| 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) “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) “Tuna purse seine fishing vessel” means any fishing
vessel targeting tunas and skipjacks with purse seine fishing
gears.
(3) “Catching vessel” means tuna longline fishing vessel and
tuna purse seine fishing vessel collectively.
(4) The Area of “The Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (hereinafter referred to as ‘WCPFC
Convention Area’)” means the waters of the Pacific Ocean
bounded to the south and to the east by the following line:
from the south coast of Australia due south along the 141°
meridian of east longitude to its intersection with the 55°
parallel of south latitude; thence due east along the 55°
parallel of south latitude to its intersection with the 150°
meridian of east longitude; thence due south along the 150°
meridian of east longitude to its intersection with the 60°
parallel of south latitude; thence due east along the 60°
parallel of south latitude to its intersection with the 130°
meridian of west longitude; thence due north along the 130°
meridian of west longitude to its intersection with the 4°
parallel of south latitude; thence due west along the 4°
parallel of south latitude to its intersection with the 150°
meridian of west longitude; thence due north along the 150°
meridian of west longitude. The WCPFC Convention Area is as
shown in Appendix 1.
(5) The Area of “The Convention for the Establishment of an
Inter-American Tropical Tuna Commission” and “The
Convention for the Strengthening of the Inter-American
Tropical Tuna Commission Established by the 1949 Convention
between the United States of America and the Republic of
Costa Rica (hereinafter referred to as ‘IATTC Convention
Area’)” means the waters of the Pacific Ocean bounded by
the coastline of North, Central, and South America and by
the following lines: the 50°N parallel from the coast of
North America to its intersection with the 150°W meridian;
the 150°W meridian to its intersection with the 50°S
parallel; and the 50°S parallel to its intersection with the
coast of South America. The IATTC Convention Area is as
shown in Appendix 2.
(6) “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).
(7) “Carrier vessel” means the following vessels that
conducts the transshipment of catches from catching vessels
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.
iii. ‘Part-time carrier vessel’ refers to the tuna
longline fishing vessel which conducts part time the
transshipment of catches.
Article 3
Types of fishing vessels proceeding to the Pacific Ocean for
fishing operation are categorized as tuna longline fishing
vessels, tuna purse seine fishing vessels, and carriers of
the Republic of China.
Article 4
Fishing vessels proceeding to the Pacific Ocean to catch
tunas, billfishes, sharks, skipjacks, or mahi mahi shall be
limited to tuna longline fishing vessels of 20 Gross
Tonnage (GT) and above or tuna purse seine fishing vessels.
“Regulations on the Management of Catching Pacific Bluefin
Tuna” or “Regulations for Fishing Vessels Conducting
Southern Bluefin Tuna Fishery” shall also be applied to any
tuna longline fishing vessel catching Pacific bluefin tuna
or southern bluefin tuna.
Article 5
Fishing areas for tuna longline fishing vessels of 100 GT and
above (hereinafter referred to as “large scale longliners”)
fishing in the Pacific Ocean are divided as follows, and
are as shown in Appendix 3 and 4:
(1) Bigeye tuna fishing area: the area west of 150°W and
between 15°S to 20°N; and the area between 130°W to 150°W and
20°S to 25°N.
(2) North bigeye tuna fishing area: the area between 130°W to
150°W and 25°N to 40°N.
(3) East bigeye tuna fishing area: the area east of 130°W and
between 20°S to 20°N
(4) Albacore tuna fishing area: the area between the west of
130°W and the south of 10°S; and the area between the east of
130°W and the south of 15°S.
(5) North albacore tuna fishing area: the area between the west
of 130°W and the north of 10°N; and the area between the east
of 130°W and the north of 15°N.
Fishing areas for tuna longline fishing vessels of 20 GT and
above and lees than 100 GT (hereinafter referred to as “small
scale longliners”) fishing in the Pacific Ocean are divided
as follows and are as shown in Appendix 5:
(1) Western and central Pacific fishing area: the area west of
150°W.
(2) Eastern Pacific fishing area: the area between 130°W to
150°W and the south of 5°S and the north of 10°N; the area
between the east of 130°W and the south of 15°S and the north
of 10°N
(3) Eastern Pacific swordfish fishing area: the area between
130°W to 150°W and 5°S to 10°N.
The fishing area for tuna purse seine fishing vessels fishing
in the Pacific Ocean shall be limited to the area west of 150°W,
and such vessels shall not fish on the high seas north of 20°N
or south of 20°S.
Catching vessels shall fish only within the fishing area(s)
permitted by the competent authority.
Article 6
Tuna longline fishing vessels proceeding to the Pacific Ocean
for fishing operation are categorized, in accordance with
the GT, catch species and operation patterns, into the
following groups:
(1) For large scale longliners:
i. Bigeye tuna group: bigeye tuna as the target species.
ii. Albacore tuna group: albacore tuna as the target species.
(2) For small scale longliners:
i. General group: no specific target species.
ii. Frozen yellowfin tuna group: the fishing vessel with
freezing equipment which has more individual vessel quota of
bigeye tuna than the fishing vessel of general group.
iii. Seasonal sharks group: fishing vessels targeting sharks
during certain seasons and whose individual vessel quota of
bigeye tuna is less than fishing vessels of general group.
Article 7
Limits on the number of catching vessels fishing in the Pacific
Ocean are as follows:
(1)For large scale longliners:
i. Bigeye tuna group: the number of fishing vessels is limited
to 50, among which the maximum number of fishing vessels
fishing in the east bigeye tuna fishing area is limited to 10.
ii. Albacore tuna group: the number of fishing vessels is
limited to 51, among which the maximum number of fishing
vessels fishing in the north albacore tuna fishing area is
limited to 25.
