Letter on the public solicitation of”Regulations on Unannounced Investigations and Unannounced Visits of Illegal Fishing and Other Fishing Activities (Draft for Solicitation of Comments)”
By: Date: 2021-02-24 Categories: authoritativerelease Tags: ,
   In order to strictly supervise the implementation of fishery laws and regulations and major policies and systems, to promote the implementation of major resource conservation management systems such as the Yangtze River’s “ten-year ban on fishing” and the ocean’s summer fishing closure, Implement the supervision responsibilities of local fisheries and fishery administration departments at all levels and the main responsibilities of enterprises, shipowners and captains, maintain normal fishery production order, and regulate illegal fishing and other unannounced investigations and unannounced visits. The Fisheries and Fisheries Administration of the Ministry of Agriculture and Rural Affairs studied and drafted the” Regulations on Unannounced Investigations and Unannounced Visits of Fishing-related Activities such as Illegal Fishing (Draft for Solicitation of Comments).

   is now publishing the”Regulations on Unannounced Investigations and Unannounced Visits of Illegal Fishing and Other Fishing Activities (Draft for Comment)”. The public can provide opinions and suggestions through the following channels and methods:

   1. Send comments and suggestions to [email protected]

   2. Mail your opinions and suggestions to:No. 11, Nongzhan South Lane, Chaoyang District, Beijing (Postal Code:100125), Fishery and Fishery Administration, Ministry of Agriculture and Rural Affairs, and put it in the envelope The words”Feedback on Regulations on Unannounced Investigations and Unannounced Visits of Illegal Fishing and Other Fishing-related Activities (Draft for Solicitation of Comments)” are indicated above.

  The deadline for feedback is March 21, 2021.

  Attachment:”Regulations on Unannounced Investigation and Unannounced Visits of Illegal Fishing and Other Fishing Activities (Draft for Comment)”

   Fisheries and Fisheries Administration, Ministry of Agriculture and Rural Affairs

   February 22, 2021

  Attachment

  Illegal fishing and other fishing activities secret investigation and unannounced visits regulations (draft for comments)

   Article 1 (main purpose) is to strictly supervise the implementation of fishery laws and regulations and major policies and systems, and promote the”10-year ban on fishing in the Yangtze River” and the closure of fishing in the ocean in summer, etc. The implementation of the major resource conservation management system, implements the supervision responsibilities of local fishery and fishery administration departments at all levels and the main responsibilities of enterprises, shipowners, and captains, maintains the normal fishery production order, and regulates illegal fishing and other unannounced fishing activities. These regulations are formulated.

   Article 2 (Scope of Application) Fishery and fishery administration departments at all levels and fishery administration law enforcement agencies (including independent fishery administration law enforcement agencies and undertaking fishery administrative law enforcement duties The comprehensive administrative law enforcement agency for agriculture, the same below), alone or in conjunction with relevant departments (hereinafter referred to as the”secret investigation and unannounced visit organization department”) to organize unannounced investigations and unannounced visits to illegal fishing and other fishing activities (hereinafter referred to as “secret investigations and unannounced visits”), shall Follow this regulation.

   The secret visits referred to in these regulations refer to the organization of secret visits to the fishery and fishery administration authorities or the fishery law enforcement agencies in the visited areas in implementing fishery management responsibilities , Establishing management systems, combating illegal fishing and other illegal activities related to fishing, and other aspects of work, as well as visits and investigations on the compliance of the production and operation of relevant fishing enterprises, organizations and individuals.

   The targets of unannounced investigations are the grass-roots fishery and fishery administration departments, fishery administration law enforcement agencies, and the interviewed areas engaged in or may engage in aquatic product fishing, transportation, catering, processing, and Enterprises, organizations and individuals engaged in shipbuilding (repairing) and net gear production.

   Article 3 (Jurisdiction) The Fisheries and Fisheries Administration Bureau of the Ministry of Agriculture and Rural Affairs is in charge of secret investigations and unannounced visits throughout the country. The Yangtze River Basin Fishery Administration Office of the Ministry of Agriculture and Rural Affairs is responsible for unannounced investigations and unannounced visits within its jurisdiction.

   The fishery and fishery administration departments and fishery administration law enforcement agencies of the local people’s governments at or above the county level shall be responsible for unannounced investigations and unannounced visits in their respective administrative areas according to their functions.

   Article 4 (The form of unannounced visits) Unannounced investigations and unannounced visits can be carried out in the following ways:

   (1) Self-organized and developed;

  (2) Organize and carry out in conjunction with public security, maritime police, market supervision and other relevant departments;

   (3) Assigned by the superior department, cross-check and visit between different areas;

   (4) Entrust third-party organizations and news media to assist in the development;

  (5) Other methods required by laws and regulations.

