| Chapter I General Principles
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) “Indian Ocean” means the waters of the Indian Ocean
bounded by the following line: from the south coast of South
Africa due south along the 20°E to its intersection with the
45°S; thence due east along the 45°S to its intersection with
the 80°E; thence due south along the 80°E to its intersection
with the 55°S; thence due east along the 55°S to its
intersection with the 150°E; thence due north along the 150°E
to its intersection with the coast of Australia; thence in a
westerly direction round the south, the west and the northwest
coasts of Australia to a point at 129°E; thence due north along
the 129°E to its intersection with 8°S; thence due west along
the 8°S to its intersection with 113°28'E; thence due north alone
with the 113°28'E to the south coast of Java at 8°23'S; thence
in a westerly direction along the coasts of Java and Sumatra;
thence round the coast of Sumatra running south in the Strait of
Malacca; thence across the Strait at 2°30'N to meet the coast of
Malay Peninsula; thence due north along the 2°30'N of the west
coast of Malay Peninsula; thence along the coasts to the
intersection between the south coast of South Africa and 20°E.
The area is as shown in Appendix 1.
(3) Independent third party” means any of the following
institutions recognized by the competent authority:
i. For Japan:
(i) Shinken Corporation.
(ii) Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii. For areas excluding Japan: the verifying institution which
obtains the accreditation for management system certification
from the Taiwan Accreditation Foundation (TAF).
(4) “Carrier vessel” means the following vessels that conduct
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 Indian Ocean to catch highly
migratory species such as, tunas, billfishes, sharks, skipjack,
or mahi mahi shall be limited to tuna longline fishing vessels
of 20 Gross Tonnage (GT) and above.
“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
Fishing areas for tuna longline fishing vessels of 100 GT and
above (hereinafter referred to as “large scale longliners”)
fishing in the Indian Ocean are divided as follows:
(1) Bigeye tuna fishing area: the Indian Ocean north of 30°S,
excluding the high risk area of piracy which is bounded by the
following lines: from the east coast of Kenya due east along
the 4°S to its intersection with 44°E; thence due northeast to
the intersection between the equator and the 49°E; thence to the
intersection between the 15°N and the 61°E; thence due west
along the 15°N to the west off the east coast of Yeman. The area
is as shown in Appendix 2.
(2) Oilfish fishing area: the Indian Ocean south of 30°S. The
area is as shown in Appendix 3.
(3) Albacore tuna fishing area: the Indian Ocean west of 75°E and
south of 15°S; and east of 75°E and south of 10°S. The area is as
shown in Appendix 4.
The fishing area for tuna longline fishing vessels of 20 GT and
above and less than 100 GT (hereinafter referred to as “small
scale longliners”) in the Indian Ocean is the Indian Ocean
except for the high risk area of piracy. The area is as shown in
Appendix 5.
Any small scale longliner shall not fish in the area south of
28°S and east of 65°E from April to September every year.
Tuna longline fishing vessels shall fish only within the fishing
area(s) permitted by the competent authority.
Article 5
Tuna longline fishing vessels proceeding to the Indian 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. 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.
ii. General group: no specific target species.
Article 6
Limits on the number of tuna longline fishing vessels fishing in
the Indian Ocean are as follows:
(1) For large scale longliners:
i. Bigeye tuna group: the number of fishing vessels is limited to
153.
ii. Albacore tuna group: the number of fishing vessels is limited
to 37.
(2) For small scale longliners:
i. Frozen yellowfin tuna group: the number is limited to 36.
ii. General group: the number is limited to 350.
Chapter II Application and Issuance of the Distant Water Fisheries
Permit
Article 7
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 Indian Ocean in the following year shall fill in the
application form, formats of which are as shown in Appendix 6 to
8, 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 of
100 GT and above, the copy of the fishing license shall contain
the International Maritime Organization (IMO) ship identification
number or Lloyd’s Register (LR) number.
(2) 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.
(3) The document certified by the commissioned professional
institution that the electronic logbook (E-logbook) system on
board the fishing vessel can normally transmit catch data.
Article 8
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
or of the bigeye tuna group concurrently conducting part-time
fishing for albacore or yellowfin tuna.
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.
(3) It is a fishing vessel with a fishing license of longline
fishery which were formerly authorized to fish in the Indian
Ocean and also authorized to operate non tuna longline fishery
under fisheries cooperation with a foreign country.