(2) For small scale longliners:
i. Frozen yellowfin tuna group: the number is limited to 50.
ii. General group or seasonal sharks group: no limitation is
imposed. However, the maximum number of fishing vessels
fishing in the eastern Pacific fishing area is limited to 50,
among which the maximum number of those fishing in the eastern
Pacific swordfish fishing area is 12.
(3)The number of tuna purse seine fishing vessels is limited
to 34.
Chapter II Application and Issuance of the Distant Water
Fisheries Permit
Article 8
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 Pacific Ocean in the following year
shall fill in the application form, formats of which are as
shown in Appendix 6 to 9, in accordance with types of fishing
vessels and groups and submit it with the following documents:
(1) A copy of the valid fishing license. For any fishing vessel
over 100 GT, the copy of the fishing license shall contain the
International Maritime Organization (IMO) ship identification
number or Lloyd’s Register (LR) number.
(2) The color photograph of the fishing vessel no older than
three years. The photograph must show a stem-to-stern side view
of the vessel; clearly and legibly display the vessel name and
international radio call sign; be in the form of a single
electronic file and have a resolution of at least 150 pixels
per inch at a size of 6 by 8 inches; and be no greater than 500
kilobytes (kB) in size.
(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.
(5) The vessel tracking agreement form serving as an
authorization allowing the competent authority and the
international fisheries organization to track vessel positions.
He who has already provided such form shall be exempted from
this provision.
Article 9
The distant water fisheries operator who has applied for the
distant water fisheries permit pursuant to Article 8 shall
choose the fishing area in accordance with the following
provisions:
(1) Fishing vessels of bigeye tuna group can apply to fish in
the bigeye tuna fishing area. Such vessels may at the same
time apply for the east bigeye tuna fishing area.
(2) Fishing vessels of albacore tuna group can apply to fish
in the albacore tuna fishing area. Such vessels may at the
same time apply for the north albacore tuna fishing areas.
(3) Fishing vessels of frozen yellowfin tuna group can apply
to fish in the western and central Pacific fishing area.
(4) Seasonal sharks group or general group can apply to fish
in the western and central Pacific fishing area. Such vessels
may at the same time apply for the eastern Pacific fishing
area, and for vessels which apply for fishing in the eastern
Pacific fishing area, such vessels may also apply for the
eastern Pacific swordfish fishing area.
Article 10
Any fishing vessel that applies for the distant water fisheries
permit of the bigeye tuna group for the following year shall
meet any of the following conditions:
(1) It belongs to the bigeye tuna group in the current year
with the competent authority’s approval.
(2) It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the bigeye tuna
group.
Any fishing vessel that applies for the distant water fisheries
permit of the albacore tuna group for the following year shall
meet any of the following conditions:
(1) It belongs to the albacore tuna group in the current year
with the competent authority’s approval.
(2) It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the albacore tuna
group.
Any fishing vessel that applies for the distant water fisheries
permit of the frozen yellowfin tuna group for the following
year shall meet any of the following conditions:
(1) It belongs to the frozen yellowfin tuna group in the current
year with the competent authority’s approval and it has not
changed to fish in the Indian Ocean in the current year.
(2) It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the frozen yellowfin
tuna group.
Any fishing vessel that applies for the distant water fisheries
permit of the seasonal sharks group for the following year
shall meet any of the following conditions:
(1) From 2009 to 2015, the catch amount (unprocessed round
weight, hereinafter the same when referring to “catch amount”
in the following provisions) of sharks during one fishing
trip exceeds 50% of the total catch amount.
(2) It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the seasonal sharks
group.
Article 11
For the application of the distant water fisheries permit of
the following year, the documents prescribed in Article 8 shall
be submitted in accordance with the following procedures and
deadline:
(1) For any distant water fisheries operator of large scale
longliner(s) that is a member of the Taiwan Deep Sea Tuna
Boat-owners and Exporters Association (hereinafter referred to
as “Tuna Association”), it shall apply to the Tuna Association
before October 15 of the current year, which shall compile the
applications in accordance with the groups for delivery to the
competent authority before October 31 of the current year.
(2) For any distant water fisheries operator of large scale
longliner(s) that is not a member of the Tuna Association,
he/she shall apply to the competent authority before October 31
of the current year.
(3) For any distant water fisheries operator of small scale
longliner(s) that is a member of the Taiwan Tuna Longline
Association (hereinafter referred to as “Longline Association”),
he/she shall apply to the Longline Association before October
15 of the current year. The Longline Association shall compile
the applications in accordance with the groups and deliver to
the competent authority before October 31 of the current year.
(4) For any distant water fisheries operator of small scale
longliner(s) that is not a member of the Longline Association,
he/she shall apply to the competent authority before October 31.
(5) For any distant water fisheries operator of tuna purse
seine fishing vessel(s), he/she shall apply to the Taiwan Deep
Sea Tuna Purse Seiners Boat-Owners and Exporters Association
(hereinafter referred to as “Purse Seine Association”) before
October 15 of the current year. The Purse Seine Association
shall deliver the applications to the competent authority
before October 31 of the current year.
(6) For any distant water fisheries operator of carrier
vessel(s) of the Republic of China, he/she shall apply to the
competent authority before October 31 of the current year.
Article 12
In the event that the number of fishing vessels applying for
fishing in the east bigeye tuna fishing area exceeds the
prescribed limit, the Tuna Association shall, in an equitable
and impartial manner, draw lots to decide the priority.
For fishing vessels applying for fishing in the north albacore
tuna fishing area, 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 of the albacore tuna
group that obtains the distant water fisheries permit of the
current year and has fished over 75 days in the north albacore
fishing area.
(2) Second priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit of the
current year and has fished less than 75 days in the north
albacore fishing area.
(3) Third priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit of the
current year but does not obtain the permit to fish in the
north albacore tuna fishing area.
