| Article 1
These Regulations are hereby 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) Independent third party” means any of the following
institutions recognized by the competent authority:
i. For Japan:
(i) Shinken Corporation.
(ii) Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii. For areas excluding Japan: the verifying institution which
obtains the accreditation for management system certification
from the Taiwan Accreditation Foundation (TAF).
(3) “Carrier vessel” means the following vessels that conducts
the transshipment of catches from tuna longline 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
Fishing vessels proceeding to the Atlantic Ocean to catch highly
migratory species such as, tunas, billfishes, sharks, skipjack,
or mahi mahi shall be limited to tuna longline fishing vessels
of 100 Gross Tonnage (GT) and above. The area of the Atlantic
Ocean is as shown in Appendix 1.
“Regulations for Fishing Vessels Conducting Southern Bluefin
Tuna Fishery” shall also be applied to any tuna longline
fishing vessel catching southern bluefin tuna.
Article 4
Tuna longline fishing vessels proceeding to the Atlantic Ocean
for fishing operation are categorized, in accordance with the
catch species, into the following groups and fishing areas,
which are as shown in Appendix 2 and 3:
(1) Bigeye tuna group: targeting bigeye tuna. The fishing area
is north of 25°S to south of 25°N.
(2) North albacore tuna group: targeting north Atlantic albacore
tuna. The fishing area is north of 10°N and west of 45°W, and
north of 5°N, excluding the Mediterranean Sea.
(3) South albacore tuna group: targeting south Atlantic albacore
tuna. The fishing area is south of 10°S
Any tuna longline fishing vessel shall fish only within the
fishing area(s) permitted by the competent authority.
Article 5
Limits on the number of tuna longline fishing vessels fishing in
the Atlantic Ocean are as follows:
(1) Bigeye tuna group: the number of fishing vessels is limited
to 56.
(2) North albacore tuna group: the number of fishing vessels is
limited to 8.
(3) South albacore tuna group: the number of fishing vessels is
limited to 30.
Chapter II Application and Issuance of the Distant Water
Fisheries Permit
Article 6
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 Atlantic Ocean in the following year shall fill
in the application form, formats of which are as shown in
Appendix 4 and 5, in accordance with types of fishing vessels
and groups () 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 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/catching 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/catching 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 provided such form shall be exempted from this
provision.
Article 7
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 north albacore tuna group for the following year
shall meet any of the following conditions:
(1) It was approved by the competent authority, before 30
November 2014, as the fishing vessel of the north albacore tuna
group.
(2) It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel approved by the
competent authority, before 30 November 2014, as the fishing
vessel of the albacore tuna group.
Any fishing vessel that applies for the distant water fisheries
permit of the south albacore tuna group for the following year
shall meet any of the following conditions:
(1) It belongs to the south 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 south albacore
tuna group.
Article 8
For the application of the distant water fisheries permit of the
following year, the documents prescribed in Article 6 shall be
submitted in accordance with the following procedures and
deadline:
(1) For any distant water fisheries operator 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 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 carrier
vessel(s) of the Republic of China, he/she shall apply to the
competent authority before October 31 of the current year.
Article 9
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 albacore tuna
fishing area or the south albacore tuna fishing area from April
to September of the current year, notwithstanding the
application procedures and deadline prescribed in Article 8.
Article 10
In the event that the number of fishing vessels obtaining the
distant water fisheries permits of the north albacore tuna
group does not reach the limit of the current year, the
competent authority may announce in due course to accept
applications from the fishing vessel(s) which has obtained the
permit of south albacore tuna group, notwithstanding the
application deadline prescribed in Article 8.
In the event that the number of applying fishing vessels as
referred to in the preceding paragraph exceeds the limit, the
Tuna Association shall draw lots to decide the priority in an
equitable and impartial manner and deliver the list of vessel
priority to the competent authority for approval.
Article 11
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 6 and apply for the distant water fisheries permit
from the competent authority, notwithstanding the application
deadline prescribed in Article 8:
(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 12
A certificate of distant water fisheries permit will be issued
to the application of 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.
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 13
Any tuna fishing vessel intending to interchange the groups or
fishing Oceans shall apply for the application to the competent
authority.
In the event that a tuna longline fishing vessel 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;
(4) For any fishing vessel intending to change to the north
albacore tuna group, there shall be no other vessel in the
list of vessel priority to fill in the vacancy in accordance
with Article 10 in the current year; and
(5) The penalty of suspending the fishing license has been
completely executed.
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.
Chapter III Fishing Vessel and Fishing Gear markings
Article 14
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 15
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 6.
Article 16
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 17
Fishing gear(s) of any tuna longline fishing 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 18
For any tuna longline fishing vessel navigating through the
water under national jurisdiction of any foreign country, all
fishing equipments 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 19
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 7, to release incidentally caught seabirds and
sea turtles.
Article 20
Any tuna longline fishing vessel fishing in the Atlantic Ocean
shall use the seabird mitigation measures, specifications of
which are as shown in Appendix 8, in accordance with the
following provisions:
(1) Any fishing vessel fishing in the area south of 20°S to
25°S shall use tori lines during fishing, and shall carry on
board at least one spare set.
