| Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 6,
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3;
and Article 24, paragraph 2 of the Act for Distant Water
Fisheries (hereinafter referred to as “the Act”).
Article 2
Terms used in these Regulations are defined as follows:
(1) “North Pacific Ocean” means the waters of the North
Pacific Ocean north of a line extending east along the 20°N
from the 140°E to the intersection with the 110°W, and the
waters of a line extending east along the 10°N from the 180°
meridian to the intersection with the 140°W (as shown in
Appendix 1).
(2) Independent third party” means any of the following
institutions recognized by the competent authority:
i. For Japan:
(i) Shinken Corporation.
(ii) Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii. For areas excluding Japan: the verifying institution which
obtains the accreditation for management system certification
from the Taiwan Accreditation Foundation (TAF).
(3) “Carrier vessel” means the following vessels that conduct
the transshipment of catches from saury fishing vessel(s) to
itself and transports to ports:
i. ‘Carrier vessel of the Republic of China’ refers to the
carrier vessel which has the fishing license of the Republic
of China.
ii. ‘Foreign carrier vessel’ refers to the carrier vessel,
excluding container vessel, which has the valid nationality
certificate of the flag State of a foreign country.
Article 3
Any fishing vessels proceeding to the north Pacific Ocean to
catch saury (hereinafter referred to as “saury fishing vessel”)
shall be limited to a fishing vessel with the squid jigging
registered as the main fishery on its fishing license that
part-time engages in saury stick-held net fishery .
Article 4
For any saury fishing vessel navigating through the water under
national jurisdiction of any foreign country, all fishing
equipment on board shall be stowed and secured, and such vessel
shall not conduct activities such as arrangement of fishing gears
or fishing, except that it has engaged in fisheries cooperation
with the foreign country concerned.
Chapter II Application and Issuance of the Distant Water Fisheries
Permit
Article 5
Any distant water fisheries operator intending to apply for the
distant water fisheries permit(s) for his/her fishing vessel(s)
to fish in the north Pacific Ocean in the following year shall
fill in the application form (format as shown in Appendix 2) and
submit it with the following documents:
(1) A copy of the valid fishing license which shall contain the
International Maritime Organization (IMO) ship identification
number.
(2) The following color photographs of the fishing vessel no
older than five years and the electronic files. The photos shall
clearly show the Chinese/English name of the vessel and its
international radio call sign (IRCS), and the size shall not be
smaller than 12 cm by 7 cm:
i. One photo that shows the complete length and structural
characteristics of the starboard side of the vessel;
ii. One photo that shows the complete length and structural
characteristics of the portside of the vessel; and
iii. One photo of the stern of the vessel taken directly from
behind the vessel.
(3) The document certified by the commissioned professional
institution that the automatic location communicator (ALC) on
board the fishing vessel can regularly and normally transmit
vessel positions.
(4) The document certified by the commissioned professional
institution that the electronic logbook (E-logbook) system on
board the fishing vessel can normally transmit catch data.
Article 6
Any distant water fisheries operator intending to apply for the
distant water fisheries permit for the following year shall
enclose the required documents as stipulated in Article 5 and
shall register to the Taiwan Squid Fishery Association
(hereinafter referred to as “the Squid Association”) by
November 30 of the current year. The Squid Association shall
compile and submit applications to the competent authority by
December 15 of the current year.
For any application for the distant water fisheries permit of
year 2017, documents stipulated in subparagraph (1), (3) and (4)
of Article 5 shall be enclosed and submitted to the Squid
Association for registration by 1 March 2017. The Squid
Association shall compile and submit applications to the
competent authority by 15 March 2017.
Article 7
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 5 and apply for the distant water fisheries permit to
the competent authority, notwithstanding the application
procedures and deadline prescribed in Article 6:
(1) The distant water fisheries operator of a fishing vessel has
changed;
(2) The distant water fisheries operator has obtained the
fishing license for the chartered fishing vessel;
(3) The distant water fisheries operator has obtained the
fishing license for the newly-built fishing vessel;
(4) The distant water fisheries operator who resumes the
operation after the suspension of the operation authorized
pursuant to Article 11 of the Fisheries Act has expired
(5) The distant water fisheries operator applies for the renewal
of the expired fishing license;
(6) The suspension of the fishing license has been executed
completely.
