Circular No. 52/2013/TT-BNNPTNT provides detailed regulations on the management of fishing ports and anchorage areas for fishing vessels to avoid storms pursuant to Decree No. 80/2012/NĐ-CP. It applies to organizations and individuals in Vietnam and foreigners operating in Vietnam.
适用范围
Organizations and individuals in Vietnam and foreign organizations and individuals involved in activities related to fishing ports and anchorage areas for fishing vessels to avoid storms in Vietnam.
要点
- Fishing port type I must have complete technical infrastructure works, post-harvest services, and main equipment as prescribed.
- Within fifteen days from the date of announcing the opening of a fishing port, the competent authority shall notify through mass media.
- The fishing port management board must report monthly on the operation of the port to the Department of Agriculture and Rural Development and the Fisheries General Department.
- Infrastructure in the port area may be leased for production and business, fishery services according to approved plans.
- The Department of Agriculture and Rural Development sends annually a list of anchorage areas for fishing vessels to avoid storms to the Fisheries General Department.
🌐 本文件的社会影响
- To enhance the effectiveness of fishing port management, protect the environment, and ensure safety for vessels.
- To strengthen business service activities at fishing ports, creating favorable conditions for fishermen.
- Investment in building infrastructure requires significant initial costs for the fishing port owner.
❓ 常见问题
Is the fishing port management board authorized to lease infrastructure for production and business, fishery services in the port area?
Yes, but it must follow the approved port exploitation plan and relevant laws.
Within how long after announcing the opening of a fishing port must the competent authority notify through mass media?
Fifteen days.
What units must the fishing port management board report monthly on the operation of the port to?
The Department of Agriculture and Rural Development and the Fisheries General Department.
How must the list of anchorage areas for fishing vessels to avoid storms be published?
Before February 1st each year, the Department of Agriculture and Rural Development reports to the Fisheries General Department.
When does the decision to close a fishing port take effect?
From the date of issuance of the decision.
全文
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ________________ Number: 52/2013/TT-BNNPTNT |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness _______________ Hanoi, December 11, 2013 |
CIRCULAR
Detailed regulations on implementation of certain Articles of Government Decree No. 80/2012/NĐ-CP
dated October 8, 2012 regarding Fishery Port Management,
anchorage areas for fishing vessels to avoid typhoons
___________________________________________
Pursuant to Government Decree No. 01/2008/NĐ-CP dated January 3, 2008 on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Government Decree No. 75/2009/NĐ-CP dated September 10, 2009 amending Article 3 of Government Decree No. 01/2008/NĐ-CP;
Pursuant to Government Decree No. 80/2012/NĐ-CP dated October 8, 2012 on fishery port management and anchorage areas for fishing vessels to avoid typhoons;
At the proposal of the Director General of the Fisheries General Department;
The Minister of Agriculture and Rural Development issues this Circular detailing the implementation of certain provisions of Government Decree No. 80/2012/NĐ-CP dated October 8, 2012 on fishery port management and anchorage areas for fishing vessels to avoid typhoons (hereinafter referred to as Decree No. 80/2012/NĐ-CP).
Article 1. Scope of Regulation and Applicability
1. Scope of regulation: This Circular details Point b Clause 1, Point b Clause 2 Article 4; Clause 3 Article 7; Clause 3 Article 8; Clause 4 Article 14; Point a Clause 9 Article 14; Clause 1 Article 19; Clause 6 Article 21 of Government Decree No. 80/2012/NĐ-CP.
2. Applicability: This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals involved in activities related to fishery ports and anchorage areas for fishing vessels to avoid typhoons in Vietnam.
Article 2. Detailed regulations on Point b Clause 1 and Point b Clause 2 Article 4 concerning equipment, cargo handling systems of fishery ports
1. For Class I fishery ports: Depending on each fishery port as specified by the People's Committee of the province, but at a minimum, it must have port infrastructure works, post-harvest service facilities, and the following main equipment:
a) Port infrastructure works include: Management house; internal traffic system; electrical system; lighting system; water supply and drainage system and wastewater treatment; port bridge canopy and canopy from the port bridge to the sorting house; communication and radio system within the port.
b) Post-harvest service facilities include: Sorting and product trading house; ship repair and fishing gear production facility; cold storage system; fuel, fresh water, and ice supply system.
c) Equipment includes: Fixed or mobile cranes, forklifts, conveyor belts, cargo transportation means within the port.
