Article 1 

This Act is enacted to ensure the conservation of marine 

fisheries resources, strengthen distant water fisheries 

management, curb illegal, unreported, and unregulated 

(hereinafter referred to as IUU) fishing, and improve 

traceability of catches and fisheries products, so as to promote

the sustainable operation of distant water fisheries.

 

Article 2 

Matters related to distant water fisheries shall be governed by 

this Act. Matters not stipulated in this Act shall be governed 

by the Fisheries Act.

 

Article 3 

The competent authority of this Act shall be the Council of 

Agriculture, Executive Yuan.

 

Article 4 

Terms used in this Act shall be defined as follows: 

(1) “Fishing” means activities of searching for, attracting, or 

catching marine fisheries resources, transshipping/transporting, 

landing, storing , processing or packaging catches or fisheries 

products, or providing supply. 

(2) “Fishing vessel” means any vessel that conducts fishing. 

(3) “Distant water fisheries” means using any fishing vessel to 

conduct fishing in the high seas or in internal waters, 

territorial seas and the exclusive economic zones of other 

countries (hereinafter referred to as “waters under national 

jurisdictions of other countries”). 

(4) “Marine fisheries resources” means marine living resources 

that can be utilized in fisheries.

(5) “Distant water fisheries operator” means any person that 

operates distant water fisheries. 

(6) “Distant water fisheries employee” means any crew member of 

a fishing vessel and any other person that catches, lands or 

transships catches or fisheries products for any distant water 

fisheries operator. 

(7) “Industry related to distant water fisheries” means relevant 

industry that engages in the processing, transporting, storing, 

purchasing, selling, selling on assignment, or export trade. 

(8) “International fisheries organization” means any 

international fisheries management organization or regional or 

sub-regional fisheries management organization established in 

accordance with international conventions, treaties or 

agreements in which the Republic of China participates. 

(9) “Conservation and management measures” means Recommendations

or Resolutions that are adopted by international fisheries 

organizations and are in force and binding to conserve and 

manage marine fisheries resources. 

(10) “Transshipment at-sea” means transferring catches or 

fisheries products from a fishing vessel or a vessel to another 

fishing vessel or vessel in waters outside of port areas. 

(11) “Transshipment in-port” means transferring catches or 

fisheries products from a fishing vessel or a vessel to another 

fishing vessel or vessel in waters inside of port areas. 

(12) “Landing in-port” means landing catches or fisheries 

products in waters inside of port areas. 

(13) “Observer” means any person dispatched by the competent 

authority, international fisheries management organizations, or 

countries which the fisheries cooperation is engaged with to 

conduct observation, verification, data collection, sampling and 

other relevant missions on board any fishing vessel. 

(14) “Illegal fishing” means fishing activities: 

i. conducted by national or foreign fishing vessel in waters 

under the jurisdiction of a State without the permission of that 

State, or in contravention of its laws and regulations;

ii. conducted by any fishing vessel flying the flag of States 

that are parties to a relevant international fisheries 

organization, but operate in contravention of conservation and 

management measures adopted by that organization and by which 

the Stares are bound, or relevant provisions of the applicable 

international law; or 

iii. in violation of national laws or international obligations, 

including those undertaken by cooperating States to a relevant 

international fisheries organization. 

(15) “Unreported fishing” means fishing activities:

i. that have not been reported or have been misreported to the 

relevant national authority, in contravention of national laws 

and regulations; or 

ii. undertaken in the area of competence of a relevant 

international fisheries organization and that have not been 

reported or have been misreported in contravention of the 

reporting procedures of that organization. 

(16) “Unregulated fishing” means fishing activities:

i. in the area of application of a relevant international 

fisheries organization that are conducted by fishing vessels 

without nationality, or by those flying the flag of a State not 

party to that organization, or by a fishing entity, in a manner 

that is not consistent with or contravenes the conservation and

management measures of that organization; or 

ii. in areas or for fish stocks in relation to which there are 

no applicable international conservation and management measures 

and where such fishing activities are conducted in a manner 

inconsistent with State responsibilities for the conservation of 

living marine resources under international laws . 

(17) “Flag State” means the State whose flag a vessel flies or 

is entitled to fly. 

(18) “Exclusive Economic Zone” means the sea are contiguous to 

the outer limits of the territorial sea and to a distance 

measuring outwardly 200 nautical miles from the baseline of the 

territorial sea.

 

Article 5 

The competent authority shall, taking reference with 

international conventions, treaties, agreements and conservation 

and management measures, draw up and promulgate national plans 

of actions on the following matters with the pre-cautionary 

principle, ecosystem based approach and the best available 

scientific advice: 

(1) Conservation, management, utilization and maintenance of 

maximum sustainable yield (MSY) of marine fisheries resources. 

(2) Measures in response to the change of marine fisheries 

resources and marine ecosystem. 

(3) Goals for sustainable operation, development strategies and 

implementing steps for distant water fisheries. 

(4) Measures to balance the fishing capacity and the marine 

fisheries resources. 

(5) Measures to guide, assist and subsidize the distant water 

fisheries operators, distant water fisheries employees and the 

industry related to distant water fisheries in response to the 

structure adjustment of the distant water fisheries.

(6) Establishment of a system of supervision and management of 

distant water fisheries and training of human resources.

(7) Training of human resources for the distant water fisheries 

and development of relevant technologies and equipment. 

(8) Cooperation with other countries and international fisheries 

organizations. 

(9) Prevention, deterrence and elimination of IUU fishing. 

(10) Other matters necessary for effective control and 

management of distant water fisheries.

 

Chapter II: Distant Water Fisheries Permit and Management

Article 6 

Any person with the nationality of the Republic of China who 

intends to engage in distant water fisheries shall obtain the 

fishing license pursuant to the Fisheries Act and apply to the 

competent authority for the issuance of distant water fisheries

permit. 

 

Regulations on the qualifications for application, terms and 

conditions, required documents, application procedure, period, 

the total allowable numbers, tonnages or fish hold capacities of 

fishing vessels, the total allowable catches, conditions for 

revocation, and other requirements of the distant water 

fisheries permit referred to in preceding paragraph shall be 

prescribed by the competent authority.

