What are the penalties for poaching by fishing boats during the 2016 fishing ban season?

A case will be filed, a fine will be imposed, fishing tools will be confiscated, and illegal income will be confiscated. The handling methods will be different according to the severity of the case according to the law.

28 Commonly Used Legal Basis

1. Fishing in prohibited fishing areas and prohibited fishing seasons is strictly prohibited, and fishing auxiliary vessels must suspend fishing simultaneously with fishing vessels operating in different operations.

Main legal basis:

(1) Article 30 and Article 38 of the "Fisheries Law of the People's Republic of China";

(2) Articles 48 and 59 of the "Zhejiang Province Fisheries Management Regulations";

(3) Articles 340 and 346 of the "Criminal Law of the People's Republic of China" (crime of illegal fishing of aquatic products).

2. It is strictly prohibited to illegally catch aquatic animal seeds and broodstock with important economic value, or catch aquatic products in aquatic germplasm resource reserves.

Main legal basis:

(1) Articles 29, 31, 41, 42, and 45 of the "Fisheries Law of the People's Republic of China" Article;

(2) Articles 340 and 346 of the Criminal Law of the People’s Republic of China.

3. It is strictly prohibited to use electricity, poison, explosion and other methods that damage fishery resources for fishing.

Main legal basis:

(1) Article 30 and Article 38 of the "Fisheries Law of the People's Republic of China";

(2) Articles 340 and 346 of the Criminal Law of the People's Republic of China.

4. It is strictly prohibited to use prohibited fishing gear such as electric pulse, ground cage net, multi-layer bag net trawl net for fishing.

Main legal basis:

(1) Article 30 and Article 38 of the "Fisheries Law of the People's Republic of China";

(2) Article 42 of the "Zhejiang Province Fisheries Management Regulations";

(3) Articles 340 and 346 of the "Criminal Law of the People's Republic of China".

5. It is strictly prohibited to kill, harm, or illegally trade aquatic wild animals under national key protection.

Main legal basis:

(1) Article 37 of the "Fisheries Law of the People's Republic of China";

(2) "The Fisheries Law of the People's Republic of China"; **Articles 16, 22, 31, and 35 of the Wildlife Protection Law of the People's Republic of China;

(3) "Regulations on the Implementation of Aquatic Wildlife Protection of the People's Republic of China" Articles 12, 18, 26, and 28;

(4) Articles 340 and 346 of the Criminal Law of the People’s Republic of China.

6. It is strictly prohibited to forge, alter, buy, sell, lease or use various fishing-related certificates (including fishing licenses, fishing vessel registration (nationality) certificates, fishing vessel inspection certificates, job crew certificates, ordinary crew certificate, etc.).

Main legal basis:

(1) Articles 23 and 43 of the "Fisheries Law of the People's Republic of China";

(2) Article 37 of the "Regulations on the Inspection of Fishery Vessels of the People's Republic of China";

(3) Article 44 of the "Regulations on the Management of Fishing Vessels in Zhejiang Province Fishing Ports";

(4) Articles 16, 18, and 25 of the "Provisions on Administrative Penalties for Fisheries, Ports and Shipping Supervision of the People's Republic of China";

(5) Article 280 of the "Criminal Law of the People's Republic of China" Article (Crime of Forging State Agency Documents).

7. It is strictly prohibited to engage in illegal activities in the fishing port waters (including open fire operations, setting off fireworks and firecrackers, loading and unloading flammable, explosive, toxic and other dangerous goods, discarding or dumping silt, garbage, waste and emissions) Oil, oil-containing mixtures and other toxic and harmful substances, engaging in fishing and breeding that hinders maritime traffic safety, illegal or illegal construction operations above and below the water, encroaching on, damaging navigation aids, navigation signs and other fishing port facilities).

