Regulations of Shanghai Municipality on the Prevention and Control of Ship Pollution

(December 21,2022)

[15th] No.143

(Adopted at the 47th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on December 21, 2022)

Chapter I  General Provisions

Article 1

With a view to strengthening the prevention and control of ship pollution, protecting the ecological environment, promoting the construction of ecological civilization, and promoting the high-quality development of economy and society, these Regulations are formulated in accordance with the relevant laws and administrative rules such as the Yangtze River Protection Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Water Pollution, the Law of the People's Republic of China on the Protection of the Marine Environment, the Regulations on the Prevention and Control of Marine Environment Pollution by Ships, and in the light of the actual circumstances of this Municipality.

Article 2

The ships sailing, berthing and operating in the navigable waters of this Municipality and the port waters authorized by the State (hereinafter referred to as the administrative waters), as well as the units engaged in the operation activities related to the water environments such as ship repair, disassembly, loading and unloading, salvage, etc. (hereinafter referred to as the relevant operation units) and the related individuals shall comply with these Regulations.

Article 3

The principles of putting prevention first, combining prevention and control, overall planning and coordination, comprehensive treatment and innovation-driven shall be adhered to for the prevention and control of ship pollution so as to strengthen source control and systematic remediation, and promote the development of green shipping.

Article 4

The municipal and district people's governments shall strengthen the leadership of the prevention and control of ship pollution, incorporate the prevention and control of ship pollution as an important part of environmental protection into the national economic and social development plans, ensure the capital investment of the prevention and control of ship pollution, and include the required funds in the financial budgets at the same level in accordance with the principle of matching the financial powers and expenditure responsibilities.

Article 5

The maritime administrative agencies established by the competent departments of transportation under the State Council in this Municipality and the municipal and district traffic administrative departments (hereinafter referred to as the competent departments of prevention and control of ship pollution) shall be responsible for the supervision and management of the prevention and control of ship pollution according to their respective responsibilities.

This Municipality's development and reform, planning resources, ecological environment, water affairs, greening and city appearance, economy and information technology, science and technology, emergency, urban management and law enforcement and the other administrative departments shall, in accordance with their respective responsibilities, do a good job in the prevention and control of ship pollution.

Article 6

The ships and the relevant operating units and individuals shall, in accordance with the relevant requirements of the State and this Municipality, establish and improve the responsibility systems for the prevention and control of ship pollution, and take effective measures to prevent environmental pollution.

The owners, operators or managers of the ships and the main responsible persons of the relevant operation units are the first responsible persons for the prevention and control of ship pollution of their units, and are fully responsible for the prevention and control of ship pollution of their units. The captains have the independent decision-making power and the ultimate responsibilities in the prevention and control of water pollution by ships.

Article 7

This Municipality encourages and supports scientific and technological research in the prevention and control of ship pollution, promotes the transformation of scientific and technological achievements, and gives full play to the supporting roles of science and technology in the prevention and control of ship pollution.

This Municipality supports the promotion of the advanced and applicable new technologies, new processes, new materials and new equipment for the prevention and control of ship pollution, encourages the ships to use clean energy and new energy, so as to improve the prevention and control level of ship pollution.

Article 8

Any unit or individual shall have the right to report the environmental pollution caused by the ships and their related operations. The competent departments for prevention and control of ship pollution and the other relevant administrative departments shall, in accordance with their duties and authorities, investigate and verify the contents of the reports, and keep confidential the relevant information of the reporters.

The units and individuals that have made outstanding achievements in the prevention and control of ship pollution shall be commended or rewarded according to provisions.

Chapter II  General Provisions

Article 9

The navigation, berthing and operation of the ships, as well as the units and individuals engaged in ship repair, disassembly, loading and unloading, salvage and the other operations related to the water environments, shall comply with the relevant laws and rules on pollution prevention and control, drinking water source protection, and meet the state and municipal standards, norms and requirements on pollution prevention and control.

Article 10

The municipal and district people's governments shall make overall plans and construct the facilities for the receipt, transfer and disposal of ship pollutants, so as to improve the receipt, transfer and disposal capacities of ship pollutants.

The ports, wharves, loading and unloading stations, and ship repair and building yards shall have sufficient facilities for receiving ship pollutants, and be well connected with the urban public transport and disposal facilities.

For the construction, reconstruction and expansion of ports and wharves, ship pollutant receipt facilities shall be built according to the requirements, and shall be designed, constructed and put into use simultaneously with the main works.

