| Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 6,
paragraph 2; Article 10, paragraph 2; and Article 11, paragraph
3 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) “Tuna longline fishing vessel” means any fishing vessel
targeting highly migratory fish species such as tunas,
billfishes, sharks, skipjacks or mahi mahi with longline fishing
gears.
(2) “Fishing year” means the period starting from April 1 of
the current year to March 31 of the following year.
(3) “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)
Article 3
Any distant water fisheries operator shall not conduct southern
bluefin tuna fishing operation without authorization from the
competent authority.
Fishing vessels intending to catch southern bluefin tuna shall
be limited to tuna longline fishing vessels of 100 Gross Tonnage
(GT) and above.
Article 4
For the purpose of these Regulations, the species with catch
limit as referred to in subparagraph (7) of Article 13,
paragraph 1 of the Act means southern bluefin tuna.
Article 5
Tuna longline tuna fishing vessels catching southern bluefin
tuna (hereinafter referred to as “southern bluefin tuna fishing
vessels”) are categorized into the following groups:
(1) Seasonal targeting group, which targets southern bluefin
tuna and can be categorized into the following three groups:
i. Southcentral Indian Ocean group;
ii. Southwestern Indian Ocean group; and
iii. Domestic sale group: fishing vessels in this group shall
ship back to the Republic of China a specific amount of southern
bluefin tuna as promulgated by the competent authority for
domestic sale.
(2) Bycatch group, which not targets southern bluefin tuna.
Article 6
Fishing areas for the fishing vessels of the seasonal targeting
group are divided as follows and as shown in Appendix 1:
(1) For southcentral Indian Ocean group and domestic sale group:
the area of the Indian Ocean south of 28°S, east of 45°E and west
of 150°E (hereinafter referred to as “southcentral Indian Ocean
fishing area”).
(2) For southwestern Indian Ocean group: the area of the Indian
Ocean south of 28°S, and between 20°E and 45°E (hereinafter
referred to as “southwestern Indian Ocean fishing area”).
Any fishing vessel of the bycatch group shall only catch
southern bluefin tuna in the fishing area pertained to its
distant water fisheries permit of the Pacific, Atlantic or
Indian Ocean respectively.
Article 7
The number of vessels in each group shall be promulgated by the
competent authority in accordance with the resolutions of the
Commission for the Conservation of Southern Bluefin Tuna
(hereinafter referred to as “the CCSBT”).
Chapter II Application and Issuance of the Permit
Article 8
For the application of the permit of southern bluefin tuna, the
following conditions shall be met:
(1) The distant water fisheries operator shall be a member of
the Taiwan Deep Sea Tuna Boat-owners and Exporters Association
(hereinafter referred to as “Tuna Association”).
(2) The fishing vessel shall be a tuna longline fishing vessel
of 100 GT and above.
(3) The fishing vessel has installed with the electronic
logbook (E-logbook) system that can be filled in the
measurement data of the southern bluefin tuna by each fish and
can report catch data regularly and normally.
(4) The following distant water fisheries permit issued by the
competent authority for the current year has been obtained:
i. For seasonal targeting group: the permit for bigeye tuna
group or albacore tuna group in the Indian Ocean.
ii. For bycatch group: the permit for albacore tuna group in the
Pacific Ocean, albacore tuna group in the Atlantic Ocean,
bigeye tuna group in the Indian Ocean or albacore tuna group in
the Indian Ocean.
Article 9
Any distant water fisheries operator applying for the permit of
southern bluefin tuna for the following fishing year shall
enclose with evidential documents in accordance with Article 8,
and register to the Tuna Association by February 15 of the
current year. The Tuna Association shall compile applications by
group, and submit to the competent authority by February 25 of
the current year.
Article 10
For fishing vessels applying for each group of the seasonal
targeting group, the Tuna Association shall come up with a list
of vessel priority in accordance with the following sequence of
priority and submit to the competent authority:
(1) First priority: the fishing vessel has been authorized in the
seasonal targeting group in any of the past three fishing years,
and has actual fishing record.
(2) Second priority: the fishing vessel of albacore tuna group or
bigeye tuna group in the Indian Ocean.
In the event that fishing vessels applied cannot be prioritized
in accordance with the sequence of priority, the Tuna Association
shall draw lots to decide the priority in an equitable and
impartial manner.
Article 11
In the event that the number of fishing vessels obtaining the
permit of southern bluefin tuna is less than the limit of each
group of the current fishing year, the competent authority, in
addition to filling in the vacancy pursuant to the sequence of
priority prescribed in Article 10, may announce in due course to
accept applications, notwithstanding the application deadline
prescribed in Article 9.
