| Article 1
These Regulations are established pursuant to Article 10,
paragraph 2 and Article 25, paragraph 6 of the Act for Distant
Water Fisheries (hereinafter referred to as “the Act”).
Article 2
The competent authority may commission the Fisheries Agency,
Council of Agriculture, Executive Yuan to conduct the receipt
of applications, issuance, write-offs, cancellation, and
re-issuance of catch certificates and other related affairs.
Article 3
Catch certificates stipulated herein are divided into the
following five types:
(1) Fishing Vessel Catch Certificate, which serves as a proving
document for the application of exemption of import tax and
exemption of import control to the Customs Administration of
the Ministry of Finance for catches caught by a fishing vessel
permitted by the competent authority to conduct distant water
fisheries and shipped back to the Republic of China by
commercial cargo vessel, foreign carrier vessel, or airplane.
(2) Catch Origin Document, which is to prove that fishing
vessels of catches or fisheries products meet certain sanitation
requirements so as to apply for the quarantine certificates of
exported animal products that meet the requirements of the
import country.
(3) Catch Statistical Document, which is the catch trade
document issued in compliance with the conservation and
management measures of international fisheries organizations.
(4) Legitimate Catch Certificate, which is to prove that fishing
operations for catches or fisheries products are not involved in
illegal, unreported and unregulated (IUU) fishing activities.
(5) EU Catch Certificate, which is to prove that fishing
operations for catches or fisheries products meet the
requirements of the European Union (hereinafter referred to as
the “EU”).
Article 4
Any applicant of any catch certificate shall meet any of the
following conditions:
(1) The distant water fisheries operator who is permitted by the
competent authority to conduct distant water fisheries and whose
catches or fisheries products are caught by the fishing vessel(s)
operated by him/herself.
(2) The industry related to distant water fisheries approved by
the competent authority to conduct export trade of catches or
fisheries products of distant water fisheries.
The applicant of the Fishing Vessel Catch Certificate shall be
limited to the applicant as referred to in subparagraph (1) of
the preceding paragraph.
Article 5
The maximum period of the validity of any catch certificate
shall be four years, except for the Catch Statistical Document
of fresh bigeye tuna and fresh swordfish, which shall be valid
for two months.
In case that the catch certificate is issued before landing, the
period of validity as referred to in the preceding paragraph
shall begin from the date of issuance. For the catch certificate
issued after landing, the period of validity shall begin from
the date of the completion of landing.
Article 6
To apply for catch certificates of catches of purse seine fishing
vessels, the type of such catches shall be frozen whole fish.
Article 7
For any application of the Fishing Vessel Catch Certificate, the
application form in the required format shall be filled in and
submitted to the competent authority together with a copy of the
shipping documents proving that catches are shipped back to land
in the Republic of China for sale by commercial cargo vessel,
foreign carrier vessel, or airplane.
The Fishing Vessel Catch Certificate will be issued after the
application as referred to in the preceding paragraph is examined
and determined to be compliant with relevant requirements.
Article 8
In case of any of the following circumstances, the Fishing Vessel
Catch Certificate shall not be issued:
(1) The applicant does not meet the provisions stipulated in
Article 4, paragraph 1.
(2) The catch of purse seine fishing vessel does not meet the
provisions stipulated in Article 6.
(3) The fishing vessel conducts distant water fisheries without
the permission from the competent authority.
(4) The applied catch amount exceeds the actual landing amount of
the fishing vessel.
Article 9
Any fishing vessel applying for the Catch Origin Document shall
meet any of the following conditions:
(1) The fish hold temperature is below 18 degrees Celsius, and the
fishing vessel is installed with a temperature recording device
and has been examined and approved by the competent authority.
(2) The fishing vessel has passed the hygiene inspection.
Fishing vessels which meet the conditions stipulated in the
preceding paragraph shall be promulgated by the competent
authority.
Article 10
For any application of the Catch Origin Certificate, the
application form in the required format shall be filled in and
submitted to the competent authority. For the applicant as
referred to in subparagraph (2) of Article 4, paragraph 1, the
record that can trace back to the transaction of the distant
water fisheries operator and relevant document(s) proving the
trade shall be enclosed as well.
The Catch Origin Document will be issued after the application
as referred to in the preceding paragraph is examined and
determined to be compliant with relevant requirements
Article 11
In case of any of the following circumstances, the Catch Origin
Certificate shall not be issued:
(1) The applicant does not meet the provisions stipulated in
Article 4, paragraph 1.
(2) The exportation eligibility of the applicant as referred to
in subparagraph (2) of Article 4, paragraph 1 is suspended by
the competent authority.
(3) Any of the circumstances stipulated in subparagraph (2) to
(4)of Article 8.
(4) The fishing vessel does not meet the provisions stipulated
in Article 9, paragraph 1.
(5) The Catch Origin Certificate previously applied by the
applicant is not written off in accordance with Article 25, or
not cancelled in accordance with Article 26.
Article 12
For any application of the Catch Statistical Document, the
vessel position reporting, logbooks and catch reports,
transshipment and landing of the fishing vessel during the
period of fishing operation of the fishing vessel shall be in
compliance with the regulations for respective oceans where the
fishing vessel concerned proceeds to.
