation, anchoring, and operation, etc.

       Article 3 The Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) shall, in accordance with the plan of national economic and social development and the needs for the development of harbor administration and navigation, support the building of the maritime traffic safety facilities and equipments, and establish an emergency salvage system.

       The Shenzhen department of maritime affairs (hereinafter referred to as the department of maritime affairs) shall be responsible for the supervision and administration of the maritime traffic safety in the sea areas of Shenzhen.

       The administrative departments in charge of traffic, harbor, supervision of safe production, public security, maritime administration, fishery administration and fishing harbor superintendence, etc. shall be responsible for the administration of maritime traffic safety according to the related laws, regulations and the division of duties.

       Article 4 The municipal government shall, in accordance with the related laws, regulations, establish a marine search and rescue organization (hereinafter referred to as marine salvage organization) to be responsible for the organization, coordination and direction of the emergency salvage in maritime traffic accidents and dangerous situations.

       The marine salvage organization shall consist of the administrative departments in charge of maritime affairs, traffic, harbor, supervision of safe production, public security, health, maritime administration, fishery administration and fishing harbor superintendence, etc. and other related units, and the specific matters of its day-to-day business shall be taken care of by the department of maritime affairs.

Chapter II Vessels, Facilities, and Personnel

       Article 5 Vessels, facilities shall have the inspection certificates approved and issued by a vessel inspection office, and be registered according to law.

       Vessels, facilities shall be kept in the technological conditions which continuously meet the requirements of the technological standards of inspection, and it shall be guaranteed that they are suitable to navigation, anchoring and operation.

       Article 6 Vessels, facilities shall be provided with qualified sailors and personnel according to the personnel requirements set by the state.

       The sailors and other employees to serve in vessels and facilities shall obtain the legal certificates of competency, certificates of professional training, or certificates of special training.

       The personnel to engage in the work of dangerous goods and other special work shall obtain the legal certificates to be qualified for operation in special work or other corresponding certificates.

       Article 7 The sailors who are transferred from other positions or take the current position as the firs job shall be given orientation training.

       Article 8 The leisure ships to carry passengers for tours, sightseeing, entertainment, etc. (hereinafter referred to as the leisure ships) shall have the vessel inspection certificates approved and issued by a vessel inspection office to permit them to carry passengers, and be provided with corresponding equipments of communication, life-saving, firefighting, and qualified crews.

       If there are no inspections standards for a leisure ship, the department of maritime affairs may formulate corresponding technological norms.

Chapter III Navigation, Anchoring, and Operation

       Article 9 Any vessel shall hang a national flag, indicate the name of the vessel, home port, and load line according to the rules.

       The vessels, facilities which should be scraped and the vessels without name, home port, load line shall not be allowed for navigation and operation.

       Article 10 Vessels shall navigate within the approved navigation zone and abide by the navigation rules announced by the department of maritime affairs.

       Article 11 The department of maritime affairs shall, according to the needs of the administration of maritime traffic safety, designate and announce the vessel reporting sections of the Shenzhen sea areas, formulate the rules on the administration of vessel reporting. The vessels entering and leaving the vessel reporting sections shall report according to the administration rules.

       The vessels navigating in a vessel reporting section may ask the department of maritime affairs to provide the information services for navigation assistance and vessel safety, and the department of maritime affairs shall provide the related information for them.

       When a high-speed passenger ship enters an approaching fairway, it shall report to the department of maritime affairs in advance.

       Article 12 When navigating, vessels shall abide by the rules of the department of maritime affairs on speed limits.

       The vessels with the gross tonnage of 1,600 tons or more shall not chase and pass each other or navigate side by side in the northern channel of the west harbor region, the Shekou channel, the Chiwan channel, the outpost areas, etc.

       Article 13 If any vessel needs to turn around in a channel, a u-turn section, it shall be done to ensure the safety of navigation and shall give a u-turn signal.