Article 8
A certificate of distant water fisheries permit will be issued
to the application approved by the competent authority. The
maximum period of validity of the permit shall be one year, and
shall not exceed that of the fishing license.
The certificate of distant water fisheries permit shall record,
both in Chinese and English, the following:
(1) The number of the certificate;
(2) The name, CT number, gross tonnage (GT), length overall
(LOA) and fisheries type of the fishing vessel;
(3) Name of the distant water fisheries operator;
(4) The authorized fishing Ocean and fishing period;
(5) The IRCS; and
(6) The IMO ship identification number
The distant water fisheries operator shall place onboard the
fishing vessel a copy of the valid distant water fisheries permit
in case of inspection.
Article 9
For any fishing vessel permitted to conduct saury fishery whose
information recorded on the application is changed or whose
external characteristic(s) differs from the photo(s) of the
vessel submitted, the distant water fisheries operator shall
provide, within three working days after such change, the Squid
Association with the new vessel information or new photos. The
Squid Association shall submit such information/photos to the
competent authority within three working days following the
receipt.
Chapter III Fishing Vessel Markings
Article 10
Fishing vessels shall be marked with vessel markings, including,
at least, the Chinese and English vessel name, name of registry
port, CT numbers and IRCS. The characters and the edges of
characters shall maintain clear and identifiable at all times.
Where fishing vessels are fishing or berthing at ports, the IRCS
shall be displayed clearly identifiable for the sighting by
other vessels from the water surface or airplanes from the air.
Article 11
The IRCS of a fishing vessel is its radio call sign.
The IRCS shall be painted with marine-specific paint, and the
characters shall be capital letters in English and Arabic
numerals. The height, width, and colors of characters shall
meet the specifications as shown in Appendix 3.
Article 12
The IRCS shall be placed above the waterline on both sides of
any fishing vessels and on a deck where the IRCS is not obscured
by fishing gear(s), and shall be clear of the bow, stern,
discharge or areas which might be prone to damage or
discoloration. In case that the lowest edge of characters is
under the waterline when the fish holds are full, the IRCS shall
be placed on the fishing vessel’s superstructure.
Chapter IV Management of Vessel Position Reporting
Article 13
The ALC on board shall be maintained functional at all time,
whether at sea or in port.
After port departure, any saury fishing vessel shall transmit at
least one vessel position hourly and any carrier vessel of the
Republic of China shall transmit at least one vessel position
in every two hours.
Fee for the services and communications of the ALC shall be
borne by distant water fisheries operators.
Article 14
In case that a fishing vessel needs to stay in a domestic port
for three days and above or in a foreign port for maintenance
or repair, its distant water fisheries operator may apply to the
competent authority with documentary proof for switching off
the ALC, which may only be switched off after obtaining approval.
The period of switching off the ALC as referred to in the
preceding paragraph shall not exceed six months for each
application. Extension may be applied in accordance with the
preceding provision before the period is expired.
Any fishing vessel shall not leave the port during the period of
switching off the ALC.
In the event that the ALC onboard is rebooted, the fishing vessel
may only leave the port after the commissioned professional
institution has confirmed that such ALC can regularly and normally
transmit vessel positions.
Article 15
Any fishing vessel shall carry at least one spare set of ALC on
board.
In case that the identification number of ALC on board has been
changed, the distant water fisheries operator shall notify the
competent authority or the commissioned professional institution
in writing.
Article 16
The ALC is deemed as signal-lost in the event that the
commissioned professional institution has not received positions
automatically transmitted by the ALC twice consecutively. In the
event that the ALC is signal-lost for three consecutive days, it
is deemed as malfunction.
The malfunctioning ALC shall be repaired no later than 30 days.
In the event that the ALC on board is signal-lost or
mal-functional, the distant water fisheries operator or the
captain shall send information related to vessel positions by
facsimile to the commissioned professional institution. The
vessel positions shall be recorded by automatic recording
satellite navigator for perusal in later days.
The transmit of vessel positions as referred to in the preceding
paragraph shall be hourly for any saury fishing vessel, and
every two hours for any carrier vessel of the Republic of China.
In the event that the ALC on board is mal-functional, the
competent authority shall be notified of using the spare set.
