Article 1

These Regulations are established pursuant to Article 37, 

paragraph 1 and 3; subparagraph (9) of Article 44, paragraph 1; 

and subparagraph (5) of Article 54 of the Fisheries Act 

(hereinafter referred to as “the Act”).

 

Article 2

To conduct Pacific bluefin tuna fishing operation in 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”, as shown 

in Appendix 1), the provisions of these Regulations shall be 

complied with.

 

To conduct fishing operation in the WCPFC Convention Area 

excluding the internal waters, territorial seas, and exclusive 

economic zone of the Republic of China (hereinafter referred to 

as “waters under the jurisdiction of the Republic of China”), 

the Act for Distant Water Fisheries and its related regulations 

shall also be complied with. 

 

Article 3

The annual total catch quota (unprocessed round weight, 

hereinafter the same when referring to “quota” in the 

following provisions) of Pacific bluefin tuna for longline 

fishing vessels shall be limited to 1,679 metric tons; for 

fishing vessels of directed fisheries except for the longline 

fishing vessels (hereinafter referred to as “fishing vessels of

 the other directed fisheries”) and the set net fishery shall 

be limited to 30 metric tons. 

 

The competent authority may, depending on the utilization of 

quota, proclaim the adjustment of the annual total catch quota 

of the longline fishing vessels, and fishing vessels of the 

other directed fisheries and set net fishery as referred to in 

the preceding paragraph.  

 

Article 4

In the event that the accumulated catch amount of Pacific 

bluefin tuna by longline fishing vessels reaches 1,550 metric 

tons in one year, or the accumulated catch amount of Pacific 

tuna by fishing vessels of the other directed  fisheries and 

the set net fishery reaches 20 metric tons in one year, the 

competent authority may proclaim the deadline by which the 

catching of Pacific bluefin tuna shall stop.

 

Article 5 

Catching, retaining, transshipping, landing or selling any 

Pacific bluefin tuna less than 30 kilograms shall be 

prohibited.

 

Article 6 

Fishing vessels shall not catch Pacific bluefin tuna with 

longline fishing gears without the authorization from the 

central competent authority.

 

Chapter II The Application and Issuance of Fishing Permits 

for Longline Fishing Vessels

 

Article 7

The annual number of longline fishing vessels conducting 

Pacific bluefin tuna fishing operation shall be limited to 

660.

 

The central competent authority may proclaim the adjustment of

 the number of vessels as referred to in the preceding paragraph.

 

Article 8

Longline fishing vessels conducting Pacific bluefin tuna fishing 

operation shall be installed onboard the automatic location 

communication (ALC).

 

Article 9

Any fishery operator that intends to apply for a Pacific bluefin 

tuna fishing permit for his/her longline fishing vessel shall fill

 in the application form (format as shown in Appendix 2) and apply

 to the central competent authority from January 1 to January 31, 

with the following documents:

(1)A copy of the valid fishing license of the directed fishery; 

   and

(2)A certificate issued by the Overseas Fisheries Development 

   Council of the Republic of China proving that the ALC onboard 

   has been tested and is capable of automatic reporting of its 

   positions.

 

Article 10 

The sequence of priorities for issuing the Pacific bluefin tuna 

fishing permit shall be as follows:

(1)The first priority: vessels that were authorized by the 

   central competent authority to conduct Pacific bluefin tuna 

   fishing operation and have historical catch record in the 

   preceding year, without any punishment imposed upon in the 

   preceding year for violating these Regulations or the 

   Regulations on Catching Pacific Bluefin Tuna.

(2)The second priority: vessels under 100 gross tonnage (GT) with 

   the historical catch record in the preceding five years.

(3)The third priority: vessels of 100 GT and above with the 

   historical catch record in the preceding five years.

(4)The fourth priority: vessels under 100 GT with no historical 

   catch record in the preceding five years.

(5)The fifth priority: vessels of 100 GT and above with no 

   historical catch record in the preceding five years.

 

In the event that the number of applications submitted pursuant 

to Article 9 exceeds the prescribed limit in Article 7, and the 

priority cannot be decided in accordance with the preceding 

paragraph, the central competent authority shall draw lots to 

decide the priority in an equitable and impartial manner. 

 

Article 11

In the event that the number of fishing vessels obtaining the 

Pacific bluefin tuna fishing permits does not reach the limit of

 the current year, the central competent authority may announce 

in due course to accept applications, notwithstanding the 

application deadline prescribed in Article 9.