Main legal basis:

(1) Articles 8, 9, 10, and 21 of the "Regulations on Traffic Safety Management in Fishing Port Waters of the People's Republic of China" Article;

(2) Articles 14, 15, 16, and 41 of the "Regulations on the Management of Fishing Ports and Fishing Vessels of Zhejiang Province";

(3) "The People's Republic of China" Articles 10, 11, 13, 14, and 30 of the "Regulations on Administrative Punishments for Fisheries, Ports and Shipping Supervision of the People's Republic of China";

(4) "The People's Republic of China and the Articles 114 and 115 of the National Criminal Law (the crime of releasing dangerous substances and the crime of endangering public safety by dangerous methods), Article 134 (the crime of major accidents), Article 136 (the crime of causing accidents with dangerous substances), and Article 275 Article 338 (Crime of intentional destruction of property) and Article 338 (Crime of environmental pollution).

8. It is strictly prohibited to illegally manufacture or update fishing vessels (including building without approval, installing or changing fishing facilities without authorization, changing the load line, main engine power, tonnage, and main dimensions of fishing vessels without authorization).

Main legal basis:

(1) Article 34 of the "Regulations of the People's Republic of China on Fishery Vessel Inspection";

(2) "Zhejiang Article 22, Article 23, Article 24, Article 42 of the Provincial Fishing Port and Fishery Vessel Management Regulations;

(3) Article 134 of the "Criminal Law of the People's Republic of China" (Major Liability Accidents) Crimes), Articles 140, 146, 149, and 150 (crimes of producing and selling counterfeit and inferior products, crimes of producing and selling products that do not meet safety standards).

9. It is strictly prohibited to manufacture, update or renovate fishing boats at shipyards (sites) that have not been approved and registered.

Main legal basis:

(1) Article 14 of the "Measures of the State Council for Investigating, Punishing and Banning Unlicensed Business Operations";

(2) "The State Council's Measures for Cleaning Up and Banning Unlicensed Business Operations" "Approval of the "Three Nos" Ship Notice";

(3) Article 225 (Crime of Illegal Business Operations), Article 134 (Crime of Major Liability Accidents), Article 134 (Crime of Major Liability Accidents) of the Criminal Law of the People's Republic of China Article 135 (Crime of Major Labor Safety Accidents), Article 136 (Crime of Dangerous Goods Causing Accidents).

10. Obstruction of official duties and resistance to law enforcement are strictly prohibited.

Main legal basis:

(1) Article 39 of the "Implementing Rules of the Fisheries Law of the People's Republic of China";

(2) "The State Council Reply to the Notice on Cleaning up and Banning "Three Nos" Ships";

(3) Article 277 of the Criminal Law of the People's Republic of China (Crime of Obstructing Official Affairs).

11. Fishing without a fishing license is strictly prohibited.

Main legal basis:

(1) Article 23 and 41 of the "Fisheries Law of the People's Republic of China".

12. It is not allowed to use nets smaller than the minimum mesh size for fishing (trawl nets shall not be smaller than 54 mm, of which shrimp towing shall not be smaller than 25 mm; seine nets shall not be smaller than 35 mm; gill net types shall be respectively shall not be less than 110, 90, and 50 mm; nets shall not be less than 55, 50, and 35 mm respectively; miscellaneous fishing gear shall not be less than 35 mm; traps shall not be less than 35 mm, and cage pots shall not be less than 25 mm).

Main legal basis:

(1) Article 30 and Article 38 of the "Fisheries Law of the People's Republic of China";

(2) Ministry of Agriculture Notice [2013] No. 1.

13. Fishing boats are not allowed to carry prohibited net gear during the fishing ban period.

Main legal basis:

(1) Articles 48 and 59 of the "Zhejiang Province Fisheries Management Regulations".

14. Fishing is not allowed in violation of the provisions of the fishing license on the type of operation, location, time limit and quantity of fishing gear.

Main legal basis:

(1) Articles 25 and 42 of the "Fisheries Law of the People's Republic of China".

15. Fishing vessels are not allowed to fish across provinces and sea areas without approval.

Main legal basis:

(1) Article 25 and Article 42 of the "Fisheries Law of the People's Republic of China";

(2) Articles 20 and 24 of the "Fishery Catching License Management Regulations" of the Ministry of Agriculture.

16. Fishing vessels without valid fishing licenses, registration (nationality) certificates, and inspection certificates are not allowed to go to sea for production.