2. For Class II fishery ports: Depending on each fishery port as specified by the People's Committee of the province, but at a minimum, it must have port infrastructure works, post-harvest service facilities, and the following main equipment:
a) Port infrastructure works include: Management house; internal traffic system; electrical system; lighting system; water supply and drainage system and wastewater and waste treatment; port bridge canopy and canopy from the port bridge to the sorting house; communication system.
b) Post-harvest service facilities include: Fuel, fresh water, and ice supply system.
c) Equipment includes: Fixed or mobile cranes, cargo transportation means within the port.
Article 3. Detailed regulations on Clause 3 Article 7 regarding the contents of the decision to announce the opening of fishery ports
1. Within 15 days from the date of announcing the opening of the fishery port, the authority responsible for announcing the opening of the fishery port shall notify the contents of the Decision to Announce the Opening of the Fishery Port through central and local mass media. The Decision to Announce the Opening of the Fishery Port follows the model prescribed in Appendix I attached hereto.
2. For Class II fishery ports, within five working days from the date of announcing the opening of the fishery port, The provincial People's Committee is responsible for sending the Decision to Announce the Opening of the Fishery Port to the Ministry of Agriculture and Rural Development (Fisheries General Department).
Article 4. Detailed provisions on Clause 3 of Article 8 regarding the contents of the Decision to announce the closure of fishing ports
1. Within 15 days from the date of announcing the closure of the fishing port, the competent authority announcing the closure of the fishing port shall notify the contents of the Decision to announce the closure of the fishing port through central and local mass media. The Decision to announce the closure of the fishing port shall be in accordance with the model prescribed in Appendix II attached hereto.
2. For Type II fishing ports, within five working days from the date of announcing the closure of the fishing port, The provincial People's Committee shall be responsible for sending the Decision to announce the closure of the fishing port to the Ministry of Agriculture and Rural Development (Fisheries General Department).
Article 5. Detailed provisions on Clause 4 of Article 14 regarding the reporting system and contents
Before the 15th day of each month, the Fishing Port Management Board shall be responsible for reporting the operation status of the fishing port to the Department of Agriculture and Rural Development and the Fisheries General Department (Fishery Resources Exploitation and Protection Department). The contents of the report shall be in accordance with the models prescribed in Appendices III and IV attached hereto.
Article 6. Detailed provisions on Point a of Clause 9 of Article 14 regarding the right to lease infrastructure for production, business, and fishery services in the port area
The Fishing Port Management Board has the right to lease infrastructure such as wharfs, parking areas, workshops, land surfaces, administrative zones, sorting houses, warehouses, cold storage facilities, and fish markets, and service zones for repairing fishing vessels (if constructed) to organizations and individuals for production, business, and fishery services in the port area, in accordance with the approved port management plan and relevant laws.
Article 7. Detailed provisions on Clause 1 of Article 19 regarding the announcement of the list of anchorage areas for fishing vessels to avoid typhoons
Before February 1st of each year, the Department of Agriculture and Rural Development shall submit a report on the list of anchorage areas for fishing vessels to avoid typhoons of the locality (in accordance with the model prescribed in Appendix V attached hereto) to the Fisheries General Department (Fishery Resources Exploitation and Protection Department) in writing and via email ([email protected]).
Article 8. Detailed provisions on Clause 6 of Article 21 regarding the model regulations for managing fishing ports and anchorage areas for fishing vessels to avoid typhoons; forms of documents used in managing fishing ports and anchorage areas for fishing vessels to avoid typhoons
1. The Department of Agriculture and Rural Development, based on the following contents, shall be responsible for advising the Provincial People's Committee to issue the Regulations on Managing Fishing Ports and the Regulations on Managing Anchorage Areas for Fishing Vessels to Avoid Typhoons at the local level
a) The Regulations on Managing Fishing Ports include the following main contents:
Tasks and powers of the Fishing Port Management Board;
Determining the direct supervising agency or unit for the Fishing Port Management Board;
Responsibilities and coordination mechanisms between related departments and levels;
Responsibilities of organizations and individuals participating in the exploitation and use of fishing ports.