 

Article 12

In case of any of the following conditions, the fishery operator 

may submit the documents as prescribed in Article 9 and apply 

for the Pacific bluefin tuna fishing permit from the central 

competent authority, notwithstanding the application deadline 

prescribed in Article 9:

(1)The fishery operator of a fishing vessel has changed;

(2)The fishery operator has obtained the fishing license for the 

   chartered fishing vessel;

(3)The fishery operator has obtained the fishing license for the 

   newly-built fishing vessel;

(4)The fishery operator who resumes the operation after the 

   suspension of the operation authorized pursuant to Article 11, 

   paragraph 2 of the Act has expired; 

(5)The fishery operator applies for the renewal of the expired 

   fishing license; or 

(6)The suspension of the fishing license has been executed 

   completely.

 

Article 13

In case that a fishery operator is under any of the following 

circumstances, the issuance of the Pacific bluefin tuna fishing 

permit to such operator shall be denied:

(1)He/She is sentenced imprisonment for violating the Act or the 

   Act for Distant Water Fisheries and such sentence is not yet 

   executed, not executed completely, or is on probation whose 

   period is not yet expired, or 2 years have not passed since 

   such sentence is executed completely, on probation which is 

   expired, or pardoned;

(2)He/She is sentenced to a short-term imprisonment or criminal 

   fine for violating the Act or the Act for Distant Water 

   Fisheries and such sentence is not yet executed, not executed 

   completely or 2 years have not passed since such sentence is 

   executed completely;

(3)A fine imposed pursuant to the Act of the Act for Distant 

   Water Fisheries has not been paid completely;

(4)The suspension of the fishing license of any of his/her 

   fishing vessel imposed pursuant to the Act or the Act for 

   Distant Water Fisheries has not been executed completely. 

 

Article 14

A Pacific bluefin tuna fishing permit will be issued to the 

application approved by the central competent authority. The 

validity period of the permit shall start from the day of 

issuance to December 31 of the current year, and shall not 

exceed the validity period of the fishing license.

 

Chapter III Management of Catch Tagging and Catch Report

 

Article 15

Prior to fishing operation, fishery operators of longline 

fishing vessels  authorized by the central competent authority

 to conduct Pacific bluefin tuna fishing operation shall apply

 for and obtain Pacific bluefin tuna tags of the current year 

from the central competent authority. 

 

Article 16 

Any Pacific bluefin tuna shall be tagged immediately at the 

appropriate position when being caught by any longline fishing 

vessel.

 

Article 17

In the event that any Pacific bluefin tuna is caught by fishin

g vessels of the other directed fisheries or the set net 

fishery, fishery operators concerned shall, before landing, 

apply for and obtain Pacific bluefin tuna tags from the central 

competent authority, and tag the Pacific belufin tuna at the 

appropriate position at the time of landing.

 

Article 18

Captains of longline fishing vessels or fishing vessels of the 

other directed fisheries, or fishery operators of set net 

fishery shall report to the fishery radio station concerned the 

number, the weight, the length, and location for each Pacific 

bluefin tuna caught. Captains of longline fishing vessels shall 

also report the serial number of each tag.

 

In case of catching any Pacific bluefin tuna less than 30 

kilograms, such catch shall be discarded immediately, and the 

amount of discard, the location of such catch, and the weight 

and the length of each Pacific bluefin tuna discarded shall be 

reported.

 

Article 19

In the event that any tag on the Pacific bluefin tuna caught by 

longline fishing vessels detaches and cannot be re-attached, an 

unused replacement tag shall be attached immediately, and the 

serial number of the replacement tag and detached tag shall be 

reported to the fishery radio station. 

 

Article 20

Before the Pacific bluefin tuna tags are exhausted during 

operation at sea, any longline fishing vessel shall apply for 

the tags from the central competent authority and the Pacific 

bluefin tuna may only be tagged at the time of landing in port 

after the approval from the central competent authority is 

obtained.

 

Article 21

For any Pacific bluefin tuna subsequently caught after the 

deadline as proclaimed by the central competent authority in 

accordance with Article 4, such catch shall be immediately 

discarded, and the amount of discard, the location of such 

catch, and the weight and the length of each Pacific bluefin 

tuna discarded shall be reported to the fishery radio station 

concerned in accordance with Article 18.

 

Article 22

Upon the receipt of the report by any captain or fishery 

operator, the fishery radio station shall check the 

registration of the vessel or the location of set net 

deployment, and fill in the Pacific bluefin tuna catch 

reporting form (format as shown in Appendix 3 and Appendix 4)

 on behalf of the captain or fishery operator. 

 

The fishery radio station shall compile and submit such forms 

to the central competent authority before Tuesday each week.

 

Chapter IX The Designation and Management of Ports for 

Transshipment or Landing

 

Article 23

For any Pacific bluefin tuna caught by any longline fishing 

vessel or fishing vessel of the other directed  fisheries, and

 landed in domestic ports, the domestic ports shall be limited

 to Nanfangao Fishing Port in Ilan County, Hsinkang Fishing 

Harbor in Taitung County, Donggang Fishing Harbor in Pingtung 

County and Chienchen Fishing Harbor in Kaohsiung City.

