28 Common legal basis
1. It is strictly forbidden to fish in the closed fishing area or during the closed fishing period, and the fishing auxiliary boats should be closed synchronously with the fishing boats with different operations.
Main legal basis:
(1) Articles 30 and 38 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 48 and 59 of the Regulations on Fisheries Management in Zhejiang Province;
(3) Articles 340th and 346th of the Criminal Law of People's Republic of China (PRC) (crime of illegal fishing of aquatic products).
2. It is strictly prohibited to illegally fish the fry and pregnant parents of aquatic animals with important economic value or fish aquatic products in aquatic germplasm protection areas.
Main legal basis:
(1) Articles 29, 3 1, 4 1, 42 and 45 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 340th and 346th of the Criminal Law of People's Republic of China (PRC).
3, it is strictly prohibited to use electricity, poison, explosion and other methods to destroy fishery resources for fishing.
Main legal basis:
(1) Articles 30 and 38 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 340th and 346th of the Criminal Law of People's Republic of China (PRC).
4, prohibit the use of electric pulse, cage net, multi-layer bag net trawl and other prohibited fishing gear for fishing.
Main legal basis:
(1) Articles 30 and 38 of the Fisheries Law of People's Republic of China (PRC);
(2) Article 42 of the Regulations of Zhejiang Province on Fisheries Management;
(3) Articles 340th and 346th of the Criminal Law of People's Republic of China (PRC).
5. It is forbidden to kill, injure or illegally buy or sell aquatic wild animals under special state protection.
Main legal basis:
(1) Article 37 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 16, 22, 3 1 and 35 of People's Republic of China (PRC) Wildlife Protection Law;
(3) Articles 12, 18, 26 and 28 of the Regulations for the Protection of Aquatic Wild Animals in People's Republic of China (PRC);
(4) Articles 340th and 346th of the Criminal Law of People's Republic of China (PRC).
6. It is strictly prohibited to forge, alter, buy, sell, lease or fraudulently use all kinds of fishery-related certificates (including fishing licenses, fishing vessel registration (nationality) certificates, fishing vessel inspection certificates, job crew certificates, general crew certificates, etc. ).
Main legal basis:
(1) Articles 23 and 43 of the Fisheries Law of People's Republic of China (PRC);
(2) Article 37 of the Regulations on the Inspection of Fishing Vessels in People's Republic of China (PRC);
(3) Article 44 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province;
(4) Articles 16, 18 and 25 of the Regulations on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC);
(5) Article 280 of the Criminal Law of People's Republic of China (PRC) (crime of forging certificates of state organs).
7. It is strictly prohibited to engage in related activities in violation of regulations in fishing port waters (including naked fire operation, setting off fireworks and firecrackers, loading and unloading inflammable, explosive and toxic dangerous goods, dumping or dumping silt, garbage, waste, discharging oil, oily mixture and other toxic and harmful substances, engaging in fishing and breeding that hinders maritime traffic safety, engaging in illegal or illegal construction operations on water and underwater, occupying or damaging fishing port facilities such as navigation AIDS).
Main legal basis:
(1) Articles 8, 9, 10, 2 1 of the Regulations on Traffic Safety Management in People's Republic of China (PRC) Fishing Port Waters;
(2) Articles 14, 15, 16, 4 1 of Regulations on the Management of Fishing Vessels in Fishing Ports in Zhejiang Province;
(3) Articles 10,1,1,13, 14, and 30 of the Regulations on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC);
(4) Articles 1 14, 1 15 (crime of throwing dangerous substances and endangering public security by dangerous means), 134 (crime of major liability accident) and 6544 of the Criminal Law of People's Republic of China (PRC).
8, it is strictly prohibited to illegally manufacture, update and transform fishing boats (including unauthorized construction, unauthorized installation or change of fishing facilities, unauthorized change of fishing boat load line, main engine power, tonnage and main dimensions).
Main legal basis:
(1) Article 34 of the Regulations on the Inspection of Fishing Vessels in People's Republic of China (PRC);
(2) Articles 22, 23, 24 and 42 of the Regulations on the Administration of Fishing Ports in Zhejiang Province;
(3) Articles 134 (crime of major accidents), 140, 146, 149 and 150 (crime of producing and selling fake and inferior products)
9, it is strictly prohibited to manufacture, update and transform fishing boats in the shipyard (point) without approval and registration.