(4) Fourth priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit to fish
in the north albacore tuna fishing area in the current year but
does not proceed to fish in such area.
For fishing vessels applying for fishing in the eastern Pacific
fishing area, the Longline 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 which obtains the distant
water fisheries permit to fish in the eastern Pacific fishing
area and has historical catch record.
(2) Second priority: the fishing vessel which obtains the
distant water fisheries permit of the current year but does not
obtain the permit to fish in the eastern Pacific fishing area.
(3) Third priority: the fishing vessel which obtains the distant
water fisheries permit to fish in the eastern Pacific fishing
area in the current year but does not proceed to fish in such
area.
In the event that the number of applying fishing vessels in the
preceding two paragraphs exceeds the limits and the priority
cannot be decided in accordance with the provisions on the
sequence of priority, the competent authority shall draw lots
to decide the priority in an equitable and impartial manner.
In the event that the number of fishing vessels applying to
fish in the eastern Pacific swordfish fishing area exceeds the
limit, the competent authority shall draw lots to decide the
priority in an equitable and impartial manner.
Article 13
In the event that the number of fishing vessels obtaining the
distant water fisheries permits does not reach the limit of
each group of the current year, the vacancy shall be filled
pursuant to the sequence of priority prescribed in Article 12,
and the competent authority may announce in due course to
accept applications, notwithstanding the application deadline
prescribed in Article 11.
Article 14
The distant water fisheries operator who has obtained the
distant water fisheries permit of bigeye tuna group may apply to
the competent authority to fish in the north bigeye tuna
fishing area from April to September of the current year,
notwithstanding the application procedures and deadline
prescribed in Article 11.
Article 15
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 8 and apply for the distant water fisheries permit to the
competent authority, notwithstanding the application procedures
and deadline prescribed in Article 11:
(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.
In case that the distant water fisheries operator of any fishing
vessel that has obtained the distant water fisheries permit to
fish in the east bigeye tuna fishing area, north albacore tuna
fishing area, eastern Pacific fishing area, or eastern Pacific
swordfish area has changed during the period of validity of the
permit, and the new distant water fisheries operator applies for
the distant water fisheries permit in accordance with the
preceding paragraph, the competent authority shall authorize
such fishing vessel to continue fishing in the permitted fishing
area(s) in the current year.
Article 16
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, 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); and
(6) The IMO ship identification number or LR number. Fishing
vessels less than 100 GT shall be exempted from this provision.
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 17
In the event that the distant water fisheries operator who has
obtained the distant water fisheries permit to fish in the
north albacore tuna fishing areas or eastern Pacific fishing
areas waives such right, he/she shall apply to the competent
authority for the revocation of the permit before August 1 of
the current year.
Article 18
Fishing vessels intending to interchange the groups or fishing
Oceans shall apply for the application to the competent
authority.
In the event that a large scale longliner intends to change
the group or fishing Ocean with other fishing vessel, the
following provisions shall be met:
(1) Distant water fisheries operators of both vessels are
members of the Tuna Association;
(2) Both vessels have the valid certificates of distant water
fisheries permits;
(3) The fishing vessel intending to change to the bigeye tuna
group shall be equipped with ultra-low temperature devices,
and its distant water fisheries operator has made a guarantee
letter to assume the duty from the original fishing vessel
of bigeye tuna group to pay the reimbursement of the vessel
reduction program; and
(4) The penalty of suspending the fishing license has been
completely executed.
Small scale longliners are allowed to only the interchange
between the frozen yellowfin tuna group of the Pacific Ocean
and that of the Indian Ocean.
For any fishing vessel approved to change the group or fishing
Ocean, documents shall be provided to prove the fish holds
have been empted and the certificate of the distant water
fisheries permit originally issued shall be returned for the
issuance of the new certificate of distant water fisheries
permit after the change of fishing Ocean or group.
For any fishing vessel approved to change the group or fishing
area, the permit to fish in the east bigeye tuna fishing area
and north albacore tuna fishing area shall be denied. In case
that there is no applicant applying to fill in the vacancy in
the current year, such provision shall not be applied.
Chapter III Fishing Vessel and Fishing Gear Markings
Article 19
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 20
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 10.
Article 21
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.
Article 22
Boats and skiffs carried by any catching vessel shall bear the
same IRCS as the catching vessel concerned.
Article 23
Fishing gear(s) of any catching vessel shall be equipped with
signal flags, radar reflector buoys or other similar devices so
as to identify the position(s) and fishing area(s).
Chapter IV Fishing Gears and Methods, and Mitigation Measures
for Incidental Catch
Article 24
For any catching 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.
Article 25
For any tuna longline fishing vessel fishing in the WCPFC
Convention Area with hooks at a depth shallower than 100 meters
and targeting swordfish, any of the following mitigations
measures shall be used:
(1) Large circle hooks shall be used; or
(2) Fishes except for Cephalopods species shall be used as
baits, and the bait fishes shall remain intact.
For the fishing vessel whose catch amount of swordfish in a
single month exceeds 40% of its total catch amount of the same
month, such vessel shall be regarded as targeting swordfish.
The large circle hooks as referred to in paragraph 1 are hooks
that are above 3 inches and are circular or oval in shape. The
point is turned perpendicularly back to the shank. These hooks
shall have an offset not to exceed 10 degrees.
Article 26
Except for fishing vessels of seasonal sharks group, any tuna
longline fishing vessel shall not use shark lines as shown in
Appendix 11.
Article 27
Any tuna longline fishing vessel shall carry on board the line
cutter, de-hooker and scoop/dip net, formats of which are as
shown in Appendix 12, to release incidentally caught seabirds
and sea turtles.