       When navigating, turning around, approaching and leaving a dock, tying and untying a float, crossing or entering a channel, a vessel shall take the initiative in taking effective means such as a sound signal, VHF wireless telephone, etc. to make clear the vessel' s intention, and keep in touch with the other vessels to make way for each other as they have to.

       Article 14 When a vessel navigates, changes an anchoring place, its attached boats and rafts, derricks, and gangway ladders shall not be placed beyond the side of the ship except in the emergency such as lifesaving, etc.

       Vessels shall keep themselves in the waters deep enough for navigation.

       Article 15 Except for assistance and salvage at sea, hauling vessels and hauled vessels and facilities shall obtain the certificates of competence for hauling, the certificates of competence for navigation, or other valid certifying documents issued by a vessel inspection office.

       A hauling vessel shall have the capability to control the hauled objects, and its speed relative to the land shall be able to reach 2 knots when going against the current.

       Except for anchoring operation, a hauling vessel shall haul only one hauled object when navigating in a harbor area, its hauling cable shall not exceed the length prescribed by the department of maritime affairs.

       Article 16 In case of loading a vessel with goods, containers, it shall meet the requirements for optimum arrangement of cargo on a vessel, solid fastening, steadiness, load line, it shall not be allowed to navigate with overload.

       It shall be prohibited for any passenger ship to carry more passengers than its fixed capacity, and it shall be prohibited for the ships, which are not been approved to carry passengers, to carry passengers.

       Article 17 Any leisure vessel shall abide by the following rules of navigation:

(1)   to operate in the designated areas;

(2)   to avoid channels, anchor stations, and heavy traffic areas;

(3)   to carry passengers within the approved fixed capacity, to indicate the fixed number of passengers in a conspicuous spot;

(4)   the passengers of an open vessel shall wear life jackets.

Article 18 Any leisure vessel shall not put to sea in one of the following situations:

(1)   from 8:00 pm to 6:00 am next day;

(2)   the visibility is less than 3,000 meters;

(3)   the power of wind reaches force 6 or higher on the sea;

(4)   the other bad weather or sea conditions which severely threaten the navigation safety of vessels.

Article 19 If the following vessels sail, approach a berth, leave a berth, change a

berth, they shall apply to pilotage agencies for piloting:

(1)   the foreign vessels in the waters of a harbor;

(2)   the nuclear-powered vessels or the vessels loaded with nuclear fuel, nuclear wastes in the waters of a harbor;

(3)   the vessels loaded with dangerous chemical liquid in bulk;

(4)   the other vessels which need to be piloted according to laws, regulations.

Article 20 Pilotage agencies shall work out piloting plans and arrange pilots of

corresponding ranks to do piloting.

       A pilot shall make a working plan for piloting, board a vessel at a prescribed starting place for piloting and leave the vessel at the destiny of piloting, and report to the department of maritime affairs.

       Article 21 Vessels shall apply to the department of maritime affairs for escorting in one of the following situations:

(1)   to carry nuclear fuel, nuclear wastes in the waters of a harbor;

(2)   the other situations in which escorting is needed according to laws, regulations.

If the other vessels want escorting, they may apply for escorting to the department

of maritime affairs.

       The cost of escorting shall be born by the owners or operators of escorted vessels.

       Article 22 Vessels shall anchor at docks, berths, and in the announced anchor stations, anchorage sections, operation areas according to law.

       During the anchoring time, there shall be enough personnel on duty to stay on a vessel to make sure of safe operation of the vessel, and they shall keep listening to prescribed frequency channels.

       Article 23 When anchoring at an anchor station, a vessel shall report to the departments of maritime affairs the time, place of anchoring and the estimated time of the next move.

       If a vessel needs to anchor temporarily in the other sea areas for an emergency, it shall immediately report to the department of maritime affairs and anchor at a designated place.

