Article 1 These Provisions are formulated in accordance with the Environmental Protection Law of People's Republic of China (PRC), the Water Pollution Prevention Law of People's Republic of China (PRC), the Fisheries Law of People's Republic of China (PRC) and other relevant laws and regulations in order to investigate and handle pollution accidents in fishery waters in a timely and fair manner and safeguard the legitimate rights and interests of the state, collectives and citizens.
Article 2 Citizens, legal persons or other organizations that cause pollution accidents in fishery waters shall accept the investigation and handling by fishery superintendency agencies (hereinafter referred to as competent agencies).
These Provisions shall apply to the investigation and handling of fishery water pollution accidents by competent authorities at all levels.
Article 3 The fishery waters mentioned in these Provisions refer to spawning grounds, feeding grounds, wintering grounds, migration routes and breeding grounds for fish, shrimp, shellfish, algae and other aquatic animals and plants.
Article 4 The term "pollution accident in fishery waters" as mentioned in these Provisions refers to the behavior that units and individuals introduce certain substances and energy into fishery waters, which destroys the use function of fishery waters, affects the reproduction and growth of organisms in fishery waters, or causes the death and quantity reduction of organisms, resulting in the accumulation and quality decline of biological toxic and harmful substances, thus causing damage to fishery resources and fishery production.
Chapter II Jurisdiction over Handling Pollution Accidents
Fifth prefecture (city) and county departments shall have jurisdiction over major and general fishery water pollution accidents within their supervision and management scope according to law.
The fishery administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) have jurisdiction over major fishery water pollution accidents with direct economic losses of more than one million yuan within their supervision and management scope according to law.
People's Republic of China (PRC) State Fishery Administration and Fishing Port Supervision Bureau has jurisdiction over or designated provincial authorities to deal with major fishery water pollution accidents and foreign-related fishery water pollution accidents with direct economic losses of more than10 million yuan.
Article 6 The State Fishery Administration and Fishing Port Supervision Administration of People's Republic of China (PRC) shall set up a technical examination and approval committee for fishery water pollution accidents, which shall be responsible for the technical examination and approval of major fishery water pollution accidents nationwide.
Article 7 If the lower-level competent authority thinks that the fishery water pollution accident within its handling scope needs to be handled by the higher-level competent authority, it may report it to the higher-level competent authority for handling.
Eighth fishery waters pollution accidents under the jurisdiction of the competent authorities at higher levels may, when necessary, designate subordinate institutions to deal with them.
Article 9 Fishery water pollution accidents with disputed jurisdiction shall be settled by both parties through consultation. If negotiation fails, the authorities designated by the competent authorities at the next higher level shall investigate and deal with it.
Tenth designated fishing waters pollution accidents should be handled in writing. Units designated by the competent authority shall exercise their functions and powers within the designated scope of authority.
Article 11 According to the provisions of Article 26 of the Law on the Prevention and Control of Water Pollution in People's Republic of China (PRC), disputes over the pollution of fishery waters across administrative regions shall be settled through consultation by the relevant local people's governments, or through coordination with the people's governments at higher levels, and the competent authorities shall cooperate with the relevant local people's governments to properly handle the accidents.
Chapter III Investigation and Evidence Collection
Twelfth competent authorities found or received an accident report, should do the following work:
(a) fill in the accident report, including the reporter, the time and place of the accident, the causes and conditions of pollution damage, etc.
(two) as soon as possible to organize the fishery environmental monitoring station or relevant personnel to go to the scene to investigate and collect evidence. Major, serious and foreign-related fishery water pollution accidents shall be reported to the people's government at the same level, the competent department of environmental protection and the competent authority at the next higher level immediately.
(3) For pollution accidents with complicated pollution and heavy losses, the investigation and evidence collection shall be conducted with reference to the provisions of the Investigation Method of Polluted Dead Fish (Fresh Water) promulgated by the Ministry of Agriculture.
Thirteenth fishery law enforcement personnel in the investigation and handling of fishery water pollution accidents, should collect all kinds of evidence related to pollution accidents, including documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions and on-site transcripts.
Evidence must be verified before it can be used as a basis for ascertaining facts.