Article 9
For the application of the distant water fisheries permit of
the following year, the documents prescribed in Article 7 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 carrier vessel(s)
of the Republic of China, he/she shall apply to the competent
authority before October 31 of the current year.
Article 10
In the event that the number of fishing vessels applying for the
distant water fisheries permits of the bigeye tuna or albacore
tuna group exceeds the limit of respective group, the Tuna
Association shall draw lots to decide the priority in an
equitable and impartial manner.
In the event that the number of fishing vessels applying for the
general group exceeds the limit, the competent authority shall
draw lots to decide the priority in an equitable and impartial
manner.
Article 11
For any fishing vessel applying for the distant water fisheries
permit of the frozen yellowfin tuna group, the competent
authority shall come up with a list of vessel priority in
accordance with the following sequence of priority:
(1) First priority: the fishing vessel was formerly approved by
the competent authority as the frozen yellowfin tuna group in
the Indian Ocean and has not lost such qualification; or the
fishing vessel is newly built which has received the replacement
tonnage of a tuna longline fishing vessel of the frozen
yellowfin tuna group in the Indian Ocean.
(2) Second priority: the fishing vessel was formerly approved by
the competent authority as the frozen yellowfin tuna group in
the Pacific Ocean and has not lost such qualification.
(3) Third priority: the fishing vessel was the small scale
longliner which is approved as the general group in the current
year in the Indian Ocean.
In the event that the number of applying fishing vessels in the
preceding paragraphs exceeds the limits, 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 which obtain
the distant water fisheries permits of the frozen yellowfin
tuna group does not reach the limit of the current year, the
vacancy shall be filled pursuant to the sequence of priority
prescribed in the preceding two paragraphs, and the competent
authority may announce in due course to accept applications,
notwithstanding the application deadline prescribed in Article
9.
Article 12
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 oilfish fishing area
in the current year, notwithstanding the application
procedures and deadline prescribed in Article 9.
Article 13
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 7 and apply for the distant water fisheries permit to
the competent authority, notwithstanding the application
procedures and deadline prescribed in Article 9:
(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 14
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 15
Fishing vessels intending to interchange the groups or fishing
Oceans shall apply for the approval from 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 of
groups 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.
Chapter III Fishing Vessel and Fishing Gear Markings
Article 16
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 17
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 9.
Article 18
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 19
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).
The devices as referred to in the preceding paragraph shall be
marked with the same CT number or IRCS as the tuna longline
fishing vessel concerned.
Chapter IV Fishing Gears and Methods, and Mitigation Measures
for Incidental Catch
Article 20
For any tuna longline fishing vessel navigating through the
water under national jurisdiction of any foreign country, all
fishing equipment on board shall be stowed and secured, and such
vessel shall not conduct activities such as arrangement of
fishing gears or fishing, except that it has engaged in
fisheries cooperation with the foreign country concerned.
Article 21
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 10, to release incidentally caught seabirds
and sea turtles.
Article 22
Any longline fishing vessel fishing in the Indian Ocean south
of 25°S shall employ at least two of the following three seabird
bycatch mitigation measures, the specifications of which are
as shown in Appendix 11, and shall record the mitigation
measures taken during each fishing operation on the E-logbook
and logbooks:
(1) Night setting with minimum deck lighting.
(2) Tori lines.
(3) Weighted branch lines.
Chapter V Catch Limits or Quotas
Article 23
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 and yellowfin tuna.
Article 24
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 Indian
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 annual total catch quota of the species with catch limit
shall be allocated to the large scale longliners and small
scale longliners in accordance with the following percentage:
(1) Bigeye tuna: 85.7% for large scale longliners, and 14.3%
for small scale longliners.
(2) Yellowfin tuna: 43% for large scale longliners, and 57% for
small scale longliners.
In the event that the catch amount of yellowfin tuna has
reached 95% of the quota allocated to large or small scale
longliners, the competent authority may order large or small
scale longliners to stop catching yellowfin tuna by a deadline.
The period for using the quota as referred to in paragraph 1
shall be from January 1 to December 31 of the current year.
The total remaining quota of the current year in the Indian
Ocean may be arranged by the competent authority.
Article 25
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 26
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 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 27
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 28
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding
paragraph means 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.
