| Chapter I: General Principles
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. |