       Article 24 Except for the vessels engaging in an operation of refueling, power supply, water supply, maintenance, unloading by lighter at sea, receiving ship pollutants, etc., the vessels of 1,000 tons or more or the vessels loaded with dangerous goods shall not anchor side by side; if there is indeed a need to anchor side by side, it shall be reported to the department of maritime affairs for approval; the department of maritime affairs shall make a decision whether to approve it within 2 business days after receiving the application.

       As for the other vessels to anchor side by side, the total width of side-by-side anchoring shall not exceed 30 meters.

       Article 25 If a vessel needs to disassemble and repair a boiler, a main engine, an anchor engine, a helm engine or to make a trial voyage, it shall be reported to the department of maritime affairs ahead of operation.

       Article 26 When operating with burning fire on a vessel in the waters of a harbor, the vessel or the shipyard shall report the time, place, position, and safety measures of the operation to the department of maritime affairs in advance of the operation. In case of operating with burning fire in an engine room, oil pipes, closed places or other places easy to have fire and explosion, an explosion test shall be done before the operation.

       Article 27 If a vessel installs, builds facilities or engages in the other activities, which might adversely affect the navigation safety, in harbor areas, anchor stations, channels, heavy traffic areas, and the sea routes announced by the department of maritime affairs, it shall file an application to the department of maritime affairs for approval according to the rules.

       If a vessel engages in the following operations or activities, which might adversely affect the navigation safety, in the areas other than those referred to in the previous section, the operating unit shall formulate an operation plan and the corresponding measures of safety and pollution control, and inform the department of maritime affairs in writing of the operation plan and the corresponding measures of safety and pollution control:

(1)   exploration, excavation;

(2)   building, installing, maintaining, dismantling structures or facilities above water or under water;

(3)   laying, inspecting and repairing, dismantling electric cables or pipelines above water or under water;

(4)   erecting bridges, cableways;

(5)   salvaging, dismantling sunken ships, sunken objects.

At the end of operation, there shall be not hidden danger for safety left on the spot.

If there is a possibility to have a hidden danger for safety, the operation unit shall do sea-floor scanning and report the data of scanning to the department of maritime affairs; if there is a hidden danger for safety, the operation unit shall promptly eliminate it.

       Article 28 It shall be prohibited to do breeding, fishing in channels, harbor basins, u-turn sections, outpost sections, navigation-avoidance sections, anchor stations, recommended shipping routes.

Chapter IV Safety Guarantees for Navigation

       Article 29 The owners, operators, managers of vessels, facilities shall establish, improve a management system of safe production on the sea, and carry out the responsibility system of safe production.

       Article 30 The captain of a vessel shall be the responsible person for the vessel' s safety, and take charge of the vessel' s safety in all the respects of navigation, anchoring and operation.

       The captain shall have the right to make independent judgments and decisions on maritime traffic safety, except for those that might do damages to the public interests and maritime environment.

       Article 31 The personnel of vessels, facilities in charge of maritime traffic safety shall do both maintenance and services on time for the vessels, facilities and for the equipments related to maritime traffic safety, and keep them in the normal, efficient state.

       Article 32 It shall be prohibited to use the communication frequencies, channels for maritime traffic safety to have an exchange which is not related to maritime traffic safety.

       Article 33 The department of maritime affairs shall, in accordance with the related laws, regulations, the functional division of sea areas, the overall arrangement plan of harbors, and the needs of maritime traffic safety, designate, adjust, or cancel u-turn sections, outpost sections, navigation-avoidance sections, sea routes, anchor stations, recommended shipping routes, and other traffic control areas related to maritime traffic safety, and make them public to society.

       Article 34 The department of maritime affairs shall, jointly with the departments of transportation, maritime administration, designate the areas for leisure vessels' activities according to the needs of maritime traffic safety, and report to the municipal government for approval.

       Article 35 In case of installation, dismantling or adjustment of navigation marks, it shall be reported to the department of maritime affairs immediately.

