These Regulations are established pursuant to Article 39 of the

 Fisheries Act (hereinafter referred to as "the Act").

 

Article 2

For the need of fisheries development and the operation of 

fishing vessels, the competent authority of the Central 

Government may select appropriate foreign ports for use as 

foreign fishing bases for national fishing vessels (hereinafter

 referred to as “the foreign base”).

 

Article 3

No fishing vessel shall conduct the following operations in a 

foreign base without prior authorization:

1. Use the foreign base for the purposes of fishing, selling 

of fish, or taking supplies;

2. Use the foreign base for the purposes of transshipping fish 

products.

 

Article 4

Any fishing vessel that applies for operation in a foreign base 

shall install vessel automatic location communicator of a vessel 

monitoring system (VMS/ALC) designated by the competent 

authority of the Central Government.

Any matter concerning the maritime safety, wireless 

telecommunications and ocean-going navigational devices on the 

fishing vessels as referred to in the preceding paragraph, shall 

be subject to the provisions of the relevant laws and 

regulations on shipping, telecommunication and other such 

related legislations.

 

Article 5

Any fishery operator whose vessel intends to operate in a 

foreign base shall fill in the application form, accompanying 

the following documents, to apply to the competent authority of 

the Central Government for approval: 

1. A copy of fishing license.

2. A copy of fishing vessel survey certificate.

3. A list of crewmembers.

4. Copies of fishing vessel officer’s professional certificates.

5. A copy of the certificate for basic safety training of 

fishing vessel crewmembers.

6. A document certifying the vessel’s automatic location 

communicator duly tested by Overseas Fisheries Development 

Council of the Republic of China as capable of making automatic

 position

reporting.

7. Information showing that communication fee for the automatic 

location communicator on the fishing vessel has been prepaid for 

a period of not less than one year.

8. A photograph taken within one year showing the side of the 

vessel with the marking of its international identification or a 

document certifying to that effect.

9. Any other documents designated by the competent authority of 

the Central Government.

The application form referred to in the preceding paragraph 

shall indicate the following items:

1. Name of the vessel.

2. Serial number.

3. Gross tonnage.

4. Length overall of the fishing vessel

5. Type of fishery.

6. Name of the fishery operator.

7. Intended fishing area and foreign base.

8. International radio call sign.

9. Period of operation.

 

Article 6

In approving the fishery operator to operate in a foreign base, 

the competent authority of the Central Government shall issue 

the certificate of operation in a foreign base. 

The certificate referred to in the preceding paragraph shall 

include the following items:

1. Number of the certificate.

2. Name of the vessel.

3. Serial number.

4. Gross tonnage.

5. Length overall of the fishing vessel.

6. Type of fishery.

7. Name of the fishery operator.

8. Foreign base and fishing area.

9. International radio call sign.

10. Period of authorization.

11. Deadline of port departure. 

 

Article 7

The maximum duration authorized for the certificate of operation

 in a foreign base shall not exceed two years and six months. In 

case extension of fishing operation is required upon its expiry, 

the fishery operator shall fill in the application form, 

accompanying the designated documents required under Article 5, 

paragraph 1, subparagraphs 2 to 5 and subparagraphs 7 to 9, to 

apply to the competent authority of the Central Government for 

renewal, within three months before its expiration date.

The certificate of operation in a foreign base issued to a 

fishing vessel, except for the provision as stipulated in 

paragraph 3, shall cease to be valid where anyone of the 

following incidents has been found:

1. The fishing vessel fails to depart for operation within the 

deadline of port departure as required.

2. The vessel has not resumed its fishing operation within three 

months after its return to homeport.

3. The fishing vessel fails to resume its fishing operation in a 

foreign base after its return to homeport. 

Any tuna longline fishing vessel of over 20 gross tonnage (GT) 

but under 100 GT, which returns to its homeport between March 

and July of each year and then proceeds to the Pacific Ocean for 

fishing bluefin tuna, is not subject to the restriction as 

stipulated in subparagraph 3 of the preceding paragraph. 

 

Article 8

Any fishing vessel operating in a foreign base shall comply with 

the following rules:

1. Shall operate in the ocean area or by the fishery type as 

approved;

2. Shall moor at the foreign base as approved;

3. Shall not carry on board articles other than fishing gear, 

fishing bait, catches and those articles that have been approved

 to carry;

4. Shall not carry any catch which is not caught by itself, 

provided that any fishing vessel which has completed its final 

fishing trip in a foreign base and returns to its homeport, it 

may carry catches caught by other ROC fishing vessels back to 

the country after obtaining permission in a case-by-case basis, 

from the competent authority of the Central Government.

5. Shall not catch or ship such aquatic animals or plants 

promulgated as prohibited to fish by the competent authority of 

the Central Government;

6. Accept an observer on board during fishing operation, and 

navigate

 to such a location for the embarkation and disembarkation of the 

observer.

7. Accept port inspector for conducting inspection of the fishing 

operation.

