| Article 1
These regulations are established pursuant to Article 12,
paragraph 3 of the Act for Distant Water Fisheries (hereinafter
referred to as “the Act”).
Article 2
Manners of fisheries cooperation are categorized as follows:
(1) Acquiring the right to operate fishing vessel(s) in the
exclusive economic zone of a foreign country with the payment
of access fee; or
(2) Engaging in fisheries operation in the exclusive
economic zone of a foreign country by means of chartering
fishing vessel(s) of the Republic of China to person(s) of that
foreign country.
Article 3
In case of any of the following circumstances, the competent
authority shall deny the approval of fisheries cooperation:
(1) The country with which the fishing vessel(s) of the
Republic of China engages in fisheries cooperation is incapable
of controlling and managing foreign fishing vessels fishing in
the waters under its national jurisdiction;
(2) The country with which the fishing vessel(s) of the
Republic of China engages in fisheries cooperation is listed on
the illegal, unreported, and unregulated (IUU) fishing
non-cooperating countries list by other countries, international
fisheries organizations, or other economic integrated
organizations; or
(3) The country with which the fishing vessel(s) of the
Republic of China engages in fisheries cooperation is subject to
a letter of identification for more than 2 years by other
countries, international fisheries organizations, or other
economic integrated organizations.
The list of the country as referred to in subparagraph (1) of
the preceding paragraph shall be promulgated by the competent
authority.
Article 4
In case that the country with which the fisheries cooperation is
engaged has designated the port(s) for landing or transshipment,
one of the following conditions shall be met:
(1) The foreign country concerned shall reach an agreement
with the Republic of China with respect to any of the following
matters:
i. The foreign country concerned agrees to provide its
report(s) on inspecting fishing vessel(s) of the Republic of
China; or
ii. The foreign country concerned agrees with inspections
conducted by the personnel dispatched by the Republic of China
in ports of such foreign country, or inspections conducted
jointly, and exchange of related information.
(2) The scheme of inspections conducted by an independent
third party has been established in the foreign country
concerned.
The independent third party as referred to in subparagraph (2)
of the preceding paragraph means any of the following
institutions recognized by the competent authority:
(1) For Japan:
i. Shinken Corporation.
ii. Nippon Kaiji Kentei Kyokai, Incorporated Association.
(2) For areas excluding Japan: any verifying institution
which obtains the accreditation for management system
certification from the Taiwan Accreditation Foundation (TAF).
Article 5
Taking into consideration the policy of fisheries development
and the national interests, the competent authority may
designate non-profit organization(s) or fishery association(s)
on behalf of the fishing industry to conduct negotiations with
foreign countries on matters related to rights and obligations
such as the number of fishing vessel(s) engaging in fisheries
cooperation, fee, fishing days, fishing area(s), or regulations
to be complied with.
Article 6
Any distant water fisheries operator that applies for fisheries
cooperation shall, before the fishing vessels entering into
the exclusive economic zone of the foreign country concerned,
fill in the application form and submit it with the following
documents to the competent authority for approval:
(1) A copy of valid distant water fisheries permit;
(2) A copy of the permission for fisheries cooperation
issued by the foreign country concerned;
(3) A letter of guarantee to repatriate crew members in case
of maritime distress of detainment.
(4) In case that the fisheries cooperation is conducted in
accordance with Article 2, subparagraph (2), a copy of the
cooperation agreement or contract shall be submitted as well.
(5) In case that the fisheries cooperation is negotiated by the
non-profit organization or fishery association with the foreign
country concerned, a copy of the cooperation agreement or
contract signed by the non-profit organization or fishery
association and the foreign country concerned shall be
submitted as well.
The application form as referred to in the preceding paragraph
shall include the following:
(1) The country with which the fisheries cooperation is engaged;
(2) The manner of cooperation;
(3) The period of cooperation;
(4) Name(s), CT number(s), type(s), gross tonnage (GT), and
number(s) of the fishing vessel(s) engaged in the fisheries
cooperation; type(s) of fisheries; method(s) of processing
catches; and port(s) for landing.
In case that the permission for fisheries cooperation issued by
the foreign country concerned as referred to in paragraph 1,
subparagraph (2); or the cooperation agreement or contract as
referred to in paragraph 1, subparagraph (4) and (5) is not
written in Chinese nor English, a Chinese translation
authenticated by public notary shall be submitted.
Article 7
In case of any of the following circumstances, approval of
fisheries cooperation shall not be granted:
(1) The applied fishery type of the fisheries cooperation
is not the fishery type as recorded in the fishing license of
the applying fishing vessel.
(2) The distant water fisheries operator is sentenced
imprisonment for violating the 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.
(3) The distant water fisheries operator is sentenced to a
short-term imprisonment or criminal fine for violating the 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.
(4) The distant water fisheries operator is sentenced to a fine
pursuant to the 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.
(5) The applying fishing vessel is sentenced to suspension of
fishing license pursuant to the Act or the Fisheries Act, and
such sentence is not executed completely.
Article 8
For any application as referred to in Article 6 that has been
examined and approved by the competent authority, the maximum
cooperation period shall be one year, and shall not exceed the
validation period of its fishing license.
The fishing method(s) for the approved fisheries cooperation
shall be limited to that authorized by the foreign country with
which the fisheries cooperation is engaged with.
Article 9
Unless that the foreign country concerned has required fishing
vessel(s) to enter its port(s) for landing or transshipment, the
foreign ports for in-port landing or in-port transshipment
conducted by fishing vessel(s) of the Republic of China engaged
in fisheries cooperation shall be limited to the ports
designated by the competent authority.
Article 10
The application and issuance of relevant catch statistical
documents for any fishing vessel engaging in fisheries
cooperation shall be conducted in accordance with the Act and
its relevant implementing regulations. For catches from the
fishing vessel engaging in the fisheries cooperation in
accordance with Article 2, subparagraph (2), the competent
authority shall not issue Catch Statistical Documents,
Legitimated Catch Certificates, or European Union Catch
Certificates.
Article 11
In case of any of the following circumstances, the competent
authority shall revoke the approval of fisheries cooperation:
(1) The foreign country with which the fisheries cooperation
is engaged notifies in written of terminating the fisheries
cooperation.
(2) The foreign country with which the fisheries cooperation
is engaged is under any of the circumstances stipulated in
Article 3, paragraph 1; or any of the conditions stipulated in
Article 4, paragraph 1 is not met.
(3) The permit issued by the foreign country with which the
fisheries cooperation is engaged is invalid.
(4) Any fishing vessel engaging in fisheries cooperation
conducts IUU fishing.
Article 12
In case of continuation of the fisheries cooperation after the
period of fisheries cooperation is expired, re-application for
the approval shall be conducted in accordance with Article 6.
Article 13
These Regulations shall enter into force on January 20, 2017. |