| Article 1
These Regulations are established pursuant to Article 8,
paragraph 3 of the Fisheries Act.
Article 2
Any person who intends to export a fishing vessel flying the
flag of the Republic of China (hereinafter referred to as
“ROC fishing vessel”) shall fill in an application form (format
as shown in Appendix 1) and submit along with the following
documents, through the government of the municipality or county
(city) where the fishing vessel is registered, to the central
competent authority for permission and the export certificate,
and such export shall take place only after the issuance of the
export certificate.
(1) The original and a copy of the fishing license of the
fishing vessel, and the original of the fuel allocation
handbook.
(2) Two copies of the certificate of the nationality of the
fishing vessel or the fishing license of small craft.
(3) Two copies of the contract for the sale and purchase of the
vessel.
(4) The original and a copy of a document proving the
registration of the fishing vessel has been accepted by the new
flag State, which shall be certified or attested by a relevant
embassy, consulate, or representative office of the Republic of
China, or any other institution authorized by the Ministry of
Foreign Affairs of the the Republic of Chinat (thereinafter
referred to as ROC diplomatic missions).
(5) The original and a copy of a document issued by the
competent fisheries authority of the new flag State stating its
consent to take over responsibility for managing the fishing
vessel and to comply with the management measures adopted by
relevant regional fisheries management organizations, which
shall be certified or attested by the relevant ROC diplomatic
mission.
(6) For the application for the export of a tuna purse seiner,
the original of a document certified by the relevant regional
fisheries management organization or the new flag State proving
that another tuna purse seiner has been replaced in advance.
Such document shall contain the information on the nationality,
gross tonnage, regional registration number and other required
information.
In the event that a fish carrier vessel is exported to be used
as a cargo ship, the documents referred to in sub-paragraph (5)
of the preceding paragraph shall be exempted.
In case that tuna purse seine fishing vessels are to be exported
to a small island developing State (hereinafter referred to as
SIDS) in the western and central Pacific, and such SIDS meets
the following conditions, the submission of the document
referred to in sub-paragraph (6) of the first paragraph can be
exempted:
(1) Where skipjack tuna fishery resources are abundant;
(2) The Vessel Days Scheme (VDS) has been implemented within the
EEZ of such SIDS;
(3) Related commercial cooperation with the Republic of China is
in place with respect to the VDS within the EEZ of such SIDS;
and
(4) Such SIDS cooperates with the Republic of China to combat
illegal, unreported and unregulated (IUU) fishing activities.
Article 2-1
Any shipyard which intends to take an order for building fishing
vessel(s) to be exported shall submit the following documents to
the central competent authority for permission, and the central
competent authority will consult with the competent fisheries
authority of the country where the fishing vessel is planned to
be exported.
(1) A document proving that the country where the fishing
vessel(s) planned to be exported has approved the ship building,
which contains the following information:
i. Number of fishing vessel(s) to be built, the gross tonnage
and the length of each vessel.
ii. Fishery type of the fishing vessel(s).
iii. Intended operating area of the fishing vessel(s).
(2) A document describing the fisheries management system of the
country where the fishing vessel(s) planned to be exported,
including the information on its institutional framework, staff
allocation, budget, fisheries regulations, allocation of
fishing quota and control over fishing capacity.
(3) Composition of investment from the fishery operator and
relevant investors.
Article 3
Before building a fishing vessel intended for export, the
shipyard shall fill in an application form (format as shown in
Appendix 2) and submit along with the following documents to the
central competent authority for permission.
(1) Two copies of the technical drawings (including the
specification of hull, general layout, cross-sectional drawing
and line chart) and the building manual of the fishing vessel.
(2) A relevant document proving that a purchase order has been
placed by the buyer for building the fishing vessel.
A fishing vessel obtained a building permit pursuant to the
preceding paragraph shall be built as completion and its export
certificate shall be applied within two years after the
permission granted. In case of failing such completion within
the prescribed timeframe, a re-application shall be made,
enclosed with the original building permit and the documents as
stipulated in the preceding paragraph.
Article 4
Prior to the export of the fishing vessel built in accordance
with the provisions of the preceding Article, the shipyard shall
fill in an application form (format as shown in Appendix 3) and
submit along with the following documents to the central
competent authority for the export certificate. And such export
may take place only after the issuance of the export
certificate.