       Article 36 The units to maintain sea routes, navigation marks shall maintain and take care of sea routes, navigation marks, keep them in good conditions, and ensure the opening of sea routes.

       Article 37 It shall be prohibited for vessels, facilities to be moored to navigation marks. There shall be no block to be constructed or installed around a navigation mark to reduce its working efficacy.

       In case of collusion with, destruction of navigation marks, it shall be reported to the units of navigation mark maintenance and the department of maritime affairs instantly.

       Article 38 Navigation announcements, navigation warnings shall be issued by the department of maritime affairs.

       Navigation announcements or navigation warnings shall be issued for the following matters:

(1)   a vessel and its personnel meet with a mishap;

(2)   the installation, removal, reconstruction, change or malfunction of navigation marks and piloting facilities;

(3)   a sunken ship and objects which block navigation are discovered, and the salvage, removal of the ship, objects which block navigation is under way;

(4)   conducting a survey of marine hydrology, geology, and installing survey marks;

(5)   designating, changing or canceling no-navigation areas for military reasons, and also training areas;

(6)   the other matters for which navigation announcements or navigation warnings shall be issued according to laws, regulations.

Article 39 The installation or construction in the sea areas open to navigation and

within their shorelines of stationary facilities above or under water, or coast projects which might adversely affect the safety of navigation, anchoring, operation on the sea shall satisfy the national standards and norms of navigation safety, go through the evaluation of navigation safety, and be reported to the department of maritime affairs for approval according to the rules of the state.

       Article 40 Docks shall satisfy the requirements for the safety of vessels in operating, approaching and leaving berths, meet the related standards, norms, and be provided with the equipments and materials of loading and unloading, firefighting, pollution controlling, and emergency managing which meet the national technological standards.

       Article 41 The docks or floating facilities for leisure vessels to anchor and for passengers to embark and disembark shall pass the process of examination and acceptance conducted by the administrative department of transportation.

       The operators of the docks and floating facilities referred to in the previous section shall post tourist guides for safety on conspicuous spots.

       When a leisure vessel sets out on a voyage, its operator shall specially assign persons on duty at the dock or floating facilities, and keep the communication between the persons on duty and the vessel unobstructed.

      Article 42 After the construction, reconstruction or extension of a fairway, a harbor basin, a berth have been completed, the construction unit shall conduct a sea-sweeping survey promptly and report the survey result to the department of maritime affairs and the administrative department of harbor management.

       The operating enterprise of a dock shall fathom the water depth of entering fairways, harbor basin, berths according to the following rules, and report in writing the data of the water depth to the department of maritime affairs and the administrative department of harbor management:

(1)   to conduct at least one survey every 12 months in the east harbor region;

(2)   to conduct at least one survey every 6 months in the west harbor region.

Article 43 If any vessels, facilities, or articles get stranded, sink, or float in the

sea areas open to navigation, the vessels, facilities or their owners, operators shall report to the department of maritime affairs immediately.

       If stranded objects, sunken objects, or floating objects affect the maritime traffic order or navigation safety, their owners or operators shall salvage, remove them according to the related rules of the state; if the situation is emergent or the owner, operator fail to do salvage, removal according to the rules, the department of maritime affairs shall promptly organize salvage and removal, and the cost shall be born by the owner or the operator; if the owner or the operator cannot be identified, or they are not capable to bear the cost, the municipal government shall make a comprehensive arrangement to solve this problem, and the salvaged objects shall be disposed of by the municipal government.

       Article 44 If there is one of the following situations, the department of maritime affairs may take the maritime traffic control measures such as setting a certain time for navigation, setting a speed limit for navigation, allowing only one-way navigation, closing navigation, etc., and announce these measures as well:

(1)   the foul weather;

(2)   an offshore operation of large scope;

(3)   a maritime traffic accident adversely affecting the safety of navigation;

(4)   large-scale mass activities or sports competitions on the sea;

(5)   the other situations severely affecting the safety of navigation.

