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Our country is the world's biggest fish producer, with the fishing industry occupying an important position in the national economic and social development. In recent years, along with the changes in the international ocean management system and the development of fishing industry, foreign-related fishing events have taken place from time to time, which caused gross damages to fishermen's lives and property and adverse international effects. This Circular is hereby issued as follows with the approval of the State Council for the purpose of further strengthening the administration of foreign-related fishing activities: I. ENHANCING UNDERSTANDING, TAKING THE FISHING INDUSTRY, FISHING ZONES AND FISHERMEN INTO OVERALL CONSIDERATION AND TREATING THE RELEVANT PROBLEMS ACCORDINGLY To conduct proper administration of foreign-related fishing activities is our country's international duty, which is of importance to the safety of fishermen's lives and property and the sound development of fishing industry, to the international image of our country as a conscientious country, to the diplomatic situation of "stable borders" and to the protection of China's sovereignty and marine rights and interests. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments of the State Council shall attach great importance to the issue and properly treat the relations between the fishing production and the protection of fishing resources and between the improvement of fishermen's production and living conditions and the protection of the safety of fishermen's lives and property, and take the development of fishing industry, stable situation of fishing zones and fishermen's livelihood into overall consideration. We should properly conduct the adjustment of marine fishery structure and the transfer of production and occupation of fishermen, effectively lighten the burden on fishermen, maintain the stability of fishermen's livelihood and fishing zones, and promote the sound development of fishing economy. II. CLARIFYING THE DIVISION OF RESPONSIBILITIES, STRENGTHENING THE ADMINISTRATION AND PROMPTLY SETTLING THE FOREIGN-RELATED FISHING EVENTS Foreign-related fishing activities shall be regulated in a comprehensive way according to the principle of division of responsibilities and coordination among different departments, hierarchical administration by local governments and responsibility of the government of the place of the enterprise and fishing vessel. The departments of fishery, foreign affairs, public security (border defense), commerce, marine affairs and customs of the State Council shall closely coordinate with each other, promptly exchange information, assume their respective responsibility according to the division of functions, properly settle the foreign-related fishing events and strengthen the work of early warning for pelagic fishing; local people's governments at various levels shall strengthen their leadership in foreign-related fishing activities, and conduct inculcation in, supervision over and management of fishing enterprises, owners and crew of fishing vessels. Enterprises and persons engaging in foreign-related fishing activities must strictly abide by the relevant laws and regulations and international treaties concluded or acceded to by China, and lessen and avoid the occurrence of foreign-related irregular events. Where any foreign-related fishing event occurs, the enterprise to which the fishing vessel concerned belongs to or the owner of such vessel must promptly adopt effective measures, minimize the effects and damages and losses that may be caused by the event, and promptly and accurately report the event to the relevant authority in accordance with the relevant provisions. The relevant department of the State Council, the relevant embassy (consulate) abroad and the people's government of the place of the enterprise to which the fishing vessel belongs to or the owner of the vessel shall closely coordinate with each other, promptly and properly settle the relevant problems. In the case of any event that cannot be settled immediately, the local people's government shall organize and urge the enterprise to which the fishing vessel belongs to or the owner of the vessel to recall the crew and vessel, settle the matters remaining abroad and resolve contradictions and, if the event needs to be settled abroad, promptly send a working group to settle the matters in cooperation with the relevant Chinese embassy (consulate) abroad. III. RAISING THE QUALITY OF THE PEOPLE CONCERNED, ENHANCING THEIR ABILITY TO PREVENT AND WITHSTAND RISKS We should strengthen the education and training of the people concerned, especially the captains, ship owners and managerial personnel of the enterprises, enhance their awareness of law and consciousness to observe law and discipline and the ability of the enterprises and fishermen to prevent and withstand risks. The administrative departments for fishery at various levels shall strengthen the supervision on and administration of fishing enterprises and vessel crew, standardize the work of training and examinations of and certificate issuance for vessel crew, strictly observe the safety standards and regulations for fishing vessels, improve the quality and raise the outfit level of fishing vessels, and continuously raise the professional quality of the vessel crew and the safety performance of the fishing vessels. We should give full play to the role of fishery associations, establish a mechanism of self-adjustment, service and discipline of fishing enterprises and fishermen. IV. STRICTLY IMPLEMENTING THE LAWS AND REGULATIONS CONCERNING FISHERY ADMINISTRATION AND STRENGTHENING LAW ENFORCEMENT The administrative departments for fishery at various levels shall strictly implement the Fishery Law of the People's Republic of China and other relevant laws, regulations and rules, strictly carry out the international treaties concluded and acceded to by China, and bilateral fishery agreements and relevant regulatory provisions made between China and other relevant countries, and conduct the administration of foreign-related fishing activities in accordance with the statutory procedures, conditions and requirements. The fishery law enforcement authorities shall continuously strengthen the cruising and protection work in key sea areas, strengthen the supervision and inspection on illegal and irregular acts in fishing activities and the punishment for such acts, and try to lessen the occurrence of foreign-related irregular events. V. STRENGTHENING THE BUILDING OF THE CONTINGENT OF FISHERY LAW ENFORCEMENT, AND RAISING THE LEVEL OF THE ADMINISTRATION OF FOREIGN-RELATED FISHING ACTIVITIES To build up a fishery law enforcement contingent of high quality is a guarantee for doing well in the administration of foreign-related fishing activities. All localities shall, in accordance with the relevant provisions of the State Council, continuously promote the administration of fishery administration and law enforcement contingents under the system of administration of public servants, and effectively strengthen the building of the fishery law enforcement contingent. Where any local fishery or fishing harbor supervision and administration agency at any level is to be put under the public servant system, it shall be subject to approval according to the relevant provisions. Local fishery and fishing harbor supervision and administration agencies at various levels already put under the public servant system shall be under standardized administration in strict accordance with the Interim Regulations on Public Servants. Strengthen the training of fishery law enforcement personnel in respect of the administration of foreign-related fishing activities and raise the professional level of the law enforcement contingent. Adopt the method of "separation between revenue and expenditure", increase the funds for law enforcement in respect of foreign-related fishing activities, steadily improve the fishery law enforcement equipment and raise the law enforcement efficiency. |
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