Main legal basis:
(1) article 14 of the measures for investigating and banning unlicensed operation in the State Council;
(2) the State Council's reply on the notice of cleaning up and banning the "three noes" ships;
(3) Articles 225 (crime of illegal business operation), 134 (crime of serious accidents), 135 (crime of serious labor safety accidents) and 136 (crime of causing accidents by dangerous goods) of the Criminal Law of People's Republic of China (PRC).
10, it is forbidden to interfere with official duties and resist law enforcement.
Main legal basis:
(1) Article 39 of the Detailed Rules for the Implementation of People's Republic of China (PRC) Fisheries Law;
(2) the State Council's reply on the notice of cleaning up and banning the "three noes" ships;
(3) Article 277 of the Criminal Law of People's Republic of China (PRC) (crime of obstructing official duties).
1 1. Fishing without a license is strictly prohibited.
Main legal basis:
(1) Articles 23 and 4 1 of the Fisheries Law of People's Republic of China (PRC).
12, fishing with nets smaller than the minimum mesh size shall not be used (trawl shall not be less than 54 mm, among which shrimp shall not be less than 25 mm; Purse seine shall not be less than 35 mm; The gill net shall not be less than 1 10, 90 and 50 mm respectively; The mesh type shall not be less than 55 mm, 50 mm and 35 mm respectively; Miscellaneous fishing gear shall not be less than 35 mm; Trap shall not be less than 35 mm, cage shall not be less than 25 mm).
Main legal basis:
(1) Articles 30 and 38 of the Fisheries Law of People's Republic of China (PRC);
(2) Announcement of the Ministry of Agriculture [20 13]No. 1.
13, fishing boats are not allowed to carry fishing nets prohibited from operation during the fishing ban period.
Main legal basis:
(1) Articles 48 and 59 of the Regulations of Zhejiang Province on Fisheries Management.
14, fishing shall not be carried out in violation of the provisions of the fishing license on the type of operation, place, time limit and the number of fishing gear.
Main legal basis:
(1) Articles 25 and 42 of the Fisheries Law of People's Republic of China (PRC).
15, fishing boats are not allowed to fish across provinces and seas without approval.
Main legal basis:
(1) Articles 25 and 42 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 20 and 24 of the Regulations of the Ministry of Agriculture on the Administration of Fishing Licenses.
16. Fishing boats without valid fishing licenses, registration (nationality) certificates and inspection certificates are not allowed to go to sea for production.
Main legal basis:
(1) Article 4 1 of the Fisheries Law of People's Republic of China (PRC);
(2) Articles 12 and 13 of the Regulations on Traffic Safety Management in People's Republic of China (PRC) Fishing Port Waters;
(3) Article 16 of Provisions on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC);
(4) Articles 34 and 44 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province.
17, fishing boats are not allowed to illegally carry passengers, load and pile up excessive catches on the deck.
Main legal basis:
(1) Articles 36 and 48 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province;
(2) Article 23 of the Provisions on the Supervision and Administrative Punishment of Fishing Ports in People's Republic of China (PRC).
18, recreational fishing boats without inspection and registration shall not engage in recreational business activities.
Main legal basis:
(1) Articles 27 and 45 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province.
19, fishing boats shall not sail beyond the approved navigation area, wind resistance grade and cargo capacity.
Main legal basis:
(1) Articles 36 and 48 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province;
(2) Article 23 of the Provisions on the Supervision and Administrative Punishment of Fishing Ports in People's Republic of China (PRC).
20. Fishing boats that are not effectively equipped with crew members are not allowed to go to sea for production (including fishing boats that are not fully equipped with crew members on duty, fishing boats that employ undocumented crew members to operate on board, and fishing boats with inconsistent documents).
Main legal basis:
(1) Article 22 of the Regulations on Traffic Safety Management in People's Republic of China (PRC) Fishing Port Waters;
(2) Article 47 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province;
(3) Articles 22 and 28 of the Provisions on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC).
2 1, fishing boats that have not gone through the visa formalities for entering and leaving the fishing port according to the regulations are not allowed to go to sea for production.
Main legal basis:
(1) Article 13 of the Measures for the Visa of Ships Entering and Leaving Fishing Ports in People's Republic of China (PRC);
(2) Article 9 of the Provisions on the Supervision and Administrative Punishment of Fishing Ports in People's Republic of China (PRC).