(2) Any fishing vessel fishing in the area south of 25°S shall,
in addition to tori lines, use weighted branch lines.
Chapter V Catch Limits or Quotas
Article 21
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, north Atlantic
albacore tuna, and south Atlantic albacore tuna.
Article 22
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 Atlantic
Ocean and the quota for individual tuna longline fishing
vessel shall be promulgated by the competent authority in
accordance with the conservation and management measures.
The period for using the quota as referred to in the preceding
paragraph shall be from January 1 to December 31 of the current
year.
The total remaining quota of the current year in the Atlantic
Ocean may be arranged by the competent authority.
Article 23
The distant water fisheries permit of the current year shall
be obtained for granting the quota of the current year to the
tuna longline fishing vessel. For any tuna longline fishing
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 24
The catch amount (unprocessed round weight, hereinafter the
same when referring to “catch amount” in the following
provisions) of the fish species with catch limit, swordfish,
blue marlin, white marlin, or longbill marline for any tuna
longline fishing 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 25
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
tuna longline fishing vessel actual fishes accounts for the
whole year; shall retrieve the quota on a pro-rata basis from
the tuna longline fishing 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 tuna longline fishing vessel is punished by the
competent authority of the suspension of the fishing license for
one month and above.
(2) The tuna longline fishing vessel is detained in the port by
foreign government.
Article 26
For the tuna longline fishing vessel which changes the fishing
Ocean or group with other vessel pursuant to Article 13, 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
to 330 metric tons.
Article 27
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.
Article 28
In the event that the following requirements are met, the
albacore tuna quota of a fishing vessel of the north albacore
tuna group or the south albacore tuna group may, through the
coordination of the Tuna Association which reports to the
competent authority for approval, transfer to other fishing
vessel(s) of the same group:
(1) The albacore tuna quota of the receiving fishing vessel
shall not exceed 550 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 north or south
albacore tuna group has transferred accumulated 30 metric tons
of albacore 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 albacore 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.
Article 29
The competent authority may, depending on the catch amount of
each species in the current year, reallocate the total
remaining quota of the Atlantic Ocean.
Article 30
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 fishing vessel shall be of
bigeye tuna group, and have received the bigeye tuna quota
from other vessel(s) or applied to the competent authority
for the reallocated bigeye tuna quota as referred to in
Article 29, and its accumulated 330 metric tons of bigeye
tuna quota has been used up to 70%.
The additional bigeye tuna quota acquired shall not be
transferred.
Article 31
The competent authority may grant premium quota to the tuna
longline fishing vessel which cooperates with the competent
authority to carry out relevant experiments, researches or
management measures.
The premium quota as referred to in the preceding paragraph
shall not be transferred.
Article 32
For any fishing vessel of the bigeye tuna group that obtains
the permit to fish in the north albacore tuna fishing area or
the south albacore tuna fishing area pursuant to Article 9,
the competent authority shall allocate, in accordance with
the number of months approved, 33.3 metric tons of north or
south albacore tuna quota per month to individual vessel, and
the bigeye tuna quota of such vessel shall be deducted by 10
metric tons per month which will be retrieved by the competent
authority for arrangement.
Chapter VI Management of Vessel Position Reporting
Article 33
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.
Fee for the services and communications of the ALC shall be
borne by distant water fisheries operators.
Article 34
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 35
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 36
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 the Form for Vessel Position and Fishing
Operation Information (format as shown in Appendix 9) 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 every four hours for any tuna
longline fishing vessel and carrier vessel of the Republic of
China,
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 37
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 professional
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.
Chapter VII Logbooks and Catch Reports
Article 38
In the event that any tuna longline fishing vessel leaves the
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 39
Any fishing vessel of the bigeye tuna group that catches
albacore tuna or swordfish in the sea area north of 5°N shall
record such catches on the E-logbook system and the logbooks
as north Atlantic albacore tuna or north Atlantic swordfish.
In case of catching such catches in the sea area south of 5°N,
such catches shall be recorded as south Atlantic albacore
tuna or south Atlantic swordfish.
Article 40
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, swordfish, blue marlin, white marlin or longbill marlin
is exhausted, any tuna longline fishing vessel shall
immediately discard any catch of such species and shall record
the amount of discard on the logbooks and the E-logbook system.
Article 41
Any tuna longline fishing vessel catching the following fish
species shall immediately discard into the sea and shall not
retain on board. The amount of discard shall be recorded on the
logbooks:
(1) Atlantic bluefin tuna;
(2) Swordfish in the entire Atlantic Ocean less than 15
kilograms, or in alternative, less than 119 centimeters lower
jaw fork length (LJFL)
The amount of discard of the fish species as referred to in
subparagraph (2) shall also be recorded on the E-logbook.
Article 42
In case that any tuna fishing 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 tuna fishing vessel shall be
released when caught alive or discarded dead, and the number(s)
be duly recorded on the logbooks and the E-logbook system.
Article 43
Any fish species of no economic value or no utilizing value
caught by any tuna fishing vessel shall be released
immediately, and number(s) discarded shall be duly recorded on
the logbooks and the E-logbook system.