Article 29
For any tuna longline fishing vessel which changes the fishing
Ocean or group with other vessel pursuant to Article 15, 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.
For any vessel of the general group that fishes in the Pacific
and Indian Ocean, its total annual individual vessel quota of
bigeye tuna shall be limited to 20 metric tons.
Article 30
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.
The individual vessel quota of yellowfin tuna may, with the
approval of the competent authority, be transferred to other
fishing vessel(s). After such transfer, the total yellowfin tuna
quota of a receiving large scale longliner shall not exceed
100 metric tons, and that of a receiving small scale longliner
shall not exceed 90 metric tons.
Article 31
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 in accordance with
paragraph 2 shall not be transferred.
Article 32
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.
The premium quota as referred to in the preceding paragraph
shall not be transferred.
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 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 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 malfunction.
The malfunctioning ALC shall be repaired no later than 30
days.
In the event that the ALC on board is signal-lost or
mal-functional, the distant water fisheries operator or the
captain shall send information related to vessel positions
by facsimile to the commissioned professional institution
and 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 12.
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 malfunction 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 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 39
In the event that the quota of the fish species with catch
limit 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 40
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 41
The number(s) of any fish species of no economic value or no
utilizing value caught and discarded 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 42
The E-logbook data or the logbook(s) submitted shall not be
altered or amended, unless there is apparent content with the
data and the competent authority has approved.
Article 43
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 44
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 longline 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 45
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 four metric tons
as well as 50% of the actual landing amount.
Chapter VIII Management of Shark Catch
Article 46
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, shark 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.
Article 47
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 48
Any fishing vessel intending to conduct transshipment or
landing at foreign ports located in the Indian Ocean shall
be limited to the ports stipulated in Appendix 13.
Any fishing vessel with the distant water fisheries permit
to fish in the Atlantic or Pacific Ocean applying for landing
or transshipping in the ports as stipulated in Appendix 13
shall apply for the authorization from the competent
authority 14 days before the fishing vessel enters into the
port.
Article 49
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 India Ocean Tuna Commission (hereinafter referred
to as “IOTC”), 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 50
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 IOTC, or any
fishing vessel that has altered its name or registration
number.
Article 51
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;
(2) The foreign carrier vessel has violated any provision
regarding transshipment or landing.
Article 52
Any tuna longline fishing vessel under 24 meters shall not
conduct transshipment at sea.
Article 53
Any carrier vessel intending to conduct transshipment at sea
shall receive an observer in accordance with the IOTC
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.
Any distant water fisheries operator whose tuna longline
fishing vessel(s) conducts transshipment at sea in the
Indian Ocean shall share the cost for the implementation of
the IOTC regional observer program.
Article 54
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 14.
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 55
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 54 shall
be denied:
(1) The carrier vessel concerned does not meet the requirements
stipulated in Article 49;
(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
has not been paid completely.
Article 56
Any tuna longline fishing vessel and 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 format of the Transshipment
Notification is as shown in Appendix 15.
Article 57
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 58
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 56 before re-transshipping such catch.
Article 59
The tuna longline fishing vessel or carrier vessel which obtains
the approval to transship pursuant to Article 56 shall not
conduct the transshipment in the event that the ALC on board is
signal-lost and has not been repaired.
Article 60
The IOTC Transshipment Declaration shall, within 24 hours after
the completion of transshipment conducted in the Indian Ocean
by any carrier, be filled in and submitted to the IOTC and the
competent authority. The format of the IOTC Transshipment
Declaration is as shown in Appendix 16.
The IOTC transshipment declaration shall, within 24 hours after
the completion of transshipment conducted in port by any
carrier, be filled in and submitted to the authority concerned
of the port State and the competent authority.
The distant water fisheries operator or the captain of any tuna
longline fishing vessel shall, within seven working days after
the completion of transshipment, submit the Transshipment
Declaration to the competent authority. The format of the
Transshipment Declaration is as shown in Appendix 16.
Article 61
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 17.
Article 62
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 17.
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 63
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 64
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 65
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 vessel matters
related to the cooperation with or assisting the observer in
carrying out the duties.
Article 66
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 67
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 68
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 69
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 of these Regulations.
(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 70
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 71
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 72
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 73
These Regulations shall become effective on January 20, 2017. |