In the event that the number of fishing vessels applied for the
domestic sale group is less than that promulgated by the
competent authority, the Tuna Association shall fill in the
vacancy by drawing lots from the fishing vessels applied for
southcentral Indian Ocean group of the current fishing year to
decide the priority in a equitable and impartial manner.
Article 12
Any distant water fisheries operator whose fishing vessel(s) is
under any of the following circumstances shall not be granted
the permit of southern bluefin tuna:
(1) For fishing vessels in the seasonal targeting group: the
actual landing amount of individual vessel in a fishing year
exceeds 10% of its individual vessel quota of the same fishing
year, and the punishment imposed has not been executed
completely, or three years have not passed since the completion
of execution.
(2) For fishing vessels in the bycatch group: the actual landing
amount of individual vessel in a fishing year exceeds 30% of its
individual vessel quota of the same fishing year, and the
punishment imposed has not been executed completely, or three
years have not passed since the completion of execution.
(3) For fishing vessels in domestic sale group: the southern
bluefin tuna is not shipped back to the Republic of China for
domestic sale in accordance with Article 19, and the punishment
imposed has not been executed completely, or three years have
not passed since the completion of execution.
(4) For fishing vessels in the southcentral Indian Ocean group
or domestic sale group:
the distant water fisheries operator whose utilization rate of
individual vessel quota is 40% and above but less than 50% is
punished for not reporting for voluntary quota reduction in
accordance with Article 20, and such punishment has not been
executed completely or one year has not passed since the
completion of such execution; the distant water fisheries
operator whose utilization rate of individual vessel quota is
30% and above but less than 40% is punished for not reporting
for voluntary quota reduction in accordance with Article 20,
and such punishment has not been executed completely or two
years have not passed since the completion of such execution;
or the distant water fisheries operator whose utilization
rate of individual vessel quota is less than 30% is punished
for not reporting for voluntary quota reduction in accordance
with Article 20, and such punishment has not been executed
completely or three years have not passed since the completion
of such execution.
Article 13
A certificate of the permit of southern bluefin tuna will be
issued for the application approved by the competent
authority. The maximum validity of the permit shall be one year.
The certificate of the permit of southern bluefin tuna shall
record, both in Chinese and English, the following:
(1) The number of the certificate;
(2) The name, CT number, GT, length overall (LOA) and fisheries
type of the fishing vessel;
(3) Name of the distant water fisheries operator;
(4) The authorized fishing Ocean, group, fishing area(s), and
fishing period;
(5) The International Radio Call Sign (IRCS);
(6) The IMO ship identification number or LR number; and
(7) The incidental provisions: in the event that the distant
water fisheries permit of the fishing vessel is invalid during
the period permitted to catch southern bluefin tuna, the permit
of southern bluefin tuna shall be invalid simultaneously.
The distant water fisheries operator shall place onboard the
fishing vessel a copy of the valid permit of southern bluefin
tuna in case of inspection.
Article 14
Any fishing vessel that has obtained the permit of southern
bluefin tuna of the southcentral Indian Ocean group or
domestic sale group shall enter the southcentral Indian Ocean
fishing area by July 31 of the current year.
Any fishing vessel that has obtained the permit of southern
bluefin of the southwestern Indian Ocean group shall enter the
southwestern Indian Ocean fishing area by November 30 of the
current year.
For any fishing vessel failing to enter the fishing area it
belongs to by the deadline as stipulated in the preceding two
paragraphs, its permit of southern bluefin tuna shall be
revoked.
Chapter III Catch Limits or Quotas
Article 15
The total catch quota of southern bluefin tuna of the fishing
year (unprocessed round weight, hereinafter the same when
referring to “quota” in the following provisions) , the
individual vessel quota, and the amount of catch for
individual vessel to ship back to the Republic of China for
domestic sale shall be promulgated by the competent
authority in accordance with the resolutions of the CCSBT.
The period for using the quota as referred in the preceding
paragraph shall be from April 1 of the current year to March
31 of the following year.
In case that the number of fishing vessels obtaining the
permit of southern bluefin tuna of each group in the current
fishing year is below the limit, the total remaining quota
shall be arranged by the competent authority.
Article 16
The permit of southern bluefin tuna of the current fishing
year shall be obtained for granting the southern bluefin tuna
quota of the current fishing year. For the fishing vessel
which has not obtained such permit of the entire year, the
quota shall be granted in accordance with the percentage
which the number of month(s) approved accounting for the
whole fishing year.
