The General Office of the People's Government of Hainan Province issued the "Regulations on the Management of Vessel Navigation in Hainan Free Trade Port"

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Maritime Traffic Safety Law of the People's Republic of China, the Hainan Free Trade Port Law of the People's Republic of China and other laws, in order to regulate the order of navigation, berthing and operation of ships in the waters of Hainan Free Trade Port, ensure the safety of ship navigation, prevent the risk of ship smuggling, and serve the construction of a free trade port with Chinese characteristics.

Article 2 These Measures apply to the navigation, berthing, operation and related activities of ships in the waters of Hainan Free Trade Port. If otherwise provided by laws, regulations and rules, such provisions shall prevail.

Article 3 The people's governments of provinces, coastal cities and counties (autonomous counties) shall organize and coordinate the management of ship navigation in their administrative regions and establish and improve a coordinated and coordinated comprehensive governance mechanism.

Maritime, agriculture and rural areas, tourism and culture, transportation, customs, maritime police, public security, entry-exit border inspection and other departments shall, in accordance with their respective responsibilities, do a good job in the management of ship navigation in the waters of Hainan Free Trade Port and the comprehensive governance of their respective fields.

Chapter II Traffic Conditions and Navigation Guarantees

Article 4 When the provincial and coastal municipal and county (autonomous county) people's governments compile the overall national land space plan, detailed plan and relevant special plan, they shall coordinate the space needs of maritime transportation, tourism, fishery, etc.

Article 5 The people's governments of coastal municipal and county (autonomous county) and relevant departments such as development and reform, natural resources and planning, ecological environment, forestry, transportation, agriculture and rural areas, and maritime affairs shall strengthen communication and cooperation on the development and utilization of marine resources and promote the rational development and sustainable utilization of the Hainan Free Trade Port waters.

When the people's governments of coastal municipal and county (autonomous county) designate public anchorages, non-customs anchorages, and ship berthing areas, they shall be equipped with necessary maritime transportation support service systems and seek the opinions of maritime departments.

When the provincial development and reform department compiles the development plan for marine-related industries and the approval of marine-related projects, it shall make reasonable avoidance of relevant facilities, routes, anchorages, etc., and seek the opinions of natural resources and planning, ecological environment, forestry, transportation, agriculture and rural areas, maritime affairs, etc.

The provincial natural resources and planning department shall seek the opinions of the maritime department when conducting the approval of the use of sea for marine engineering projects.

The provincial ecological environment department shall seek the opinions of the maritime, agricultural and rural departments when conducting the environmental impact assessment and approval of marine engineering projects.

The provincial forestry department shall seek the opinions of the maritime, transportation, agricultural and rural departments when formulating marine forestry plans and formulating major policies for the development, utilization and protection of marine natural resources.

When formulating port plans and approving the use of port shorelines, the provincial transportation department shall coordinate the planning and construction of port facilities such as waterways, anchorages, navigation aids, and supervision facilities, and examine the impact of shoreline use plans on waterways and navigation safety.

When formulating fishery development plans and building fishery docks, the provincial agricultural and rural departments shall seek the opinions of the maritime, transportation, natural resources and planning, ecological environment, forestry and other departments.

When the maritime department demarcates or adjusts the ship routing area, anchorage outside the port, and safe operation areas that affect other marine functional areas or sea-use activities, it shall seek the opinions of the natural resources and planning, ecological environment, forestry, agriculture and rural areas and other departments.

Article 6  According to the actual needs of the construction of Hainan Free Trade Port, the designated port public anchorage, non-customs anchorage and ship berthing area shall be uniformly announced by the maritime department in accordance with the law, and the relevant functional departments shall supervise in accordance with the law.

Article 7  When constructing marine engineering and coastal engineering projects, it is necessary to carry out the impact and risk analysis of the project's navigation safety, study and judge the impact of the planning site selection and construction content on the navigation safety of ships, analyze the major risks of the project construction, clarify the marine traffic safety facilities that need to be constructed in conjunction, and design, construct, put into production and use at the same time as the main project to ensure the navigation safety of ships and the safety of project operations.

Article 8  If the construction of marine engineering and coastal engineering projects affects the safety of marine traffic, facilities and equipment to prevent ship collisions shall be equipped according to the situation and special navigation marks shall be set up. The safe operation area approved by the maritime department shall be equipped with relevant safety warning signs, necessary safety facilities or warning ships. Relevant facilities and equipment shall comply with the requirements of mandatory standards and technical specifications and be in good applicable condition to avoid affecting the navigation safety of ships.

Construction of buildings, structures and marine engineering, coastal engineering, use of facilities and equipment should avoid affecting the maritime traffic support service system, marine observation system, military facilities, etc.; if any impact is caused, timely measures should be taken to eliminate the impact.