b) The Regulations on Managing Anchorage Areas for Fishing Vessels to Avoid Typhoons include the following main contents:
Tasks and powers of the organization entrusted with managing and using anchorage areas for fishing vessels to avoid typhoons;
Determining the direct supervising agency or unit for the organization entrusted with managing and using anchorage areas for fishing vessels to avoid typhoons;
Responsibilities and coordination mechanisms between related departments and levels;
Responsibilities of persons and fishing vessels operating in anchorage areas for fishing vessels to avoid typhoons.
Regularly reporting and announcing the list of anchorage areas for fishing vessels to avoid typhoons that meet the conditions.
2. The Fishing Port Management Board shall be responsible for establishing a Logbook of vessels docking at the port and goods passing through the port to serve statistical work, reporting, and monitoring activities at the port. The Logbook of vessels docking at the port and goods passing through the port shall be in accordance with the model prescribed in Appendix VI attached hereto.
3. Organizations entrusted with managing and using anchorage areas for fishing vessels to avoid typhoons shall be responsible for establishing a Logbook of vessels entering anchorage areas for fishing vessels to avoid typhoons to serve statistical work, reporting, and monitoring activities at anchorage areas for fishing vessels to avoid typhoons. The Logbook of vessels entering anchorage areas for fishing vessels to avoid typhoons shall be in accordance with the model prescribed in Appendix VII attached hereto.
Article 9. Effective Date
1. This Circular takes effect from February 1, 2014.
2. The Fisheries General Department, Departments, Bureaus, and related units under the Ministry of Agriculture and Rural Development; the Department of Agriculture and Rural Development shall urge, inspect, and implement this Circular according to their functions, tasks, and authorities.
3. During the implementation process, if any issues arise or difficulties occur, agencies and units shall promptly report and propose to the Ministry of Agriculture and Rural Development (through the Fisheries General Department) for consolidation and submission to the Minister for consideration and appropriate amendment and supplementation.
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Place of Receipt: - Central Party Office; - President's Office; - National Assembly's Office; - Government Office; - Ministries, ministerial-level agencies; - Provincial People's Committees; - Departments of Agriculture and Rural Development of provinces/cities directly under the Central Government; - Department of Legal Drafting - Ministry of Justice; - Leadership of the Ministry of Agriculture and Rural Development; - Units under the Ministry of Agriculture and Rural Development; - Government Website, Government Gazette; - Website of the Ministry of Agriculture and Rural Development; - To be filed: VT, TCTS. |
VICE MINISTER DEPUTY MINISTER (Signed) VU VAN TAM |
Appendix I
DECISION TO ANNOUNCE THE OPENING OF A FISHING PORT
(Annexed to Circular No.: ./2013/TT-BNNPTNT
dated...month...year 2013 of the Ministry of Agriculture and Rural Development)
|
NAME OF THE ORGANIZATION (1) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: /QĐ-...(2)... |
...(3)..., on...day...month...year....... |
Pursuant to …;
Regarding the announcement of the opening of a fishing port
AUTHORITY TO ISSUE (4)………………………………
Based on...(5)...
Based on...(6)...
Considering the proposal of...
DECISION:
Article 1. Announcing the opening of the fishing port: ...
Located in commune (ward): ...district (city district)...province (city)...
Telephone number: ...Fax number...Communication frequency...
1. Type of fishing port: ...
2. Geographical coordinates of the fishing port: ...
3. Position of the head of the channel, depth, width of the channel entering the port: ...
4. Length of the wharf: ...
5. Depth of the water where vessels can dock:...
6. Largest size and type of fishing vessel that can dock: ...
7. Cargo handling capacity: ...
8. Fishery services provided by the fishing port: ...
9. Time when the fishing port starts operations: ...
Article 2. This Decision takes effect from the date...
Article 3...(7)..., the Fishing Port Management Board, heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Decision.
|
Place of Receipt: - As in Article...; ……………...; - To be filed: VT,...(9) |
POWERS AND RESPONSIBILITIES OF THE SIGNATORY (8) (Signature, stamp) Full Name |
Note:
(1) Ministry of Agriculture and Rural Development or Provincial People's Committee.
