Measures of Shenzhen Municipality on the Administration of Operational Safety of Maritime Leisure Ships

Chapter I General Provisions Article 1 In order to strengthen the management of the business activities of leisure ships at sea and ensure the personal and property safety of owners, operators and tourists of leisure ships, these Measures are formulated in accordance with the provisions of the Law of People's Republic of China (PRC) on Work Safety, the Regulations of Guangdong Province on the Administration of Fishing Ports and Fishing Vessels and the Regulations of Shenzhen Municipality on Maritime Traffic Safety, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to leisure activities such as passenger travel, sightseeing, entertainment, etc. at sea by using leisure vessels in Shenzhen waters.

The term "leisure vessels" as mentioned in these Measures refers to leisure tourist vessels and leisure fishing vessels that are approved to carry passengers 12 or less.

Leisure fishing boats refer to fishing boats engaged in fishing, fishing, sightseeing, gathering and experiencing fishery-related leisure activities for the purpose of leisure and entertainment.

Leisure tourist boats refer to ships engaged in leisure activities such as maritime tourism, sightseeing and entertainment, except recreational fishing boats. Article 3 The people's governments of all districts (including the new district management agencies, hereinafter referred to as the district governments) shall be responsible for organizing, coordinating and comprehensively managing the safe production of leisure vessels within their respective jurisdictions, and establishing and implementing the administrative responsibility system for safety management.

The municipal administrative department of transportation (hereinafter referred to as the administrative department of transportation) is responsible for the supervision and management of the safety production of the owners and operators of leisure tourist boats and the docks or floating facilities outside the fishing port waters.

Shenzhen maritime administrative agency (hereinafter referred to as the maritime administrative agency) is responsible for the supervision and management of leisure travel ships and crew.

The municipal and district fishery administrative departments (hereinafter referred to as the fishery administrative departments) shall be responsible for the supervision and administration of the safety production of the owners and operators of recreational fishing vessels.

The municipal and district fishery superintendency agencies (hereinafter referred to as fishery superintendency agencies) shall be responsible for the supervision and administration of recreational fishing vessels and their crew.

The administrative departments of city planning, land (ocean), market supervision, public security and frontier defense, and marine police are responsible for the management of leisure ships according to their respective responsibilities. Chapter II Operation and Management Article 4 Anyone who engages in operational leisure activities at sea by using leisure vessels shall conduct commercial registration according to law, obtain a business license, and file for the record in accordance with the provisions of Article 5 of these Measures. Article 5 Operators of leisure tourism vessels shall file with the traffic administrative department, and operators of leisure fishing vessels shall file with the fishery administrative department under their jurisdiction. Leisure ship operators shall submit the following materials when filing:

(1) Business registration information of the business operator;

(2) Information on leisure ships engaged in business;

(3) Information of crew members and other management personnel;

(four) the safety production responsibility system, safety and pollution prevention management system and emergency plan and other safety production management systems.

Leisure ship operators in accordance with the provisions of the submitted materials are complete, the traffic management department and the fishery administration department shall issue a written record receipt on the spot. The specific filing provisions shall be formulated separately by the traffic management department and the fishery management department. Article 6 Where the owner of a leisure ship entrusts other units or individuals to operate a leisure ship, the owner and operator of the leisure ship shall sign a written contract on the basis of equality and voluntariness, specifying the risk-taking and the rights, obligations and responsibilities of both parties. Article 7 A leisure tourist ship shall obtain the inspection certificate issued by the ship inspection agency, and apply to the maritime administrative agency for ship registration and obtain the ship nationality certificate.

Leisure fishing vessels shall obtain the inspection certificate issued by the fishing vessel inspection agency, and apply to the fishery administration agency for ship registration, and obtain the nationality certificate and fishing license of fishing vessels. Article 8 Crew members working on leisure tourist boats and leisure fishing boats shall undergo corresponding professional and technical training, examination and assessment respectively, and obtain certificates of competency for crew members issued by maritime administrative agencies or fishery administrative agencies. Article 9 The owner or operator of a leisure ship is the main body responsible for the safe production of leisure ships and is responsible for the safe production of leisure ships.

The owner or operator of leisure ships shall establish and implement the responsibility system for safe production of leisure ships, the ledger system for safe production management, the investigation and management of hidden dangers of accidents and the prevention and control system, and cooperate with relevant administrative departments to carry out safety inspections. Article 10 The owner or operator of leisure ships shall strengthen risk management and purchase relevant liability insurance for ships and tourists. Eleventh city planning land (marine) management department shall, in conjunction with the traffic management department, according to the marine functional zoning and the actual situation, formulate the planning of docks and floating facilities for leisure ships to dock. Article 12 The docks or floating facilities where leisure ships dock, get on and off tourists shall meet the safety conditions and environmental protection requirements, be equipped with life-saving and fire-fighting equipment, and post safety precautions for tourists in a prominent position.

The docks or floating facilities where leisure ships dock, get on and off tourists outside the fishing port waters shall be accepted by the traffic management department before they can be used.

The traffic management department shall, according to the relevant provisions and the actual situation of this Municipality, formulate corresponding acceptance specifications. Chapter III Safety Management Article 13 The owner or operator of the wharf and floating facilities is the main body responsible for the safety production of the wharf and floating facilities, and is responsible for the safety production of the wharf and floating facilities.

Where the owner of the wharf or floating facility entrusts the operation, the owner and operator of the wharf or floating facility shall sign a written contract on the basis of equality and voluntariness, specifying the risk bearing and the rights, obligations and responsibilities of both parties.

Leisure ship operators shall issue passenger tickets to tourists and maintain the order of tourists getting on and off the ship.

Operators of leisure vessels using non-owned wharves or floating facilities shall sign safety production management agreements with the owners or operators of wharves or floating facilities to clarify their respective responsibilities for safety production management and safety measures to be taken.