 

Article 7 

In case that any applicant referred to in Article 6, paragraph 1 

has any of the following circumstances, the issuance of the 

distant water fisheries permit shall be denied: 

(1) A person is declared incompetent or limited capacity;

(2) A person is subject to the order of the commencement of

guardianship or assistance, and such order is not yet revoked; 

(3) A person is declared bankrupt and having not yet resume 

his/her rights; 

(4) A person is sentenced imprisonment for violating this Act, 

the Fisheries Act or the Act to Govern Investment in the 

Operation of Foreign Flag Fishing Vessels and such sentence is 

not yet executed, not executed completely, or is on probation 

whose period is not yet expired, or 2 years have not passed 

since such sentence is executed completely, on probation which 

is expired, or pardoned; 

(5) A person is sentenced to a short-term imprisonment or 

criminal fine for violating this Act, the Fisheries Act or the 

Act to Govern Investment in the Operation of Foreign Flag 

Fishing Vessels and such sentence is not yet executed, not 

executed completely or 2 years have not passed since such 

sentence is executed completely; 

(6) A person whose fishing vessel is sentenced to revocation or 

withdrawal of fishing license pursuant to this Act or the 

Fisheries Act and 2 years have not passed since such sentence is 

executed completely; 

(7) The fishing vessel that applies for the distant water 

fisheries permit is sentenced to a fine pursuant to this Act, 

the Fisheries Act or the Act to Govern Investment in the 

Operation of Foreign Flag Fishing Vessels and such fine is not 

paid completely; 

(8) The fishing vessel that applies for the distant water 

fisheries permit is sentenced to suspension of its fishing 

license pursuant to this Act or the Fisheries Act, and such 

sentence is not executed completely.

 

Article 8 

In any of the following circumstances, the competent authority 

shall deny the issuance of the distant water fisheries permit. 

For the distant water fisheries permit that has been issued, the 

competent authority shall adjust, limit, or revoke: 

(1) The restriction placed by conservation and management 

measures is changed;

(2) In responses to the conclusion as a result of consultation 

between the Republic of China and other countries or 

international fisheries organizations; 

(3) The fishing vessel is subject to a voluntary or interim 

conservation and management measure adopted by an international 

fisheries organization under establishment; 

(4) The country with which the fishing vessel engages in 

fisheries cooperation is incapable of controlling and managing 

foreign fishing vessels fishing in the waters under its national 

jurisdiction.

(5) The country with which the fishing vessel engages in 

fisheries cooperation is listed on the IUU fishing 

non-cooperating countries list or is subject to a letter of 

identification for more than 2 years by other countries, 

international fisheries organizations, or other economic 

integrated organizations;

(6) Where it’s necessary for the management of marine fisheries 

resources.

 

Article 9 

Any fishing vessel of distant water fisheries shall be installed 

with vessel monitoring system (hereinafter referred to as VMS) 

and electronic logbook system (hereinafter referred to as 

E-logbook) before leaving ports. 

 

Regulations on the management and guidance of the VMS and 

E-logbook referred to in the preceding paragraph, the electronic 

navigational chart and monitoring center shall be prescribed by 

the competent authority.

 

Article 10 

Any fishing vessel of distant water fisheries shall comply with 

conservation and management measures and international standards 

for fishing on the high seas.

 

The competent authority shall prescribe regulations on the 

following matters with respect to the conservation and 

management measures and international standards for fishing on 

the high seas referred to in the preceding paragraph:

(1) Fishing areas and periods; and prohibited fishing areas and 

periods;

(2) Fishing gears, methods, and mitigation measures for bycatch; 

(3) Restriction(s) or prohibition(s) on catch species; 

(4) Limit on or quota of catch quantities;

(5) Filling in and submission of logbooks and catch reports; 

(6) Marking of fishing vessels and fishing gears, and reporting 

of vessels positions; 

(7) Disposal of catches; 

(8) Designation and management of ports for landing or 

transshipping;

(9) Observation or inspection of fishing vessels operation; 

(10) Issuance of catch certificate documents; 

(11) Open and transparent management of data related to fishing 

vessels and fishing; and 

(12) Other matters concerning management of fishing vessels 

operation.

 

Regulations on the matters referred to in the preceding 

subparagraphs shall be periodically reviewed in accordance with 

the needs of distant water fisheries operation.

 

Article 11 

Any fishing vessel of distant water fisheries shall not conduct 

transshipment in-port or at-sea or landing in-port without 

authorization of the competent authority. 

 

The competent authority may dispatch personnel or commission 

professional institution(s) to conduct on-site inspection on the 

operations referred to in the preceding paragraph which shall 

not be refused, evaded, or obstructed.

 

Regulations on the qualifications for application, terms and 

conditions, required documents, application procedures, matters 

to be reported and the reporting procedure of transshipment 

at-sea or in-port or landing in-port, inspection, conditions for 

revocation and other requirements of the authorization referred 

to in paragraph 1 shall be prescribed by the competent authority.

 

Article 12 

Any fishing vessel shall not enter into waters under national 

jurisdictions of other countries for fishing. Notwithstanding 

this provision, for any fishing vessel that has obtained 

authorization from other countries and has been approved by the 

competent authority of the Republic of China to engage in 

fisheries cooperation may fish in the exclusive economic zones 

of other countries. 

 

Distant water fisheries operators and distant water fisheries 

employees of any fishing vessel referred to in the preceding 

paragraph shall comply with the terms and conditions for 

approval of the competent authority and relevant regulations of 

the country that the fisheries cooperation is engaged with, and 

shall not evade, obstruct or deny the inspection conducted by 

the country that the fisheries cooperation is engaged with. 

 

Regulations on the qualifications for application, terms and 

conditions, required documents, application procedures, validity 

of approval, conditions for revocation of approval, items of 

fisheries activities, manners of cooperation, and other 

requirements of the approval referred to in paragraph 1 shall 

be prescribed by the competent authority.