   Article 5 (Contents of Unannounced Visits) The contents of unannounced visits mainly include but not limited to the following aspects:

   (1) Implementation of fishery laws and regulations;

   (2) The Yangtze River’s ban on fishing and the ocean’s summer fishing moratorium and other resource conservation systems, foreign-related fishery management, protection and standardized utilization of aquatic wildlife, safe production and other major national fisheries Implementation of policies and systems;

   (3) Implementation of illegal fishing and other responsibilities, system establishment, investigation and handling of major cases;

   (4) Production and operation of fishery enterprises, organizations and individuals;

   (5) Media exposure and public reporting;

   (6) Handling of important matters assigned by superiors.

   Article 6 (Working plan for unannounced visits) Before unannounced investigations and unannounced visits are carried out, the organization of unannounced investigations and unannounced visits shall make decisions based on the actual conditions of the objects to be visited. The work plan determines the tasks, division of labor, routes, objects, methods and key links of unannounced investigations. After the work plan is approved by the head of the unannounced visit organization department, the participating units shall strictly implement the plan. If the work plan is temporarily adjusted, instant messaging may be used to report to the person in charge of the unannounced investigation organization department for approval.

Before    unannounced investigations and unannounced visits, the organization department of unannounced investigations and unannounced visits shall organize all the unannounced interviewers to conduct necessary training and master relevant policies, laws and regulations, and safety knowledge. Clarify work requirements, task division and precautions.

   Article 7 (Requirements for unannounced visits) During unannounced investigations, unannounced interviewers should go deep into fishing villages, fishing ports, docks, and wholesale according to the requirements of the work plan. Unannounced investigations and unannounced visits are carried out in front-line places such as markets and other trading venues and catering units.

   Except for work with special needs and approved by the person in charge of the unannounced visit organization department, the temporary increase of local management or law enforcement personnel shall not be allowed to participate in the unannounced visit.

   Article 8 (Secret Investigation and Unannounced Visiting Work Log) During the secret investigation and unannounced visit work, a log shall be established to truthfully record the investigation situation and keep it properly. After the unannounced investigation and unannounced visit work is completed, the person in charge of the unannounced investigation and unannounced visit shall form an investigation report and report to the unannounced visit organization department within 10 working days.

   Article 9 (Requirements for Disposal of the Interviewed Area) During the unannounced investigation, it was discovered that the fishery and fishery administration authority or the fishery administration law enforcement agency of the interviewed area was organizing Article 5 If there are obvious deficiencies, shortcomings, or faults in the relevant work of (1) (2) (3) (5) (6), the local county-level fishery and fishery administration department shall be notified in writing, and the rectification shall be implemented within a specified time.

   If a local fishery enterprise, organization or individual is found to have illegal production or illegal operation, the clues shall be reported to the fishery and fishery administration supervisor at or above the county level in the interviewed area in time Departments or fishery law enforcement agencies; if other departments are involved, the relevant departments at the same level shall be notified at the same time. Audio-visual materials that record illegal fishery activities that meet the evidence requirements of the”Administrative Punishment Law” and other laws and regulations can be used as the basis for administrative punishment.

   If a major case or a case with a large social impact is found to be flawed or ineffective, it can be listed for supervision in accordance with relevant regulations.

   Article 10 (Notification and Interview System) During unannounced investigations, it was found that the fishery and fishery administration departments or the fishery administration law enforcement agencies in the interviewed areas had obvious inactions. Acting, failing to take responsibility and not confronting hardships and leading to serious consequences or adverse social impacts, or there are formalistic or bureaucratic problems such as poor implementation, prevarication, deception, deception, and other formalistic and bureaucratic issues, the organization department of unannounced investigations and unannounced visits may report the relevant situation. Visit the people’s government at or above the county level where the area is located. If there is still no significant improvement in related work after the notification, you can interview the main person in charge of the people’s government at or above the county level where the interviewed area is located.

   If the situation listed in the preceding paragraph is found to be more serious, the unannounced investigation organization department may transfer the relevant clues to the disciplinary inspection and supervision agency or organization above the county level where the interviewed area is located ( Personnel) departments conduct investigations and processing; if public officials are found to be clearly suspected of committing crimes, they shall promptly transfer clues to relevant departments for further investigation and handling.

   Article 11 (Implementation of rectification) After receiving the notification from the unannounced investigation organization, the fishery and fishery administration department or the fishery administration law enforcement agency in the interviewed area shall conduct a serious investigation Verify, promptly dispose of in accordance with laws and regulations, and report the handling situation to the unannounced visit to the organization department within 10 working days; if it involves other departments, promptly report or hand over clues, and report the relevant situation to the unannounced visit to the organization department.

  Article 12 (Incentive Mechanism) The results of unannounced visits and the rectification of relevant fishery and fishery administrative departments and fishery law enforcement agencies shall be regarded as the relevant unit performance evaluation and selection advanced An important basis for units and advanced individuals.

   Article 13 (Working expenses) The expenses for secret investigations and secret visits shall be borne by the organization and implementation unit, and shall not be reported to the fishery and fishery administration authorities and fishery administration law enforcement agencies in the interviewed areas. Apportion or pass on in disguise.

   Article 14 (Implementation time) This regulation shall be implemented from the date of issuance.