Fishery law enforcement personnel refer to the supervision and inspection personnel engaged in fishery administration, fishing port supervision and environmental protection of fishery waters. Article 4 The implementation of fishery administrative punishment must be based on facts and take the law as the criterion, so that the facts are clear, the evidence is conclusive, the applicable law is accurate, the statutory authority and procedures are met, and the procedures are complete. Chapter II Jurisdiction Article 5 Fishery administration and fishing port supervision and management institutions at all levels (hereinafter referred to as the competent authorities) shall have jurisdiction over fishery administrative punishment cases within the scope of their own supervision and management and the scope authorized by the competent authorities at higher levels according to law.
Units authorized or entrusted by the competent department shall exercise the right of fishery administrative punishment within the prescribed scope of authority. Authorization and entrustment shall be handled in writing and filed with the higher authorities. Article 6 In any of the following circumstances, the principle of whoever collects and manages shall be implemented:
(a) the illegal acts occurred in * * * areas and overlapping areas;
(2) The illegal act occurs in waters with unclear or disputed jurisdiction;
(3) The place where the illegal act occurred is inconsistent with the place where it was seized. Article 7 Disputes over fishery administrative punishment cases shall be settled by both parties to the dispute through consultation. If negotiation fails, the jurisdiction shall be designated by the competent authority at the next higher level.
When necessary, fishery administrative punishment cases under the jurisdiction of higher authorities may be entrusted to lower authorities. Eighth in violation of fishery laws and regulations, serious violation of the criminal law, transferred to judicial organs.
Those who refuse or obstruct fishery law enforcement officers from performing their duties according to law shall be handed over to public security organs for handling.
Other cases not under the jurisdiction of the competent authority shall be transferred to the competent authority for handling.
The transfer of the case shall be completed within 30 days from the date of seizure, and the parties concerned shall be notified. Chapter III Inspection and Evidence Obtaining Article 9 When performing official duties, fishery law enforcement officers shall dressing the and produce their law enforcement certificates; If you don't wear the uniform according to the regulations, you must wear the sign. Tenth fishery law enforcement personnel in the investigation of fishery administrative punishment cases, should collect all kinds of evidence related to the case and can confirm the nature and circumstances of the illegal act.
There are the following kinds of evidence: documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, transcripts of inquests and on-site transcripts.
The above evidence must be verified before it can be used as the basis for ascertaining the facts. Eleventh to investigate and deal with fishery administrative punishment cases, you must fill in the on-site record.
Site records shall include the following main contents:
(a) the time and place of seizure;
(two) the basic situation of the actor and the fishing boat;
(3) the circumstances and consequences of the illegal act;
(4) Other relevant information.
On-site transcripts shall state the situation, record it truthfully, and be signed or sealed by the parties after verification (or read it to them by fingerprint). If the parties refuse to sign or seal, fishery law enforcement officers shall indicate it in the record. The on-site record shall be signed by two fishery law enforcement officers on the spot and the time shall be recorded. Twelfth fishery law enforcement officers have the right to investigate the parties and insiders, and the respondents shall truthfully answer and provide relevant materials as required. If the respondent refuses to answer or provide materials, it shall not affect the determination of the facts of the case according to the evidence. Thirteenth fishery administrative punishment cases involving specialized issues, shall be submitted to the specialized agencies for identification, and issue an expert conclusion. Chapter IV Handling and Enforcement Article 14 The implementation of fishery administrative punishment shall meet the following conditions:
(a) there are clear violators;
(two) there are specific illegal facts and evidence;
(three) according to the provisions of fishery laws and regulations should be given administrative punishment;
(4) Within the jurisdiction of the competent authority. Fifteenth fishery administrative punishment procedures are divided into general procedures and filing procedures.
First, if the facts are clear, the evidence is conclusive, the case is simple, and the punishment decision can be made on the spot, the general procedure shall apply.
The general procedure is as follows:
(a) on-site seizure, investigation and evidence collection, and fill in the on-site record;
(two) make a decision on punishment according to the illegal facts;
(3) Serving the penalty decision on the spot to the punished person and asking the punished person to sign for it;
(four) the implementation of the punishment decision;
(five) after registration, filing.
Two, where it is difficult to make a decision on punishment on the spot, or assigned by the superior, submitted by the subordinate, transferred and reported by other departments, the application of filing procedures.
The filing procedure is as follows:
(a) registration;
(2) Investigation and evidence collection;
(three) to determine the illegal facts and the nature of the act, and submit a report;
(four) to make a decision on punishment according to law;
(5) service and implementation;
(6) Closing the case and filing it.
The decision shall be made within 30 days from the date of filing the case. Special circumstances may be extended with the approval of the person in charge of the unit, but the extension period shall not exceed thirty days.