 

Article 13 

Any person with the nationality of the Republic of China shall 

not conduct any of the following serious infringements:

(1) Conducting distant water fisheries without the fishing

license or the distant water fisheries permit referred to in 

Article 6, paragraph 1, or conducting distant water fisheries 

during the period of the execution of suspension of the fishing 

license;

(2) Leaving ports without installing VMS or E-logbook system 

onboard fishing vessels, in violation of Article 9, paragraph 1;  

(3) Conducting transshipment at-sea, in-port or landing in-port 

without the authorization of the competent authority, in 

violation of Article 11, paragraph 1;

(4) Engaging in fisheries cooperation without the approval of 

the competent authority in violation of Article 12, paragraph 1, 

and fishing in waters under national jurisdictions of other 

countries;

(5) Falsifying, altering or concealing Chinese/English vessel 

name, names of registry port, CT numbers, or international radio 

call sign; 

(6) Intentionally causing the VMS to misreport vessels positions 

or rendering VMS non-functional when fishing;

(7) Continuing catching species with catch limit when the total 

catch of such species of the fishing vessel has exceeded 20 

percent of the quota allowed by the competent authority pursuant 

to the regulations prescribed in accordance with subparagraph 

(4) of Article 10, paragraph 2;

(8)  Fishing in prohibited fishing areas or periods; 

(9) Using fishing gears prohibited by the competent authority;

(10) Engaging in fishing activities that are not authorized by 

the competent authority;

(11) Fishing for, retaining, transshipping, landing or selling 

prohibited species; 

(12) Not submitting or filling in logbooks or catch reports, in

violation of the regulations prescribed in accordance with 

Article 10, paragraph 2, or seriously misreporting logbooks or

catch reports;

(13) Refusing, evading, or obstructing any observer dispatched 

by the competent authority, the international fisheries 

organization or the country that the fisheries cooperation in 

engaged with for carrying out his/her observing duties;

(14) Refusing, evading, or obstructing any inspection referred 

to in Article 11, paragraph 2; Article 12, paragraph 2; Article 

16; Article 17, paragraph 1; or Article 25, paragraph 1; or any 

audit conducted pursuant to the regulations prescribed in 

accordance with Article 25, paragraph 4;

(15) Falsifying, altering, destroying or concealing evidence 

related to violation of this Act;

(16) Providing catch certificate documents of a fishing vessel 

for the use of catches of other fishing vessel(s), or using 

catch certificate documents of other fishing vessel(s) for 

selling catches caught by itself; 

(17) Falsification or alteration of catch certificate documents, 

using catch certificate documents not issued to the catch 

concerned, or intentionally using catch certificate documents 

that are falsified or altered to sell catches or fisheries 

products;

(18) Participating in joint fishing with, transshipping with or 

supplying any fishing vessel listed on the IUU fishing vessel 

lists of the international fisheries organizations or stateless 

vessel;

(19) Trading (purchasing, selling, marketing, etc.) or 

processing catches or fisheries products with the knowledge that 

such catches or fisheries products originate from any of the 

following circumstances:

i. Any circumstances as stipulated in subparagraph (1) to the 

preceding subparagraph of this Article; or

ii. Catches are caught by any fishing vessel listed in the IUU 

fishing vessel lists of the international fisheries 

organizations. 

 

The prohibited fishing periods and areas referred to in 

subparagraph (8), the prohibited fishing gears referred to in 

subparagraph (9), the prohibited species referred to in 

subparagraph (11) and the IUU fishing vessel lists referred to 

in subparagraph (18) and item ii of subparagraph (19) of the 

preceding paragraph shall be promulgated by the competent 

authority.

 

Article 14  

In addition to the serious infringements stipulated in Article 

13, paragraph 1, any person with the nationality of the Republic 

of China shall not engage in or support IUU fishing, either. 

 

In the event that a person with the nationality of the Republic 

of China hired on board any foreign flagged fishing vessel is 

suspected to be involved in IUU fishing referred to in the 

preceding paragraph, the competent authority shall, without 

prejudice to the sovereignty of the flag State, take 

appropriate measures to prevent IUU fishing. 

 

The competent authority shall cooperate with international 

fisheries organizations or other countries to prevent and deter 

any person with the nationality of the Republic of China from 

engaging in or supporting IUU fishing.

 

Article 15 

For the fisheries management or for the submission of relevant

data of individual fishing vessel to relevant international 

fisheries organizations, the competent authority may request the 

distant water fisheries operators, distant water fisheries 

employees or data holders to provide information on catch 

quantities, fishing area(s), fishing period(s), fishing gear(s), 

fishing method(s), vessel positions, operational level data, 

transshipment, landing, selling and other relevant information. 

Distant water fisheries operators, distant water fisheries 

employees or data holders shall not refuse such request.

 

Article 16 

The competent authority or the Coast Guard Administration may, 

pursuant to their mandates, dispatch personnel to inspect 

fishing vessel(s), catches and fisheries products, fishing 

gear(s), account books and other objects, as well as to 

question distant water fisheries operators, distant water 

fisheries employees or data holders who shall not refuse, evade 

or obstruct such request.

 

Article 17 

Any fishing vessel fishing on the high seas shall accept the 

boarding and inspection conducted by the inspectors designated 

by the countries that conduct reciprocal high seas boarding and 

inspection with the Republic of China or inspectors from 

vessels designated by international fisheries organizations, 

and distant water fisheries operators and employees shall not 

evade, obstruct, or refuse. 

 

The international fisheries organizations or countries that 

conduct reciprocal high seas boarding and inspection with the 

Republic of China and the names and registration number of the

designated vessels referred to in the preceding paragraph shall 

be promulgated by the competent authority.

 

Article 18 

In the event that sufficient and concrete evidence indicates a 

fishing vessel being involved in any serious infringement as 

stipulated in Article 13, paragraph 1, the competent authority 

shall order such fishing vessel to stop fishing and navigate to 

the designated port within the required timeframe for further 

inspection. 

 

The expense incurred from fishing vessel navigating, entry into 

port, inspection and other activities referred to in the 

preceding paragraph shall be borne by the distant water 

fisheries operator concerned.

 

Article 19 

The competent authority shall immediately conduct inspection 

upon the fishing vessel entering into the designated port in 

accordance with paragraph 1 of the preceding Article, and shall 

complete the investigation within 30 days upon such vessel 

entering into the port. If necessary, the period for the 

investigation may be extended for once and shall be limited to 

30 days. 

