Notice of the Ministry of Agriculture, the Ministry of Public Security, the Ministry of Communications, the State Administration for Industry and Commerce and the General Administration of Customs on Cleaning up and Banning "Three No Ships"
In recent years, in some coastal areas, criminals have engaged in illegal and criminal activities such as smuggling by using "three noes" ships without ship name, ship certificate and port of registry, which has seriously endangered maritime safety and hindered normal production and transportation. In order to crack down on illegal and criminal activities, maintain normal order at sea and protect the safety of people's lives and property, we must resolutely clean up and ban the "three noes" ships. The special notice is as follows:
1. Illegal construction or modification of ships that have not gone through the examination and approval procedures shall be confiscated by public security, fishery supervision and administration departments, port supervision departments and other port and shipping law enforcement departments; For shipyards that fail to perform the examination and approval procedures to build or modify ships, the administrative department for industry and commerce shall impose a fine of less than 2 times the ship price, and if the circumstances are serious, the business license may be revoked according to law; Factories and places that illegally build or modify ships without approval and registration shall be banned by the administrative department for industry and commerce according to law, and the sales proceeds and illegally built or modified ships shall be confiscated.
Two, the port supervision and fishery supervision departments should further strengthen the visa management of ships entering and leaving the port within the scope of their respective duties. All the "three noes" ships docked in the port are prohibited from leaving the port and confiscated, and the owner may be fined less than 2 times the ship price.
Third, fishery administration, fishery supervision and port supervision departments should strengthen the management of maritime production, navigation and public security order, and customs and public security frontier defense departments should ban the "three noes" ships in combination with maritime anti-smuggling work. Once the "three noes" ships sailing and berthing at sea are detained, they will all be confiscated, and the owner may be fined less than 2 times the ship price.
Four, refuse or obstruct law enforcement officers to perform official duties according to law, shall be punished by the public security organs in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility according to law.
Five, the public security frontier defense, customs, port supervision and fishery supervision departments confiscated the "three noes" ship, can be dismantled on the spot, dismantling costs paid from the ship's scrap price, the balance according to the fine; After approval and necessary formalities, it can also be used as a law enforcement ship, but it shall not be used for other purposes.
All units and individuals who own the "three noes" ships must register with the local port supervision and fishery administration department before June 30, 1994 165438, waiting for processing. If it fails to register within the time limit, it will be dealt with severely after seizure.
Anyone who uses the "three noes" ship to carry out illegal activities must take the initiative to surrender to the public security organ before June 30, 1994 165438, otherwise, once it is seized, it will be severely punished according to law.
Six, this notice from the date of promulgation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Notice on the implementation of the Notice on Clearing and Banning Three Non-owned Ships.
Fishery departments (bureaus) of coastal provinces, autonomous regions, municipalities directly under the central government and cities under separate state planning, and fishery bureaus of various sea areas:
According to the spirit of the reply of the Notice on Cleaning up and Banning the Ship the State Council 1994+0 1, fishery administrative departments at all levels should, under the unified leadership of the local people's government and in combination with the actual situation of the industry, clean up and ban the ship without name, ship number, ship certificate [valid fishing vessel inspection certificate, ship registration certificate and fishing license (hereinafter referred to as "three certificates") and. The relevant matters are hereby notified as follows:
I. Organization and leadership
The fishery administrative departments at all levels shall, under the leadership of the local people's government, set up a leading group to clean up and ban the "three noes" fishing boats, with the director in charge as the leader and the leaders of fishery administration, fishery supervision and ship inspection agencies as members, deploy and organize the work of cleaning up and banning the "three noes" fishing boats within their respective administrative areas, strive for the support of the public security, customs, transportation and industrial and commercial administrative departments, and closely cooperate with the cleaning up and banning of the "three noes".
The fishery bureau of the sea area should organize forces to participate in the work of the leading groups of the provinces (autonomous regions and municipalities) within its jurisdiction, and be mainly responsible for the convergence and coordination between the fishery bureau of the Ministry of Agriculture and the fishery administrative departments of the provinces (autonomous regions and municipalities) and the inter-provincial clean-up and ban of the "three noes" fishing boats. The leading groups of all provinces (autonomous regions and municipalities) shall report the work progress to the Maritime Fishery Bureau in a timely and regular manner, and the Maritime Fishery Bureau shall summarize and report to the Fishery Bureau of the Ministry of Agriculture.
Second, publicity and education.
Cleaning up and banning the "three noes" fishing boats is a heavy workload, strong policy, tight time and heavy task. All localities should use radio, television, newspapers, slogans and other propaganda tools to carry out publicity and education activities in a big way, and the publicity and education work to clean up and ban the "three noes" fishing boats should go deep into fishing ports, docks, fishing villages and fishing boats to make them a household name. Improve the awareness of the cadres and the masses in fishing areas on the necessity and urgency of cleaning up and banning the "three noes" fishing boats, urge them to check and correct themselves in self-education, and make the units and individuals who own the "three noes" fishing boats consciously register with the relevant departments and accept the treatment within the specified time.
Third, clean up and register.
Clean up the registration object for fishing boats without ship name and number, port of registry and ship certificate (or incomplete "three certificates").
The contents of registration shall be registered in accordance with the content and format specified in the schedule of this notice.
For the convenience of fishermen, fishery administration, fishery supervision and ship inspection agencies at all levels should cooperate closely, set up registration points at fishing vessel concentration points, and make joint efforts to uniformly accept the registration of fishing vessels.