Article 11

The units engaged in the receipt, transfer and disposal of the ship pollutants shall meet the requirements of the State and this Municipality, and observe the following provisions:

1.establish corresponding anti-pollution management systems;

2.organize the relevant operation personnel of the units to carry out post training;

3.install video monitoring systems covering the receipt, transfer and disposal of ship pollutants, implement dynamic monitoring, and save the video monitoring data for at least three months; and

4. use qualified supervision and management information systems.

Article 12

The noise emitted by the navigation, berthing and operation of the ships, as well as those produced by the units and individuals engaged in ship repair, disassembly, loading and unloading, salvage and the other operations related to the water environments, shall conform to the provisions of the State.

The ships are prohibited from honking horns in the waters between Yangpu Bridge and Xupu Bridge on the Huangpu River and the inland navigable waters within the outer ring road, except for the cases that endanger navigation safety and that sound devices should be used according to the collision avoidance rules.

Article 13

This Municipality may designate specific water areas as green shipping demonstration areas and implement stricter measures for the prevention and control of ship pollution.

When the ships sail, berth and operate in the green shipping demonstration areas, the ship type, age, anti-pollution structural equipment, type of cargo carried, pollutant emission and carbon emission level, and shore power utilization shall meet the relevant requirements of the green shipping demonstration areas at the same time.

Chapter III  Prevention and Control of Water Pollution from Ships

Article 14

The ships shall, in accordance with the provisions of the State, be equipped with sufficient number and capacities of collection and storage tanks (cabinets) or containers for the water pollutants from ships, and timely collect, store and treat the water pollutants generated. When the ships use domestic sewage treatment devices, oil-water separators and other anti-pollution facilities, maintenance and records shall be made.

The ships that need to set up classified collection containers such as domestic garbage according to the provisions of this Municipality shall also meet the relevant standards of this Municipality's environmental sanitation management so as to be commensurate with the amount of garbage generated, and maintain normal use.

Article 15

The ships shall dispose of or hand over the water pollutants in a timely manner. The ports, wharves, loading and unloading stations, ship repair and building yards, water service areas and the other ship pollutant receiving units shall receive water pollutants from ships in accordance with the provisions, and issue the ship owners with the receiving documents that meet the requirements of the competent departments for prevention and control of ship pollution.

The domestic garbage and sewage from inland ships shall be delivered at least once every five days or every voyage, except for those with reasonable reasons.

The inland river ships shall present the receiving documents to the port operators at the ports of call on their own initiative; when they are unable to produce the receiving documents, they shall make explanations to the port operators. The port operators shall check the receipt documents and record the presentation of the receipt documents or explanations of the ships.

When the inland river ships refuse to produce the receiving documents or make explanations, the port operators shall report the relevant information to the competent departments for prevention and control of ship pollution, and may suspend the loading and unloading operations.

Article 16

Where water pollutants such as oily sewage are temporarily stored and transported on the receiving ships after being received by the ships, they shall be managed according to the water pollutants from ships; when the water pollutants are transported on water after being pretreated after receipt, their management shall be carried out according to the water transport of harmful polluting cargoes. The pretreatment and reuse of the domestic sewage, oily sewage and other water pollutants shall be encouraged.

The receiving and transferring units of the ship pollutants shall transfer the water pollutants from ships to the units with corresponding qualifications for disposal according to law. It is prohibited to discharge the received and transferred water pollutants into the water.

Article 17

The ships are prohibited from directly discharging the untreated domestic sewage and oily sewage into water bodies in violation of provisions.

The ships are prohibited from discharging domestic sewage and oily sewage into the Huangpu River and Suzhou Creek, and from discharging oily sewage into the other inland navigable waters.

Article 18

The ships carrying bulk liquid dangerous cargoes with the hull outer plates as the perimeter of the tanks (including single-side single-bottom, double-side single-bottom, single-side double-bottom) are prohibited from berthing and operating in the main stream of the Yangtze River, Huangpu River and the other inland navigable waters in this Municipality.

Article 19

The domestic garbage, domestic sewage and oily sewage generated by the inland ships sailing, berthing and operating in the Huangpu River and the other inland navigable waters shall be received, transferred and disposed of by the municipal and district people's governments via government purchase services.

Article 20

The domestic sewage discharge pipelines and valves directly leading to the outboards of the inland ships shall be sealed or blocked with blind plates.