 

The fishing vessel concerned shall not leave the designated port

before the competent authority completes the investigation 

pursuant to the preceding paragraph.

 

Article 20 

In case of any of the following circumstances, the fishing vessel 

shall not leave the port:

(1) The fishing vessel whose fishing license is revoked;

(2) The fishing vessel whose fishing license is suspended and is 

still during the period of punishment.

 

In case that any fishing vessel has left the port before the 

suspension or revocation of the fishing license is imposed upon 

it by the competent authority pursuant to Article 35, paragraph

3; Article 36, paragraph 1 and 3; Article 40, paragraph 2; 

Article 41, paragraph 1 and 2; or Article 42, paragraph 3, the 

competent authority shall order such fishing vessel to navigate 

to the designated port within the required timeframe.

 

Article 21 

For any fishing vessel that leaves the port against the 

provisions stipulated in Article 9, paragraph 1; Article 19, 

paragraph 2; and Article 20, paragraph 1, the competent 

authority may commission the Coast Guard Administration to take 

appropriate measures to stop such fishing vessel from leaving 

the port. In case that such fishing vessel resists, the Coast 

Guard Administration may take compulsory measures. For such 

fishing vessel that has left the port, the competent authority 

shall order such fishing vessel to navigate to the designated 

port within required timeframe.

 

Article 22 

Any foreign flagged fishing vessel that intends to enter into 

ports of the Republic of China shall obtain permission from the 

competent authority, in addition to complying with regulations 

of shipping administration, customs, sanitary, immigration, 

inspection, quarantine and coast guard. In case of force majeure 

or in distress, the port entry of such fishing vessel may be 

granted after notification.

 

In any of the following circumstances, fishing vessels referred 

to in the preceding paragraph shall be denied from port entry: 

(1) The fishing vessel is listed on the IUU vessel list of other 

countries, international fisheries organizations, or other 

regional economic integrated organizations; 

(2) The flag State of the fishing vessel is identified as IUU 

fishing non-cooperating country or is subject to a letter of 

identification for more than 2 years by other countries , 

international fisheries organizations, or other regional 

economic integrated organizations;

(3)  The fishing vessel is involved in IUU fishing;

(4) Where there’s written request from the flag State to 

prohibit such fishing vessel from entering into port;

(5) Where such fishing vessel is stateless.

 

Regulations on the qualifications for application, terms and 

conditions, required documents, procedures for application, 

conditions on revocation, advance notification of landing, area 

and time for landing, management and other requirements of the

permission referred to in paragraph 1 shall be prescribed by the 

competent authority.

 

Article 23 

The competent authority may dispatch personnel to the fishing 

vessels referred to in the preceding Article, relevant offices, 

storages, or other sites to inspect the catches or fisheries

products, account books and other objects, as well as to question

any relevant party who shall not refuse, evade or obstruct. If 

necessary, such inspection may be conducted by the competent 

authority together with personnel from the coast guard 

authorities or police authorities. The course of the preceding

inspection shall be recorded and filed for reference.

 

In case that there’s sufficient evidence indicating that the 

fishing vessel has conducted or supported IUU fishing after the 

inspection as referred to in the preceding paragraph, the 

competent authority shall deny such fishing vessel from 

unloading, transshipment, packaging, processing of catches, 

refueling, supplying, maintenance or using other port services,

and prohibit such fishing vessel from leaving the port. 

Notwithstanding this provision, the activities of supplying the 

crew members for maintenance of basic living needs shall be 

exempted. 

 

When carrying out the inspection, the officer referred to in 

paragraph 1 shall produce his/her identification and the 

authorization specifying the scope of inspection. In case that 

the officer fails to do so, the person to be inspected may
refuse such inspection. 

 

Information related to the inspection result referred to in 

paragraph 2 shall be notified to the flag State of the fishing 

vessel concerned, relevant countries and the international 

fisheries organizations by the competent authority.

 

In case that the competent authority has notified pursuant to 

the preceding paragraph and does not receive within 60 days the 

written request from the flag State, relevant countries or 

international fisheries organizations as referred to in the 

preceding paragraph, or agreement is not reached after bilateral 

consultation, it may order such fishing vessel to leave the port 

within required timeframe.

 

Article 24 

In case that any distant water fisheries operator meets one of 

the following conditions, the competent authority shall 

categorize his/her fishing vessels as high risk fishing vessels,

and shall implement special management measures: 

(1) Any serious infringement stipulated in Article 13, paragraph

1,is conducted by the distant water fisheries operator. 

(2) Fines accumulated for over 2 million New Taiwan Dollars 

within 3 years have been imposed upon the distant water
fisheries operator for violating this Act. 

(3) The accumulated period of suspension of the fishing license 

is for more than 3 months for violating this Act, and 3 years 

have not passed since such punishment is executed completely.

 

Regulations on the limit on fisheries cooperation, dispatch of 

observer, reporting frequency of vessel positions, catch 

reporting, landing inspection, transshipment limitation, periods 

of special management, and other requirements provided in the 

special management measures referred to in the preceding 

paragraph shall be prescribed by the competent authority. 

 

In case that the distant water fisheries operator of any high 

risk fishing vessel referred to in paragraph 1 is changed, the 

competent authority shall still implement the special management

measures in accordance with the regulations referred to in the 

preceding paragraph on such fishing vessel.

 

Article 25 

The competent authority may dispatch personnel to the vessels, 

offices, storages or other relevant sites of the industry 

related to distant water fisheries to inspect the catches or 

fisheries products, account books and other objects, as well as 

to question any relevant party who shall not refuse, evade or 

obstruct. If necessary, such inspection may be conducted by the 

competent authority together with personnel from the coast 

guard authority or police authorities. The course of the 

preceding inspection shall be recorded and filed for reference.

 

When carrying out the inspection, the officer referred to in the 

preceding paragraph shall produce his/her identification and the 

authorization specifying the scope of inspection. In case that 

the officer fails to do so, the person to be inspected may 

refuse such inspection. 

 

Industry related to distant water fisheries that intends to 

conduct export trade of catches or fisheries products of distant 

water fisheries shall establish the code of conduct and 

operating procedures for purchase and sales of catches or 

fisheries products and submit to the competent authority for 

prior approval. 