Article 45 When affected by a tropic turbulence or other bad weather, vessels,

facilities shall promptly take guarding measures.

       The department of maritime affairs shall, according to the related rules, provided the related information of tropic turbulence and other bad weather for vessels, facilities to take guarding measures.

       Article 46 If the related departments hold up, detain vessels, they shall promptly report to the department of maritime affairs and take measures to ensure the safety of the held-up, detained vessels

       Article 47 In case of discovery of a hidden danger for maritime traffic safety, the department of maritime affairs shall order the related unit and individuals to eliminate it immediately or by a deadline; if the related unit and individuals fail to eliminate it immediately or by the deadline, the department of maritime affairs may order the vessel, facilities to stop navigation, stop operation, reduce their loads, leave a harbor, or prohibit them from entering and leaving a port.

       Article 48 The department of maritime affairs shall analyze the situation of maritime traffic safety on a regular basis, and make the analysis conclusions public to society.

Chapter V Marine Search and Salvage and Accident Management

       Article 49 Marine salvage organizations shall work out emergency plans for searching for and rescuing human life on the sea under their respective jurisdictions (hereinafter referred to as emergency plan), report to the municipal government for approval, and then put these plans into implementation.

       A marine savage organization shall often organize its member units for a drill. Various member units shall perform their obligations according to the emergency plan, and obey the unified coordination, organization and command of the marine salvage organization.

       The municipal government shall give subsidies to the special fund for the operation of marine salvage organizations.

       Article 50 When a vessel, facilities, personnel meet with a mishap at sea, they shall promptly report the time, location, state of the mishap and also the salvage request to the department of maritime affairs.

       If vessels, facilities, and personnel find an accident or receive a distress signal at sea, they shall make all the efforts to salvage the personnel in distress, and reported the related situation to the department of maritime affairs on time.

       It shall be prohibited to maliciously dial the special phone number for marine salvage or to maliciously send a distress signal; if a distress signal is sent by a mistake, it shall be corrected promptly, its effects shall be eliminated, and a report shall be filed to the department of maritime affairs immediately.

       Article 51 When receiving a GMDSS, the department of maritime affairs shall immediately verify the situation and report to marine salvage organizations on time.

      After receiving the report of the dangerous situation, the marine salvage organization shall instantly start up the emergency plan, coordinate and organize the member units to participate in salvage. The related units and individuals shall actively participate in salvage according to the order of the marine salvage organization.

       Article 52 The vessels, facilities, personnel near to the spot of a distress shall obey the unified management and direction of the marine salvage organization, the department of maritime affairs.

       The units, vessels, personnel participating in salvage shall promptly report to the marine salvage organization, the department of maritime affairs the progress and the outcome of salvage.

       Without the agreement of the marine salvage organization, the department of maritime affairs, or their announcement of the end of salvage, the units, vessels, personnel participating in salvage shall not withdraw from salvage by themselves.

       Article 53 The marine salvage organizations shall designate corresponding medical institutions to be responsible for providing medical emergency treatment on the sea.

       The medical institutions shall promptly give emergency treatment to the wounded personnel of a maritime distress, and shall not delay the treatment because of the delay of the payment for medical expenses.

       Article 54 The municipal government shall actively contact and consult neighboring local governments, establish a joint coordination mechanism of marine salvage, and conduct salvage together in major accidents.

       Article 55 Governments at various levels and the related departments shall properly handle the remaining problems of marine salvage according to the related rules of the state in an active way.

       Article 56 When a maritime traffic accident takes place, vessels, facilities and their owners or operators shall report to the department of maritime affairs immediately.

       When a major maritime traffic accident or an extraordinarily major maritime traffic accident takes place, the department of maritime affairs shall report to the municipal government immediately, and stat up the emergency plan according to the rules.