Article 13
For any application of the Catch Statistical Document of frozen
bigeye tuna or frozen swordfish, the applicant shall fill in
application form in the required format and submit to the
competent authority together with the following documents:
(1) Document(s) proving that the catches concerned have been
confirmed by the association which the fishing vessel belongs
to.
(2) For catches landed domestically, the fish market transaction
document or the Landing Inspection Report shall be enclosed.
(3) For the applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to the
transaction of the distant water fisheries operator and relevant
document(s) proving the trade shall be enclosed.
(4) A copy of exportation and transport document/bill of
catches. Catches transported by the fishing vessel itself shall
be exempted
The association as referred to in subparagraph (1) of the
preceding paragraph means the Taiwan Tuna Purse Seiners
Association for a purse seine fishing vessel; and Taiwan Deep
Sea Tuna Boat-owners and Exporters Association or Taiwan Tuna
Longline Association for a tuna longline fishing vessel.
The Catch Statistical Document of frozen bigeye tuna or frozen
swordfish will be issued after the application as referred to
in paragraph 1 is examined and determined to be compliant with
relevant requirements.
Article 14
For any application of Catch Statistical Document of fresh
bigeye tuna or fresh swordfish, catches of bigeye tuna or
swordfish shall meet the following conditions:
(1) Such catches are caught by longline fishing vessel(s)
whose gross tonnage (GT) is under 100 tons.
(2) Such catches are preserved in ice-chilling method.
(3) Such catches are landed at any domestic or foreign port for
sale and processed as frozen bigeye tuna or frozen swordfish.
Article 15
For any application of the Catch Statistical Document of fresh
bigeye tuna or fresh swordfish, the applicant shall fill in
application form in the required format and submit to the
competent authority together with the following documents:
(1) For catches landed for sale at a foreign port, the copy of
the cargo list obtained from the customs authority of the port
State or the Landing Inspection Report shall be enclosed prior
to port entry of the fishing vessel.
(2) For catches landed for sale at a domestic port, the fish
market transaction document or the Landing Inspection Report
shall be enclosed.
(3) The copy of the document(s) proving the trade of fresh
bigeye tuna or fresh swordfish to a processing plant for
process and export as frozen products.
The Catch Statistical Document of fresh bigeye tuna or fresh
swordfish will be issued after the application as referred to
in the preceding paragraph is examined and determined to be
compliant with relevant requirements.
Article 16
To replace Catch Statistical Document of fresh bigeye tuna or
fresh swordfish with that of frozen bigeye tuna or frozen
swordfish, the applicant shall fill in application form in the
required format and submit to the competent authority together
with the following documents:
(1) The original copy of the Catch Statistical Document of fresh
bigeye or fresh swordfish.
(2) For any applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to the
transaction of the distant water fisheries operator and relevant
document(s) proving the trade shall be enclosed.
The Catch Statistical Document of frozen bigeye tuna or frozen
swordfish will be issued after the application as referred to in
the preceding paragraph is examined and determined to be
compliant with relevant requirements.
Article 17
In case of any of the following circumstances, the Catch
Statistical Document shall not be issued:
(1) Any of the circumstances stipulated in subparagraph (1)
to (3) of Article 11.
(2) For the application of the Catch Statistical Document of
frozen bigeye tuna or frozen swordfish, the fishing vessel
does not meet the provisions stipulated in Article 12.
(3) For the application of the Catch Statistical Document of
fresh bigeye tuna or fresh swordfish, the fishing vessel
does not meet the provisions stipulated in Article 12, or the
catches does not meet the provisions stipulated in Article 14.
(4) The Catch Statistical Document previously applied by the
applicant is not written off in accordance with Article 25,
or not cancelled in accordance with Article 26.
(5) During the period of fishing operation in which the
catches or fisheries products were caught, the fine imposed
upon the distant water fisheries operator by the competent
authority pursuant to the Act or the Fisheries Act has not been
paid completely or the suspension of fishing license imposed
upon the distant water fisheries operator has not been executed.
Article 18
For any application of the Legitimate Catch Certificate, the
fishing vessel shall meet the following requirements during its
fishing operation:
(1) It is not listed on the IUU fishing vessels list as
promulgated pursuant to Article 13, paragraph 2 of the Act.
(2) It has not violated any of the provisions stipulated in
Article 13, paragraph 1 of the Act; or Article 48, paragraph
1 of the Fisheries Act.
Article 19
For any application of the Legitimate Catch Certificate, the
applicant shall fill in application form in the required
format and submit to the competent authority together with the
following documents,:
(1) For any applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to the
transaction of distant water fisheries operator and relevant
document(s) proving the trade shall be enclosed.
(2) A copy of exportation and transport document/bill of
catches. The application for replacing the Legitimate Catch
Certificate with the EU Catch Certificate shall be exempted.
The Legitimate Catch Certificate will be issued after the
application as referred to in the preceding paragraph is
examined and determined to be compliant with relevant
requirements.