Article 28
Any tuna longline fishing vessel fishing in the WCPFC Convention
Area shall use the seabird mitigation measures, specifications
of which are as shown in Appendix 13, in accordance with the
following provisions:
(1) When fishing in the WCPFC Convention Area north of 23°N, the
tuna longline fishing vessel shall use at least two seabird
bycatch mitigation measures which may be the installation of two
sets of tori lines or one set of tori line together with one
of the following measures: weighted branch lines, night setting,
management of offal discharge, blue dyed bait and deep setting
line shooter.
(2) When fishing in the WCPFC Convention Area south of 30°S,
the tuna longline fishing vessel shall use at least two seabird
bycatch mitigation measures, one of which shall be tori lines,
and the other shall be weighted branch lines or night setting.
Any tuna longline fishing vessel fishing in the IATTC
Convention Area south of 30°S and north of 23°N, as well as the
area bounded by the coastline at 2°N, west to 2°N-95°W, south
to 15°S-95°W, east to 15°S-85°W, and south to 30°S shall use
at least two different seabird bycatch mitigation measures, one
of which shall be tori lines and the other shall be night
setting, weighted branch lines, management of offal discharge
or line shooting device. The area is as shown in Appendix 14,
and the specifications of the seabird mitigation measures are
as shown in Appendix 15.
Chapter V Catch Limits or Quotas
Article 29
For the purpose of these Regulations, the species with catch
limit (hereinafter referred to as “fish species with catch
limit”) as referred to in subparagraph (7) of Article 13,
paragraph 1 of the Act means bigeye tuna.
Article 30
The annual total catch quota (unprocessed round weight,
hereinafter the same when referring to “quota” in the
following provisions) of the Republic of China in the Pacific
Ocean and the individual catching vessel quota shall be
promulgated by the competent authority in accordance with the
conservation and management measures.
The percentage of the annual total catch quota allocated to
the large scale longliners and small scale longliners is 57%
and 43% respectively.
The period for using the quota as referred to in paragraph 1
shall be from January 1 to December 31 of the current year.
In case that the number of fishing vessels obtaining the
distant water fisheries permits of each group in the current
year does not exceed the limit, the total remaining quota
may be arranged by the competent authority.
Article 31
The distant water fisheries permit of the current year shall
be obtained for granting the quota of the current year to
the catching vessel. For any catching vessel that has not
obtained the distant water fisheries permit of the entire
year, the quota shall be granted in accordance with the
percentage that the number of month(s) approved accounts for
the whole year.
Article 32
The catch amount of the fish species with catch limit or
that of striped marlin for any catching vessel shall not
exceed the quota allocated to the individual vessel for the
current year. In case of excess, the annual quota of such
fishing vessel for the following year shall be deducted
accordingly.
Article 33
In case of any of the following conditions, the competent
authority shall grant the quota of the current year in
accordance with the percentage that the number of month(s)
the catching vessel actual fishes accounts for the whole year
; shall retrieve the quota on a pro-rata basis from the
catching vessel which has been granted the quota; or shall
deduct the quota allocated for the following year in the
event that the quota is unable to be retrieved from the
vessel:
(1) The catching vessel is punished by the competent
authority of the suspension of the fishing license for one
month and above.
(2) The catching vessel is detained in the port by foreign
government.
Article 34
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding
paragraph means that the bigeye tuna catch amount of the
fishing vessel in a single month exceeds over 30% of its
total catch amount of the same month.
Any small scale longliner fishing in the area north of 20°N
shall not target albacore tuna.
The targeting of albacore tuna as referred to in the
preceding paragraph means that the albacore tuna catch amount
of the fishing vessel in a single month exceeds over 30% of
its total catch amount of the same month.
Article 35
For any tuna longline fishing vessel which changes the fishing
Ocean or group with other vessel pursuant to Article 18, its
individual vessel quota for the remaining period of its permit
shall be the remaining quota of that other vessel, and its
annual individual vessel quota of bigeye tuna shall be limited
as follows:
(1) For any large scale longliner: 330 metric tons.
(2) For any fishing vessel of the frozen yellowfin tuna group:
40 metric tons.
The annual bigeye tuna quota for any individual fishing vessel
of the general group and seasonal sharks group, regardless of
fishing Oceans, shall be limited to 20 metric tons and 10
metric tons respectively.
Article 36
Any large scale longliner may, at its discretion, transfer its
bigeye tuna quota allocated for each of its fishing areas in
the Pacific Ocean and shall report such transfer to the
competent authority for perusal. The total bigeye tuna quota
allocated to the individual large scale longliner in the WCPFC
Convention Area shall remain the same before and after the
transfer.
Article 37
In the event that the following requirements are met, the
bigeye tuna quota of a fishing vessel of the bigeye tuna group
may, through the coordination of the Tuna Association which
reports to the competent authority for approval, be
transferred to other fishing vessel(s) of the bigeye tuna
group:
(1) The bigeye tuna quota of the receiving fishing vessel shall
not exceed 330 metric tons after the transfer; and
(2) Both the transferring and receiving fishing vessels shall
not have any record of violation in the current year.
In the event that any fishing vessel of the bigeye tuna group
has transferred accumulated 30 metric tons of bigeye tuna
quota, it shall enter into a port for stop fishing for one
month in the current year; for the transfer of accumulated 60
metric tons of bigeye tuna quota, it shall enter into a port
for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in
accordance with the preceding paragraph, the starting and
ending dates of the period and the berthing location shall be
specified at the time when applying for the approval of
transferring quota from the competent authority.
In case that fishing vessels of the bigeye tuna group transfer
their quota of different fishing areas to each other and, after
such transfer, the total quota of such vessel in the entire
Pacific Ocean is less than its individual vessel quota in the
current year, the provision stipulated in the preceding two
paragraphs shall not apply.