Article 44
The E-logbook data or the logbook submitted shall not be
altered or amended, unless there is apparent error with the
content and the competent authority has approved.
Article 45
The complete logbooks shall be maintained on board any tuna
longline fishing vessel for at least one year.
In case that any tuna longline fishing 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 46
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 tuna fishing 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 47
Any of the following conditions 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 one metric ton as
well as 50% of the actual landing amount.
Chapter VIII Management of Shark Catch
Article 48
For any tuna longline fishing vessel employing freezing method
to preserve its shark 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.
Article 49
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 50
Any tuna longline fishing vessel intending to conduct
transshipment or landing at foreign ports located in the Atlantic
Ocean shall be limited to the following ports:
(1) Cape Town of the Republic of South Africa;
(2) Port of Spain of the Republic of Trinidad and Tobago; or
(3) Montevideo of Oriental Republic of Uruguay.
Any fishing vessel with the distant water fisheries permit to
fish in the Pacific or Indian Ocean applying for landing or
transshipping in the ports as referred to in paragraph 1 shall
apply for the authorization from the competent authority 14 days
before the fishing vessel enters into the port.
Article 51
Any carrier vessel intending to transship catches from tuna
longline fishing 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; or
(2) It is a foreign carrier vessel listed on the carrier list of
the International Commission for the Conservation of the Atlantic
Tunas (hereinafter referred to as “ICCAT”), 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.
Article 52
Any carrier vessel of the Republic of China shall not transship
with, refuel or supply any fishing vessel not listed in the
authorized fishing vessel list of ICCAT, or any fishing vessel
that has altered its name or registration number.
Article 53
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned which
transships catches from tuna longline 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 54
Any carrier vessel intending to conduct transshipment at sea
shall receive an observer in accordance with the ICCAT regional
observer program 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) conduct transshipment at sea on the Convention Area
shall share the cost for the implementation of the ICCAT
regional observer program.
Article 55
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 10) and apply to the competent authority ten working
days before the in-port transshipment or 30 days before the
at-sea transshipment for approval.
In case of any addition to the list of the tuna longline fishing
vessel(s) in the transshipment plan approved by the competent
authority, the application shall be submitted three working days
before making such addition to the competent authority for
approval. The transshipment with the concerned tuna longline
fishing 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 the tuna longline fishing vessel(s)
listed in the transshipment plan 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 56
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 55 shall
be denied:
(1) The carrier vessel concerned does not meet the requirements
stipulated in Article 51;
(2) Three years have not passed since the carrier vessel
concerned was listed in the non-cooperative carriers list; or
(3) The fine for violating the Act imposed on the carrier vessel
has not been paid completely.
Article 57
Any tuna longline 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 and submit it to the
competent authority three working days before the estimated date
of transshipment. The formats of the Transshipment Notification
is as shown in Appendix 11.
Article 58
In case of any of the following circumstances, the competent
authority may not authorize the concerned tuna longline 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 for the catches to be
transshipped.
Article 59
In the event that the catch of any tuna longline fishing vessel
transshipped in port is stored in a cold storage in a foreign
port or a container pending sales, an application shall be made
pursuant to Article 57 before re-transshipping such catch.
Article 60
The tuna longline fishing vessel or carrier vessel which obtains
the approval to transship pursuant to Article 57 shall not
conduct the transshipment in the event that the ALC on board is
signal-lost and has not been repaired.
Article 61
The ICCAT Transshipment Declaration shall, within one working
day after the completion of transshipment in the Atlantic Ocean
or the transshipment of catch taken from the Atlantic Ocean
conducted by the carrier vessel, be filled in and submitted to
the competent authority. The format of the ICCAT Transshipment
Declaration is as shown in Appendix 12.
After a tuna longline fishing vessel completes the transshipment,
its distant water fisheries operator or the captain shall,
within seven working days of the completion of transshipment,
submit the ICCAT Transshipment Declaration to the competent
authority.
Article 62
The distant water fisheries operator or the captain of any tuna
longline 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
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 13.
Article 63
The distant water fisheries operator or captain of any tuna
longline fishing 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 13.
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 64
For any tuna longline fishing vessel that lands or transships at
foreign ports, permission documents for landing or
transshipment issued from the port State concerned shall be
enclosed when submitting landing declaration(s) or transshipment
declaration(s).
In the event that the port State concerned doesn’t have
regulations which provide that permission documents shall be
applied for landing or transshipment, documents proving the
whereabouts of catches and containing the information on
species and catch amount such as the bill of landing,
certificate of storage, invoice and details of trade deal shall
be submitted.
Article 65
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 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 66
The distant water fisheries operator of any tuna longline
fishing 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 67
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 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 fishing vessel
matters related to the cooperation with or assisting the
observer in carrying out the duties.
Article 68
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 3 subparagraphs.
(7) The captain shall sign on the record(s) 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 69
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 XI Special Management Measures for High Risk Fishing
Vessels
Article 70
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 71
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 72
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 XII Supplemental Provisions
Article 73
Any tuna longline fishing 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 74
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 75
These Regulations shall become effective on January 20, 2017.
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