 

Regulations on the qualification of applicants referred to in the 

preceding paragraph, species of catches or fisheries products, 

required documents, conditions for approval and revocation, 

declaration, write-off of sales and audit of purchasing and 

selling, and other requirements shall be prescribed by the 

competent authority.

 

The application of issuance of catch certificate documents shall 

only be conducted by industry related to distant water fisheries 

that has obtained approval to conduct export trade of catches or 

fisheries products of distant water fisheries from the competent 

authority pursuant to paragraph 3. 

 

Regulations on the application procedure, terms and conditions, 

required documents, write-off of sales and other requirements 

shall be prescribed by the competent authority.

 

Article 26 

Any distant water fisheries operator intending to hire abroad 

any foreign crew member shall obtain permission from the 

competent authority. Such hiring shall be done by the distant

water fisheries operator itself or through domestic 

intermediaries or agents (hereinafter referred to as the 

agents). 

 

The agents referred to in the preceding paragraph shall be 

authorized by the competent authority and shall deposit a 

certain amount of guarantee bond.

 

Regulations on the qualification of the foreign crew member, 

conditions for permission, required documents, rights and 

interests of the distant water fisheries operator and the 

foreign crew member, contents of contracts, conditions for 

authorization of the agents, period, management, conditions for 

revocation, rights and interests of the agents and the foreign 

crew members, contents of contracts, management 

responsibilities, the certain amount, submission and refund of 

the security, and other requirements as referred to in the 

preceding two paragraphs shall be prescribed by the competent 

authority.

 

Article 27 

To strengthen the management of distant water fisheries and to 

promote the cooperation with other countries or international 

fisheries organizations, the competent authority shall assign 

and dispatch staff stationed abroad responsible for fisheries.

 

Article 28 

The competent authority shall establish an integrated 

comprehensive information system on distant water fisheries to 

strengthen the management of the distant water fisheries.

 

Article 29

The competent authority may commission professional 

institution(s) to conduct the following matters: 

(1) Providing advice and guidance to the distant water 

fisheries;

(2) Monitoring and management of vessel position; 

(3) Development and management of E-logbook reporting software; 

(4) Collection, statistics, analysis and utilization of catch 

data; 

(5) Transshipment in-port or landing in-port inspection; 

(6) Dispatch of observers; 

(7) Assisting fisheries associations to implement fisheries 

management policy and measures prescribed by the competent 

authority. 

 

Chapter III The Development and Guidance on Distant Water 

Fisheries

 

Article 30

The competent authority shall draw up and implement the distant 

water fisheries development plan.

 

The drawing up of the plan referred to in the preceding
paragraph shall be taken into account the fisheries production,
livelihood of fishermen, and marine ecology so as to develop
the system of sustainable operation of Taiwan distant water
fisheries.

 

Article 31 

For any distant water fisheries operator who intends to conduct 

exploratory fishing to develop new fishing gear(s), fishing 

method(s) or fishing ground(s), such operator shall submit an 

exploratory fishing plan and apply to the competent authority 

for permission. 

 

The competent authority may request the distant water fisheries 

operator referred to in the preceding paragraph to conduct the 

exploratory fishing with the designated research institute. 

 

Regulations on the qualification of the operator, terms and 

conditions, contents of the plan on exploratory fishing, 

conditions for permission, period, conditions for revocation, 

management referred to in paragraph 1 and other requirements 

shall be prescribed by the competent authority.

 

Article 32

The competent authority may assist private sectors to conduct 

the following matters: 

(1) Negotiations related to distant water fisheries or 

conclusion of agreement(s) with other countries, international 

fisheries organizations, or foreign organizations or institutes 

related to fisheries; 

(2) Exchange of international information, technology and human 

resource related to distant water fisheries; 

(3) Standardization of international technology, joint 

researches and cooperation on technology related to distant

water fisheries; 

(4) Holding international academic meetings or exhibitions 

related to distant water fisheries; 

(5) Researches on overseas markets for fisheries products, or 

the dissemination of information related to distant water 

fisheries; 

(6) Training of native or foreign crew members, officers or

observers;

(7) Other international cooperation matters related to the 

distant water fisheries.

 

Article 33 

To encourage distant water fisheries operators to introduce and

implement new technology and new technique related to 

conserving marine ecosystem environment or sustainable operation 

of distant water fisheries, the competent authority may give 

appropriate finical aid depending on the finical situations of 

the government.

 

Article 34 

To promote the development of researches on science and 

technology related to distant water fisheries, the competent 

authority may conduct the following matters: 

(1) International cooperation on researches and assessment on

marine fisheries resources; 

(2) Exploitation of new fishing grounds; 

(3) Researches on marine fisheries biodiversity.

(4) Researches and evaluation on sustainable operation of 

distant water fisheries.

 

Chapter IV Penal Provisions

 

Article 35 

Any offender who commits any of the following violations shall 

be subject to imprisonment of 3 years and under, or in lieu

thereof or in addition thereto a criminal fine of 6 million to 

30 million New Taiwan Dollars: 

(1) Not navigating to the designated port within the required 

timeframe set by the competent pursuant to Article 18, paragraph

1 or Article 20, paragraph 2; or

(2) Navigating the fishing vessel out of the port in violation 

of Article 21, and not navigating to the designated port within 

the timeframe designated by the competent authority. 

 

In case that the representative of the legal person, or agent of 

the legal or natural person, or person hired by the legal or 

natural person, or other persons involved related to the legal 

or natural person commit the violations stipulated in the 

preceding paragraph for performing duties, in addition to 

punishing the offender(s), a fine as referred to in the 

preceding paragraph shall also be imposed upon the legal or 

natural person concerned. 

 

In case that distant water fisheries operators or distant water 

fisheries employees commit, for the first time, any of the 

violations stipulated in paragraph 1, the competent authority 

may suspend fishing licenses of the distant water fisheries

operators for 2 years and under, or revoke fishing licenses. 

In case that the distant water fisheries operators whose fishing 

licenses have been suspended for violating the provisions 

stipulated in paragraph 1 commits, for the second time, any of 

the violations stipulated in paragraph 1, the fishing licenses 

shall be revoked. 