Article 17
The catch amount (unprocessed round weight, hereinafter the
same when referring to “ catch amount” in the following
provisions) of southern bluefin tuna caught by any southern
bluefin tuna fishing vessel shall not exceed the individual
vessel quota allocated for the current fishing year. In case
of excess, the quota of such fishing vessel for the following
fishing year shall be deducted accordingly.
Article 18
In case of any of the following conditions, the competent
authority shall grant the quota of the current fishing year
in accordance with the percentage which the number of month(s)
that the southern bluefin fishing vessel actual fishes
accounting for the whole fishing year; shall retrieve the
quota on a pro-rata basis from the vessel which has been
granted the quota; or shall deduct the quota allocated for
the following fishing year in the event that the quota is
unable to be retrieved from the vessel:
(1) The southern bluefin tuna fishing vessel is punished by
the competent authority of the suspension of the fishing
license for one month and above.
(2) The southern bluefin tuna fishing vessel is detained in
the port by foreign government.
Article 19
For any fishing vessel of the domestic sale group, the amount
of its catch of southern bluefin tuna shipped back for
domestic sale shall not be below the amount promulgated
pursuant to Article 15, paragraph 1.
Article 20
In the event that the catch amount of any fishing vessel of
the southcentral Indian Ocean group or the domestic sale
group that has obtained the permit of southern bluefin tuna
is less than 50%, the distant water fisheries operator shall
report the amount of voluntary quota deduction to the Tuna
Association by August 15 of the current year, and the Tuna
Association shall forward it to the competent authority.
Article 21
In the event that the accumulated catch amount of southern
bluefin tuna caught by fishing vessels of the Republic of China
reaches 95% of the total catch quota of the current fishing
year, the competent authority may order fishing vessels to
stop catching southern bluefin tuna by a deadline and to leave
fishing area(s) by a deadline.
Article 22
The competent authority may, after August 15 of the current
year, announce the additional southern bluefin tuna quota that
can be applied for.
Applicants of the additional quota as referred to in the
preceding paragraph shall meet the following requirements:
(1) The utilization rate of individual vessel quota of southern
bluefin tuna has reached 50% and above.
(2) The fishing vessel has not left its fishing area.
Article 23
In the event that a southern bluefin tuna fishing vessel
cooperates with the competent authority to carry out relevant
experimental research or management measure, the competent
authority may grant additional catch quota as reward.
Chapter IV Management of Catch Tagging
Article 24
Any distant water fisheries operator shall, before the fishing
operations of fishing vessel(s), pay the cost of tags to the
Tuna Association, and apply to the competent authority, with
the submission of a payment receipt, for the issuance of
southern bluefin tuna tags (hereinafter referred to as the
“tags”).
For any fishing vessel entering the fishing area without
applying for the tags in accordance with the preceding
paragraph, the competent authority shall revoke its permit
of southern bluefin tuna.
Any southern bluefin tuna fishing vessel shall apply for the
tags in accordance with the first paragraph before the tags
are exhausted during operation at sea, and the southern bluefin
tuna may only be tagged at the time of landing in port after
the approval from the competent authority is obtained.
Article 25
Any southern bluefin tuna shall be tagged at the appropriated
position in case of being caught by any fishing vessel, and the
length, weight, and the serial number of the tag shall be
recorded on the Catch Tagging Form, whose format is as shown
in Appendix 2.
Article 26
Any tag on southern bluefin tuna shall be remained on the fish
at least up to the first point of sale.
In the event that the tag detaches and cannot be re-attached,
a unused replacement tag shall be attached immediately, and
the serial number of the replacement tag and detached tag shall
be recorded in the record sheet. In case that the serial
number of the detached tag is unknown, recording may be
exempted. The format of the record sheet is as shown in
Appendix 3.
The record sheet as referred to in the preceding paragraph
shall, within 3 days after the landing, be submitted in
writing to the Tuna Association for forwarding to the
competent authority for perusal.
Chapter V Logbook, Catch report and Mitigation Measures for
Incidental Catch
Article 27
For any southern bluefin tuna fishing vessel that leaves a
port, its captain shall daily report the length, weight,
serial number of the tag of each southern bluefin tuna through
the E-logbook system, and shall completely and accurately
fill in the logbook designated by the competent authority,
whether there is any catch or not.
In the event that the southern bluefin tuna fishing vessels
as referred to in the preceding paragraph has exhausted its
quota for southern bluefin tuna, any southern bluefin tuna
subsequently caught shall be discarded immediately and the
amount of discard shall be recorded in the logbook and the
E-logbook system, and any fishing vessel of the seasonal
targeting group shall leave the fishing area as well.