In case that the spare set is also mal-functional, the spare
set from other fishing vessel may be deployed after obtaining
the competent authority’s approval.
Article 17
In the event that the ALC onboard is deemed as signal-lost for
an accumulative period of five days and above, the competent
authority may order such fishing vessel to stop fishing
immediately and directly navigate to a designated port within
the required timeframe for repair. Such vessel shall not
leave the port until the commissioned professional institution
has confirmed that such ALC can regularly and normally
transmit vessel positions.
Any expense incurred from port return, port entrance and
testing of vessel positions as referred to in the preceding
paragraph shall be borne by the distant water fisheries
operator.
Chapter V Logbooks and Catch Reports
Article 18
In the event that any saury fishing vessel leaves a port, its
captain shall daily report catch data through the E-logbook
system designated by the competent authority, and shall
completely and accurately fill in the logbooks designated by
the competent authority, where there is any catch or not.
In case that any saury fishing vessel enters a port, the
logbooks as referred to in the preceding paragraph shall be
submitted by its distant water fisheries operator to the
competent authority in accordance with the following timeframe:
(1) For port entry into any domestic port: within three days.
(2) For port entry into any foreign port: within 60 days.
Article 19
In case of malfunction of the E-logbook system, the distant
water fisheries operator or the captain shall daily transmit
catch data via facsimile to the competent authority or the
commissioned professional institution. Such catch data shall be
signed by the distant water fisheries operator or the captain.
The malfunctioning E-logbook system shall be repaired no later
than 30 days.
In the event that the E-logbook system onboard is deemed as
mal-functional for an accumulative period of 15 days and above,
the competent authority may order such fishing vessel to stop
fishing immediately and directly navigate to a designated port
within the required timeframe for repair. The vessel shall not
leave the port until the commissioned professional institution
has confirmed that such E-logbook system can normally transmit
data.
Any expense incurred from port return, port entrance and testing
of the E-logbook system as referred to in the preceding
paragraph shall be borne by the distant water fisheries
operator.
Article 20
Any salmon, trout, sea turtle, seabird, whale shark, cetacean,
penguin or other prohibited species promulgated by the
competent authority incidentally caught by any saury fishing
vessel shall be released when caught alive or discarded dead,
and the number(s) be duly recorded on the logbooks.
Article 21
Any fish species of no economic value or no utilizing value
caught by any saury fishing vessel shall be released
immediately, and the number(s) discarded shall be duly recorded
on the logbooks.
Article 22
In case of bycatch of sharks by any saury fishing vessel, fins
shall not be fully cut off and shall be naturally attached to
carcasses for the disposal of shark fins, and the number(s)
of sharks shall be duly recorded on the logbooks.
Article 23
The E-logbook data or the logbook(s) submitted shall not be
altered or amended, unless there is apparent error with the
content and the competent authority has approved.
Article 24
The discrepancy between the catch amount recorded in the
E-logbook or the logbook during one fishing trip of any saury
fishing vessel and the actual landing amount shall not exceed
20% of the actual landing amount.
In the event that the discrepancy between the catch amount
recorded in the E-logbook or the logbook and the actual
landing amount exceeds 50% of the actual landing amount, it
shall be defined as “seriously misreporting” as referred to
in subparagraph (12) of Article 13, paragraph 1 of the Act.
Chapter VI The Designation and Management of Ports for
Transshipment or Landing
Article 25
Any fishing vessel intending to conduct transshipment or
landing at foreign ports shall be limited to Busan, Korea.
Any fishing vessel intending to conduct landing in mainland
China shall be limited to the designated ports stipulated in
the Regulations on Permission and the Management of Fishing
Vessels Sailing to Mainland China.
Article 26
Any carrier vessel intending to transship catches from any
saury fishing vessel shall meet any of the following
requirements:
(1) It is a carrier vessel of the Republic of China and has
obtained the distant water fisheries permit; or
(2) It is a foreign carrier vessel listed on the list of
authorized vessels of the North Pacific Fisheries Commission.
Article 27
Any carrier vessel of the Republic of China shall not transship
with, refuel or supply any fishing vessel not listed on the
authorized vessels list of the North Pacific Fisheries
Commission, or any fishing vessel that has altered its name or
registration number.