22 fishing boats that are not equipped with life-saving and fire-fighting equipment according to regulations are not allowed to go to sea for production.
Main legal basis:
(1) Article 2 1 of Provisions on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC).
23, not according to the provisions of the name, number, port of registry of fishing boats to sea production.
Main legal basis:
(1) Article 20 of the Provisions on Administrative Punishment of Fishing Port Supervision in People's Republic of China (PRC).
24. Fishing boats that fail to implement the responsibility system for production safety shall not go to sea for production (including fishing boats that fail to carry out emergency drills regularly, fail to sign safety responsibility letters, fail to formulate safety production operation procedures, and fail to rectify potential safety hazards).
Main legal basis:
(1) Articles 17 and 8 1 of the Law of People's Republic of China (PRC) on Work Safety;
(2) Articles 22, 23 and 53 of the Regulations on Fisheries Management in Zhejiang Province.
25. Fishing boats shall not be bought or sold in violation of regulations, and the fishing net tools for buying or selling fishing boats must be transferred with the ship (including fishing boats with "three no boats" and "inconsistent ship certificates", fishing boats with incomplete or invalid registration (nationality) certificates and inspection certificates, fishing boats with disputed ownership and use rights, and fishing boats with untreated illegal acts).
Main legal basis:
(1) Article 28 of the Regulations on the Administration of Fishing Vessels in Fishing Ports of Zhejiang Province;
(2) Article 13 of the Regulations of the Ministry of Agriculture on Fishing License Management.
26. It is forbidden to manufacture and sell prohibited fishing gear and non-standard fishing gear such as electric pulse, cage net and multi-layer bag net trawl.
Main legal basis:
(1) Articles 42 and 59 of the Regulations on Fisheries Management in Zhejiang Province;
(2) Announcement [2013] No.2 of the Ministry of Agriculture.
27. It is forbidden to supply oil, ice, frozen or buy catches to illegal fishing boats during the fishing ban.
Main legal basis:
(1) Article 59 of the Regulations of Zhejiang Province on Fisheries Management.
28. The catch illegally caught in the closed fishing area or during the closed fishing period shall not be sold.
Main legal basis:
(1) Article 38 of the Fisheries Law of People's Republic of China (PRC);
(2) Article 59 of the Regulations of Zhejiang Province on Fisheries Management
Circular 20 16 of Zhejiang Ocean and Fisheries Bureau on Marine Fishing Prohibition in Zhejiang Province
Zhehai Fishery Administration [2016] No.7
According to the relevant provisions and requirements of the Fisheries Law of People's Republic of China (PRC), the Regulations on Fisheries Management in Zhejiang Province and the Notice of the General Office of the Ministry of Agriculture on Doing a Good Job of Fishing in the Summer of 20 16 (No.201615), combined with the actual situation in our province, 2065 438+ is now available.
I. Types of fishing closures
All kinds of jobs, except fishing gear.
Second, the fishing season and fishing time
(1) No fishing season for Portunus trituberculatus: in the coastal and offshore waters from 27 degrees north latitude to 365,438+0 degrees north latitude, it is forbidden to produce Portunus trituberculatus or juvenile Portunus trituberculatus from 65,438+02 on April 65,438+0 to 65,438+02 on September 438+06.
(2) purse seine and boat net (purse seine) fishing time: May/KOOC-0/day/KOOC-0/2 to July/KOOC-0/day/KOOC-0/2.
(3) Fishing time of single anchor Zhang Gang fixed net (sail fixed net): May/KOOC-0/day/KOOC-0/2 to September/KOOC-0/6/KOOC-0/2; Fishing time for other net casting operations: June 1 to September 1 12.
(4) Fishing time of single-boat truss trawl (truss dragging shrimp), cage and gill net: June 1 day to August 1 day 12 hours.
(5) The fishing time of marine fishing operations such as trawl is from June 1 day to September 12.
(6) Provisions on the protection of the spawning hairtail reserve: from 28 degrees 30 minutes north latitude to 30 degrees 30 minutes east longitude to the sea area east of the bottom trawl fishing ban line, and from May 2 12 to June 30 12, motorized fishing boats, trawlers and other fishing boats mainly engaged in spawning hairtail fishing are prohibited from entering the reserve for production.
