| Article 1
These Regulations (hereinafter "the Regulations") are made
pursuant to Article 40 of the Fisheries Act.
Article 2
In the Regulations, the term "competent authority" or "competent
authorities" means the Council of Agriculture of the Executive
Yuan at the central government, municipal governments at
municipalities, and county/city governments at counties/cities.
Article 3
In the Regulations, the term "external fisheries cooperation"
means the cooperation between any fishery operator or fisheries
organizations of the Republic of China and any foreigner,
foreign organization, foreign government, or overseas Chinese
within the Republic of China or abroad.
Article 4
There are two categories in external fisheries cooperation:
(1) foreign cooperation:
(A) to acquire access fishing right with payment to operate
motor-based fishing vessels (hereinafter cited as "fishing
vessels" ) in foreign exclusive fishery zone, economic exclusive
zone, or territorial sea;
(B) to engage in cooperation of fisheries operation abroad by
means of rental of fishing vessels, investment, or provision of
capitals, fisheries technology, or patents.
(2) Domestic cooperation: any foreigner engages in cooperation of
fisheries operation within the territory or exclusive economic
zone in the Republic of China by means of rental of fishing
vessels, investment, or provision of capital, fisheries
technology, or patents.
Article 5
Any application for external fisheries cooperation in accordance
with the Regulations shall be delivered to municipal/county/city
competent authorities for processing to seek approval from the
central competent authority.
Any application for external fisheries cooperation that involves
any law or regulation concerning vessel control, investment and
technical cooperation shall be processed in accordance with the
Regulations and be approved by the relevant competent
authorities.
Article 6
Any person who applies for external fisheries cooperation
according to Article 4(1)(A) shall submit the following
documents:
(1) An application form. (This shall include the company charter
and a copy of registration license.)
(2) A contract of cooperation.
(3) Business work plan.
(4) A list in which registers type, number, and name of the
vessel. (This shall include the vessel's certificate of
registration, certificate of examination, and fishing operation
license.)
(5) Permissions issued by a foreign government.
(6) A letter of guarantee to dispatch fishermen back home in case
of maritime distress or confiscation.
Permission issued by a foreign government indicated by Article
6(5) means an official approval given by the competent authority
of the cooperation partner in the host country and has been
authenticated by local Republic of China embassy, consulate, or
mission. Where an embassy, consulate, or mission is absent,
designated local commercial institution under the Ministry of
Economic Affairs or representatives appointed by the central
competent authority should be responsible for their
authentication of such approval. Where a designated commercial
institution or representative is absent, an overseas Chinese
association registered with the Overseas Chinese Affairs
Commission or a legitimate, local notary should be responsible
for authentication of such approval.
Article 7
Application for external cooperation according to Article
4(1)(B) and Article 4(2) should include the following documents:
(1) Application form. (This shall include the company charter
and a copy of registration license.)
(2) Contract of cooperation.
(3) Business work plan.
(4) Technical personnel (include fishermen) and staff employment
contract. (If employee from foreign country, resume and related
licenses are necessary; if acceptance by a foreign offer, then
resume, Fishing Vessel Crew Identification, household
registration record, and Fishing Vessel Officer Certificate, if
applies).
In the case of cooperation based on capital investment or patent
right, the documents mentioned in sub-paragraph (4) of the
preceding paragraph are excluded.
In the case of cooperation based on fishing vessels rental or
joint venture, the following extra documents are necessary:
(1) Photocopies of the vessel's certificate of registration and
its proof of examination.
(2) If cooperation in foreign waters is concerned, photocopy of
fishing license is needed; if cooperation in domestic waters is
considered, vessel layout is needed.
Article 8
Contract of cooperation described in Article 6(2) should include
the following items:
(1) Types of cooperation.
(2) Terms of cooperation.
(3) Types of fishing vessels, respective gross tonnage, and total
amount of fishing vessels.
(4) Types of fishery operation, location, and fishing area
(including a map for fishing area).
(5) Methods to share profits or costs of cooperation.
(6) Terms of profit remittance by banking system.
(7) Sales and handling of fish catch.