Article 28
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned which
transships catches from saury fishing vessel(s) on the
non-cooperative carriers list:
(1) The foreign carrier vessel has violated any provision
regarding vessel position reporting; or
(2) The foreign carrier vessel has violated any provision
regarding transshipment or landing.
Article 29
For any carrier vessel intending to transship in port or at sea,
the distant water fisheries operator shall submit the
transshipment plan and relevant information (as shown in
Appendix 4) and apply to the competent authority five working
days before the transshipment for approval.
In case of any addition to the list of saury fishing vessel(s)
in the transshipment plan approved by the competent authority,
the application shall be submitted three working days before
making such addition to the competent authority for approval.
The transshipment with the concerned saury fishing vessel(s)
may only be conducted after the approval has been granted. Any
application submitted after the prescribed deadline shall be
denied.
Article 30
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 29 shall
be denied:
(1) The carrier vessel concerned does not meet the requirements
stipulated in Article 26;
(2) Three years have not passed since the carrier vessel
concerned was listed on the non-cooperative carriers list; or
(3) The fine for violating the Act imposed on the carrier vessel
concerned has not been paid completely.
Article 31
Any saury fishing vessel or carrier vessel that intends to
conduct transshipment shall respectively apply for the approval
from the competent authority before the transshipment.
Any distant water fisheries operator or captain applying for
the approval as referred to in the preceding paragraph shall
fill in the Transshipment Notification (format as shown in
Appendix 5) and submit it to the competent authority three
working days before the estimated date of transshipment.
Article 32
In case of any of the following circumstances, the competent
authority may not authorize the concerned saury fishing vessel
and the carrier vessel to transship at sea:
(1) The ALC on board is mal-functional and has not been
repaired.
(2) Entering into waters under national jurisdictions of other
countries without valid authorization during the fishing period
of the catches intending to be transshipped.
Article 33
In the event that the catch of any saury fishing vessel
transshipped in port is stored in a cold storage in a foreign
port or a container pending sales, an application shall be
made pursuant to Article 31 before re-transshipping such catch.
Article 34
The saury fishing vessel or carrier vessel which obtains the
approval to transship pursuant to Article 31 shall not conduct
the transshipment in the event that the ALC on board is
signal-lost and has not been repaired.
Article 35
For any carrier vessel that receives catches, it shall separate
catches from each individual saury fishing vessel and fill in
the transshipment declaration (format as shown in Appendix 6).
The distant water fisheries operator or the captain of any saury
fishing vessel and carrier vessel shall, within three working
days after the completion of transshipment, respectively submit
the transshipment declaration to the competent authority. In the
event that both the saury fishing vessel and the carrier vessel
are of the Republic of China, submission of the transshipment
declaration by such carrier vessel may be waived.
Article 36
The distant water fisheries operator or the captain of any saury
fishing vessel intending to enter a domestic/foreign port to land
the catch by itself, or by assigning a carrier vessel or
container vessel shall, three working days before the estimated
dated of the landing, fill in the Advance Notice of Landing
(format as shown in Appendix 7) and submit to the competent
authority for approval.
Fishing vessels may only apply for navigating from the fishing
area to the port(s) of Mainland China for landing in accordance
with the preceding paragraph after the completion of fishing
operations in the current year, and shall not load any object
from the Mainland China.
Article 37
The distant water fisheries operator or captain of any saury
fishing vessel shall submit the landing declaration (format as
shown in Appendix 7) to the competent authority within five
working days after the completion of landing.
The term “completion of landing” as referred to in the preceding
paragraph means a shipment of catch has completed its whole
weighing process at one fishing port during specific period. In
the event that catches have been landed in batches at different
ports, the landing declaration of each batch of catch shall be
submitted separately within the deadline as prescribed in the
preceding paragraph.
Article 38
The distant water fisheries operator and captain of any fishing
vessel shall accept port inspections conducted by the competent
authority or the independent third party for the verification
of the catch landed or transshipped.
The distant water fisheries operator or captain of any saury
fishing vessel that is designated by the competent authority to
be inspected shall comply with the following:
(1) For inspections conducted by the competent authority: the
landing or transshipment shall be started only after the
personnel of the competent authority has arrived.