 

The competent authority may impose on any distant water 

fisheries employee that commits, for the first time, any of the 

violations stipulated in paragraph 1 the suspension of the 

Fishing Vessel Crew Identification and the Certificate of
Fishing Vessel Officers for 2 years and under or revocation. In
case that the distant water fisheries employee whose Fishing
Vessel Crew Identification and the Certificate of Fishing Vessel 

Officers have been suspended for violating the provisions 

stipulated in paragraph 1 commits, for the second time, any of 

the violations stipulated in paragraph 1, the Fishing Vessel 

Crew Identification and the Certificate of Fishing Vessel 

Officers shall be revoked. 

 

Article 36 

In case that any distant water fisheries operator or distant 

water fisheries employee commits any of the serious 

infringements stipulated in Article 13, paragraph 1, a fine 

shall be imposed upon the distant water fisheries operator 

concerned in accordance with the following provisions, and the 

fishing license may be suspended for 2 years and under or be 

revoked: 

(1) For fishing vessel 500 Gross Tonnage (GT) and above: a fine 

between 6 million and 30 million New Taiwan Dollars. 

(2) For fishing vessel 100 GT and above, and less than 500 GT: a 

fine between 4 million and 20 million New Taiwan Dollars. 

(3) For fishing vessel 50 GT and above, and less than 100 GT: a 

fine between 2 million and 10 million New Taiwan Dollars.

(4) For fishing vessel less than 50 GT: a fine between 1 million 

and 5 million New Taiwan Dollars.

 

In case that the value of catches or fisheries products 

concerned exceeds the fine imposed pursuant to the provisions 

stipulated in the preceding paragraph, the amount of the fine 

for up to 5 times of the value of such catches or fisheries 

products shall be imposed.

 

In case that any distant water fisheries operator or distant 

water fisheries employee commits the same provision of serious 

infringement as stipulated in Article 13, paragraph 1, for 2 

times within 3 years, or different serious infringements as 

stipulated in Article 13, paragraph 1 for 3 times within 3 

years, a fine shall be imposed upon the distant water fisheries 

operator concerned in accordance with the following provisions 

and the fishing license shall be suspended between 2 and 3 years

 or be revoked: 

(1) For fishing vessel 500 GT and above: a fine between 9 

million and 45 million New Taiwan Dollars. 

(2) For fishing vessel 100 GT and above, and less than 500 GT: a 

fine between 6 million and 30 million New Taiwan Dollars. 

(3) For fishing vessel 50 GT and above, and less than 100 GT: a 

fine between 3 million and 15 million New Taiwan Dollars.

(4) For fishing vessel less than 50 GT: a fine between 1.5 

million and 7.5 million New Taiwan Dollars.

 

In case that the value of catches or fisheries products 

concerned exceeds the fine imposed pursuant to the provisions 

stipulated in the preceding paragraph, the amount of the fine 

for up to 8 times of the value of such catches or fisheries 

products shall be imposed. 

 

In case that any distant water fisheries employee who commits 

any of the serious infringements as stipulated in Article 13, 

paragraph 1, a fine shall be imposed upon the distant water 

fisheries employee concerned in accordance with the following 

provisions, and the Fishing Vessel Crew Identifications and the 

Certificate of Fishing Vessel Officers may be suspended for 2 

years and under or be revoked: 

(1) For fishing vessel 500 GT and above: a fine between 1.2 

million and 6 million New Taiwan Dollars. 

(2) For fishing vessel 100 GT and above, and less than 500 GT: a 

fine between 800 thousand and 4 million New Taiwan Dollars. 

(3) For fishing vessel 50 GT and above, and less than 100 GT: a 

fine between 400 thousand and 2 million New Taiwan Dollars.

(4) For fishing vessel less than 50 GT: a fine between 200 

thousand and 1 million New Taiwan Dollars.

 

In case that any distant water fisheries employee commits the 

same provision of serious infringement as stipulated in Article 

13, paragraph 1, for 2 times within 3 years, or different 

serious infringements as stipulated in Article 13, paragraph 1 

for 3 times within 3 years, a fine shall be imposed upon the 

distant water fisheries employee concerned in accordance with 

the following provisions and the Fishing Vessel Crew 

Identifications and the Certificate of Fishing Vessel Officers 

shall be revoked: 

(1) For fishing vessel 500 GT and above: a fine between 1.8 

million and 9 million New Taiwan Dollars. 

(2) For fishing vessel 100 GT and above, and less than 500 GT: a 

fine between1.2 million and 6 million New Taiwan Dollars. 

(3) For fishing vessel 50 GT and above, and less than 100 GT: a 

fine between 600 thousand and 3 million New Taiwan Dollars.

(4) For fishing vessel less than 50 GT: a fine between 300 

thousand and 1.5 million New Taiwan Dollars.

 

The value of catches or fisheries products as referred to in 

paragraph 2 and 4 shall be calculated based on the average 

prices of such catches or fisheries products in domestic fish 

market in the preceding 3 years.

 

Article 37 

In case that any foreign flagged fishing vessel conducts any of 

the following activities, the offender shall be subject to a 

fine between 6 million and 30 million New Taiwan Dollars: 

(1) Violating Article 22, paragraph 1, for entering into ports 

of the Republic of China without the permission from the 

competent authority. 

(2) Evading, obstructing or refusing any inspection conducted by 

the competent authority pursuant to Article 23, paragraph 1, or 

refusing to answer to the investigator’s queries, or making 

false statement. 

 

In case that any foreign flagged fishing vessel commits the same 

provision of violation referred to in the preceding paragraph 

for 2 times within 3 years, or different violations referred to 

in the preceding paragraph for 3 times within 3 years, a fine 

between 9 million and 45 million New Taiwan Dollars shall be 

imposed upon the offender. 

 

In case that any foreign flagged fishing vessel violates 

regulations prescribed pursuant to Article 22, paragraph 3 

concerning the advance notification of landing, area and time 

for landing, management and other requirements, a fine between 

500 thousand to 2.5 million New Taiwan Dollars shall be imposed 

upon the offender. 

 

In case that the fine imposed pursuant to the preceding three 

paragraphs is not paid within timeframe, the competent authority 

may prohibit the fishing vessel from leaving the port. 