Main legal basis:

(1) Article 41 of the "Fisheries Law of the People's Republic of China";

(2) "The Fisheries Law of the People's Republic of China"; **Articles 12 and 13 of the Regulations on Traffic Safety Management in Fishery Port Waters of the People's Republic of China;

(3) Article 16 of the "Regulations on Administrative Penalties for the Supervision of Fisheries and Ports and Navigations of the People's Republic of China";< /p>

(4) Articles 34 and 44 of the "Zhejiang Province Fishing Ports and Fishery Vessel Management Regulations".

17. Fishing vessels are not allowed to carry passengers illegally, load or pile excessive catches on the deck.

Main legal basis:

(1) Articles 36 and 48 of the "Zhejiang Province Fishing Ports and Fishery Vessel Management Regulations";

(2) "China Article 23 of the People’s Republic of China’s Regulations on Administrative Penalties for Fisheries, Ports and Shipping Supervision.

18. Recreational fishing boats that have not been inspected and registered are not allowed to engage in leisure business activities.

Main legal basis:

(1) Articles 27 and 45 of the "Zhejiang Province Fishing Ports and Fishery Vessel Management Regulations".

19. Fishing boats are not allowed to sail beyond the approved navigation area, wind resistance level, and cargo capacity.

Main legal basis:

(1) Articles 36 and 48 of the "Zhejiang Province Fishing Ports and Fishery Vessel Management Regulations";

(2) "China Article 23 of the People’s Republic of China’s Regulations on Administrative Penalties for Fisheries, Ports and Shipping Supervision.

20. Fishing vessels that are not effectively staffed with crew members are not allowed to go out to sea for production (including insufficient crew members, hiring unlicensed crew members to work on board, and inconsistent identity certificates, etc.).

Main legal basis:

(1) Article 22 of the "Regulations on Traffic Safety Management of Fishing Port Waters of the People's Republic of China";

(2) Article 47 of the "Zhejiang Province Fishing Ports and Fishery Vessel Management Regulations";

(3) Articles 22 and 28 of the "Administrative Punishment Regulations for Fisheries, Ports and Shipping Supervision of the People's Republic of China".

21. Fishing boats that fail to complete the visa procedures for entry and exit of fishing ports as required are not allowed to go to sea for production.

Main legal basis:

(1) Article 13 of the "Visa Measures for Ships Entering and Entering Fishing Ports of the People's Republic of China";

(2) " Article 9 of the Provisions on Administrative Penalties for Fisheries, Ports and Shipping Supervision of the People's Republic of China.

22. Fishing boats that are not equipped with life-saving and fire-fighting equipment as required are not allowed to go to sea for production.

Main legal basis:

(1) Article 21 of the "Regulations on Administrative Penalties for Fisheries, Ports and Shipping Supervision of the People's Republic of China".

23. Fishing boats that do not have the ship name, ship number, and port of registry written in accordance with regulations are not allowed to go to sea for production.

Main legal basis:

(1) Article 20 of the "Regulations on Administrative Penalties for Fisheries, Ports and Shipping Supervision of the People's Republic of China".

24. Fishing boats that have not implemented the safety production responsibility system are not allowed to go to sea for production (including those that fail to conduct regular emergency drills, fail to sign a "Safety Responsibility Letter", fail to formulate safety production operating procedures, and fail to rectify safety hazards in place) fishing boats).

Main legal basis:

(1) Article 17 and Article 81 of the "Work Safety Law of the People's Republic of China";

(2 ) "Zhejiang Province Fisheries Management Regulations" Article 22, Article 23, Article 53.

25. It is not allowed to buy or sell fishing boats in violation of regulations, and the fishing boats, nets, tools, and indicators must be transferred with the boats (including the prohibition of buying and selling "three no ships", "ship certificates do not match" fishing boats, fishing licenses, registration (nationality) Fishing boats with incomplete or invalid certificates and inspection certificates, fishing boats with disputed ownership and use rights, and fishing boats with unsolved illegal activities).

Main legal basis:

(1) Article 28 of the "Regulations on the Management of Fishing Vessels in Fishing Ports of Zhejiang Province";

(2) "Fishery Fishing License" of the Ministry of Agriculture Article 13 of the Management Regulations.