Before washing the decks of the ships, cleaning shall be made first and the pollutants from ships be collected and disposed of. When the ships’ decks are contaminated with pollutants, toxic and harmful substances, or the ships are located in the special protection areas such as water source protection areas, quasi-water source protection areas and marine nature reserves, the ships’ decks shall not be washed.

Article 21

This Municipality implements the multi-copy manifest management of receipt, transfer and disposal of the water pollutants from ships.

The ships and the receiving, transferring and disposing units of the water pollutants from ships shall use the prescribed supervision and management information systems, accurately measure and truthfully record the receipt, transfer and disposal of the water pollutants from ships according to the requirements of filling in and submitting the multi-copy manifests.

Article 22

The competent departments for prevention and control of the ship pollution and the administrative departments of ecological environment, water affairs and greening and city appearance shall jointly supervise the delivery, receipt, transfer and disposal of the water pollutants from ships.

Where the water pollutants from ships are received or transferred by ships or ports, the competent departments for prevention and control of ship pollution shall carry out supervision and management in accordance with their duties.

The terminal disposal of the oily sewage and the water pollutants from ships in the range of  hazardous wastes and their pre-treatment products transferred and disposed on shores shall be supervised and managed by the ecological environment departments.

The collected and treated domestic sewage from ships discharged into the municipal drainage pipe network shall be supervised and managed by the water affairs departments.

The receipt, transfer and disposal of the domestic garbage from ships shall be supervised and managed by the greening and city appearance departments in accordance with the relevant provisions of this Municipality's domestic garbage management.

Article 23

When the international navigation ships discharge their ballast water, ballast water treatment devices or other equivalent measures shall be adopted to inactivate the ballast water, so as to ensure that the discharged ballast water meets the requirements, and they shall report to the competent departments for prevention and control of ship pollution in accordance with the provisions before discharging.

Chapter IV  Prevention and Control of the Air Pollution from Ships

Article 24

The ships shall not discharge pollutants into the atmosphere in excess of the discharge standards set by the State and this Municipality.

The ships are prohibited from using incinerators in the waters under management.

Article 25

The fuel oil supplied by the fuel oil supply units and used by the ships navigating, berthing and operating in the waters under management shall meet the quality standards set by the State and this Municipality. The ships are encouraged to use fuel with higher environmental standards.

When the ships use the exhaust gas cleaning their systems, the washing water and residues thus generated shall be disposed according to the provisions, and the records shall be made, and the illegal discharge shall not be allowed.

Article 26

The competent departments for prevention and control of ship pollution shall supervise and inspect the discharge of the atmospheric pollutants from ships via on-site inspection and monitoring, remote sensing monitoring, etc.

Article 27

This Municipality shall promote the comprehensive provision of shore power facilities at ports and wharves.

The municipal traffic administrative department shall, together with the relevant departments, formulate plans for the construction and renovation of port shore power facilities and ship power receiving facilities, organize and implement them after submitting them for approval in accordance with the prescribed procedures. The ports, wharves and ships shall be constructed and renovated in accordance with the plans and the relevant standards and specifications. The shore power facilities shall have the power supply capacities corresponding to the power demand of the berthing ships, and shall be able to connect with the ships safely, reliably and in normatively way.

This Municipality will, in accordance with the provisions, provide support policies such as capital subsidies and preferential electricity prices for the renovation and use of port shore power facilities and ship power receiving facilities.

Article 28

The ports, wharves, loading and unloading stations, and water service areas that have the conditions for the supply of shore power shall provide shore power to the ships that have the facilities for receiving power, except for the temporary failure of shore power facilities, or the failure to provide shore power under such emergencies as severe weather, accidents, etc. When shore power has not covered all the berths, the port operators shall give priority to arranging shore power berths for port operations for the berthing ships with power receiving facilities.

The ships with power receiving facilities shall use shore power when berthing shore power berths, except otherwise stipulated by the State.

The port operators and the other relevant units are encouraged to implement measures such as reducing or remitting the service charge of shore power for the ships using shore power.

Article 29

The port operators shall report the main technical parameters, testing conditions, distribution locations and the other information of the shore power facilities to the municipal or district traffic administrative departments for the record, and make them available to the public via websites and other channels.

The port operators and ships shall faithfully record the use, fault and repair of shore power facilities in accordance with the relevant provisions, and keep them for future reference in accordance with the provisions.