Article 20
In case of any of the following circumstances, the Legitimate
Catch Certificate shall not be issued:
(1) Any of the circumstances stipulated in subparagraph (1)
to (3) of Article 11, or subparagraph (5) of Article 17.
(2) The fishing vessel does not meet the provisions stipulated
in Article 18.
(3) The Legitimated Catch Certificate previously applied by
the applicant is not written off in accordance with Article 25,
or not cancelled in accordance with Article 26.
Article 21
For any catch applying for export to the EU, both the fishing
vessel and the carrier vessel shall pass the EU hygiene
inspection and be registered in the EU SANCO list, and during
the fishing operation, the provisions stipulated in Article 18
shall be met as well.
Article 22
For any application of the EU Catch Certificate, the applicant
shall fill in application form in the required format and
submit to the competent authority together with the following
documents:
(1) For the applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to the
transaction of the distant water fisheries operator and relevant
document(s) proving the trade shall be enclosed.
(2) A copy of exportation and transport document/bill of
catches.
(3) In the event that the Legitimate Catch Certificate has been
applied for the batch of catches or fisheries products, the
original copy of such Legitimate Catch Certificate shall be
enclosed.
The EU Catch Certificate will be issued after the application
as referred to in the preceding paragraph is examined and
determined to be compliant with relevant requirements.
Article 23
In order to confirm the authenticity of the signature column of
the in-port transshipment in the EU Catch Certificate, the
competent authority may contact the authorities concerned of
the port State to verify the signature information. In the case
that the confirmation from the port State concerned is not
received within 30 days, the application shall be denied.
Article 24
In case of any of the following circumstances, the EU Catch
Certificate shall not be issued:
(1) Any of the circumstances stipulated in subparagraph (2) or
(3) of Article 8; or subparagraph (1) or (2) of Article 11; or
subparagraph (5) of Article 17.
(2) The fishing vessel does not meet the provisions stipulated
in Article 21.
(3) The EU Catch Certificate previously applied by the applicant
is not written off in accordance with Article 25, or not
cancelled in accordance with Article 26.
(4) The weight of raw material catch applied for export exceeds
the actual landing amount of the fish species during the period
of fishing operation, or the weight of processed fisheries
products applied for export does not match with that recorded on
the hygiene certificate.
(5) The signature column of the in-port transshipment in the EU
Catch Certificate is not signed by the authorities concerned of
the port State, or the signature is confirmed as not authentic.
(6) The exporter recorded in the EU Catch Certificate is not the
applicant.
Article 25
Except for the circumstances stipulated in paragraph 3, any
applicant for any catch certificates shall, within two months
after the issuance of catch certificates, fill in the
Write-offs Application Form and submit to the competent
authority together with the following documents for write-offs:
(1) For the Catch Origin Certificate: a copy the quarantine
certificate of exported animal product.
(2) For the Catch Statistical Document, Legitimate Catch
Certificate, and EU Catch Certificate: a copy of the document
proving the customs clearance and the document(s) proving the
trade between the applicant and foreign buyer(s).
(3) For the Legitimate Catch Certificate used for the
application of the export permit under the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora: a copy of the export permit under the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora issued by the Bureau of Foreign Trade, Ministry of
Economic Affairs.
In case that the documents as referred to in the preceding
paragraph are not in Chinese, English or Japanese, copies of
Chinese translation shall be enclosed.
In any of the following circumstances, the applicant may be
waived to conduct write-offs of such catch certificate:
(1) For the Fishing Vessel Catch Certificate: such certificate
has been used in the application for exemption of import tax
and exemption of import control to the Customs Administration,
Ministry of Finance.
(2) For the Catch Statistical Document of fresh bigeye tuna or
fresh swordfish: such certificate has been used in the
application for the Catch Statistical Document of frozen bigeye
tuna or frozen swordfish.
(3) For the Legitimate Catch Certificate: such certificate has
been used in the application for the EU Catch Certificate.
Article 26
In case that any catch certificate is missing, not used for
some reasons or damaged, the applicant shall take the initiative
to apply to the competent authority for cancellation with the
following documents:
(1) Explanation for the cancellation.
(2) The original copy of the catch certificate that is not used
for some reasons or damaged.
(3) In case that the cause of cancellation is resulted after
the export of catches or fisheries products, the copy of the
shipping document for export and the proof slip of the export
declaration issued by the customs at the port of exportation
shall be enclosed.
The activity of using the cancelled catch certificate or its
copy shall be deemed as using catch certificate documents not
issued to the catch concerned stipulated in subparagraph (17)
of Article 13, paragraph 1.
Article 27
In the event that the catch certificate has been cancelled in
accordance with Article 26, paragraph 1, the applicant may apply
for the re-issuance to the competent authority.
Article 28
In case that the application form submitted, the required
documents or contents are incomplete for the application,
write-offs, cancellation or re-issuance of any catch
certificate, the competent authority shall notify the
applicant to supplement within the required timeframe. Failing
to supplement within the required timeframe or incomplete
supplementary shall be subject to denial of the application.
Article 29
These Regulations shall become effective on January 20, 2017. |