26. It is not allowed to manufacture or sell prohibited fishing gear such as electric pulse, ground cage net, multi-layer bag net trawl and other fishing gear that does not meet the standards.

Main legal basis:

(1) Articles 42 and 59 of the "Zhejiang Province Fisheries Management Regulations";

(2) Notice of the Ministry of Agriculture [2013 〕No. 2.

27. It is not allowed to supply oil, ice, freeze, or purchase catches to prohibited fishing vessels during the fishing ban period.

Main legal basis:

(1) Article 59 of the "Zhejiang Province Fisheries Management Regulations".

28. It is not allowed to sell catches caught illegally in closed fishing areas or closed fishing seasons.

Main legal basis:

(1) Article 38 of the "Fisheries Law of the People's Republic of China";

(2) "Zhejiang Province Fisheries Law" Article 59 of the Management Regulations

Notice of the Zhejiang Provincial Ocean and Fisheries Bureau on the ban on marine fishing in Zhejiang Province in 2016

Zhehai Fishery Policy [2016] No. 7

< p>According to the "Fisheries Law of the People's Republic of China", "Zhejiang Province Fisheries Management Regulations" and the General Office of the Ministry of Agriculture's "Notice on Doing a Good Job in the Marine Summer Season Fishing Moratorium in 2016" (Nongbanyu [2016] No. 15 ) Relevant regulations and requirements, combined with the actual conditions of our province, are now announcing the marine fishing ban regulations of our province in 2016 as follows:

1. Types of closed fishing operations

All operations except fishing gear type.

2. Fishing closure time

(1) Swimming crab fishing closure period: along the coast and offshore waters from 27 degrees to 31 degrees north latitude, from 12:00 on April 1 to 12:00 on September 16 Fishing vessels that mainly target swimming crabs with eggs or young swimming crabs are prohibited from operating at this time.

(2) Fishing closure time for seine nets and boat-shaped netting (netting) operations: from 12:00 on May 1 to 12:00 on July 1.

(3) Fishing moratorium for single-anchor net-raising (sail-type net) operations: from 12:00 on May 1 to 12:00 on September 16; fishing moratorium for other net-raising operations: June 1 From 12:00 on Sunday to 12:00 on September 1.

(4) Fishing moratorium for single-vessel pole trawling (truss shrimp towing), cage pots and gillnet operations: from 12:00 on June 1 to 12:00 on August 1.

(5) The fishing moratorium for trawling and other unlisted marine fishing operations is from 12:00 on June 1 to 12:00 on September 16.

(6) Protection regulations for spawning hairtail fish protection areas: the sea area from 28°30' to 30°30' north latitude, west of 125° east longitude to the east of the motorized fishing boat bottom trawl prohibited fishing area line, May 1 From 12:00 to 12:00 on June 30, trawlers and other fishing vessels mainly engaged in catching spawning hairtail fish are prohibited from entering the protected area for production.

(7) Protection regulations of the East China Sea Hairtail National Aquatic Germplasm Resource Reserve: From 12:00 on April 16 to 12:00 on July 1, all fishing operations are prohibited in the core area (Note: The core area is composed of The following 6 points are connected: point A: 30 degrees 30 minutes north latitude, 123 degrees 10 minutes east longitude; point D: 29 degrees 0 minutes, 122 degrees 35 minutes; point H: 28 degrees 30 minutes, 122 degrees 10 minutes; point I : 28 degrees 30 minutes, 122 degrees 30 minutes; point E: 29 degrees 0 minutes, 122 degrees 55 minutes; point B: 30 degrees 30 minutes, 123 degrees 30 minutes).

(8) If the fishing license is approved for two types of operations or one type of operation and two methods of operation, as long as one of the operations is still within the fishing moratorium period, the fishing vessel must still carry out the moratorium, and Operation changes are not allowed during the fishing moratorium period (except for changes to operations with the same or longer fishing moratorium period).

(9) Fishery fishing auxiliary vessels implement synchronized fishing moratoriums with the above-mentioned different operations.

Notice hereby.