In the event that the E-logbook logbook system onboard the
fishing vessel is malfunctional, the distant water fisheries
operator or the captain shall daily transmit the catch data
to the Tuna Association for forwarding to the competent
authority for perusal. Such catch data shall be signed by the
distant water fisheries operator or the captain.
Article 28
During one fishing trip of any southern bluefin tuna fishing
vessel, for any fishing vessel of the seasonal targeting
group, the discrepancy between the catch amount of the
southern bluefin tuna recorded in the E-logbook or the logbook
and the actual landing amount shall not exceed 5% of the
actual landing amount. For any fishing vessel of the bycatch
group, such discrepancy shall not exceed 10%.
Article 29
Any of the following circumstance shall be defined as
“seriously misreporting” as referred to subparagraph (12)
of Article 13, paragraph 1 of the Act:
(1) For any fishing vessel of the seasonal targeting group,
the discrepancy between the catch amount recorded in the
E-logbook or the logbook and the actual landing amount exceeds
two metric tons as well as 20% of the actual landing amount.
(2) For any fishing vessel of the bycatch group, the
discrepancy between the catch amount recorded in the E-logbook
or the logbook and the actual landing amount exceeds 300
kilograms as well as 30% of the actual landing amount.
Article 30
Any southern bluefin tuna fishing vessel proceeds to operate
in area south of 25°S shall employ at least two seabird
mitigation measures, one of which shall be tori lines, the
other shall be either the night setting with minimum deck
lights or weighted branch lines. Specifications are as shown
in Appendix 4.
The seabird mitigation measures taken during each fishing
operation of fishing vessel shall be recorded in the
E-logbook and logbook.
Chapter VI The Designation and Management of Ports for
Transshipment or Landing
Article 31
The southern bluefin tuna catch of any fishing vessel shall
be limited to in-port transshipment or in-port landing. For
a carrier vessel which carries the regional observer on
board dispatched by the Indian Ocean Tuna Commission (IOTC)
or the International Commission for the Conservation of
Atlantic Tunas (ICCAT), and the distant water fisheries
operator of the fishing vessel who has paid the cost to
implement the regional observer program in accordance with
the provisions in the regulations of respective Ocean,
at-sea transshipment may be conducted.
Article 32
The transshipment of southern bluefin tuna by any southern
bluefin tuna fishing vessel or carrier vessel shall be
conducted in accordance with the “Regulations for Tuna
Longline Fishing Vessels Proceeding to the Atlantic Ocean for
Fishing Operation” or “Regulations for Tuna Longline
Fishing Vessels Proceeding to the Indian Ocean for Fishing
Operation”. Any southern bluefin tuna fishing vessel of the
bycatch group that operating in the Pacific Ocean shall only
land in a domestic port.
The carrier vessel as referred to in the preceding paragraph
shall be included in the list of carrier vessels of the
CCSBT.
Within 24 hours after the completion of transshipment by the
carrier vessel as referred to in paragraph 1, the
Transshipment Declaration of ICCAT or IOTC that contains
southern bluefin tuna catch shall be submitted to the
Secretariat of CCSBT and the competent authority.
Article 33
The foreign ports for landing or transshipment of southern
bluefin tuna shall be limited to Cape Town of South Africa
or Port Louis in Mauritius.
Any distant water fisheries operator intending to land or
transship southern bluefin tuna in the ports as referred to
in the preceding paragraph shall, seven working days before
the estimated date of entry into port, notify the competent
authority through the Tuna Association, and shall, upon entry
into port, accept the port inspections conducted by personnel
dispatched by the competent authority or independent third
party for the verification of the catch landed or
transshipped.
For the southern bluefin tuna sold directly to Japan through
at-sea transshipment, the distant water fisheries operator
shall, seven working days before the estimated date of such
catch arriving in Japan, report the estimated date of arrival
to the competent authority, and shall accept the port
inspections conducted by the independent third party for the
verification of the catch landed.
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 fishing
vessel being inspected.
Article 34
The domestic port for the landing of southern bluefin Tuna
shall be limited to Chienchen Fishing Harbor in Kaohsiung.
Any distant water fisheries operator intending to conduct the
landing as referred to in the preceding paragraph shall,
seven working days before the entry into port of the fishing
vessel, notify the competent authority through the Tuna
Association, and shall, upon entry into port, accept the
inspections conducted by personnel dispatched by the competent
authority.
Article 35
The southern bluefin tuna that shall be shipped back by the
fishing vessel of the domestic sale group shall arrive in the
Republic of China before March 31 of the following fishing
year and shall not be exported.
Article 36
Any shipment of southern bluefin tuna back to the Republic of
China by commercial cargo vessel, airplane, carrier vessel or
the fishing vessel itself shall be, seven working days before
taking delivery or seven working days before the arrival of
such fish product, notified to the competent authority, and
upon entry into port, inspections conducted by the personnel
dispatched by the competent authority shall be accepted.