(2) For inspections conducted by the independent third party:
application and contact with the independent third party shall
be made, and the landing or transshipment shall be started only
after the personnel of the independent third party has arrived.
The cost incurred from any inspection on catches conducted by
the independent third party at the foreign ports shall be borne
by the distant water fisheries operator of the vessel being
inspected.
Article 39
The distant water fisheries operator of any saury fishing vessel
shall, within 60 days after the completion of sale or landing,
submit sales or inventory information to the competent authority.
The sales information shall at least include buyer(s), fish
species and quantities.
Chapter VII Observation or Inspection during Fishing Operations
Article 40
The distant water fisheries operator of any fishing vessel that
receives the observer dispatched by the competent authority
shall comply with the following:
(1) He/she shall notify the competent authority in writing seven
days before the date of intended port entry or departure.
(2) To embark and disembark the observer at the time and place
informed by the competent authority.
(3) To provide the observer, while onboard the vessel, with food,
accommodation, adequate sanitary amenities, and medical
facilities of a reasonable standard equivalent to those normally
available to an officer onboard the vessel.
(4) To instruct the captain and crew of the vessel matters
related to the cooperation with or assisting the observer in
carrying out the duties.
Article 41
The captain of any fishing vessel that receives the observer
dispatched by the competent authority shall comply with the
following:
(1) The captain shall attend the pre-sail training course given
by the competent authority.
(2) When an observer is on board the fishing vessel, the captain
shall inform the observer of the daily routine, personal safety
and vessel equipment.
(3) The captain shall cooperate with and assist the observer in
carrying out duties, and shall not evade, obstruct or refuse to
answer the inquiry related to the observation mission.
(4) The captain shall not interfere with, assault, intimidate,
or bribe the observer.
(5) The captain shall provide the observer with adequate space,
facilities, equipment and information on the vessel necessary
for his daily living and for carrying out his/her duties.
(6) The captain shall request the crew to comply with the
provisions stipulated in the preceding three subparagraphs.
(7) The captain shall sign on the record(s) of observation
written by the observer. In case there are different views on
the record(s) of the observer, captain’s opinions may be added.
(8) The captain shall ensure the safety of the observer. In case
of emergency or distress, special care and refuge shall be
provided to the observer.
Article 42
In the event of boarding and inspection conducted by the
inspector(s) dispatched by the competent authority, any captain
and crew of the inspected vessel shall cooperate with, facilitate
the safe boarding and disembarkation of the inspector(s), and
provide the inspector(s) with adequate space, facilities and
equipment for carrying out the duties.
Chapter VIII Special Management Measures for High Risk Fishing
Vessels
Article 43
Matters related to the management of high risk fishing vessels
categorized by the competent authority shall be governed by this
Chapter. Matters not stipulated in this Chapter shall be
governed by these Regulations.
Article 44
Any distant water fisheries operator of the high risk fishing
vessels shall, starting from the date that the competent
authority informs the distant water fisheries operator of such
vessel, comply with the special management measures as follows:
(1) Any high risk fishing vessel shall not engage in fisheries
cooperation by means of being chartered to any foreigner.
(2) For each fishing trip of such vessel, the observer dispatched
by the competent authority shall be carried on board, or the
functional electronic monitoring equipment shall be installed on
board before leaving a port. For such vessel that has carried on
board the observer who meets the requirement of the international
fisheries organization(s), it shall be exempted.
(3) The vessel positions shall be transmitted hourly at least.
(4) Catch reports shall be conducted in accordance with
provisions stipulated in Chapter V.
(5) Such vessel shall not conduct at-sea transshipment.
(6) In case of transshipment or landing in port, inspections
shall be conducted by the competent authority or the independent
third party.
Article 45
In the event that any high risk fishing vessel does not violate
any regulation for one year starting from the date of being
listed as high risk fishing vessel, such vessel shall be
de-listed and exempted from the special management measures.
Chapter IX Supplemental Provisions
Article 46
To prevent harming marine living species, any fishing vessel
shall not dispose any type of plastic trash or discharge any oil
on the sea.
Article 47
Cartons for packing saury shall be marked with the date of
harvesting the catch in an appropriate manner.
Article 48
These Regulations shall become effective on January 20, 2017.
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