Zhejiang Provincial Ocean and Fishery Bureau

March 21, 2016

Implementation Measures for Marine Administrative Penalties

Chapter 1 General Provisions< /p>

Article 1: In order to regulate marine administrative penalties and protect the legitimate rights and interests of entities and individuals, these Measures are formulated in accordance with the "Administrative Punishment Law of the People's Republic of China" and relevant laws and regulations.

Article 2: If units and individuals violate marine laws, regulations or rules such as the use of sea areas, marine environmental protection, laying of submarine cables and pipelines, foreign-related marine scientific research management, etc., the marine administrative penalty enforcement agency shall impose marine administrative penalties in accordance with the law. , this method applies.

Article 3: The marine administrative departments of the people's governments at or above the county level are the implementing agencies for marine administrative penalties (hereinafter referred to as the implementing agencies).

If the implementing agency has a China Maritime Surveillance Agency, the marine administrative penalty work shall be specifically undertaken by the affiliated China Maritime Surveillance Agency; if there is no China Marine Surveillance Agency, it shall be implemented by the marine administrative department at the same level.

China’s maritime surveillance agency implements marine administrative penalties in the name of the marine administrative department at the same level.

Article 4: Higher-level enforcement agencies have the right to supervise and correct marine administrative penalties imposed by lower-level enforcement agencies.

With the consent of the implementing agency at the same level, the higher-level Chinese maritime surveillance agency may supervise the marine administrative penalties imposed by the lower-level implementing agency in the name of the implementing agency at the same level, and assist the administrative supervision department in pursuing administrative responsibilities according to law.

Chapter 2 Jurisdiction

Article 5 Unless otherwise provided by laws and regulations, marine administrative penalties shall be under the jurisdiction of the enforcement agency where the illegal act occurs.

Article 6: If the place where an illegal act occurs is unclear or cannot be ascertained, if the laws and regulations have clear provisions, the jurisdiction shall be determined in accordance with the provisions; if the laws and regulations do not clearly provide, the jurisdiction shall be determined in accordance with the rules and responsibilities and authority jurisdiction.

Article 7: If a dispute arises over jurisdiction, it shall be reported to the superior implementing agency of the contract to designate jurisdiction.

Article 8 If the lower-level enforcement agency believes that the marine administrative penalties imposed by it need to be under the jurisdiction of the upper-level enforcement agency, it may submit the matter to the upper-level enforcement agency for decision.

Article 9 For marine administrative penalties that are not within the scope of its jurisdiction, a transfer case notice (letter) shall be prepared and transferred to the implementing agency or other administrative agency with jurisdiction.

Article 10: If an illegal act constitutes a crime, the case shall be transferred to the judicial authority in accordance with the law.

Chapter 3 Summary Procedure

Article 11 If an illegal act meets the following circumstances, a summary procedure may be applied to make a marine administrative penalty decision on the spot:

( 1) The illegal facts are clear, the evidence is conclusive, and the circumstances are minor;

(2) In accordance with maritime laws, regulations or rules, an individual is fined not more than 50 yuan, and an unit is fined not more than 1,000 yuan or given a warning.

Article 12 When applying summary procedures to impose marine administrative penalties on the spot, marine supervisors shall comply with the following procedures:

(1) Present law enforcement certificates to the parties;

< p>(2) Ascertain the illegal facts on the spot, collect and preserve necessary evidence, make a record and submit it to the parties for verification before signing or sealing;

(3) Inform the parties of the illegal facts, reasons and basis for punishment , have the right to make statements and defenses;

(4) Hear the statements and defenses of the parties, and review the facts, reasons and evidence submitted by the parties, unless the parties waive the right to make statements or defenses;

(5) Fill in the on-site marine administrative penalty decision in a predetermined format and with a unified number, which shall be signed or stamped by the marine inspector and delivered to the party concerned for signature on the spot.

Chapter 4 General Procedures

Article 13: In addition to the marine administrative penalties that can be imposed on the spot in accordance with Article 11 of these Measures, marine administrative penalties are imposed for other marine violations. , a case should be filed for investigation and punishment.

Marine supervisors should fill in the approval form for filing marine illegal cases and file the case after approval.

Article 14: Marine supervisory personnel who have a direct interest in the case shall recuse themselves.