Article 38
Fishing vessels of albacore tuna group may, through the
coordination of the Tuna Association which reports to the
competent authority for approval, transfers their bigeye tuna
quotas of different fishing areas to each other. The total
bigeye tuna quota of such fishing vessel in the Pacific Ocean
shall remain the same before and after the transfer.
Article 39
The competent authority may, after July of each year, announce
the additional bigeye tuna quota that can be applied for.
For the application of the additional quota as referred to in
the preceding paragraph, the following provisions shall be met:
(1) For the fishing vessel of bigeye tuna group: such fishing
vessel has received the bigeye tuna quota from other vessel(s),
and its accumulated 330 metric tons of bigeye tuna quota has
been used up to 70%.
(2) For the fishing vessel of frozen yellowfin tuna group: such
fishing vessel has used its bigeye tuna quota up to 70%.
The maximum additional quota for each fishing vessel as referred
to in the preceding paragraph shall be 70 metric tons for the
fishing vessel of bigeye tuna group and 40 metric tons for that
of frozen yellowfin tuna group.
The additional bigeye tuna quota acquired pursuant to paragraph
2 shall not be transferred.
Article 40
The competent authority may grant premium quota to the catching
vessel which cooperates with the competent authority to carry
out relevant experiments, researches or management measures.
12.5 metric tons of premium quota of bigeye tuna may be granted
for every accumulated 15 fishing days of any fishing vessel of
the bigeye tuna group fishing in the east bigeye tuna fishing
area, and the maximum of the premium quota granted may be 50
metric tons. The individual vessel quota of bigeye tuna and the
premium quota of such fishing vessel shall not be more than
400 metric tons in total.
The premium quota as referred to in the preceding paragraph
shall not be transferred.
Article 41
Except for fishing vessels of seasonal sharks group, any tuna
longline fishing vessel fishing in the WCPFC Convention Area
shall not target sharks.
The targeting of sharks as referred to in the preceding
paragraph means the catch amount of sharks during one single
month exceeds 50% of the total catch amount of the same month.
Article 42
For any tuna longline fishing vessel fishing in the IATTC
Convention Area, its catch amount of silky sharks in one fishing
trip shall not exceed 20% of its total catch amount of the same
fishing trip.
In case that the fishing vessel as referred to in the preceding
paragraph fishes with hooks at a depth shallower than 100
meters, the catch of silky sharks of less than 100 centimeters
total length shall not exceed 20% of the total number of silky
sharks caught during one fishing trip.
Chapter VI Management of Vessel Position Reporting
Chapter 43
The ALC on board shall be maintained functional at all time,
whether at sea or in port.
Tuna longline fishing vessels or carrier vessels of the Republic
of China shall transmit at least one vessel position in every
four hours; tuna purse seine fishing vessels shall transmit at
least one vessel position hourly.
Fee for the services and communications of the ALC shall be
borne by distant water fisheries operators.
Article 44
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 45
Any fishing vessel of 100 GT and above 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 46
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 mal-function.
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 and the
Secretariat of the Western and Central Pacific Fisheries
Commission (hereinafter referred to as “WCPFC”), or to the
WCPFC Secretariat through the fishery radio station located in
the Republic of China. The vessel positions shall be recorded
by automatic recording satellite navigator for perusal in
later days. The format of the facsimile is as shown in
Appendix 16.
The transmit of vessel positions as referred to in the preceding
paragraph shall be every six hours for any tuna longline fishing
vessel and carrier vessel of the Republic of China, and hourly
for any tuna purse seine fishing vessel.
For any fishing vessel with spare set of ALC on board, it shall
report to the competent authority of using the spare set during
the mal-function of the ALC. 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 47
In the event that the ALC onboard is deemed as signal lost for
an accumulative period of 15 days and above during one fishing
trip, 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 professiona
institution has confirmed that such ALC can regularly and
normally transmit vessel positions.
Any expense incurred from port return, port entrance and
confirmation of position transmitting as referred to in the
preceding paragraph shall be borne by the distant water
fisheries operator.
Article 48
Before 8 February 2017, prior to entering into or departure from
the area of high seas bounded by the exclusive economic zones of
the Cook Islands, French Polynesia and Kiribati (hereinafter
referred to as “the Easter High-Seas Pocket, EHSP”), any
fishing vessel shall report in accordance with following
provisions:
(1) 48 hours prior to entering into or departure from the EHSP,
or, in case of entry or departure on a national holiday, 48
hours before the holiday,), the distant water fisheries
operator or captain shall report in one of the following
manners:
i. A completed WCPFC Eastern High-Seas Pocket Special Management
Area Entry or Exit Report (hereinafter referred to as
“Entry or Exit Report”) as shown in Appendix 17 shall be
filled in and submitted directly to the WCPFC Secretariat, with
a copy to the competent authority.
ii. The distant water fisheries operator or captain shall report
to the WCPFC Secretariat through the fishery radio station to
which the fishing vessel belongs by submitting the completed
Entry or Exit Report or making an oral report to the fishery
radio station, with a copy to the competent authority.
(2) The fishing vessel shall only enter into or depart from the
EHSP, provided that the reporting to the WCPFC Secretariat by
such fishing vessel has been confirmed completed 24 hours prior
to its entry into or departure from the EHSP.
In case of sighting of any national or foreign fishing vessel in
the EHSP, the distant water fisheries operator or the captain
shall submit a completed sighting report in the format as shown
in Appendix 18 to the competent authority within 15 days after
departure from the EHSP.
For any fishing vessel fishing in the EHSP, it shall keep at
least 5 nautical miles away from the exclusive economic zones of
the island States.
Chapter VII Logbooks and Catch Reports
Article 49
In the event that any catching 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 by fishery types, where there is any catch or not.
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
during one fishing trip, 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
confirmation of E-logbook system as referred to in the preceding
paragraph shall be borne by the distant water fisheries
operator.
