| Article 1
These regulations are etablished in accordance with Article 22,
paragraph 3 of the Act for Distant Water Fisheries (hereinafter
referred to as the Act).
Article 2
Any foreign flag fishing vessel applying for port entry into the
Republic of China shall not have any of the circumstances
stipulated in Article 22, paragraph 2 of the Act, and shall meet
the following conditions:
(1) The fishing vessel is listed in the approved vessel list(s)
of the international fisheries organization(s) or holds a valid
fishing license or fishing authorization document issued by the
flag State.
(2) The fisheries type(s) conducted by the fishing vessel is not
gillnet fishery.
Article 3
Port entry of any foreign flag fishing vessel into the Republic
of China shall be limited to Keelung Port, Kaohsiung Port,
Chen-Pin Fishing Harbor, and Chien-Chen Fishing Harbor.
Activities after the port entry as referred to in the preceding
paragraph shall be limited to landing in port, transshipment in
port or repair of fishing vessels.
Article 4
For any foreign flag fishing vessel intending to enter into
ports of the Republic of China, the owner or the agent of such
vessel shall apply, 14 days prior to arriving at the port, to
the competent authority with the submission of the following
documents for the port entry approval, which will be granted
after examining the documents; for any foreign flag fishing
vessel whose last departuring port is less than 1,600 nautical
miles from the port applying for entry, the application may be
filed five days prior to arriving at the port:
(1) Advance Notice of Port Entry (format as shown in Appendix
1);
(2) Notification on Fishing, Transshipment or Landing (format
as shown in Appendix 2);
(3) A copy of nationality certificate of the vessel concerned;
(4) A copy of the fishing license or fishing authorization
document;
(5) A list of crew members (including name, nationality,
year/month/date of birth, positions on board, passports or
traveling document numbers) and copies of valid Certificate of
Fishing Officers;
(6) Three photos of the portside, of the starboard, and of the
stern of the vessel concerned. Each photo shall have a
resolution of at least 150 pixels per inch at a size of 6 by 8
inches and shall be no greater than 500 kilobytes (kB) in
size; and
(7) For carrier vessels, the fish hold layout of the vessel
concerned which can clearly distinguish catch species and
quantities of each fish hold shall be provided.
The agent as referred to in the preceding paragraph shall be
limited to the shipping agency of the Republic of China
authorized under the Shipping Act.
In case that the documents as referred to in paragraph 1 are
written in foreign language, a Chinese translation
authenticated by public notary of the Republic of China shall
be submitted. Such provision shall be exempted for the
documents written in English.
For any foreign flag fishing vessel applying for entering
Keelung Port or Kaohsiung Port, the owner or the agent of the
vessel concerned shall, after obtaining the port entry
approval as referred to in paragraph 1, apply for port entry
from the shipping administration authority.
In case of force majeure or distress, owners or agents of
foreign flag fishing vessels intending to enter Keelung Port
or Kaohsiung Port may applying for emergent port entry in
accordance with the Commercial Port Law, and shall be in
compliance with the provisions stipulated in paragraph 1 to
paragraph 3 within 24 hours after the port entry.
Article 5
In case that berths of Chen-Pin Fishing Harbor or Chien-Chen
Fishing Harbor are insufficient, the competent authority may
not approve the port entry applications offoreign flag
fishing vessels.
Article 6
Any owner or agent of foreign flag fishing vessel shall,
within 24 hours after the port entry, submit to the competent
authority the Port Entry Report (format as shown in Appendix
3).
Article 7
Before entering Chen-Pin Fishing Harbor or Chien-Chen Fishing
Harbor, any foreign flag fishing vessel shall complete
inspections regarding shipping administration, customs,
sanitary, immigration, disease containment, and quarantine in
Keelung Port or Kaohsiung Port.
Any foreign fishing vessel approved to enter the fishing
harbors as referred to in the preceding paragraph shall not
berth for more than five days.
For any foreign flag fishing vessel entering into ports of the
Republic of China that carries any crew from the Mainland
China, such vessel shall cooperate with the Coast Guard and
police authorities for security inspection(s). The Mainland
Chinese crew shall be placed in the temporary boarding house on
shore after inspection clearance.
The Mainland Chinese crew shall not leave the temporary boarding
house on shore or return to the foreign flag fishing vessel
concerned to assist in the work during the time of stay in the
temporary boarding house.The cost for temporary boarding shall
be borne by the owner or the agent of the foreign flag fishing
vessel concerned.
Article 8
In case of any of the following circumstances, the competent
authority may revoke the port entry approval of any foreign
flag fishing vessel, and notify the shipping administration
atuhority:
(1) After the port entry, the foreign flag fishing vessel has
engaged in any activity inconsistent with the purpose as
indicated in the application.
(2) The foreign flag fishing vessel has not entered the port for
more than two days after its estimated time of arrival.
Article 9
Any foreign flag fishing vessel entering into ports of the
Republic of China shall berth, land, transship or be repaired at
the area(s) designated by the competent authority of the port.
Article 10
Any foreign flag fishing vessel entering into ports of the
Republic of China for landing or transshipment shall pay
relevant cost incurred from inspection(s) before commencing the
landing or transshipment.
The time for landing or transshipment as referred to in the
preceding paragraph shall be 6 a.m. to 18 p.m. every day. Any
catch that is not yet landed or transshipped shall be sealed in
the fish hold(s) by the competent authority, and such fish
hold(s) shall not open unless the competent authority has
approved.
The inspection(s) and the sealing of fish hold(s) as referred to
in the preceding two paragraphs may be commissioned by the
competent authority to affiliated agency/institution(s), the
government of municipality, county or township, or other
institution(s), legal person(s), or organization(s).
The owner or agent of any foreign flag fishing vessel shall
submit the landing or transshipment declaration to the competent
authority within two days after the completion of landing or
transshipment.
In case that the purpose of any foreign flag fishing vessel
entering into ports of the Republic of China is for only
repairing, such vessel shall not land or transship.
Article 11
For any foreign flag fishing vessel entering into ports of the
Republic of China for landing or transshipment, the discrepancy
between the amount recorded in its Notification on Fishing,
Transshipment or Landing and the actual landing or transshipment
amount shall not exceed 10% of the actual landing or
transshipment amount.
Article 12
The owner or agent of any foreign flag fishing vessel approved
to enter into ports of the Republic of China shall submit to
the competent authority the Notification of Port Departure
(format as shown in Appendix 4) one day prior to the port
departure.
Article 13
These Regulations shall enter into force on January 20, 2017. |