(7) Regulations on the Protection of National Aquatic Germplasm Resources of Hairtail in the East China Sea: From April 12 to July 12, all fishing operations are prohibited in the core area (Note: the core area is connected by the following six points: point A: 30 degrees 30 minutes north latitude, and east longitude 123 degrees 60 minutes. Point D: 29 degrees 0 minutes, 122 degrees 35 minutes; H point: 28 degrees and 30 minutes, 122 degrees 10 minutes; Point I: 28 degrees 30 minutes, 122 degrees 30 minutes; E point: 29 degrees 0 minutes, 122 degrees 55 minutes; Point B: 30 degrees and 30 minutes, 123 degrees and 30 minutes).
(8) If two types of operations or one type of operations are approved in the fishing license, as long as one type of operations is still in the fishing moratorium, the fishing boat shall still be closed, and no operation change shall be implemented during the fishing moratorium (except for operations with the same or longer fishing moratorium).
(nine) fishery auxiliary vessels shall be closed synchronously with the above different operations.
This is a message for you.
Zhejiang Ocean and Fisheries Bureau
2065438+March 2, 20061
Measures for the implementation of marine administrative punishment
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations in order to standardize marine administrative punishment and protect the legitimate rights and interests of units and individuals.
Article 2 These Measures shall apply to units and individuals that violate marine laws, regulations or rules such as the use of sea areas, marine environmental protection, submarine cable and pipeline laying, and foreign-related marine scientific research management. The organ that implements the marine administrative punishment shall implement the marine administrative punishment according to law.
Article 3 The maritime administrative department of the people's government at or above the county level shall be the executing organ of maritime administrative punishment (hereinafter referred to as the executing organ).
If the enforcement agency has an inspection agency in China, the marine administrative punishment shall be borne by the inspection agency in China; There is no China patrol agency, which shall be implemented by the maritime administrative department at the corresponding level.
China maritime patrol agencies shall implement maritime administrative punishment in the name of the maritime administrative department at the same level.
Article 4 The executing organ at a higher level has the right to supervise and correct the maritime administrative punishment of the executing organ at a lower level.
With the consent of the implementing organ at the same level, the superior China inspection agency may supervise the marine administrative punishment implemented by the implementing organ at the lower level in the name of the implementing organ at the same level, and assist the administrative supervision department to investigate the administrative responsibility according to law.
Chapter II Jurisdiction
Article 5 Unless otherwise provided by laws and regulations, marine administrative punishment shall be under the jurisdiction of the executing organ where the illegal act occurred.
Article 6 Where the place where an illegal act occurs is unclear or cannot be determined, if there are clear provisions in laws and regulations, the jurisdiction shall be determined according to the provisions; If there are no clear provisions in laws and regulations, the jurisdiction shall be determined in accordance with the provisions and responsibilities.
Article 7 Any dispute over jurisdiction shall be reported to the executing organ at the next higher level for designation of jurisdiction.
Article 8 If a lower-level implementing organ thinks that the marine administrative punishment it implements needs to be under the jurisdiction of a higher-level implementing organ, it may report it to the higher-level implementing organ for decision.
Article 9 A notice (letter) of case transfer shall be made for maritime administrative punishment that is not under its jurisdiction and transferred to the executing organ or other administrative organ with jurisdiction.
Article 10 If an illegal act constitutes a crime, it shall be transferred to judicial organs according to law.
Chapter III Summary Procedure
Article 11 If an illegal act meets the following circumstances at the same time, a summary procedure may be applied to make a decision on maritime administrative punishment on the spot:
(a) the illegal facts are clear, the evidence is conclusive, and the circumstances are minor;
(two) according to the marine laws, regulations or rules, impose a fine of less than 50 yuan on individuals and a warning of less than 1000 yuan on units.
Article 12 When applying summary procedure to implement marine administrative punishment on the spot, marine supervisors shall observe the following procedures:
(a) to produce law enforcement certificates to the parties;
(two) to find out the illegal facts on the spot, collect and preserve the necessary evidence, make a record, and sign or seal it after verification by the parties concerned;
(three) to inform the parties of the illegal facts, reasons and punishment basis, and have the right to make statements and defenses;
(4) Listening to the statements and arguments of the parties, and reviewing the facts, reasons and evidence put forward by the parties, unless the parties give up their right to make statements or arguments;
(5) Fill in the written decision of maritime administrative punishment with a predetermined format and uniform number on the spot, which shall be signed or sealed by the maritime surveillance personnel and delivered to the parties for signature on the spot.
