Decision No. 27/2005/QD-BTS On Issuing Criteria for Fishing Vessel Shelter Areas

 

Pursuant to …;

Regarding the issuance of Criteria for Fishing Vessel Shelter Areas to Avoid Typhoons

MINISTER OF AQUATIC RESOURCES

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

Based on the proposal of the Director of the Fisheries Resource Exploitation and Protection Department at Circular No. 433/TTr-KTBVNL-KT dated August 15, 2005,

DECISION:

Article 1. Issued with this Decision are the Criteria for Fishing Vessel Shelter Areas to Avoid Typhoons.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Head of the Ministry's Office, Heads of Departments, Inspectorates, General Companies under the Ministry of Fisheries; Directors of Fisheries Departments, Departments of Agriculture and Rural Development of coastal provinces managing fisheries, and Heads of related units are responsible for implementing this Decision./.

 

 

REGULATIONS

CRITERIA FOR FISHING VESSEL SHELTER AREAS TO AVOID TYPHOONS
(Issued together with Decision No. 27/2005/QĐ-BTS dated September 1, 2005 of the Minister of Fisheries)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Regulation

These Criteria stipulate necessary conditions for fishing vessel shelter areas to avoid typhoons (hereinafter referred to as shelter areas) throughout the country.

Article 2. Applicability

These Criteria apply to regional shelter areas and local shelter areas managed by the Fisheries Sector.

Article 3. Purpose of Application:

The Criteria for fishing vessel shelter areas to avoid typhoons are as follows:

- Basis for planning and adjusting the system of shelter areas,

- Basis for developing technical standards for shelter areas,

- Basis for establishing, reviewing, and inspecting investment and construction of shelter areas,

- Basis for classification in the management of investment and construction of shelter areas.

Article 4. Definitions

Clause 1. A fishing vessel shelter area is a dedicated zone for fishing vessels to anchor and avoid typhoons. The dedicated zone for fishing vessels to anchor and avoid typhoons includes infrastructure of the shelter area,后勤部分已经翻译完成，请问您需要对原文中的其他部分继续进行专业法律英语翻译吗？如果有，请提供具体的内容或者指示。根据您的进一步要求，我会继续进行翻译工作。如果您没有更多内容需要翻译，也请告知，我将等待新的指令。

2. The storm shelter infrastructure includes sea walls, barriers against sedimentation, channels, mooring piles for vessels, buoy systems, signaling devices, and communication facilities.

3. The post-service facilities in the storm shelter area include basic service facilities providing essential services to fishermen and fishing boats (fresh water, food supplies, communications, medical care) to ensure the satisfaction of urgent needs and accident handling.

4. Key fishing grounds are marine areas with abundant marine resources, high concentrations of one or more economically valuable fish species, and large numbers of fishing vessels from multiple regions concentrated for seasonal fishing activities.

5. Vessel anchorage waters refer to waters in front of wharves, designated mooring areas, channels leading to anchorage zones, and areas reserved for supply and post-service support.

6. A channel leading to a storm shelter area is a passage connecting the operational waters of vessels to the anchorage waters.

7. Traditional fishing grounds are those that local fishermen have regularly exploited for aquatic products over time.

8. The largest fishing vessel currently available (leased from foreign countries) has a main engine power of 1,000 horsepower. Medium-sized fishing vessels have a main engine power of 300 horsepower.

II. LOCATIONS OF ANCHORAGE AND STORM SHELTER AREAS

Article 5. Storm Shelter Zone

When selecting the location for a storm shelter zone, the following conditions shall be considered:

1. Near important fishing grounds.

2. Areas with high annual frequency of storms.

3. Favorable natural conditions for storm shelters.

4. Short time required for fishing vessels to move into the storm shelter.

5. Capable of accommodating many fishing vessels, including large ones:

- The number of vessels that can anchor from 800 units or more,

- The largest vessel size up to 1000 HP can enter and exit,

- Foreign fishing vessels can enter and exit (for areas with international commitments).

6. Favorable investment conditions, capable of fully utilizing natural conditions, saving investment costs.

Article 6. Storm Shelter Zone of Provinces and Central Cities

When selecting the location for a storm shelter zone of provinces and central cities, the following conditions shall be considered:

1. Near traditional fishing grounds or major fishing clusters of the locality.

2. Natural and geographical conditions favorable for anchoring and storm shelters, ensuring safety for fishing vessels entering the storm shelter.

3. Mainly utilizing natural terrain, with investment projects and lower investment costs compared to regional storm shelter zones.

4. Meeting the needs of local fishing vessels for storm shelters:

- The number of fishing vessels that can take shelter up to 800 units,

- Meeting the needs of various types of vessels with the smallest power for storm shelters.

III. TECHNICAL REQUIREMENTS FOR STORM SHELTER ZONES

Article 7. Vessel Mooring Area

1. The vessel mooring area should be relatively calm, shielded from wind on at least three sides from sea waves, ideally located deep within enclosed bays or isolated river mouths.

2. The mooring area must be sufficiently wide, with appropriate depth (minimum depth from 1.1 to 1.5 meters below the lowest water level of the largest vessel entering and exiting the storm shelter) and have favorable geological seabed conditions for anchoring. In cases where the natural storm shelter area is narrow and geological seabed conditions cannot ensure anchorage, independent mooring piles and buoys should be arranged to support and organize anchoring.

Article 8. Channel into the Storm Shelter Zone

1. The channel must be wide and deep enough for medium-sized fishing vessels to enter and exit simultaneously (two-way traffic), and the largest fishing vessels to enter safely according to single-lane standards.

2. The minimum width of the channel equals eight times the width of medium-sized fishing vessels or four to five times the width of the largest fishing vessels entering and exiting the storm shelter zone.

3. The minimum depth of the channel equals 1.1 to 1.5 meters below the lowest water level of the largest fishing vessels entering and exiting the storm shelter zone, depending on the seabed geology.

4. On the channel, there must be entrance lights and navigation signal systems to ensure safe vessel entry and exit day and night.

5. Meteorological and hydrological conditions on the channel must ensure safe vessel operation.

Article 9. Post-Harvest Service Facilities of the Storm Shelter Zone

1. On the land area of the storm shelter zone, essential service facilities serving fishermen and fishing vessels (freshwater, food supplies, communication, medical services) must be provided to meet urgent needs and accident handling.

2. Communication equipment and rescue signaling devices sufficient to proactively respond and coordinate with central and local flood control, storm prevention, rescue, and maritime search and rescue forces.

3. Service supply and rescue support mainly rely on existing facilities of fish ports, transportation ports, towns, market towns in the area, or fish ports and service facilities for the fishing industry under construction.

IV. IMPLEMENTATION PROVISIONS

Article 10. Responsibilities of management agencies

1. The Fisheries Exploitation and Protection Department and the Planning and Finance Department shall organize guidance, monitoring, inspection, and regular reporting to the Minister on the implementation of investment in constructing storm shelters in accordance with the Criteria Regulations that have been issued.

2. Departments of Fisheries and Departments of Agriculture and Rural Development under the management of fisheries shall assist the People's Committees of provinces in organizing, directing, guiding, and inspecting the investment in constructing storm shelters within their respective provinces in accordance with the Criteria Regulations issued in this Decision.

Article 11. Responsibilities of project investors.

Project investors shall base their selection of scale and location for constructing anchorage areas for storm shelters on these Criteria Regulations, report to the Ministry of Fisheries, and submit for approval by the competent authority./.