Notwithstanding this provision, in case that equivalent 

collateral has been provided, prohibition of leaving ports may 

be exempted.

 

In case that the vessel is found out as a stateless vessel after 

the inspection conducted by the competent authority pursuant to 

Article 23, paragraph1, such vessel and its catches and
fisheries products shall be confiscated and the catches and
fisheries products shall be destroyed.

 

Article 38

Industry related to distant water fisheries that commits any of 

the following violations shall be subject to a fine between 6 

million and 30 million New Taiwan Dollars:

(1) Conducting export trade of catches or fisheries products of 

distant water fisheries without prior approval, in violation of 

Article 25, paragraph 3;

(2) Conducting any serious infringement stipulated in 

subparagraph (11), (14), (15), (17) to (19) of Article 13, 

paragraph 1.

 

Industry related to distant water fisheries that engages in 

export trade of catches or fisheries products of distant water 

fisheries violates the regulations on declaration and write-off 

of sales of catches or fisheries products prescribed pursuant to 

Article 25, paragraph 4 shall be subject to a fine between 2 

million and 10 million New Taiwan Dollars.

 

In case that industry related to distant water fisheries 

violates any provision stipulated in subparagraph (2) of 

paragraph 1 or in the preceding paragraph, the competent 

authority shall suspend its qualification of export of catches 

and fisheries products of distant water fisheries for 2 years 

and under, or revoke the qualification.  

 

In case that the value of catches or fisheries products 

concerned exceeds the fine imposed pursuant to paragraph 1 or 2, 

the amount of the fine for up to 5 times of such catches or 

fisheries products shall be imposed.

 

In case that industry related to distant water fisheries commits 

the same violation stipulated in subparagraph (1) of paragraph 

1, or the same provision of serious infringement stipulated in 

subparagraph (2) of paragraph 1, for 2 times within 3 years, or 

commits any violation stipulated in paragraph 1 for 3 times 

within 3 years, a fine between 9 million and 45 million New 

Taiwan Dollars shall be imposed, and the qualification of 

exporting catches and fisheries products of distant water 

fisheries shall be suspended between 2 and 3 years, or be 

revoked. 

 

In case that the value of catches or fisheries products 

concerned exceeds the fine imposed pursuant to the preceding 

paragraph, the amount of the fine for up to 8 times of the 

value of such catches or fisheries products shall be imposed.

 

The value of catches or fisheries products as referred to in 

paragraph 4 and 6 shall be calculated based on the average 

prices of such catches or fisheries products in domestic fish 

market in the preceding 3 years.

 

Article 39  

Any person with the nationality of the Republic of China, except

 for distant water fisheries operators, distant water fisheries 

employees or industry related to distant water fisheries, that 

commits any of the serious infringements stipulated in Article 

13, paragraph 1 shall be subject to a fine between 3 million and

 15 million New Taiwan Dollars. Any person with the nationality 

of the Republic of China, except for distant water fisheries 

operators, distant water fisheries employees or industry related

 to distant water fisheries, that violates Article 14, paragraph 

1 shall be subject to a fine between 2 million and 10 million 

New Taiwan Dollars.

 

Any person with the nationality of the Republic of China, except 

for distant water fisheries operators, distant water fisheries 

employees or industry related to distant water fisheries, that 

commits the same provision of the serious infringement as 

stipulated in Article 13, paragraph 1 for 2 times within 3 years 

or different serious infringements as stipulated in Article 13, 

paragraph 1 for 3 times within 3 years shall be subject to a 

fine between 4.5 million and 22.5 million New Taiwan Dollars. 

Any person with the nationality of the Republic of China, except

 for distant water fisheries operators, distant water fisheries 

employees or industry related to distant water fisheries, that 

violates Article 14, paragraph 1  for 3 times within 3 years 

shall be subject to a fine between 3 million and 15 million New 

Taiwan Dollars.

 

Article 40

Any person that refuses to provide information required by the 

competent authority pursuant to Article 15 shall be subject to a

 fine between 2 million and 10 million New Taiwan Dollars. Any 

person that commits such violation for 2 times within 1 year 

shall be subject to a fine between 3 million and 15 million New 

Taiwan Dollars. 

 

Any distant water fisheries operator or distant water fisheries 

employee that refuses to provide information required by the 

competent authority pursuant to Article 15 shall be subject to 

the suspension of the fishing license of such distant water 

fisheries operator for 2 years and under, or revocation of the 

fishing license. Any distant water fisheries operator or distant 

water fisheries employee that commits such violation for 2 times 

within 1 year shall be subject to the suspension of the fishing 

license of such distant water fisheries operator for between 2 

and 3 years or revocation of the fishing license.  

 

Any distant water fisheries employee that refuses to provide 

information required by the competent authority pursuant to

 Article 15 shall be subject to suspension of the Fishing Vessel

 Crew Identifications and the Certificate of Fishing Vessel 

Officers for 2 years and under, or revocation of the Fishing 

Vessel Crew Identifications and the Certificate of Fishing 

Vessel Officers. Any distant water fisheries employee whose 

Fishing Vessel Crew Identifications and the Certificate of 

Fishing Vessel Officers has been suspended for refusing to 

provide information required by the competent authority 

pursuant to Article 15 commits such violation for 2 times 

within 1 year shall be subject to revocation of the Fishing 

Vessel Crew Identifications and the Certificate of Fishing 

Vessel Officers. 

 

Article 41  

In case that any distant water fisheries operator or distant 

water fisheries employee commits any of the following 

violations, such distant water fisheries operator shall be 

subject to a fine between 500 thousand and 2.5 million New 

Taiwan Dollars, and the fishing license may be suspended for 2 

years and under, or be revoked: 

(1) Violating provisions of the regulations of the management 

of fishing vessels stipulated pursuant to Article 10, paragraph 

2, except for those belonging to the serious infringements; 

(2) Violating provisions of the regulations concerning matters 

to be reported, the reporting procedures or inspection of 

transshipment and landing in-port stipulated pursuant to Article

 11, paragraph 3; 

(3) Violating provisions of the regulations concerning items of 

fishing activities and manners of cooperation stipulated 

pursuant to Article 12, paragraph 3; 

(4) Violating provisions of the special management measures 

concerning the limit on fisheries cooperation, reporting 

frequency of vessel positions, catch reporting, landing 

inspection, and transshipment limitation stipulated pursuant to

 Article 24, paragraph 2;

(5) Violating provisions of the regulations concerning 

conditions for permission, period and management stipulated 

pursuant to Article 31, paragraph 3. 