Chapter IV General Procedures
Thirteenth in addition to the maritime administrative penalties that can be made on the spot in accordance with Article 11 of these Measures, those who impose maritime administrative penalties on other maritime violations shall be investigated and dealt with.
The marine supervisor shall fill in the Form for Filing and Submitting a Batch of Marine Illegal Cases, and file the case after approval.
Fourteenth marine supervisors who have a direct interest in the case should withdraw.
Article 15 When investigating a case or conducting an inspection, there shall be no less than two marine supervisors, and they shall show their law enforcement certificates to the parties concerned, and the following methods may be adopted:
(a) to enter the scene for an inquest and inspection, to consult or copy relevant materials, and to video and take photos of the scene. A record shall be made of the inquest and inspection, which shall be signed or sealed by the inspected person, the inspected person or the witness.
(two) ask the parties, witnesses or other relevant personnel, and make a record of the inquiry. The record of investigation and inquiry shall be read by the respondent and signed or sealed; If the respondent refuses to sign or seal, there shall be two or more marine supervisors to indicate the situation in the investigation record and sign or seal it.
(three) professional and technical matters such as measurement, monitoring, inspection or appraisal can be entrusted to a qualified institution to issue a report, and the report issued can be used as evidence.
Article 16 When collecting evidence, marine supervisors may adopt the method of sampling for evidence collection.
Article 17 When collecting evidence, marine supervisors may register and keep it in advance if the evidence may be lost or difficult to obtain later. Where evidence is registered and preserved in advance, a notice of advance registration and preservation of evidence shall be made and served on the parties concerned.
Evidence registered and preserved in advance shall be processed within seven days from the date of registration and preservation.
During the period of registration and preservation, the parties concerned or relevant personnel shall not destroy or transfer the evidence.
Eighteenth sampling or registration and preservation of evidence, the parties shall be present. If the party concerned is not present or refuses to be present, the marine supervisory personnel may invite relevant personnel to testify at the scene.
Nineteenth marine supervisors shall submit the investigation report of marine illegal cases within five days after the investigation, and put forward suggestions for punishment according to the investigation results.
Article 20 The person in charge of the enforcement organ shall review the investigation results and suggestions on punishment, and make the following decisions according to different situations:
(1) If the illegal facts are established, maritime administrative punishment shall be given according to the seriousness of the case;
(2) If the illegal act is minor, maritime administrative punishment may not be imposed according to law;
(3) If the illegal facts cannot be established, maritime administrative punishment shall not be imposed;
(four) if the illegal act constitutes a crime, it shall be transferred to judicial organs.
Article 21 If the case decided to give maritime administrative punishment is a complicated case or a major maritime illegal case as stipulated in Article 41 of these Measures, the executing organ shall conduct a joint hearing.
Article 22 Before making a decision on maritime administrative punishment, the parties concerned shall be informed of the facts, reasons and basis of the punishment and the maritime administrative punishment decision to be made, and the parties concerned shall be informed of their right to state and defend themselves.
Article 23 The implementation of marine administrative punishment shall conform to the provisions of Article 39 of the Administrative Punishment Law of the People's Republic of China.
Article 24 If the general procedures are applied to investigate and deal with cases of maritime and maritime violations, and it is difficult to implement the punishment on the spot afterwards or the parties put forward it, the maritime surveillance personnel may make a decision on maritime administrative punishment on the spot and implement it. However, relevant written procedures should be completed within five days after landing.
Before making a decision on maritime administrative punishment, marine supervisors shall inform the parties concerned on the spot that they have the right to make statements and defend themselves.
This article does not apply to the investigation and handling of major maritime violations.
Chapter V Hearing Procedure
Article 25 Before imposing maritime administrative punishment on major maritime illegal cases stipulated in Article 41 of these Measures, the implementing organ shall inform the parties of the right to request a hearing; If a party requests a hearing, it shall organize a hearing. The parties concerned shall file an application for hearing within three days after being informed. If it is not put forward within the time limit, it will be regarded as giving up.
Twenty-sixth marine administrative punishment hearing notice shall be served on the parties seven days before the hearing.
Twenty-seventh hearing shall be presided over by the personnel designated by the implementing organ.