Chapter V  Prevention and Control of Pollution from Ship-related Operations

Article 30

Those engaged in operations such as ship cleaning, tank washing, pollutant receipt, fuel supply and receipt, loading and unloading, ship to ship transfer, repair, disassembly, salvage, pollution removal, floating dock sinking, water and underwater construction with ships shall comply with the relevant operating procedures, take necessary pollution prevention measures, and treat the pollutants generated in the process of operation in accordance with the provisions.

Before the commencement of the operation, the operating units shall, in accordance with the provisions, report the operation time, operation contents and other information to the competent departments for prevention and control of ship pollution.

The personnel engaged in the operational activities specified in Paragraph 1 of this Article shall have professional knowledge and skills related to safety and pollution prevention and control.

Article 31

When supplying fuel oil, the fuel oil supply units shall provide the fuel oil supply and acceptance documents and fuel oil samples to the ships. The ships and fuel oil supply units shall keep the supply and receipt documents for three years and the fuel oil samples for one year.

The units engaged in the supply of ship fuel, liquefied natural gas and other new fuels shall, in accordance with provisions, file with the competent departments for prevention and control of ship pollution.

Article 32

For those engaged in the supply and receipt of ship fuel and the loading, unloading and ship to ship transfer of dangerous cargoes contaminated by bulk liquid, both parties shall confirm the relevant anti-pollution measures before the operation, and strictly implement the anti-pollution measures during their operation.

Article 33

The ships shall, before carrying out their repair and building operations on water, make explanation about the nature, quantity, type and location of the pollutants on board to the ship repair yards. The ship repair yards and the shipowners or operators shall clearly define the main responsibilities of both parties for pollution prevention management and the main responsibilities for pollution removal after the occurrence of ship pollution accidents.

For ship repair and building operations in the dock, the ship repair yards shall clean up the pollutants in the docks and confirm that there will be no water pollution before sinking the floating docks or opening the dock doors.

The competent departments for prevention and control of ship pollution and the ecological environment departments shall, in accordance with their respective duties, strengthen the supervision and inspection of the repair and construction of ships on water and on shore and their related operations, so as to prevent the environmental pollution caused by the operations.

Article 34

The ships transporting the cargoes that emit toxic and harmful gases or dust substances shall take sealing or other protective measures.

For the loading and unloading and ship to ship transfer operations of the cargoes mentioned in the preceding Paragraph, both parties shall take measures to recover toxic and harmful gases and suppress dust during the operations.

When this Municipality issues an early warning of heavy air pollution, the ships and relevant operating units shall take emergency measures such as stopping operations that are prone to generate dust according to different levels of pollution early warning.

Chapter VI  Emergency Handling of Ship Pollution Accidents

Article 35

The competent departments for prevention and control of ship pollution shall, together with the relevant departments, formulate the plans for the construction of emergency capacity for the prevention and control of the environmental pollution from ships and their related operations, formulate the emergency plans for ship pollution accidents, and implement them after submitting them for approval in accordance with the prescribed procedures.

This Municipality shall strengthen the construction of emergency professional forces for water pollution accidents, and build and optimize the ship pollution emergency equipment warehouses in accordance with the principle of land and water coordination and resource sharing, to provide support for the training and exchange of professional teams and the provision of professional decontamination facilities and equipment.

The competent departments for prevention and control of the pollution from ships and the other relevant departments and the people's governments of the relevant district shall strengthen information sharing, cooperation and coordination, and improve the emergency response capacity of pollution accidents.

Article 36

The ship owners, operators or managers shall formulate the emergency plans for the prevention and control of environmental pollution caused by ships and their related operations, and organize regular drills.

The ports, wharves, loading and unloading stations, water service areas and units engaged in ship repair, disassembly, salvage and other operations shall, in accordance with the provisions, formulate emergency plans to prevent and control the environmental pollution caused by ships and their related operations, and regularly organize drills, provide necessary emergency facilities, equipment and apparatuses, maintain their good technical status, and realize the unified allocation and use of the emergency facilities, equipment and apparatuses.

Article 37

During the emergencies such as natural disasters, accident disasters or public health events, the emergency handling measures for the delivery, receipt, transfer and disposal of ship pollutants implemented by the municipal and district people's governments according to law and other management measures shall be taken by the ships and ports, docks, loading and unloading stations, and water service areas.