Article 15: When investigating a case or conducting an inspection, there shall be no less than two persons, and they shall present their law enforcement certificates to the parties concerned. The following methods may be used:

(1) Enter the site to conduct inspections and inspections, review or copy relevant materials, and videotape and photograph the site. Records of relevant inspections and inspections shall be made and signed or sealed by the person being inspected or the witness.

(2) Question parties, witnesses or other relevant personnel and prepare investigation and inquiry records. The investigation and inquiry transcripts shall be reviewed and signed or sealed by the person under investigation; if the person under investigation refuses to sign or seal, more than two marine supervisory personnel shall indicate the situation and sign or seal the investigation transcripts.

(3) For professional and technical matters such as measurement, monitoring, inspection or appraisal, a qualified institution can be entrusted to issue a report, and the report issued can be used as evidence.

Article 16: When collecting evidence, marine inspectors may adopt sampling methods.

Article 17: When collecting evidence, marine inspectors may register and preserve it with approval if the evidence may be lost or difficult to obtain in the future. If evidence is registered and preserved in advance, a notice of evidence registration and preservation in advance shall be made and served to the parties concerned.

Evidence registered and preserved in advance shall be processed within seven days from the date of registration and preservation.

During the registration and preservation period, the parties or relevant persons shall not destroy or transfer evidence.

Article 18 When sampling evidence or registering and preserving evidence, the parties concerned must be present. If the party concerned is not present or refuses to be present, marine supervisory personnel may invite relevant personnel to come to the scene to testify.

Article 19: Marine inspectors shall submit an investigation report on marine illegal cases within five days after the conclusion of the investigation, and propose punishment recommendations based on the investigation results.

Article 20 The person in charge of the implementing agency shall review the investigation results and punishment recommendations, and make the following decisions respectively according to different circumstances:

(1) If the illegal facts are established, according to Depending on the seriousness of the case and the specific circumstances, a marine administrative penalty shall be imposed;

(2) If the illegal act is minor and the marine administrative penalty may not be imposed according to law, the marine administrative penalty shall not be imposed;

(3) If the illegal facts cannot be established, no marine administrative penalty shall be imposed;

(4) If the illegal act constitutes a crime, it shall be transferred to the judicial authority.

Article 21: If the case in which it is decided to impose a marine administrative penalty is a case of complex circumstances or a major marine violation case as stipulated in Article 41 of these Measures, the implementing agency shall conduct a joint review.

Article 22: Before making a decision on a marine administrative penalty, the parties shall be informed of the facts, reasons, and basis for imposing the penalty and the proposed decision on a marine administrative penalty, and the parties shall be informed of their right to make statements and defences.

Article 23: To implement marine administrative penalties, a marine administrative penalty decision shall be prepared in accordance with the provisions of Article 39 of the "Administrative Punishment Law of the People's Republic of China".

Article 24: When applying general procedures to investigate and handle marine illegal cases at sea, if it is difficult to execute the penalty without on-site punishment afterwards or if the party concerned requests it, marine supervisory personnel may make a decision on marine administrative punishment on-site and implement it. However, relevant written procedures must be completed within five days after arrival.

Before making a decision on marine administrative penalties, marine supervisory personnel should inform the parties on the spot of their right to statement and defense.

This article does not apply to the investigation and handling of major maritime violations.

Chapter 5 Hearing Procedures

Article 25 Before imposing marine administrative penalties on major marine violations cases stipulated in Article 41 of these Measures, the implementing agency shall inform the parties of the The right to request a hearing; if the parties request a hearing, a hearing shall be organized. The party concerned shall apply for a hearing within three days after being notified. If the party concerned fails to submit the request within the time limit, it shall be deemed to have been abandoned.

Article 26: The notice of hearing on marine administrative penalties shall be served to the parties seven days before the hearing.

Article 27: Hearings shall be presided over by personnel designated by the implementing agency.

Marine supervisory personnel handling the case (hereinafter referred to as case handling personnel) and persons with direct interests in the case shall not preside over the hearing.

Article 28: If the parties believe that the hearing host has a direct interest in the case, they have the right to apply for recusal. Whether or not to withdraw shall be decided by the person in charge of the implementing agency.