       Article 57 When investigating a maritime traffic accident and obtaining evidence, the department of maritime affairs shall take all factors into account, be objective and fair, and come to a conclusion within 30 days after the end of the investigation of the maritime traffic accident, and inform the parties concerned in writing.

Chapter VI Legal Liabilities

       Article 58 If there is one of the following situations, the department of maritime affairs shall order correction and impose a fine of more than 1,000 but less than 5,000 RMB, if the circumstances are serious, the certificates of position of the relates responsible crew members shall be suspended for 3 months:

(1)   in violation of Article 11 of these regulations, a vessel fails to report according to the rules when entering and leaving a vessel reporting sections;

(2)   in violation of the first section of Article 13 of these regulations, a vessel fails either to make clear its intention or to keep in touch with the other vessels to make way for each other as they have to;

(3)   in violation of the second section of Article 20 of these regulations, a pilot fails to board and to leave a vessel at designated places;

(4)   in violation the first section of Article 23 of these regulations, a vessel fails to report the related information to the departments of maritime affairs when stopping at an anchor station;

(5)   in violation of Article 25 of these regulations, an operation is not reported to the department of maritime affairs in advance;

(6)   in violation of Article 26 of these regulations, a vessel fails either to report to the department of maritime affairs in advance of an operation with burning fire or to do an explosion test;

(7)   in violation of the second section of Article 27 of these regulations, the activities which might adversely affect navigation safety are under way;

(8)   in violation of Article 32 of these regulations, the communication frequencies, channels for maritime traffic safety are used for the exchange not related to maritime traffic safety;

(9)   in violation of Article 35 of these regulations, navigation marks are installed, removed, or adjusted without reporting to the department of maritime affairs immediately;

(10)   in violation of the second section of Article 37 of these regulations, collusion with, destruction of a navigation mark is not reported immediately to the unit of navigation marks maintenance and the department of maritime affairs;

(11)   in violation of the third section of Article 41 of these regulations, no persons is specially assigned to be on duty or communication is not keep unobstructed;

(12)   in violation of the first section of Article 43 of these regulations, when a vessels, facilities or articles get stranded, sink, float in the sea areas for navigation along the coast, the vessels, facilities or their owners, operators fail to report to the department of maritime affairs immediately;

(13)   in violation of the third section of Article 50 of these regulations, the special phone number for marine salvage is maliciously dialed, a distress signal is maliciously sent, or no report is instantly filed to the department of maritime affairs in case of sending a distress signal by mistake.

Article 59 If there is one of the following situations, the department of maritime

affairs or the offices of fishery and fishing harbor superintendence shall order correction and impose a fine of more than 2,000 but less than 5,000 RMB:

(1)   violation of the first section of Article 8 of these regulations by failure to obtain a vessel inspection certificate or to be provided with corresponding equipments of communication, lifesaving, firefighting and a qualified crew;

(2)   violation of Articles 17, 18 of these regulations by failure to undertake tourism, sightseeing, entertainment according to the rules.

Article 60 In case of violation of Article 28 of these regulations by operation in

breeding or fishing, the department of maritime affairs shall order correction by a deadline and impose a fine of more than 2,000 but less than 5,000 RMB; if the correction is not done after the deadline, a coercive removal shall be carried out, and the cost of the removal shall be born by the party concerned.

