| Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 2,
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) “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).
(2) “Carrier vessel” means the following vessels that conduct
the transshipment of catches from squid jigging 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 distant water fishing vessel conducting squid jigging
fishery (hereinafter referred to as “squid jigging fishing
vessel”) shall be limited to a fishing vessel with the squid
jigging registered as the main fishery on its fishing license.
Article 4
Fishing areas for squid jigging fishing vessels are divided as
follows (as shown in Appendix1):
(1) North Pacific Ocean fishing area: 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.
(2) Eastern Pacific Ocean fishing area: the waters of western
Pacific Ocean east of 110°W and west of 70°W.
(3) Southwestern Atlantic Ocean fishing area: the waters of the
Atlantic Ocean south of 35°S, west of 50°W, and north of 70°W.
Squid jigging fishing vessels shall fish only within the fishing
area(s) permitted by the competent authority.
For any squid jigging 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 each fishing area in the following year shall fill
in the application form (formats 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
should 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.
The fishing area shall be selected in accordance with Article
4 for any squid jigging fishing vessel while filling in the
application form. Multiple fishing areas may be applied.
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
October 15 of the current year. The Squid Association shall
compile and submit applications to the competent authority by
October 31 of the current year.
For any application for the distant water fisheries permit of
north Pacific Ocean fishing area 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, paragraph 1 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; or
(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, fishing area(s), 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 squid jigging
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 squid jigging 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 squid jigging
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. The 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
Article18
In the event that any squid jigging 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 squid jigging 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 squid jigging
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 squid jigging 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 squid jigging 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 squid
jigging 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 the following
ports in accordance with its authorized fishing area(s):
(1) Eastern Pacific Ocean fishing area: Callao, Peru.
(2) North Pacific Ocean fishing area: Busan, Korea.
(3) Southwestern Atlantic Ocean fishing area: Montevideo,
Uruguay.
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.
Article26
Any carrier vessel of the Republic of China that intends to
transship catches from squid jigging fishing vessel(s) shall
obtain the distant water fisheries permit.
Any foreign carrier vessel intending to transship catches
from squid jigging fishing vessel(s) shall meet any of the
following requirements:
(1) Any foreign carrier vessel intending to transship catches
from squid jigging fishing vessel(s) of the eastern Pacific
Ocean fishing area shall be listed on the list of authorized
vessels of the South Pacific Regional Fisheries Management
Organization, and shall be installed with the ALC which meets
the standards specified by the competent authority. At least
one vessel position in every two hours shall be sent to the
commissioned professional institution
(2) Any foreign carrier vessel intending to transship catches
from squid jigging fishing vessel(s) of the north Pacific
Ocean fishing area shall be listed on the record of 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 lists of the North Pacific Fisheries
Commission or the South Pacific Regional Fisheries Management
Organization, or any fishing vessel that has altered its name
or registration number.
For any fishing vessel intending to engage in supplying or
refueling with other vessel(s) in the Convention Area of the
South Pacific Regional Fisheries Management Organization, it
can engage in such activities only with vessel(s) listed on
the authorized vessels list of the South Pacific Regional
Fisheries Management Organization.
Article 28
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned which
transships catches from squid jigging 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 squid jigging fishing
vessel(s) in the transshipment plan authorized 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 squid jigging
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 squid jigging 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 squid jigging 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 squid jigging fishing vessel
transshipped in port is stored in a cold storage in a foreign
port or a container pending for sales, an application shall be
made pursuant to the Article 31 before re-transshipping such
catch.
Article 34
The squid jigging 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 squid jigging fishing vessel and
fill in the transshipment declaration (format as shown in
Appendix 6).
The distant water fisheries operator or the captain of any squid
jigging 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 squid jigging fishing vessel and the
carrier vessel are of the Republic of China, submission of the
transshipment declaration from the distant water fisheries
operator or captain of such carrier vessel may be waived.
Article 36
The distant water fisheries operator or the captain of any
squid jigging 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 squid
jigging fishing vessel shall submit the landing declaration
(format as shown in Appendix 7 for the north Pacific Ocean
fishing area and Southwestern Atlantic Ocean fishing area;
Appendix 8 for the eastern Pacific Ocean fishing area) 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.
For catches from the eastern Pacific Ocean fishing area
transshipped by commissioning any carrier vessel, the distant
water fisheries operator or the captain of such carrier vessel
shall submit the Eastern Pacific Ocean Carrier Vessel Landing
Declaration (as shown in Appendix 9) to the competent
authority within five working days following the completion of
landing of all the commissioned catches from the squid
jigging fishing vessel(s).
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 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 squid jigging
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
These Regulations shall become effective on January 20, 2017. |