Article 29: The hearing shall be attended by the parties concerned, the personnel handling the case, and third parties who may have an interest in the outcome of the case.

The parties may entrust one or two agents to participate in the hearing. The entrusted agent shall submit a power of attorney before the hearing.

Article 30: Except when state secrets, commercial secrets or personal privacy are involved, hearings shall be held in public.

Article 31 The hearing shall be conducted in the following order:

(1) The host announces the cause of the hearing and the hearing discipline, checks the identity of the hearing participants, and informs the parties of their rights and obligations , announcing the start of the hearing;

(2) The person handling the case shall present the facts, evidence, basis for punishment and proposed punishment opinions of the party’s violation of law;

(3) The party or its authorized agent shall State and defend the facts of the case, present relevant evidence and cross-examine;

(4) The hearing host will ask the case handlers, parties and witnesses about the facts, evidence and legal basis of the case;

(5) The person handling the case, the parties or their authorized agents make a final statement;

(6) The hearing host announces the end of the hearing.

Article 32 Hearing transcripts shall be produced. The hearing transcript shall be signed or sealed by the person handling the case, the parties or their authorized agents for verification.

The witness testimony part of the hearing transcript shall be signed or sealed by the witness for verification.

The hearing transcript shall be reviewed by the hearing moderator and signed or sealed by the hearing moderator and the transcriber.

Article 33: After the hearing, the hearing host shall provide written opinions on the facts, evidence, punishment basis and punishment suggestions of the case based on the circumstances of the hearing.

Chapter 6 Service

Article 34 The marine administrative penalty decision shall be delivered to the parties within seven days after the decision is made.

Article 35: The decision on marine administrative penalties shall be sent directly to the parties concerned. If the party concerned is an individual, I will not send it to the adult family member who lives with him for signature; if the party has designated a collection agent, he will send it to the collection agent for signature. If the party concerned is an organization, it should be delivered to the legal representative or principal person in charge of the organization or the person in charge of receiving the package for signature.

The date on which the party, the party’s adult family members living together, the collector, the unit’s legal representative, the main person in charge, or the unit’s person responsible for receiving the goods signs for receipt on the delivery receipt shall be the date of delivery.

Article 36 If the party concerned refuses to receive the marine administrative penalty decision, the person delivering the document shall invite relevant personnel to the scene, explain the situation, and record the reason and date of refusal on the delivery receipt. The signature or seal of the expert and the witness, and leaving the marine administrative penalty decision at the residence of the person responsible for receiving it or the person being punished shall be deemed to have been served.

Article 37 If it is difficult to deliver the decision directly, the marine administrative penalty decision can be delivered by mail.

For mail service, the date of receipt stated on the delivery receipt shall be the date of delivery; the date stated on the delivery receipt shall be the same as the date of receipt stated on the registered mail receipt. If there is any inconsistency, or the delivery receipt is not returned, the receipt date on the registered mail receipt shall be the delivery date.

Article 38 If it still cannot be served according to the provisions of Articles 35, 36 and 37 of these Measures, it may be served by public announcement. It shall be deemed served after sixty days from the date of issuance of the announcement.

When the announcement is delivered, the reasons and process should be recorded.

Chapter 7 Supplementary Provisions

Article 39 If these Measures do not provide for The relevant provisions of the "Administrative Reconsideration Law of the People's Republic of China", the "Administrative Procedure Law of the People's Republic of China" and other laws shall be implemented.

Article 40 The basic document format for marine administrative penalties shall be formulated uniformly by the marine administrative department of the State Council.

Article 41 Major marine illegal cases refer to cases in which the following marine administrative penalties are proposed:

(1) Order to stop approved offshore operations of submarine cable pipelines, order Stop approved foreign-related marine scientific research activities, order to stop the construction or production or use of approved marine engineering construction projects, and order to stop other approved operating activities;

(2) Revoke the waste marine Dumping license;

(3) Cancel the sea area use right certificate and take back the sea area use right;

(4) Impose a fine of more than 5,000 yuan on individuals and more than 5,000 yuan on units. A fine of 50,000 yuan and other marine administrative penalties.

Article 42: These Measures shall come into effect on March 1, 2003.