8. Maintain communications with government patrol vessels and 

accept

 boarding and inspection. 

9. Fish transport vessel shall not transship catch fished by any

 ROC fishing vessel in violation of the relevant regulations or

 shall not carry any prohibited catch or transship catches from 

any foreign fishing vessel.

10. Report vessel position and catch data in accordance with the 

required time interval.

11. Stop fishing and directly enter into a designated port for 

inspection, upon receipt of the order from the competent 

authority of the Central Government.

12. Comply with the catch transshipment regulations as 

promulgated by the competent authority of the Central 

Government.

13. Observe such other rules so promulgated by the competent 

authority of the Central Government.

A foreign base operation fishing vessel which has been 

authorized by the competent authority of the Central Government 

to operate in a specific ocean area, complies with the 

provisions of the preceding paragraph during its operation in 

the specific ocean area so authorized, may continue operating 

in that ocean area until the completion of its fishing 

operation. 

 

Article 9

With respect to the national crews he hired, a fishery operator 

of a fishing vessel which intend to operate in a foreign base, 

shall:

1. Submit the name list of crewmembers to the coastal guard 

authority of the port of its registration;

2. Inform the district fishermen’s association where the vessel 

belongs for record, in case of change of the crewmembers;

3. Have the crewmember repatriated to his home, in case any 

crewmember leaves the fishing vessel at a foreign base.

The crewmembers of any fishing vessel authorized to operate in 

a foreign base shall not leave port until security inspection

 has been conducted by the coastal guard authority at the port 

of its registration. 

 

Article 10

The obligatory military service of any national crewmember

 operating in a foreign base shall be subject to the provisions 

of the relevant military service act and regulations.

 

Article 11

In case where a fishing vessel operating in a foreign base is 

short of crew to maintain its normal operation, the fishery 

operator may hire foreign or Mainland Chinese crew to supplement

 in accordance with requirements made by the competent authority

 of the Central Government.

 

Article 12

Any fish caught by a fishing vessel operating in a foreign 

fishing base shall be sold under its own name. A fishing vessel 

shall not sell any fishery products under its name unless such 

products were caught by that vessel.

Any fish caught by a fishing vessel operating in a foreign base

 which is sold or exported at the base shall be exempted from 

issuing of unified invoice and application of export license.

Any fish caught by a fishing vessel operating in a foreign base,

 which is in conformity with one of the following provisions, 

shall be subject to exemption of import license and import tax:

1. Fish transported back home by the fishing vessel operating in

 a foreign base itself or authorized to be transported by a fish 

transport vessel or another fishing vessel.

2. Fish shipped by a commercial cargo vessel or by an airplane, 

which is certified by the relevant outstation embassy,
consulate, representative office, or such organization or
person as authorized by the competent authority of the Central
Government, and obtained fishing vessel catch certificate
documentissued by the competent authority of the Central
Government.

3. Fish shipped by a commercial cargo vessel or by an airplane, 

caught by a fishing vessel which has been designated by the 

competent authority of the Central Government for conducting a 

specific fishery and reported its position and catch in a timely 

manner, in accordance with fishing vessel position reporting 

measure, and has obtained a catch certificate document issued by 

the competent authority of the Central Government, applied 

through the fisheries association it belongs, or the competent 

authority of the municipality or prefecture. 

Fishing vessels for specific fisheries designated by competent

 authority of the Central Government as referred to in 

subparagraph 3 of the preceding paragraph, shall be promulgated 

in the government gazette accordingly by the competent authority 

of the Central Government based on types of fisheries, fishing 

areas and the practical need of fisheries management.

 

Article 13

In the event that a fishing vessel operating in a foreign base 

enters into port or a consignment of fish caught by a fishing 

vessel operating in a foreign base under transshipment arrives

 in port, the fishery operator shall submit the catch reports 

to the competent authority of the Central Government for 

perusal within sixty days from the day such incident.

After a fishing vessel operating in a foreign base completes 

its fishing operation as indicated in the preceding paragraph,

 the fishery operator shall submit information on the sale of 

fish and its stocktaking to the competent authority of the 

Central Government for perusal within sixty days.

 

Article 14

Fish caught by any fishing vessel operating in a foreign base

 may be assigned to an agent for selling or transshipping. 

Any agent desirous of handling the sale or transshipment of 

fish caught by any fishing vessel operating in a foreign base

 shall only commence its business after its application to 

and duly approved by the competent authority of the Central 

Government with the following accompanying documents,:

1. Document showing the name of the agent, company structure,

 capital amount and name of its legal representative.

2. A copy of business permit issued by the government.

3. Business plan.

Any agent, having been approved to handle the sale of fish 

prior to the amendment and entry into force of these 

Regulations on July 28, 2010, desirous of handling the 

transshipment of the fish caught by any fishing vessel 

operating in a foreign base, shall apply to competent 

authority of the Central Government for approval pursuant to

 the provisions of the preceding paragraph.