Article 9  In any of the following circumstances, an application for the issuance of a navigation notice shall be made in accordance with the regulations so that the competent authority can update the changes in the navigation environment in a timely manner to reduce the impact on the navigation safety of ships.

(i) Construction of marine and coastal engineering projects;

(ii) Delineation, modification or cancellation of waterways and anchorages;

(iii) Establishment, cancellation or change of aids to navigation;

(iv) Installation or removal of mooring buoys;

(v) Delineation, modification or cancellation of prohibited navigation areas, prohibited anchorage areas, underwater pipeline protection areas, and submarine cable protection areas;

(vi) Delineation, modification or cancellation of mud dumping areas, waste dumping areas, training areas, breeding areas, safe operation areas, bridge waters, etc.;

(vii) Water operations or activities that may affect navigation safety;

(viii) Other situations that may hinder maritime navigation safety.

Article 10 No operations or activities that may affect the navigation safety of ships shall be carried out in waters such as ship routing areas, waterways (roads), anchorages, port waters, bridge waters, and safe operation areas.

Chapter III Navigation Management

Article 11 International ships entering and leaving Hainan Free Trade Port shall enter and leave from ports open to the outside world.

If a ship needs to enter the waters of Hainan Free Trade Port due to emergency situations such as sick personnel, mechanical failure, distress, or shelter, it shall make an emergency report to the maritime department at the same time as entering and accept the instructions and supervision of the maritime department. The maritime department shall promptly inform the coast guard, entry-exit border inspection, public security, customs and other departments.

Article 12  Ships entering and leaving Hainan Free Trade Port shall report to the competent authorities on voyage dynamics, personnel on board, passenger and cargo loading and other information in accordance with regulations. After receiving the report, the competent authorities shall promptly share the relevant information among departments through the information sharing and exchange platform designated by the province.

Article 13  Ships sailing on fixed routes and fixed waters may report in the form of daily reports. If reporting in the form of daily reports, all voyage plans for the day shall be reported to the competent authorities before sailing, and the voyage plans shall include information such as personnel on board, passenger and cargo loading, etc.

Article 14: Any of the following circumstances may be identified as a ship sailing on a fixed route in the waters of Hainan Free Trade Port:

(i) Ro-Ro passenger transport ships sailing at ports on both sides of the Qiongzhou Strait;

(ii) Supply, transportation, and operation auxiliary ships sailing between Hainan Island and offshore operating platforms and offshore wind farms;

(iii) Transport and traffic ships sailing between Hainan Island and offshore operating areas and loading and unloading stations;

(iv) Ships sailing between Hainan Island and Sansha City, and between Hainan Island and other islands;

(v) Other ships sailing on fixed routes identified by relevant competent authorities.

Article 15: Any of the following circumstances may be identified as a ship sailing in a fixed waters area in the waters of Hainan Free Trade Port:

(i) Ships sailing or operating within the safe operating area;

(ii) Ships sailing or operating within the offshore operating platform area;

(iii) Ships sailing or operating within the loading and unloading station area outside the port;

(iv) Other ships sailing in a fixed waters area identified by relevant competent authorities.

Article 16 Ships shall comply with regulations and requirements such as ship reporting system, ship routing system, traffic control, and bridge area water management during navigation.

Ship shall not modify or camouflage without authorization in violation of regulations, and shall not carry out acts endangering public safety such as collision, throwing obstacles, driving at high speed, and shining strong light on drivers.

Article 17 Ships shall be equipped with and turn on the shipborne automatic identification system (AIS) and Beidou terminal system in accordance with relevant regulations, and shall not shut down or dismantle the system without authorization. When a system fails, it shall be reported to the competent authority in a timely manner and repaired quickly.

Chapter IV Mooring Management

Article 18 Ships shall be moored at docks, berths, loading and unloading stations, anchorages, and safe operating areas that meet safety conditions. Mooring of ships shall not endanger the safety of other ships and offshore facilities.

Article 19 Ships shall not anchor in submarine cable protection areas, bridge area waters, ship routing areas, waterways (roads), and other prohibited anchoring waters in violation of regulations. In an emergency, an emergency report shall be made to the competent authority, and the instructions and supervision of the competent authority shall be accepted.

Article 20 Anchored ships shall do the following work in accordance with the regulations:

(i) Display signals and hang signs;

(ii) Maintain normal duty on the specified channels and shall not engage in calls unrelated to maritime traffic safety on the specified duty channels;

(iii) Monitor the anchoring status of the ship, the dynamics of nearby ships and the surrounding conditions;

(iv) Receive warning information such as poor visibility, bad weather and other adverse effects in a timely manner, and take measures to respond.