       Article 61 If there is one of the following situations, the department of maritime affairs shall order correction and impose a fine of more than 5,000 but less than 10,000 RMB; if the circumstances are serious, the certificates of position of the related responsible crew members shall be suspended for 6 months:

(1)   violation of the first section of Article 12 of these regulations by exceeding the speed limit in navigation;

(2)   violation of Article 15 of these regulations by doing vessel hauling without a certificate of competence for hauling or by failure to do hauling according to the rules;

(3)   violation of Article 16 of these regulations by navigating with overload, carrying more passengers than the fixed capacity, or carrying passengers without approval;

(4)   violation of Article 19 of these regulations by sailing, approaching a berth, leaving a berth, changing a berth without applying for piloting;

(5)   violation of the second section of Article 23 of these regulations by anchoring temporarily in the other sea areas without reporting to the department of maritime affairs immediately;

(6)   violation of Article 24 of these regulations by anchoring side by side without approval or by exceeding 30 meters in terms of the total width of anchoring side by side for the other ships;

(7)   violation of the first section of Article 27 of these regulations by installing, constructing facilities without approval;

(8)   violation of the first section of Article 37 of these regulations by reducing the working efficacy of a navigation mark;

(9)   in violation of the first, third sections of Article 52, vessels, facilities, personnel fail to obey the unified management and direction of the marine salvage organization and the department of maritime affairs or withdraw from salvage without authorization.

Article 62 If a dock or floating facilities is put into use without going through the

process of examination and acceptance in violation of the first section of Article 41 of these regulations, the administrative department of transportation shall order correction and impose a fine of more than 5,000 but less than 10,000 RMB.

       Article 63 In case of violation of Article 42 of these regulations by failure to report the survey result or the water-depth data, the department of maritime affairs or the administrative department of harbor management shall order correction and impose a fine of more than 5,000 but less than 10,000 RMB.

       Article 64 If there is one of the following situations, the department of maritime affairs shall order correction and impose a fine of more than 10,000 but less than 20,000 RMB; if the circumstance are serious, the certificates of position of the related responsible crew members shall be suspended for 1 year:

(1)   violation of the second section of Article 12 of these regulations by chasing and passing or navigating side by side;

(2)   violation of the first section of Article 21 of these regulations by failure to applying for escorting.

Article 65 In case of violation of the second section of Article 9 of these

regulations, the department of maritime affairs shall order stopping navigation or stopping operation, and impose a fine of more than 10,000 but less than 30,000 RMB, coercively scrap the vessels, facilities which should be scraped, and coercively dismantle the vessels, facilities without name, home port, load line according to the rules of the state.

       Article 66 In case of violation of Article 39 of these regulations by operating without approval, the department of maritime affairs shall order correction and impose a fine of more than 20,000 but less than 50,000 RMB.

       Article 67 If the parties concerned refuse to accept the specific administrative acts of the department of maritime affairs and the related departments, they may apply for an administrative review or start an administrative litigation according t o law.

       Article 68 If the department of maritime affairs and the related departments fail to execute their duties according to the related laws, regulations, administrative sanctions shall be imposed on the directly responsible persons in charge and the directly responsible persons according to law.

       If the staff members of the department of maritime affairs and the related departments abuse power, neglect duties, practice favoritism and engage in irregularities, the units which they are affiliated with or the supervision departments shall impose administrative sanctions according to law; if a crime is constituted, the criminal responsibility shall be investigated into according to law.

Chapter VII Supplementary Provisions

       Article 69 The meaning of the following terms referred to in these regulations shall be as follows:

(1)   vessels mean various water-displacing or non-water-displacing ships, boats, rafts, hydro-aircrafts, scubas, mobile platforms and other mobile devices.

(2)   facilities mean the structures, installations which are tied by non-rigid means of cable or hawser, etc., and float or submerge under sea.

(3)    a passenger ship means the ship with the approved capacity to carry 12 passengers or more;

(4)   a high-speed passenger ship means the passenger ship with the designed hourly speed of 25 nautical miles or more on static water in coastal sea areas.

(5)   a leisure vessel means a vessel with the approved capacity to carry less than 12 passengers for the public to enjoy tourism, sightseeing, or entertainment at sea.

Article 70 The municipal, district departments of fishery and the offices of

fishery and fishing harbor superintendence shall be responsible for the administration of the traffic safety in fishing harbors and in the sea areas of fishing harbors according to the related provisions of laws, regulations.