The ship garbage, domestic sewage, ballast water and sediment from ships in epidemic areas shall be received and treated in accordance with the State and Municipal epidemic prevention management requirements.

Article 38

In the event of pollution accidents on the ships, emergency plans shall be launched immediately, measures shall be taken to control or mitigate the pollution hazards to the environment, and timely reports shall be made to the competent departments for prevention and control of ship pollution.

Where the relevant operation ships, port operators and the relevant operation units find that the ships and their relevant operation activities may cause water pollution, they shall immediately take corresponding emergency handling measures according to the provisions and report to the competent departments for prevention and control of ship pollution.

Article 39

Upon receipt of the reports of ship pollution accidents, the competent departments for prevention and control of ship pollution shall immediately verify the relevant situations, report them to the competent departments of the industry at a higher level in accordance with the relevant provisions of the State and this Municipality, and at the same time report them to the people's government at the same level. The corresponding search and rescue centers or sub-centers shall immediately review the relevant situations and launch the emergency plans in accordance with the relevant provisions.

The relevant departments and units shall carry out corresponding emergency handling work according to the division of work in the emergency plans.

Article 40

Where oil dispersants are used for emergency handling of the ship pollution accidents, they shall meet the standards prescribed by the State and be reported to the competent departments for prevention and control of ship pollution before use.

Oil dispersants are prohibited to be used in this Municipality's inland navigable waters, marine nature reserves and the other special protected areas.

Article 41

The competent departments for prevention and control of ship pollution may, in accordance with the need of emergency handling of ship pollution accidents, take necessary measures such as organizing clearance, salvage, towing, pilotage and unloading. The expenses incurred shall be borne by the responsible ships according to law.

The ships that should bear the expenses specified in the preceding Paragraph according to law shall pay the relevant expenses or provide the corresponding financial guarantee before sailing.

Where it is necessary to call upon pollution removal equipment and ships to participate in pollution removal, the relevant units and ships shall obey the unified command and coordination.

Article 42

The investigation and handling of ship pollution accidents and the compensation for damages shall be carried out in accordance with the relevant provisions of the State.

Article 43

The ships which, in accordance with the relevant provisions of the State, are required to obtain pollution liability insurance or obtain corresponding financial guarantees shall hold the corresponding supporting documents.

This Municipality encourages the ships other than those specified in the preceding Paragraph to apply for pollution liability insurance.

Chapter VII  Regional Cooperation in the Yangtze River Delta

Article 44

This Municipality shall strengthen communication and coordination with the relevant provinces in the Yangtze River Delta region in the prevention and control of ship pollution, negotiate and solve the major issues in the prevention and control of ship pollution, and promote the regional cooperation in the prevention and control of ship pollution.

The competent departments for prevention and control of ship pollution and the administrative departments for ecological environment, water affairs, greening and city appearance shall establish communication and coordination mechanisms with the relevant departments of the relevant provinces and cities in the Yangtze River Delta region to promote the joint prevention and control of ship pollution between the provinces.

Article 45

The competent departments for prevention and control of ship pollution and the other relevant departments shall strengthen consultation with the relevant departments of the relevant provinces and cities in the Yangtze River Delta region and share the following information:

1. ship pollution monitoring and warning information;

2. trans-regional receipt, transfer and handling information of ship pollutants;

3. ship pollution accident handling information;

4. ship pollution prevention credit information; and

5. the other information to be shared.

Article 46

The competent departments for prevention and control of ship pollution shall strengthen the joint service coordination of the prevention and control of ship pollution with the relevant departments of the relevant provinces and cities in the Yangtze River Delta region, and form integrated mechanisms in the areas of mutual assistance in administrative law enforcement, case transfer, and execution connection.

The competent departments for prevention and control of ship pollution shall promote the establishment of emergency cooperation mechanisms for the prevention and control of ship pollution with the relevant departments of the relevant provinces and cities in the Yangtze River Delta region, carry out regional joint exercises, and improve the abilities of cooperative rapid response and emergency response.

Article 47

The competent departments for prevention and control of ship pollution shall, in consultation with the relevant departments of the relevant provinces and cities in the Yangtze River Delta region, establish joint reward and punishment mechanisms for the prevention and control of ship pollution, and take measures of incentive to keeping faith and constraint on breach of trust according to law.

Chapter VIII  Legal Liability

Article 48

For the acts in violation of the provisions of these Regulations, where the laws and rules have already provided the provisions for handling such acts, such provisions shall prevail.