Chapter VII Observation and Inspection during Fishing
Article 37
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 estimated 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 38
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 preceding three subparagraphs.
(7) The captain shall sign on the observation record(s) written
by the observer. In case there are different views on such
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 39
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 Catch Monitoring Form
Article 40
The applicant of southern bluefin tuna catch monitoring form
is limited to the distant water fisheries operator of the
fishing vessel that catches the southern bluefin tuna. The
format of the catch monitoring form is shown as Appendix 5.
Article 41
For the application of southern bluefin tuna catch monitoring
form, the applicant shall fill in and submit the application
form to the competent authority with the enclosure of the
following documents:
(1) The Notification Sheet of the Southern Bluefin Tuna Caught
by Fishing Vessel certified by the Tuna Association. The format
of the Notification Sheet is as shown in Appendix 6.
(2) A certificate showing the detailed amount of southern
bluefin tuna transshipped by a carrier vessel.
(3) A certificate issued by the Tuna Association proving the
distant water fisheries operator has paid the reimbursement
for the vessel reduction program in respect of the amount of
catch of frozen tuna and billfish recorded in the
transshipment declaration.
(4) The Catch Tagging Form.
(5) Three copies of the southern bluefin tuna catch monitoring
form with completed information in printing.
For any southern bluefin tuna catch that has been transshipped
at sea, the captain of the fishing vessel, the captain of the
carrier vessel and the regional observer shall confirm and
sign the transshipment column in the catch monitoring form.
Article 42
Any transshipment of southern bluefin tuna of the current
fishing year permitted to be kept in the fish hold(s) onboard
shall be completed before October 31 of the following fishing
year, and the application of the catch monitoring form shall
be made as well.
Article 43
In the event that the catches of southern bluefin tuna caught
by a fishing vessel is shipped back for domestic sale, the
distant water fisheries operator shall report the flow of
such catches to the competent authority when applying for the
catch monitoring form.
Article 44
In case of any of the following circumstances, in addition to
the punishments prescribed in Article 36, paragraph 1 to 4
or Article 41, paragraphs 1 and 2 of the Act and confiscation
of the catch pursuant to Article 43 of the Act, the
application for southern bluefin tuna catch monitoring
document shall be denied:
(1) The southern bluefin tuna is caught by any fishing vessel
listed in the list of illegal, unreported and unregulated
fishing vessels as promulgated in accordance with Article 13,
paragraph 2 of the Act.
(2) In violation of provisions stipulated in Article 13 of
the Act or Article 48, paragraph 1 of the Fisheries Act during
fishing operation of the fishing vessel.
(3) Catching southern bluefin tuna without the permit from the
competent authority.
(4) Failure to apply for transshipment or landing in accordance
with relevant regulations.
Article 45
The southern bluefin tuna catch monitoring form will be issued
for the application made in accordance with Article 41 and
approved by the competent authority after being examined.
The period of validity of the southern bluefin tuna catch
monitoring form shall be four years starting from the date
of completion of the landing.
Article 46
Any distant water fisheries operator that obtains the
southern bluefin tuna catch monitoring form shall, within 60
days after the customs clearance for exportation/distribution
of catches or fisheries products is completed, fill in the
Write-off Application Form and submit to the competent
authority for write-offs with the enclosure of the following
documents:
(1) The document on customs clearance issued by the importing
country. For catches exported from the Republic of China, a
copy of the customs export declaration shall be enclosed.
Catches shipped back to the Republic of China shall be exempted
from such provisions.
(2) The copy of sales information of catches.
In the event that the document enclosed with the application as
referred to in the preceding paragraph is not written in Chinese
or English, a Chinese translation shall be enclosed. For any
applicant that fails to enclose the Chinese translation, the
competent authority shall notify such applicant to supplement
necessary documents within the required timeframe. Failing to
supplement within the required timeframe shall be deemed as
failing to apply for write-offs.
Article 47
Provisions in the “Regulations for Issuing Distant Water
Fisheries Catch Certificates” shall apply, mutatis mutandis,
for the cancellation and re-issuance of southern bluefin tuna
catch monitoring form.
Chapter IX Supplementary Provisions
Article 48
In the event that southern bluefin tuna caught in the current
fishing year is accidentally damaged such that it is unfit for
sale, the distant water fisheries operator shall, within 15 days
after the occurrence of the damage, notify the cause of damage
in writing through the Tuna Association to the competent
authority.
Article 49
These Regulations shall become effective on January 20, 2017. |