 

Any distant water fisheries operator or distant water fisheries

 employee that commits the same violation as stipulated in the 

preceding paragraph for 2 times within 1 year or commits 

different violations as stipulated in the preceding paragraph 

for 3 times within 1 year shall be subject to a fine between 750 

thousand and 3.75 million New Taiwan Dollars, and the fishing 

license of the distant water fisheries operator may be suspended 

for 2 years and under or be revoked.

 

Any distant water fisheries employee who commits any of the 

violations as referred to in paragraph 1 shall be imposed upon a

 fine between 100 thousand and 500 thousand New Taiwan Dollars 

and the Fishing Vessel Crew Identification and the Certificate 

of Fishing Vessel Officers may be suspended for 2 years and
under, or be revoked.

 

Any distant water fisheries employee that commits the same 

violation as stipulated in paragraph 1 for 2 times within 1 year

 or commits different violations as stipulated in paragraph 1
for 3 times within 1 year shall be subject to a fine between 150 

thousand and 750 thousand New Taiwan Dollars, and the Fishing 

Vessel Crew Identification and the Certificate of Fishing Vessel

 Officers may be suspended for 2 years and under or be revoked.

 

Article 42

Any person that conducts the business of the agents without 

authorization shall be subject to a fine between 4 million and 

20 million New Taiwan Dollars. 

 

The agents that violate the provisions of regulations on the 

rights and interests of the agents, the distant water fisheries 

operators and the foreign crew members, contents of the
contract, or management responsibilities stipulated pursuant to
Article 26, paragraph 3 shall be subject to a fine between 1
million and 5 million New Taiwan Dollars. The qualification for
such agent may be revoked and the guarantee bond may be
confiscated.       

 

Any distant water fisheries operator that commits any of the 

following violations shall be subject to a fine between 50 

thousand and 250 thousand New Taiwan Dollars, and the fishing 

license of such distant water fisheries operator may be 

suspended for 1 year and under: 

(1) Hiring abroad foreign crew members without the permission 

from the competent authority, in violation of Article 26, 

paragraph 1;

(2) Violating the provisions of regulations on the rights and 

interests of the distant water fisheries operator and the 

foreign crew member, contents of the contract, or management 

responsibilities stipulated pursuant to Article 26, paragraph 3.

 

Article 43 

In addition to the penalties imposed pursuant to Article 36, 

paragraph 1 and 2; Article 38, paragraph 1, 2 and 4; Article 39,

 paragraph 1; and Article 41, paragraph 1, the catches or 

fisheries products caught, transshipped, purchased or sold, or 

sold on assignment, or fishing gears involved may also be 

confiscated, regardless of the ownership. 

 

In addition to the penalties imposed pursuant to Article 36, 

paragraph 3 and 4; Article 38, paragraph 5 and 6; Article 39, 

paragraph 2; and Article 41, paragraph 2, the catches or 

fisheries products caught, transshipped, purchased or sold, or 

sold on assignment, or fishing gears involved shall be 

confiscated, regardless of the ownership. 

 

In addition to the punishment imposed pursuant to Article 36, 

the concerned fishing vessels that caught or transshipped may 

also be confiscated, regardless of the ownership. 

 

In case that the whole or part of such catches, fisheries 

products, fishing gears, or fishing vessels referred to in the 

preceding three paragraphs cannot be confiscated, the value of 

such catches, fisheries products, fishing gears or fishing 

vessels shall be collected.

 

Article 44 

In the event that a fishing vessel confiscated pursuant to the 

provisions stipulated in Article 43 is listed on the IUU fishing

 vessel list(s) of the international fisheries organization(s), 

the competent authority may apply to the navigation authority 

for re-registry of its ownership, followed by the revocation of 

its registration and cancel of its certificate of nationality.

 

In the event that a fishing vessel whose fishing license was 

withdrawn pursuant to the Fisheries Act before this Act becomes

 effective and which is listed on the IUU fishing vessel list(s) 

of the international fisheries organization(s) fails to comply 

with the order of the competent authority to return to domestic 

ports within designated timeframe, the competent authority may 

confiscate such fishing vessel, and apply to the navigation 

authority for re-registry of its ownership, followed by the 

revocation of its registration and cancel of its certificate of 

nationality.

 

Article 45

The competent authority may announce the name(s), ID number, 

address of person or company, and Chinese/English name(s), and 

CT numbers of vessel(s) that are being punished pursuant to 

Article 35, paragraph 3 and 4, and Article 36 to 41, and the 

violation(s) being committed.

 

Chapter V Supplemental Provisions

Article 46

Any person that has obtained permit pursuant to the Fisheries 

Act to fish in the high seas or the exclusive economic zones of

 other countries before this Act becomes effective shall be 

deemed, during the validity of such permit, as having obtained 

the distant water fisheries permit as referred to in Article 6, 

paragraph 1.

 

Any person that has obtained the authorization pursuant to the 

Fisheries Act to engage in fisheries cooperation with other 

countries before this Act becomes effective shall be deemed, 

during the validity of such authorization, as having obtained 

the approval as referred to in Article 12, paragraph 1.

 

Industry related to distant water fisheries that has engaged in 

the export of catches or fisheries products of distant water 

fisheries before this Act becomes effective shall apply for 

authorization within 2 months starting from the date that the 

regulations prescribed pursuant to Article 25, paragraph 4 

become effective. Failing to apply within the timeframe or 

exporting catches or fisheries products of distant water 

fisheries without authorization shall be punished pursuant to 

Article 38.

 

Any distant water fisheries operator that has been permitted to 

hire abroad foreign crew members pursuant to the Fisheries Act 

before this Act becomes effective shall be deemed as having 

obtained the permission pursuant to Article 26, paragraph 1 to 

hire abroad foreign crew members after this Act becomes 

effective.

 

Article 47   

This Act shall become effective after six months of its 

promulgation.