Article 49

Where the ships, in violation of the provisions of Paragraph 2 of Article 14 of these Regulations, set domestic garbage and other classified collection containers, which do not meet the relevant standards of this Municipality's environmental sanitation management, they shall be ordered to make corrections by the urban management and law enforcement departments, and be imposed a fine of not less than 300 yuan but not more than 3000 yuan.

Article 50

Whoever, in violation of the provisions of Paragraph 1 of Article 15 of these Regulations, failing to receive water pollutants from the berthing ships in accordance with the provisions shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 20000 yuan but not more than 100,000 yuan.

Whoever, in violation of the provisions of Paragraph 1 of Article 15 of these Regulations, failing to issue qualified acceptance documents to the ship owners, shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 2000 yuan but not more than 20000 yuan.

Where the port operators, in violation of the provisions of the Paragraph 3 of Article 15 of these Regulations, fail to check the receiving documents or fail to make records as required, they shall be ordered to make corrections by the traffic administrative departments, and be imposed a fine of not less than 2000 yuan but not more than 20000 yuan.

Article 51

Where the receiving and transferring units of ship pollutants, in violation of the provisions of Paragraph 2 of Article 16 of these Regulations, transfer the water pollutants from ships to units without corresponding qualifications for disposal, they shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 5000 yuan but not more than 50000 yuan.

Article 52

Whoever, in violation of the provisions of Paragraph 2 of Article 17 of these Regulations, discharging domestic sewage or oily sewage into the waters where the discharge is prohibited, shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 20000 yuan but not more than 50000 yuan. In case the circumstances are serious, they shall be imposed a fine of not less than 50000 yuan but not more than 200000 yuan.

Article 53

Where the relevant ships, in violation of the provisions of Article 18 of these Regulations, berth and operate in the main streams of the Yangtze River, the Huangpu River and the other inland navigable waters of this Municipality, they shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 3000 yuan but not more than 30000 yuan.

Article 54

Where the inland ships, in violation of the provisions of Paragraph 1 of Article 20 of these Regulations, fail to seal or block with blind plates the domestic sewage discharge pipelines and valves directly leading to the outboards, they shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 1000 yuan but not more than 10000 yuan.

Article 55

Whoever, in violation of the provisions of Paragraph 2 of Article 21 of these Regulations, failing to use the prescribed supervision and management information systems or failing to meet the requirements for filling in and submitting the multi-copy manifests, shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 2000 yuan but not more than 20000 yuan.

Article 56

Where the ships, in violation of the provisions of Paragraph 2 of Article 24 of these Regulations, use incinerators in the waters under management, they shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 3000 yuan but not more than 30000 yuan.

Article 57

Whoever, in violation of the provisions of Paragraph 1 of Article 28 of these Regulations, refusing to provide shore power to the ships equipped with power receiving facilities shall be ordered to make corrections by the traffic administrative departments, and be imposed a fine of not less than 20000 yuan but not more than 100000 yuan.

Article 58

Whoever, in violation of the provisions of Paragraph 2 of Article 34 of these Regulations, failing to take measures to recover toxic and harmful gases shall be ordered to make corrections by the competent department for prevention and control of ship pollution, and be imposed a fine of not less than 10000 yuan but not more than 100000 yuan. In case they refuse to make such corrections, they shall be ordered to stop work for rectification or suspend business for rectification.

Article 59

Whoever, in violation of the provisions of Paragraph 2 of Article 40 of these Regulations, using oil dispersants in this Municipality's inland navigable waters or marine nature reserves and the other special protected areas shall be ordered to make corrections by the competent departments for prevention and control of ship pollution, and be imposed a fine of not less than 10000 yuan but not more than 50000 yuan.

Article 60

Where the competent departments for prevention and control of ship pollution and the other relevant departments and their staff members, in violation of the provisions of these Regulations, abuse their powers, neglect their duties, or engage in malpractices for personal gain, their directly responsible persons in charge and the other directly responsible persons shall be given sanctions according to law. In case a crime is constituted, criminal responsibilities shall be investigated according to law.

Chapter IX  Supplementary Provisions

Article 61

The prevention and control of pollution from military ships, sports ships and fishing ships shall be carried out in accordance with the relevant provisions of the State.

Article 62

These Regulations shall be effective as of March 1, 2023.