(2) Abbreviation of the name of the issuing authority.
(3) Place name
(4) Authority of the Ministry of Agriculture and Rural Development to announce the opening of Type I fishing ports; Provincial People's Committee to announce the opening of Type II fishing ports.
(5) Specify the direct basis for issuing the decision (documents establishing the organization, regulations on functions, tasks, and authorities of the organization).
(6) Relevant legal documents directly related to the issue resolved in the content of the decision.
(7) Individuals and organizations concerned shall be responsible for implementing the decision.
(8) Minister of Agriculture and Rural Development or Chairman of the People's Committee of the province.
(9) Abbreviation of the drafting unit and number of copies to be kept (if necessary).
Seal Registration Certificate
DECISION ANNOUNCING THE CLOSURE OF A FISHERY PORT
(Annexed to Circular No.:52/2013/TT-BNNPTNT
December 11, 2013 of the Ministry of Agriculture and Rural Development)
|
NAME OF THE ORGANIZATION (1) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: /QĐ-...(2)... |
...(3)..., on...day...month...year....... |
Pursuant to …;
Regarding the announcement of the closure of a fishery port
AUTHORITY TO ISSUE (4)………………………………
Based on...(5)...
Based on...(6)...
Considering the proposal of...
DECISION:
Article 1. Announced closure of fishery port...
Located in commune (ward): ...district (city)...province (city)...
1. Name of fishery port:...
- Type of fishery port:...
- Address:…
- Geographical coordinates of the fishery port:...
- Reason for closing the fishery port:...
- Start date of closure of the fishery port:...
Article 2. This Decision takes effect from the date...
Article 3...(7)...The Fishery Port Management Board, Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Decision ./.
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Place of Receipt: - As in Article...; ……………...; - To be filed: VT,...(9) |
POWERS AND RESPONSIBILITIES OF THE SIGNATORY (8) (Signature, stamp) Full Name |
Note:
(1) Ministry of Agriculture and Rural Development or Provincial People's Committee.
(2) Abbreviation of the name of the issuing authority.
(3) Place name
(4) The Ministry of Agriculture and Rural Development has the authority to announce the closure of Class I fishery ports; Provincial People's Committees have the authority to announce the closure of Class II fishery ports.
(5) Specify the direct basis for issuing the decision (documents establishing the organization, regulations on functions, tasks, and authorities of the organization).
(6) Relevant legal documents directly related to the issue resolved in the content of the decision.
(7) Individuals and organizations concerned shall be responsible for implementing the decision.
(8) Minister of Agriculture and Rural Development or Chairman of the People's Committee of the province.
(9) Abbreviation of the drafting unit and number of copies to be kept (if necessary).
ANNEX III
REPORT ON STATISTICS OF VESSELS AND GOODS THROUGH THE PORT
(Annexed to Circular No.:52/2013/TT-BNNPTNT
December 11, 2013 of the Ministry of Agriculture and Rural Development)
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Managing Authority Name of fishery port |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ..., day... month... year ... |
REPORT
STATISTICS OF VESSELS AND GOODS THROUGH THE PORT
(Month...Year...)
Respectfully submitted to: ...
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No. |
LIST |
Livestock |
QUANTITY |
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I |
Vessels |
Trips |
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1 |
Ne < 20 HP |
Trips |
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3 |
Ne 20 – <90 HP |
Trips |
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4 |
Ne 90 – <400 HP |
Trips |
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5 |
Ne > 400 HP |
Trips |
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6 |
Other vessels |
Trips |
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II |
Fisheries production |
Metric tons |
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1 |
Fish production |
Metric tons |
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2 |
Squid production |
Metric tons |
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3 |
Shrimp production |
Metric tons |
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4 |
Other fisheries products production |
Metric tons |
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III |
Goods through the port |
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1 |
Ice |
Metric tons |
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2 |
Petroleum Products |
Liters |
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3 |
Fresh water |
Volume |
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4 |
Other goods |
Metric tons |
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Place of Receipt: - As above; - File. |
DIRECTOR (Signature, stamp) |
REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS
REPORT ON PRICES OF SOME MAJOR FISH PRODUCTS AT THE PORT
(Annexed to Circular No.:52/2013/TT-BNNPTNT
December 11, 2013 of the Ministry of Agriculture and Rural Development)
|
Managing Authority Name of Fishery Port |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness |
|
..., day...... month.... year... |
REPORT
PRICES OF SOME MAJOR FISH PRODUCTS AT THE PORT
(Month........year)
Respectfully submitted to: ...