(1) Two photos of the fishing vessel from both starboard and
portside, and two photos of the fishing gear in part, in the
size of five (5) inches multiply seven (7) inches, together with
their digital files.
(2) The original and a copy of the document proving the
registration of the fishing vessel has been accepted by the flag
State or the certificate of nationality of the fishing vessel,
which shall be certified or attested by the relevant ROC
diplomatic mission.
(3) The original and a copy of the fishing license issued by the
flag State, which shall be certified or attested by the
relevant ROC diplomatic mission.
(4) A copy of the vessel building permit issued by the central
competent authority.
Article 5
Where any of the documents required to be submitted as referred
to in Article 2 to Article 4 is not written in Chinese or
English, a Chinese translation certified by a competent court or
notary public shall also be submitted with such documents.
Article 6
For the purpose of verifying the authenticity of the documents
submitted by the applicant, the competent authority may request
the relevant ROC diplomatic missions, countries or regional
fisheries management organizations for assistance in
verification.
Article 7
In the examination of any application referred to as in Article
4, the central competent authority may send or commission the
government of the municipality or county (city) to send
personnel to board and inspect the fishing vessel.
Article 8
In the event of any of the following conditions, the vessel
building permit shall be denied:
(1) Applying with any false document.
(2) The country where the fishing vessel is planned to be
exported refuses to consult with the Republic of China.
(3) After consultation, the information provided by the country
where the fishing vessel is planned to be exported is
inconsistent with the information submitted by the shipyard.
(4) The fishing vessel to be built for export may be in
contravention of the resolutions adopted by the relevant
regional fisheries management organization.
(5) The country where the fishing vessel is planned to be
exported fails to exercise control over fishing operations of
its fishing vessels, or does not have robust fisheries
regulations or management system in place.
(6) In the case that the operator of the fishing vessel to be
built for export is a national of the Republic of China , the
country where the fishing vessel is planned to be exported
refuses to commit to providing the operational data of the
vessel in the future.
(7) The country where the fishing vessel is planned to be
exported has been prohibited or restricted from importing
fishing vessels by resolutions adopted by the regional fisheries
management organizations.
(8) The country where the fishing vessel is planned to be
exported has violated the applicable international trade
agreements or the principles of fairness and reciprocity.
(9) The country where the fishing vessel is planned to be
exported is not a member or cooperating non-member of a regional
fisheries management organization.
(10) The tuna purse seiner or longline vessel to be built for
export has not replaced one of equivalent fishing capacity,
except that it is listed in the fleet development plan approved
by the relevant regional fisheries management organization or
the condition stipulated in Article 2, paragraph 3 is met.
(11) The tuna purse seiner or longline vessel to be built for
export is to replace one that has been lost for more than five
years.
Article 9
In the event of any of the following situations, the export
certificate shall be denied:
(1) Applying with any false document.
(2) Construction of the fishing vessel intended for export has
not conformed to the conditions as approved.
(3) The fishing vessel was built without permission after the
promulgation of these Regulations, or any incident that has not
followed the provisions as set forth in Article 11, paragraph 1.
(4) The export of the ROC fishing vessel is in contravention of
relevant resolutions for conservation and management adopted by
a regional fisheries management organization.
(5) The country that the ROC fishing vessel to be exported is
under sanctions imposed by a regional fisheries management
organization.
(6) The ROC fishing vessel to be exported, which has engaged in
full-time or part-time driftnet fishing, has not been dismantled
of its equipments for driftnet fishing.
After the issuance of the export certificate, in case that any
of the events as referred to in sub-paragraph (1), (2) or (6)
of the preceding paragraph is found, the central competent
authority may revoke or abolish the export certificate.
Article 10
The export certificate issued pursuant to these Regulations is
valid for thirty (30) days from the date of its issuance. In
case of failure to export the fishing vessel within the validity
period, re-application shall be made enclosed with the original
export certificate.
In the event that the export certificate is lost or damaged
prior to customs clearance, the application for voidance and
reissuance shall be made.
Article 11 (deleted)
Article 12
These Regulations shall enter into force on the date of
promulgation.
|