Article 21 Except for emergency situations such as rescue, lifesaving, and typhoon prevention, anchored ships shall report their positions and dynamic information to the maritime authorities when lowering boats and rafts into the sea and discarding goods and containers.

Article 22 When embarking and disembarking personnel and replenishing supplies and materials on ships, they shall comply with the supervision requirements of personnel and goods in the Hainan Free Trade Port.

Article 23 Ship owners, ship agents or captains shall comply with the safety management requirements of the competent authorities for long-term anchored ships and implement management responsibilities such as duty and protection.

Chapter V Operation and Activity Management

Article 24 Vessels shall operate or load and unload cargo at ports, loading and unloading stations outside ports and approved safe operation areas determined by the competent authorities, and comply with the supervision requirements of ships, cargoes and personnel in Hainan Free Trade Port.

Before carrying out cargo loading and unloading operations at sea, vessels shall report their operation plans to the maritime department.

Article 25 Vessels engaged in dangerous goods loading and unloading and transshipment operations shall prepare operation plans, comply with relevant mandatory standards and safe operation operation procedures, and take necessary preventive measures.

When dangerous goods are loaded, unloaded or transshipped in ports, the decision on whether to agree shall be made by the port administrative department.

When transshipment operations of bulk liquid dangerous goods are carried out outside port waters, permission shall be obtained from the maritime department and a safe operation area shall be approved.

Article 26 When engaging in water and underwater activities such as sports, entertainment, drills, trial voyages, scientific observations, etc., activity plans, safety guarantees and emergency plans shall be prepared, and the scope of the activity waters shall not be expanded without authorization or other unrelated activities shall not be carried out.

Article 27 Ships engaged in the construction, operation, maintenance, and replenishment of drilling platforms, offshore wind farms, and marine ranches shall carry out operations and activities in accordance with the prescribed routes and waters.

Personnel engaged in construction, operation, and maintenance operations shall receive professional education and training on maritime traffic safety and corresponding positions in accordance with regulations and obtain training certificates.

The number of personnel carried by a ship shall not exceed the approved number, and it shall not dock, embark or disembark, or unload cargo at locations other than those specified.

Chapter VI Supervision and Inspection

Article 28 Each competent authority shall supervise and inspect the compliance of ships with the provisions of these Measures in navigation, berthing, operations, and related activities, implement management requirements, and deal with violations in accordance with the law.

Article 29 Each competent authority shall strengthen information sharing, work consultations, law enforcement coordination, and joint prevention and control.

Customs, entry-exit border inspection, maritime and other port inspection agencies shall strengthen the sharing of customs clearance information of ships, personnel and goods. The competent departments such as the Coast Guard, Customs, entry-exit border inspection, maritime, agriculture and rural areas, natural resources and planning shall report the maritime illegal and irregular behaviors and clues found and discovered to the relevant functional departments.

All competent authorities should make full use of Hainan's social management information platform to carry out situation awareness, early warning and prediction, and comprehensive analysis of ship activities in the waters of Hainan Free Trade Port, and organize verification and disposal in a timely manner.

Port enterprises and marine engineering construction units shall strengthen the linkage and information exchange with the competent authorities' information platform in accordance with the law, and ships and their operating and activity units shall actively report and share information with the competent authorities.

Chapter VII Supplementary Provisions

Article 30 The meaning of the relevant terms in these Measures:

"Ship" refers to all kinds of displacement or non-displacement ships, boats, rafts, seaplanes, submersibles, mobile platforms and other mobile devices.

"Port" refers to an area consisting of a certain range of water and land areas with functions such as ship entry and exit, berthing, berthing, passengers embarking and disembarking, cargo loading and unloading, transshipment, and storage, and has corresponding terminal facilities.

"Off-port loading and unloading station" refers to an off-port operation point or facility for ships to dock and load and unload cargo.

"Competent authority" refers to the competent authorities such as transportation, maritime affairs, agriculture and rural areas, customs, maritime police, and entry and exit that are granted management powers in accordance with the law.

"Coastal engineering" refers to a new, rebuilt, or expanded project located on the coast or connected to the coast, with the main body of the project located on the landward side of the coastline, which has an impact on the marine environment.

"Marine engineering" refers to a new, rebuilt, or expanded project with the purpose of developing, utilizing, protecting, and restoring marine resources, and the main body of the project is located on the seaward side of the coastline.

"Maritime traffic safety facilities" refers to the general term for facilities, equipment, information systems, and other technical measures used to prevent maritime traffic safety accidents.

Article 31  Where there are other provisions in laws and regulations on maritime military jurisdiction, military ships and offshore facilities, official ships, etc., they shall be implemented in accordance with the relevant provisions.

Article 32  The Hainan Maritime Safety Administration shall be responsible for interpreting the specific application of these Measures together with relevant departments.

Article 33  These Measures shall come into force on April 1, 2024.