In the process of registration, the fishery administrative departments at all levels shall investigate and master the following situations within their respective jurisdictions:
1. Smuggling and robbing ships moored in fishing ports; Ships that smuggle or rob with false names and quantities of fishing boats; Fishing boats engaged in smuggling and robbery.
2 fishing boats with incomplete ship inspection certificate, ship registration certificate and fishing license; Fishing boats of non-fishing units and individuals; Electric, fried and poisoned fish boats; Buy scrapped and over-aged old fishing boats and other ships engaged in fishing production.
3. All shipyards and points have built fishing boats without the approval of the competent authorities.
Fourth, joint inspection.
Fishery, fishery supervision and ship inspection should, under the leadership of governments at all levels and fishery administrative departments, strengthen communication and cooperation with public security frontier defense, customs, industry and commerce, transportation and other departments, adopt the method of "maritime inspection and port sealing", take a multi-pronged approach, comprehensively manage, carry out joint actions, concentrate on cracking down and increase law enforcement.
V. Principles of treatment
(a) for 1994, 1 1.30, the following principles shall be followed:
If illegal and criminal acts such as smuggling and robbery are found, they shall be handed over to the customs and public security frontier departments for handling;
Ships engaged in illegal fishing operations such as electric, fried and poisonous fish should be severely punished according to law until they are confiscated;
A vessel that uses the name of a fishing vessel fraudulently shall be fined between 10% and 2 times, until it is confiscated;
The purchase of a ship that should be scrapped according to regulations shall be dismantled;
The vessels of non-fishing units and individuals such as organs, troops, factories, mines, enterprises and institutions that go fishing without approval shall be ordered to be replaced within a time limit after being punished according to the law, and those that fail to be replaced within the time limit shall be confiscated;
Fishing boats with incomplete "three certificates" or documents that fail to carry out annual inspection and annual inspection on schedule shall be reissued by fishery administration, fishery supervision and ship inspection departments within a certain period of time according to relevant regulations, and various fees shall be charged;
If a ship without "three certificates" passes the inspection, it shall meet the seaworthiness conditions, pay various fees, and impose a fine of more than 5% and less than 2 times of the ship price, and reissue the certificate within a certain period of time according to relevant regulations; Those who fail to meet the requirements of airworthiness after inspection shall be detained and confiscated;
If the relevant documents are not handled in time after registration, a registration certificate shall be issued, and the registration certificate shall be valid for 2 months from the date of registration.
(2) Registration after 1994 1 1.30 shall be handled according to the following principles:
If illegal acts such as smuggling and robbery are found, they shall be transferred to the customs and public security frontier departments for punishment;
Anyone who fails to perform the examination and approval procedures to illegally build or modify a fishing boat shall be confiscated by the fishery administration and fishery supervision institution;
Fishery superintendency agencies shall strengthen the visa management of ships entering and leaving fishing ports. The "three noes" ships docked at the fishing port are prohibited from leaving the port and confiscated, and the owner may be fined less than 2 times the ship price;
Fishery agencies should strengthen the management of sea use, and once the "three noes" fishing boats produced by sea navigation are seized, they will all be confiscated, and the owner may be fined less than 2 times the ship price.
Fishery and fishery superintendency agencies shall, in accordance with the relevant provisions, punish fishing boats with incomplete ship certificates or unclear ship names, ship numbers and port of registry, and force them to apply for certificates or clear their names and ports of registry in accordance with the relevant provisions.
Refuse or obstruct law enforcement officers from performing official duties according to law, and hand them over to public security organs for handling according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
The "three noes" ships confiscated by fishery administration and fishery superintendency agencies may be dismantled on the spot, and the dismantling fee shall be paid from the price of the ship's residual materials, and the balance shall be treated as a fine; After approval and necessary formalities, it can also be used as a law enforcement ship, but it shall not be used for other purposes; Ships without dismantling value should be handed over to fishery administration departments for artificial reefs.
Fishery, fishery supervision and ship inspection agencies should do a good job in the management and acceptance of fishing vessel files in combination with the work of cleaning up and banning unlicensed fishing vessels.
Acceptance of intransitive verbs
In the work of cleaning up and banning the "three noes" fishing boats, fishery administrative departments at all levels should unify the pace of government decrees, strictly grasp the policy boundaries, strengthen the supervision of superiors to subordinates, and correctly handle the relationship between regions and departments. All provinces (autonomous regions and municipalities) are required to complete the handling of "three noes" ships and fishing boats before the end of June, and make a summary. The Fisheries Bureau of the Ministry of Agriculture plans to organize a working group in conjunction with relevant departments to start in February 1995, and accept the work of cleaning up and banning "three noes" fishing boats according to the following standards:
1 Inform everyone whether the publicity and education work is thorough and meticulous.
2 whether there are "three noes" ships docked in the fishing port.
3 whether to basically find out the unlicensed ships and fishing boats without "three certificates" in this area.
4 fishing boats with incomplete or no "three certificates" are basically included in the management.
5. Whether the personnel of fishery administration, fishery administration supervision and ship inspection agencies have exceeded their authority or abused their powers in law enforcement, whether the "three noes" fishing boats are strictly implemented in this circular and related laws and regulations, and whether the procedures are complete.
Whether the order of fishing grounds and fishing ports has improved.