Article 50
Any tuna longline fishing vessel shall not catch southern
bluefin tuna without permission. In case of bycatch of southern
bluefin tuna, the fishing vessel shall immediately discard
such catch and record the amount of discard on the logbooks and
E-logbook system.
In the event that the quota of the fish species with catch
limit or the quota of striped marlin is exhausted, any catching
vessel shall immediately discard any catch of such species and
record the amount of discard on the logbooks and E-logbook
system.
Article 51
In case that any catching vessel finds any sea turtle during
fishing operation, such vessel shall, where practicable, bring
aboard any comatose or inactive sea turtle as soon as possible,
and foster its recovery and return it to the sea at once after
recovery.
Any seabird, sea turtle, whale shark, cetacean, penguin or
prohibited species promulgated by the competent authority
incidentally caught by any catching vessel shall be released
when caught alive or discarded dead, and the number(s) be duly
recorded on the logbooks and E-logbook system.
Article 52
Any fish species of no economic value or no utilizing value
caught by any catching vessel shall be released immediately,
and number(s) discarded shall be duly recorded on the logbooks
and E-logbook system.
Article 53
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 54
The complete logbooks shall be maintained on board any
catching vessel for at least one year.
In case that any catching vessel enters a port or transships
its catch at sea, a copy of the logbooks shall be submitted to
the competent authority for perusal in accordance with the
following timeframe:
(1) For port entry: within 60 days starting from the date the
fishing vessel enters the port.
(2) For transshipment at-sea: within 60 days starting from the
date the carrier vessel enters the port.
Article 55
For fish species with catch limit, the discrepancy between the
catch amount recorded in the E-logbook or the logbook during one
fishing trip of any catching vessel and the actual landing
amount shall not exceed 10% of the actual landing amount. For
fish species not under catch limit, such discrepancy shall not
exceed 20% of the actual landing amount.
In case that the discrepancy as referred to in the preceding
paragraph for fish species with catch limit is less than two
metric tons, or four metric tons for fish species not under
catch limit, it may be deemed that the catch amount recorded in
the E-logbook or the logbook corresponds with the actual landing
amount.
Article 56
Any of the following circumstances shall be defined as
“seriously misreporting” as referred to in subparagraph (12)
of Article 13, paragraph 1 of the Act:
(1) For fish species with catch limit, 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 fish species not under catch limit, the discrepancy
between the catch amount recorded in the E-logbook or the
logbook and the actual landing amount exceeds four metric tons
as well as 50% of the actual landing amount.
Chapter VIII Management of Shark Catch
Article 57
Any fishing vessel of the seasonal sharks group shall not catch
or retain on board any shark of less than 100 centimeters total
length.
Any fishing vessel of the seasonal sharks group shall not catch
sharks in the area north of 35°N, and between 165°E to 175°E
from June 1 to October 31 of each year.
In case of catching any shark as referred to in paragraph 1, or
catching any shark during the period or area as referred to in
the preceding paragraph, such catch shall be discarded and the
amount of discard shall be recorded on the logbooks and the
E-logbook.
Article 58
For any tuna longline fishing vessel employing ice chilling
method to preserve its sharks catches and transporting such
sharks catches to land in a domestic port, shark fins shall
not be fully cut off and shall be naturally attached to the
carcasses (hereinafter referred to as “fins naturally
attached”).
For any large scale longliner employing freezing method to
preserve its sharks catches and transporting such sharks
catches to land in a domestic port, shark fins shall be
naturally attached.
For any small scale longliner employing freezing method to
preserve its sharks catches and transporting such sharks
catches to land in a domestic port, the fins shall be
naturally attached or alternatively the dorsal fins and
pectoral fins shall be tied to the corresponding carcass, while
the caudal fins may be stored separately. The caudal fins and
carcasses shall be transshipped or landed concurrently in the
same shipment, and the number of caudal fins shall be
consistent with that of carcasses.
For any fishing vessel of the seasonal sharks group that
transporting its catches of blue shark by itself to land in a
domestic port, shark fins and carcasses shall be landed
concurrently in the same shipment, and the weight of fins shall
not be more than 5% of the weight of such shark catches. The
disposal of fins shall be exempted from the provisions
stipulated in the preceding paragraph.
Article 59
In case of at-sea transshipment of shark catches, shark
carcasses and fins shall be transshipped or landed
concurrently in the same shipment.
When sharks catches arrive at the first foreign port of
landing, the weight of fins shall not be more than 5% of the
weight of the shark catches.
Chapter IX The Designation and Management of Ports for
Transshipment or Landing
Article 60
Any fishing vessel intending to conduct transshipment or landing
at foreign ports located in the Pacific Ocean shall be limited
to the ports stipulated in Appendix 19.
Any fishing vessel with the distant water fisheries permit to
fish in the Atlantic or Indian Ocean applying for landing or
transshipping in the ports as listed in Appendix 19 shall apply
for the authorization from the competent authority 14 days
before the fishing vessel enters into the port.
Article 61
Any carrier vessel intending to transship catches from catching
vessel(s) 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;
(2) It is a foreign carrier vessel listed on the carrier lists of
the WCPFC or the IATTC, and has been installed with the ALC
which meets the standards specified by the competent authority.
At least one position in every four hours shall be sent to the
commissioned professional institution; or
(3) It is a part-time carrier vessel authorized by the competent
authority.
Article 62
The distant water fisheries operator of any tuna longline
fishing vessel of 80 GT and above may apply for such vessel to
conduct part-time transshipment.
The number of part-time carrier vessels shall be limited to ten
every year. In case that the number of applications exceeds ten,
it shall be decided in accordance with the order of sequence.
The period of the authorization granted to the part-time carrier
vessel shall be one year. During such period, any part-time
carrier vessel shall not fish, and shall land only in ports of
the Republic of China.
