Article 1
These Regulations are established pursuant to Article 6 of the
Act to Govern Investment in the Operation of Foreign Flag
Fishing Vessels (hereinafter referred to as “the Act”).
Article 2
The international fisheries organizations as referred to in
these Regulations means any international fisheries management
organization or regional or sub-regional fisheries management
organization established in accordance with international
conventions, treaties or agreements.
Article 3
In case that the fisheries type(s) or fishing Ocean(s) of any
foreign flag fishing vessel invested or operated by the person
with the nationality of the Republic of China is subject to the
measure of authorized fishing vessels list as required by the
international fisheries organization(s), such vessel shall not
leave port for fishing operation until the flag State concerned
has completed listing such vessel on the authorized vessel list
of the international fisheries organization(s).
Article 4
Any foreign flag fishing vessel invested or operated by the
person with the nationality of the Republic of China shall
receive the observer dispatched by the flag State concerned and
shall not refuse, evade, or obstruct the deployment of observer.
Such fishing vessel shall fish in the fishing Ocean(s), fishing
area(s), or fishing period(s), and with the fishing gear(s) and
fishing method(s) as authorized by the flag State and coastal
State concerned.
Article 5
In case that the fisheries type(s) or fishing Ocean(s) of any
foreign flag fishing vessel invested or operated by the person
with the nationality of the Republic of China is subject to
the measure of reporting vessel positions as required by the
international fisheries organization(s), flag State or coastal
State concerned, such vessel shall comply with the regulations
of position reporting as established by the international
fisheries organizations(s), the flag State and coastal State
concerned.
Article 6
Any foreign flag fishing vessel invested or operated by the
person with the nationality of the Republic of China that
intends to catch fish species managed by the international
fisheries organization(s) shall only catch such species whose
catch limit or quota has been allocated to the flag State or
coastal State concerned by the international fisheries
organization(s), and shall catch under the catch limit or quota
allocated to it by the flag State or coastal State concerned.
Article 7
In case that any person with the nationality of the Republic of
China that conducts the business of fishery in sea areas beyond
national jurisdiction by investing in or operating foreign
fishing vessel(s) has violated relevant regulations on fishing
stipulated by the flag State or coastal State concerned, or the
regulations, except for the serious infringements stipulated in
Article 8, paragraph 1 of the Act, regarding authorization to
fish, fishing area(s), fishing period(s), vessel positions
reporting, fishing gear(s), fishing method(s) or quota
stipulated in Article 3 to Article 6 of these Regulations, the
criteria of consecutive punishment in accordance with Article
11, subparagraph (2) of the Act shall be as follows:
(1) He who violates for the first time within three years shall
be subject to a fine of two million New Taiwan Dollars.
(2) He who violates the same provision of violation for two
times within three years shall be subject to a fine of four
million New Taiwan Dollars.
(3) He who violates the same provision of violation for three
times within three years shall be subject to a fine of six
million New Taiwan Dollars.
(4) He who violates the same provision of violation for four
times and above within three years shall be subject to a fine
of ten million New Taiwan Dollars.
The basis for calculating the time(s) of violation as referred
to in the preceding paragraph shall start from the date of last
violation dated back to a period of three years.
Article 8
These Regulations shall enter into force on January 20, 2017.