| Article 1
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. |