The competent authority shall revoke the authorization of any
authorized part-time carrier vessel that does not transship any
catch for six months starting from the date of authorization.
The competent authority shall, in accordance with the order of
sequence as referred to in paragraph 2, authorize the fishing
vessel in the next order as the part-time carrier vessel.
Article 63
Any carrier vessel or part-time carrier vessel of the Republic
of China shall not transship with, refuel or supply any fishing
vessel not listed in the authorized fishing vessel lists of
IATTC or WCPFC, or any fishing vessel that has altered its name
or registration number.
Article 64
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned which
transships catches from any catching vessel on the
non-cooperative carrier vessels 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 65
The at-sea transshipment shall not be conducted in the EHSP from
1 January 2019.
Article 66
For any small scale longliner approved to fish in the eastern
Pacific swordfish fishing area, its catches shall be landed
only in the ports of the Republic of China.
Article 67
Any carrier vessel intending to conduct transshipment at sea
shall receive an observer in accordance with the regional
observer program of the IATTC or WCPFC to conduct observation
mission on board. For any carrier vessel intending to conduct
transshipment in port, it shall receive the observer designated
by the competent authority to conduct observation mission on
board.
The distant water fisheries operator whose tuna longline fishing
vessel(s) conducts transshipment at sea on the Convention
Water(s) shall share the cost for the implementation of the
regional observer program in accordance with such program of
IATTC or WCPFC.
Article 68
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 and apply to the
competent authority ten working days before the in-port
transshipment or 30 days before the at-sea transshipment for
approval. The content of the information to be submitted is as
shown in Appendix 20.
In case of any addition to the list of catching 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 catching vessel(s) may only be
conducted after the approval has been granted. Any application
submitted after the prescribed deadline shall be denied.
In case that the number of catching vessel(s) listed in the
transshipment plan as referred to in the preceding paragraph is
reduced, such change shall be reported to the competent
authority within three working days of such change.
Article 69
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 68 shall
be denied:
(1) The carrier vessel concerned does not meet the requirements
stipulated in Article 61;
(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 70
Any catching 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 and submit it to the
competent authority three working days before the estimated date
of transshipment. The formats of the Transshipment Notification
for tuna longline fishing vessels are as shown in Appendix 21
and 22.
The format of the Transshipment Notification for tuna purse seine
fishing vessels is as shown in Appendix 23.
Article 71
In case of any of the following circumstances, the competent
authority may not authorize the concerned catching 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 for the catches to be
transshipped.
Article 72
In the event that the catch of any catching 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 70 before re-transshipping such catch.
Article 73
The catching vessel or carrier vessel which obtains the approval
to transship pursuant to Article 70 shall not conduct the
transshipment in the event that the ALC on board is signal-lost
and has not been repaired.
Article 74
The WCPFC transshipment declaration shall, within one working day
after the completion of transshipment in the WCPFC Convention
Area or the transshipment of any catch taken from the WCPFC
Convention Area conducted by the carrier vessel, be filled in and
submitted to the competent authority. The format of the WCPFC
Transshipment Declaration is as shown in Appendix 24.
For transshipment in the IATTC Convention Area conducted by the
carrier vessel, the IATTC Transshipment Declaration shall, within
24 hours after the completion of transshipment, be filled in and
submitted to the IATTC Secretariat, with a copy to the competent
authority. The format of the IATTC Transshipment Declaration is
as shown in Appendix 25.
The distant water fisheries operator or the captain of any
catching vessel shall, within seven working days after the
completion of transshipment, submit the Transshipment Declaration
to the competent authority. The formats for tuna longline
fishing vessels are as shown in Appendix 24 and 25, and for tuna
purse seine fishing vessels, the format is as shown in Appendix
26.
Article 75
The catching vessel which may conduct transshipment with the
part-time carrier vessel shall be limited to the catching
vessel that has been approved by the competent authority to
engage in fisheries cooperation with foreign country.
The catching vessel approved to transship with the part-time
carrier vessel shall transship in the port of the foreign
country with which the fisheries cooperation is engaged, and
shall comply with relevant management regulations of that
foreign country. The distant water fisheries operator of such
catching vessel shall also conduct the following matters:
(1) Filling in the Form of Transshipment Details and delivering
it to the distant water fisheries operator of the part-time
carrier vessel for compilation within one working day after the
completion of the transshipment. The format of the Form of
Transshipment Details is as shown in Appendix 27.
(2) Submitting, within ten working days after the completion of
landing and selling the catches, relevant documents of fish
markets confirming the sale of catches to the competent
authority for the write-offs.
To land catches in the fish market, the distant water fisheries
operator of the part-time carrier vessel which conducts
transshipment with the approved catching vessel as referred to
in the preceding paragraph shall, seven working days before such
part-time carrier vessel returns to the Republic of China after
the completion of in-port transshipment, report the total
transshipped amount of that transshipment, the Form of
Transshipment Details of each catching vessel and the estimated
date of returning to the domestic port for landing to the
competent authority.
Article 76
The distant water fisheries operator or the captain of any
catching 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 landing,
fill in the Advance Notice of Landing and submit to the
competent authority for approval. The format of the Advance
Notice of Landing is as shown in Appendix 28.
For any tuna purse seine fishing vessel that has submitted the
transshipment deceleration in accordance with the relevant
regulations, it shall be deemed as having applied for the landing
approval in accordance with the preceding paragraph.
Article 77
The distant water fisheries operator or captain of any catching
vessel shall fill in and submit to the competent authority the
Landing Declaration within five working days after the
completion of landing. The format of the Landing Declaration is
as shown in Appendix 28.