The sea surveillance personnel who undertake the case (hereinafter referred to as the case handlers) and the personnel who have a direct interest in the case shall not preside over the hearing.
Twenty-eighth parties believe that the host of the hearing has a direct interest in the case, and have the right to apply for withdrawal. Whether to withdraw or not shall be decided by the person in charge of the implementing organ.
Twenty-ninth hearing shall be attended by the parties, the case handlers and the third party who may have an interest in the outcome of the case.
The parties may entrust one or two agents to participate in the hearing, and the entrusted agent shall submit a power of attorney before the hearing is held.
Thirtieth except those involving state secrets, commercial secrets or personal privacy, the hearing shall be held in public.
Article 31 The hearing shall be conducted in the following order:
(1) The host announces the cause of action and discipline of the hearing, checks the identities of the participants in the hearing, informs the parties of their rights and obligations, and announces the beginning of the hearing;
(two) the facts, evidence, punishment basis and punishment opinions put forward by the case-handling personnel;
(3) The parties or their entrusted agents make statements and arguments on the facts of the case, produce relevant evidence and conduct cross-examination;
(4) The presiding hearer asks the case handlers, parties and witnesses about the facts, evidence and legal basis of the case;
(five) the investigators, the parties or their entrusted agents make a final statement;
(6) The presiding hearer announces the end of the hearing.
Thirty-second hearing shall make a written record. The record of the hearing shall be signed or sealed by the case-handling personnel, the parties concerned or their entrusted agents after verification.
The witness testimony part of the hearing record shall be checked by the witness and signed or sealed.
The transcripts of the hearing shall be audited by the presiding hearer and signed or sealed by the presiding hearer and the recorder.
Thirty-third after the hearing, the presiding hearer shall, according to the hearing, put forward written opinions on the facts, evidence, punishment basis and punishment suggestions of the case.
Chapter VI Services
Article 34 The written decision on maritime administrative punishment shall be served on the parties concerned within seven days after the decision is made.
Article 35 The written decision on maritime administrative punishment shall be directly served on the parties concerned. If the party concerned is an individual, I will not send it to the adult family members who live with him for signature; If the parties appoint an agent, they shall submit it to the agent for signature. If the party is a unit, it shall be sent to the legal representative or principal responsible person of the unit or the person in charge of receiving the goods of the unit for signature.
The date of receipt by the parties, adult family members of the parties, agents, legal representatives of the units, principal responsible persons or persons in charge of the receiving units shall be the date of delivery.
Article 36 If a party refuses to accept the decision on maritime administrative punishment, the addressee shall invite relevant personnel to be present to explain the situation, record the reasons and date of refusal on the service receipt, which shall be signed or sealed by the addressee and witnesses, and leave the decision on maritime administrative punishment at the residence of the addressee or the punished person, which shall be deemed as service.
Thirty-seventh direct service is difficult, you can send a written decision on marine administrative punishment by post.
If it is delivered by mail, the date of receipt by the parties concerned shall be the date of delivery; The date indicated on the delivery receipt is inconsistent with the date indicated on the registered letter receipt, or if it is not sent back, the date of receipt on the registered letter receipt shall be the delivery date.
Thirty-eighth according to the provisions of article thirty-fifth, article thirty-sixth and article thirty-seventh of these measures, it can be served by public announcement. Sixty days after the announcement, it shall be deemed to have been delivered.
When the announcement is served, the reasons and process shall be clearly stated.
Chapter VII Supplementary Provisions
Article 39 Where there are no provisions in these Measures, the relevant provisions of the Administrative Punishment Law of the People's Republic of China, the Administrative Reconsideration Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China shall apply.
Fortieth the basic document format of marine administrative punishment shall be uniformly formulated by the maritime administrative department of the State Council.
Article 41 A major maritime violation case refers to a case to be given the following maritime administrative punishment:
(1) Ordering to stop the approved offshore operation of submarine cables and pipelines, ordering to stop the approved foreign-related marine scientific research activities, ordering to stop the construction or production and use of the approved offshore engineering construction projects, and other ordering to stop the approved operation activities;
(2) Revoking the permit for dumping wastes at sea;
(three) cancel the certificate of the right to use the sea area and recover the right to use the sea area;
(4) imposing a fine of more than 5,000 yuan on individuals and a fine of more than 50,000 yuan on units and other maritime administrative penalties.
Article 42 These Measures shall come into force as of March 6, 2003.