 

Article 15

After an agent who has been assigned to handle the sale of

 fish for a fishing vessel operating in a foreign base 

completes sales transactions, the agent shall submit 

information on the sale of fish to the competent authority of

 the Central Government for perusal in a monthly basis.

Where any agent who has not made such reports in accordance

 with the provision as set in the preceding paragraph or has 

submitted incorrect reports, the competent authority of the

 Central Government may request the agent to make 

supplementary information within a required timeframe. Where

 the agent fails to act so upon expiration of the deadline 

date, the authority shall give notice of rectification to the 

agent and request submission of supplementary information. In 

case the agent has been given three times notices of 

rectification in a single case, its approval to handle sale

 of fish shall be subject to abrogation.

The provision of the preceding paragraph shall be listed as

 an additional requirement for the approval of any agent 

handling the sale of fish. 

 

Article 16

Any agent desirous of using foreign flagged fish transport 

vessel to transship fish caught by any fishing vessel 

operating in a foreign base, shall apply to the competent 

authority of the Central Government for prior approval in a 

case-by-case basis, and comply with the regulations for fish 

transshipment as promulgated by the competent authority of 

the Central Government.

Where any agent infringes the provisions of the preceding 

paragraph, the competent authority of the Central Government

 may abrogate its qualification to use foreign flagged fish 

transport vessels to transship fish caught by fishing vessels

 operating in a foreign base. In case of severe 

infringements, the authority may abrogate its approval to

 handle the sale of fish caught by any fishing vessel

 operating in a foreign base.

The provision of the preceding paragraph shall be listed as an 

additional requirement for the approval of any agent using 

foreign flagged fish transport vessel to transship fish caught

 by fishing vessels operating in a foreign base and handling 

the business of transshipment of fish.

 

Article 17

Where a fishing vessel authorized to operate in a foreign base,

 whose fishery type or operation area is subject to a 

transshipment scheme as stipulated by an international fishery 

organization, and the fish caught by that vessel is 

transshipped by a foreign flagged fish transport vessel, such

 foreign flagged fish transport vessel shall be limited to

 those authorized by the competent authority of the Central 

Government.

Regulations for the transshipment of fish caught by fishing 

vessel in different ocean areas and fishery types and the

 procedures for the approval of foreign flagged fish transport

 vessel shall be stipulated by the competent authority of the

 Central Government, pursuant to Article 54, paragraph 5 of 

the Act, taking into account the resolution relating to 

transshipment adopted by the regional international fisheries 

organizations.

 

Article 18

Any fishing vessel operating in a foreign base which has 

committed anyone of the following infringements, other than 

that as provided in Paragraph 2, its fishing license or the 

professional certificate of its captain shall be subject to

 suspension for a period of not more than one year. In case 

of severe infringements, its fishing license or the 

professional certificate of the captain shall be subject to

 revocation.

1. In violation of the provisions of Article 3.

2. In violation of the provisions of Article 7, paragraph 1.

3. In violation of anyone of the provisions of Article 8, 

paragraph 1, subparagraph 1 or subparagraphs 4 to 12.

4. In violation of the provisions of Article 9, paragraph 1, 

subparagraph 3.

5. In violation of the provisions of Article 12, paragraph 1.

6. In violation of the provisions of Article 17, paragraph 1.

A fishing vessel which has violated the provisions of Article 

7, paragraph 1, continues to report its positions and catch data

 and conduct transshipment after the expiry of the period 

authorized, in accordance with of Article 8, paragraph 1, 

subparagraphs 10 and 12, shall be subject to imposition of a 

fine of not less than thirty thousand but not more than one 

hundred and fifty thousand New Taiwan Dollars, pursuant to 

Article 65, paragraph 8 of the Act. 

 

Article 19

Any fishing vessel operating in a foreign base which has 

committed anyone of the following infringements, shall be 

subject to imposition of a fine of not less than thirty 

thousand but not more than one hundred and fifty thousand New

 Taiwan Dollars, pursuant to Article 65, paragraph 8 of the 

Act:

1. In violation of the provisions of Article 8, paragraph 1,

 subparagraph 2, 3 or 13.

2. In violation of the provisions of Article 9, paragraph 1,

 subparagraph 1 or 2.

3. In violation of the provisions of Article 13.

 

Article 20

In case after imposing of the punishment for the suspension of

 the fishing license of a fishing vessel pursuant to Article 

18, paragraph 1, the punishment cannot be executed due to the 

loss of the fishing vessel, a fine of not less than thirty 

thousand but not more than one hundred and fifty thousand New 

Taiwan Dollars shall be imposed, pursuant to Article 65, 

paragraph 8 of the Act. 

 

Article 21

The competent authority of the Central Government may assign 

its subordinating agency or the relevant municipal, prefecture 

or township to issue the certificate of operation in a foreign

 base, under the name of the competent authority of the Central

 Government.

 

Article 22

These Regulations shall enter into force on the date of 

promulgation.