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 78
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 only be started 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 only be started
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 79
The distant water fisheries operator of any catching vessel
shall, within 60 days after the completion of landing, submit
sales or inventory information to the competent authority. The
sales information shall at least include buyer(s), fish
species and quantities.
Chapter X Observation and Inspection during Fishing Operations
Article 80
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 working 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 81
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
provision 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 82
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.
Article 83
In the event that an observer dies or the search and rescue are
ceased for a missing observer fallen overboard, the fishing
vessel shall immediately cease fishing operations, and the
competent authority shall order such vessel to navigate directly
to the port designated by the competent authority for
investigation.
In the event that an observer suffers from a serious illness or
injury that threatens his or her health or safety, the fishing
vessel shall immediately cease fishing operations and
facilitate the disembarkation of the observer for appropriate
medical treatment.
In the event that an observer is assaulted, intimidated,
threatened, or harassed, the competent authority shall order
such vessel to immediately cease fishing operations and navigate
to the designated port within the required timeframe.
Chapter XI Tuna Purse Seine Fishing Vessels
Article 84
Matters related to the management of tuna purse seine fishing
vessels shall be governed by this Chapter. Matters not
stipulated in this Chapter shall be governed by these
Regulations.
Article 85
The total number of fishing days on the high seas of tuna purse
seine fishing vessels shall not exceed the limit of the total
number of fishing days for the current year promulgated by the
competent authority.
Article 86
Any tuna purse seine fishing vessel shall not use or retrieve
any fish aggregating device (hereinafter referred to as “FAD”)
and shall not catch the school of fish associated with FAD(s)
on the high seas or during the FAD closure period promulgated
by the competent authority.
The definition of FAD as referred to in the preceding paragraph
means any object, creature or method, regardless of size,
living or non-living, floating on or near the water surface or
semi-submerged in the water, that is capable of aggregating
fish. Types include buoys, floats, webbings, weaved items,
plastic, drifting woods (bamboo, timber, log, etc), creature
(such as whale shark), fishing vessel itself or another vessel,
underwater light and casting bait.
During the period of FAD closure, any tuna purse seine fishing
vessel shall report its position once in every 30 minutes, and
manual report while fishing shall be prohibited.
Article 87
The annual limit on the number of fishing days on the high seas
and the period of FAD closure for tuna purse seine fishing
vessels shall be promulgated by the competent authority in
accordance with the conservation and management measures.
The period for using the fishing days on the high seas is from
January 1 to December 31 of the current year.
Article 88
Any tuna purse seine fishing vessel shall, during the period of
port departure to port entry, carry on board the observer who
meets the requirements of the international fisheries
organization(s), and shall report the list of observer(s) to the
competent authority prior to port departure. In case of special
circumstances and with the competent authority’s approval,
such provision may not apply.
In case of any change to the observer as referred to in the
preceding paragraph, the list of observer(s) shall be reported
to the competent authority prior to such change.
For any tuna purse seine fishing vessel fishing in the exclusive
economic zone of a foreign country with which the fisheries
cooperation is engaged, such vessel shall carry the observer
approved by that foreign country.
Article 89
Any captain of the tuna purse seine fishing vessel fishing on
the high seas shall, within one working day after the completion
of the fishing operation, fill in the Form of Number of Fishing
Days on the High Seas and submit it to the Purse Seine
Association. The Purse Seine Association shall compile the Form
of Number of Fishing Days on the High Seas every week and submit
to the competent authority for perusal. The format of the Form
of Number of Fishing Days on the High Seas is shown as Appendix
29.
In case that the total fishing days on the high seas has reached
to 80% of the limit of the current year, the competent authority
shall notify all tuna purse seine fishing vessels of the time to
stop fishing on the high seas.
Article 90
Any purse seine fishing vessel shall not set on a school of fish
associated with a cetacean or whale shark.
Article 91
Any tuna purse seine fishing vessel shall not engage in
transshipment, supplying or refueling on the high seas, and
shall land or transship in port.
Article 92
Any skipjack, bigeye tuna or yellowfin tuna caught by any purse
seine fishing vessel shall be retained on board, except for the
conditions stipulated in paragraph 2 of this Article.
In case of one of the following conditions for the skipjack,
bigeye tuna or yellowfin tuna caught by the final set of a
fishing trip of any purse seine fishing vessel, such catches may
be discarded. The captain or distant water fisheries operator of
such vessel shall record the amount of discard on the logbooks
and the E-logbook and, within 48 hours, fill in and submit the
Discard Notification of Purse Seiner Catches to the WCPFC
Secretariat, the competent authority and the observer onboard.
The format of Discard Notification of Purse Seiner Catches is
as shown in Appendix 30:
(1) There is insufficient well space.
(2) The catch is unfit for human consumption.
(3) Serious malfunction of equipment of the vessel occurs.
Article 93
Any tuna purse seine fishing vessel shall carry the scoop/dip
net to safely release any sea turtle incidentally caught.
In the event that a cetacean, whale shark or sea turtle is
incidentally caught in the purse seine net or encircled in the
FAD, the captain shall take all possible measures to safely
release such species, and fill in the report for submission to
the competent authority for perusal within 60 days after the
incident happened. The format of the report is as shown in
Appendix 31.
Chapter XII Special Management Measures for High Risk Fishing
Vessels
Article 94
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 95
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 VII.
(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 96
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 XIII Supplemental Provisions
Article 97
Any catching vessel shall not fish within one nautical mile off
a data buoy, or take on board, possess or cause damage to the
data buoy.
In case that the fishing gear becomes entangled with the data
buoy, the entangled fishing gear shall be removed with as
little damage to the data buoy as possible.
In case of finding any data buoy that is damaged or
non-functional, the captain shall report to the competent
authority the date, location, and the identifying information on
the data buoy.
Article 98
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 99
These Regulations shall become effective on January 20, 2017. |