UNIT: 1000 VND
|
Item Name |
Type |
Size |
Unit price/kg |
Remarks |
|
Yellowfin tuna |
Large size |
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Yellowfin tuna |
Small size |
< 2 kg/fish |
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Pacific bluefin tuna |
Large size |
≥ 30 kg/fish |
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Pacific bluefin tuna |
Small size |
<30 kg/fish |
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Other tunas |
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Skipjack tuna
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Large size |
≥ 2 kg/fish |
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Small size |
< 2 kg/fish |
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Fresh squid |
Large size |
≥ 14 cm/fish |
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Small size |
< 14 cm/fish |
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Dried squid |
Class I |
≥ 20 cm/fish |
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Class II |
< 20 cm/fish |
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Selected fish (1) |
||||
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Mixed fish (2) |
||||
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Miscellaneous fish |
||||
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…………………………... |
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Place of Receipt: - As above; - File. |
DIRECTOR (Signature, stamp) |
Note:
(1) Various types of fish weighing from 300-400 grams or more such as: threadfin bream, silver pomfret, red snapper, bigeye...
(2)Various small fish such as: mudskipper, golden thread, anchovy...
Appendix V
REPORT ON LIST OF ANCHORAGE AREAS FOR STORM EVACUATION
(Annexed to Circular No:......./2013/TT-BNNPTNT
day.....month.....year 2013 of the Ministry of Agriculture and Rural Development)
|
PROVINCE PEOPLE'S COMMITTEE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT AND RURAL DEVELOPMENT No:........./BC-SNN |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ..., day.....month..... year..... |
REPORT
LIST OF ANCHORAGE AREAS FOR STORM EVACUATION
Respectfully submitted to:...
The Department of Agriculture and Rural Development hereby reports the list of anchorage areas for storm evacuation for fishing vessels as follows:
|
No. |
Name, type of storm anchorage area |
Currency Exchange Agent No. 3 |
Position coordinates (Latitude, Longitude) |
Depth of anchorage waters (m) |
Capacity of fishing vessels in anchorage waters (units) |
Size and type of vessels allowed to enter the storm anchorage area |
Starting point of channel |
Channel direction |
Length of channel (m) |
Telephone number |
Frequency communication |
Recommendations:...
|
Place of Receipt: - As above - File. |
DIRECTOR (Signature, stamp) |
Appendix VI
PORT LOGBOOK OF VESSELS ARRIVING AT THE PORT AND GOODS THROUGH THE PORT
(Annexed to Circular No....../2013/TT-BNNPTNT
dated...month...year 2013 of the Ministry of Agriculture and Rural Development)
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YEAR |
Serial number |
NAME AND SURNAME OF THE BOAT OWNER |
REGISTRATION NUMBER |
ENGINE POWER |
OCCUPATION |
CREW ON BOARD |
CONTACT PHONE NUMBER |
TIME OF ARRIVAL AT THE PORT |
TIME OF DEPARTURE FROM THE PORT |
GOODS LOADED AT THE PORT |
GOODS UNLOADED FROM THE BOAT |
REMARKS |
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FISH |
SQUID |
OTHER |
OIL |
ICE |
FRESH WATER |
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Appendix VII
PORT LOGBOOK OF VESSELS ENTERING ANCHORAGE AREAS FOR STORM EVACUATION
(Annexed to Circular No....../2013/TT-BNNPTNT
dated...month...year 2013 of the Ministry of Agriculture and Rural Development)
|
YEAR |
Serial number |
NO REGISTERED NUMBER VESSEL |
NAME AND SURNAME OF THE BOAT OWNER |
ENGINE POWER |
OCCUPATION |
LABOR ON BOARD |
TIME OF ENTRY |
TIME OF EXIT |
CONTACT PHONE NUMBER |
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