(8) Terms on the guaranty and settlement of breach of the contract.
(9) Other terms to be agreed upon.
Article 9
Contract of cooperation described in Article 7(2) should include
the followings:
(1) Types of cooperation.
(2) Terms of cooperation.
(3) The amount of capital authorized and proportion of investment
in fishery cooperation. (Those who cooperate by renting fishing
vessels are not subject to this term.)
(4) Types of fishing vessels, its net weight in tons, and its
quantity. (Those cooperate by providing capitals, fishery
technology, or patents are not subject to this term.)
(5) Means to share profits, rental incomes, or other earnings.
(6) Terms of profit remittance by banking system.
(7) Sales and handling of fish catch. (Those not involved in the
selling of fish catch are not subject to this term.)
(8) Details of fishing technology and patents, and any benefit to
parties in cooperation. (Those not involved in the application of
fishing technology or patents are not subject to this term.)
(9) Terms on the guaranty and settlement of breach of the
contract.
(10) Others terms to be agreed upon.
Article 10
All purchasing and expenditure of foreign currency accrued in
fishery cooperation with a foreign country are under the
regulation of the Statute of Foreign Currency Management.
Article 11
Any fishery operator who cooperates with foreign countries
according to rules prescribed in Article 4(1)(B) should follow
these provisions:
(1) Those who cooperate with fishing vessels should retreat
these vessels no more than two months after cooperation's
expiry date. To sell the fishing vessel, the application that
seeks approval from the Ministry of Transportation and
Communications should be delivered to and transferred by the
central competent authority no less than three months prior
to the cooperation's expiry date.
(2) The foreign partners in cooperation should report to the
central competent authority for approval if the foreign
partners want to continue to hire the technical staffs,
including the sailors, no less than three months prior to the
cooperation's expiry date, and to obtain adequate extension
period for these technical staffs in foreign countries.
Article 12
Any person involving in domestic cooperation under the
prescription of Article 4(2) shall not impair our nation's
fishery resources and seek to benefit the welfare of future
fishery development in principle.
Any person engaging in the rental of fishing vessels or
investment in domestic cooperation described in the preceding
paragraph shall be restricted from domestic type of fishery
operation. The imported fishing vessel that has been approved
shall obtain fishing license according to Permission on the
Building of Fishing Vessels and Rules Governing the Issuing of
Fishing License.
Any fishing vessel rented from foreign countries but to be sold
domestically within or after the expiry of terms of cooperation
shall have it reported to the central competent authority for
approval. The fishing license shall not be issued if approval
has not been obtained.
Article 13
Parties in domestic cooperation described under Article 4(2)
are prescribed by regulations on Public/Private Enterprise's
Application to Hire Foreign or Overseas Chinese Personnel in
case of a need to hire foreign technical personnel. The
central competent authority may set restriction on the number
of people being hired.
The aforementioned foreign technical personnel do not include
fishermen.
Article 14
For the purpose of facilitating stability in fishery
cooperation with foreign countries, and based on a need to
promote national interests or to comply with the national
policy of the cooperation country, the competent authority may
order to prohibit external fishery cooperation from foreign
countries; or to set restrictions on, or to incorporate
conditions into, the contents of cooperation.
Article 15
Concerning fishery development and national interests, the
central competent authority may appoint fishery organizations
or non-profit organizations to process applications on behalf
of the parties in fishery cooperation with foreign countries.
Article 16
Fishery operators or fishery organizations should report on
their performance and progress of fishery cooperation, or give
briefings on other aspects of cooperation, to the central
competent authority every six months during their terms of
fishery cooperation with foreign countries.
Article 17
To renew terms of cooperation, parties in fishery cooperation
must repeat application procedures under the provisions of
Article 6 or Article 7 three months prior to the end of the
term.
Article 18
Any cooperation with foreign countries that has not been
practiced one year after obtaining approval shall have its
original approval waived.
Article 19
Any person breaching the Regulations hereto is subject to
penalties prescribed under Article 10 of the Fisheries Act and
shall have their approval of cooperation with foreign countries
waived hereafter.
Article 20
The Regulations shall enter into force on the date of
promulgation. |