Fourteenth investigation of fishery water pollution accidents, it is necessary to make on-site records, including the time and place of the accident, water type, climate, hydrology, pollutants, pollution sources, pollution scope, loss degree, etc.
The record shall be clearly stated, quantitatively accurate and truthfully recorded, and shall be signed by two fishery law enforcement officers present to record the situation at that time.
Fifteenth fishery environmental monitoring station issued by the monitoring data, appraisal conclusion or other qualified units issued by the appraisal certificate is the basis for the competent authorities to deal with pollution accidents.
The monitoring data and appraisal result report shall be signed and stamped by the monitoring appraiser.
Chapter IV Handling Procedures
Article 16 In case of a dispute over the liability for compensation and the amount of compensation caused by an accident involving pollution of fishery waters, the parties concerned may apply to the competent authority at the place where the accident occurred for mediation, or they may directly bring a suit in a people's court.
Article 17 The competent authority shall meet the following conditions when accepting the parties' application for accident dispute mediation:
(1) Both parties must agree to mediation;
(two) the applicant must be a unit or individual that has a direct interest in the dispute over the fishery loss accident;
(3) Having a clear respondent and specific factual basis and request;
(4) Not beyond the scope of acceptance by the competent authority.
Article 18 When a party applies for mediation, the competent authority has the responsibility to notify the other party to accept mediation. If the other party refuses to accept mediation, it may bring a lawsuit directly to the people's court.
Article 19 When requesting the competent authority to mediate disputes, the parties shall submit an application, which shall contain the following facts:
(1) Name, gender, age, occupation, address, postal code, etc. The applicant and the respondent (name, address and name of legal representative of the unit);
(two) the application matters, facts and reasons;
(3) Evidence and other materials related to the accident dispute;
(4) Problems to be solved.
The application is made in triplicate, one for the applicant's own use and two for the accepting institution.
Article 20 After accepting a dispute over compensation for a pollution accident, the competent authority may, when necessary, invite personnel from relevant departments to participate in mediation. When the person in charge and the personnel involved in dispute settlement have an interest with the parties to the dispute, they shall voluntarily withdraw, and the parties may also request withdrawal.
Article 21 The competent authority shall deliver a copy of the application to the respondent within 10 days after receiving the application, and the respondent shall submit the defense and relevant evidence within 15 days after receiving the copy of the application. If the respondent fails to submit the written reply on time or fails to submit the written reply, it shall be regarded as refusing mediation, and the competent authority shall inform the applicant to bring a lawsuit to the people's court.
Article 22 In the process of mediation, both parties shall be convened for discussion and consultation. A mediation agreement can be reached through consultation.
Article 23 The conciliation statement shall come into effect after being signed and sealed by both parties and the competent authority. If the parties refuse to perform the mediation agreement, the competent authority shall urge them to perform it, and the parties may also bring a lawsuit to the people's court at the same time.
Article 24 If a party refuses to accept the decision of the competent department to mediate the dispute over compensation for pollution accidents, he may bring a lawsuit to the people's court.
Twenty-fifth in the process of mediation, if one party brings a lawsuit to the court, the mediation shall be terminated.
Twenty-sixth fishery damage accidents caused by pollution, compensation for fishery losses, and by the competent authorities in accordance with the "Regulations" of fishery administrative punishment procedures for polluting units and individuals to impose a fine.
Twenty-seventh pollution caused by artificial proliferation and loss of natural fishery resources, the competent authorities shall, according to the degree of damage caused by pollution to fishery resources and fishery production, in accordance with the provisions of the fishery administrative punishment procedure, order compensation for the loss of fishery resources.
Chapter V Supplementary Provisions
Twenty-eighth the calculation of fishery losses, according to the Ministry of agriculture promulgated the "Regulations on the calculation method of fishery losses in water pollution accidents".
Twenty-ninth the provisions of the accident report registration form, on-site records, fishery water pollution accident mediation agreement and other document formats, unified by the Ministry of agriculture.
Thirtieth these Provisions shall be interpreted by the Ministry of Agriculture.
Annex I: Report Form of Pollution Accidents in Fishery Waters (omitted)
Annex II: Site Records (omitted)
Annex III: Mediation Agreement for Pollution Accidents in Fishery Waters (omitted)