 

Article 24

No fishing vessel shall allow the Pacific bluefin tuna caught 

by itself to be transported by other fishing vessel(s), or to 

transport the Pacific bluefin tuna caught by other fishing 

vessel(s) without the permission from the central competent 

authority.

 

In the event that the following requirements are met, a fishery

 operator may apply for the permission to transport the Pacific

 bluefin tuna caught by his/her longline fishing vessel 

authorized by the central competent authority to conduct 

Pacific bluefin tuna fishing operation to other fishing 

vessel(s) for landing in the domestic ports as stipulated in 

Article 23:

(1)The Pacific bluefin tuna is caught in waters under the 

   jurisdiction of the Republic of China.

(2)The applying fishing vessel employs ice chilling method to 

   preserve its catches.

(3)A tag issued by the central competent authority is attached 

   to the Pacific bluefin tuna caught.

(4)The fishing vessel(s) transporting the Pacific bluefin tuna 

   is a longline fishing vessel authorized to conduct Pacific 

   bluefin tuna fishing operation.

(5)The ALCs of both the applying and transporting fishing 

   vessels can regularly and normally transmit vessel positions.

 

For the application as referred to in the preceding paragraph, 

the reporting form (format as shown in Appendix 5) shall be 

filled in and reported to the fishery radio station for 

forwarding to the central competent authority for authorization.

 

Article 25

For any longline fishing vessel or fishing vessel of the other 

directed fisheries that lands in the ports as stipulated in 

Article 23, 

its fishery operator or captain shall, 24 hours before the port 

entry, notify the fishery radio station concerned of the 

estimated landing port, date, and the number of Pacific bluefin 

tuna caught and transported. In the event that the location of 

Pacific bluefin tuna caught is less than100 nautical miles from 

the landing port, or that Pacific bluefin tuna is caught by the 

set net fishery, the notification may be made before the port 

entry.

 

At the time of landing, the competent authority may dispatch 

personnel to inspect and query in accordance with Article 49 of 

the Act, and measure the length and weight of the catches, and

 the relevant parties shall not evade, obstruct or refuse.

 

Chapter V Catch Documents

 

Article 26

In the event that a fishery operator completes the notification 

to the radio station concerned as referred to in the preceding 

Article, and domestically lands and sells the Pacific bluefin 

tuna, the Catch Document of Pacific Bluefin Tuna for Domestic 

Sales (hereinafter referred to as “Catch Document of Domestic 

Sales Pacific Bluefin Tuna,” format of which is as shown in 

Appendix 6), shall be issued by the central competent authority.

 

Article 27

For any fishery operator selling the Pacifc bluefin tuna, he/she

 shall provide the buyer with the Catch Document of Domestic 

Sales Pacific Bluefin Tuna with the information on sales process

 properly filled in.

 

For each buyer selling the Pacific bluefin tuna, he/she shall 

accurately and completely fill in the weight to be sold in the

Catch Document of Domestic Sales Pacific Bluefin Tuna and 

provide to the next buyer(s).

 

In the event that a Pacific bluefin tuna is sold in batches, the 

Catch Document of Domestic Sales Pacific Blueifn Tuna may be 

provided to the next buyer(s) in photocopies, each of which 

records the weight to be sold. 

 

Article 28

He/She who sells Pacific bluefin tuna shall, for the purpose of 

examination of the competent authority, prepare the Catch 

Document of Domestic Sales Pacific Bluefin Tuna and the 

transaction document(s) which can trace back to the fishery 

operator.

 

Article 29

For any Pacific bluefin tuna applied to be exported to amy 

foreign country, an application form (format as shown in 

Appendix 7) shall be filled in and submitted, together with the 

following documents, to the central competent authority, for the

 issuance of the Catch Document of Pacific Bluefin Tuna for 

Exportation (hereinafter referred to as “Catch Document of 

Exported Pacific Bluefin Tuna,” format of which is as shown 

in Appendix 8):

(1)The Catch Document of Domestic Sales Pacific Bluefin Tuna 

   with the trading records that can trace back to the fishery 

   operator and relevant transaction document(s). For any 

   applicant that is the fishery operator of the Pacific bluefin

    tuna catch, the documents as referred to in subparagraph (1) 

   may be exempted. 

(2)A copy of the Catch Document of Exported Pacific Bluefin Tuna

    with completed information in printing.

(3)For the Pacific bluefin tuna caught by set net fishery, a 

   photocopy of the fishing license of set net fishing right 

   shall be enclosed.

 

Article 30

In case of any of the following circumstances, the catch 

documents for Pacific bluefin tuna shall not be issued:

(1)Any Pacific bluefin tuna caught by any fishing vessel                                     listed in the illegal, unreported and unregulated (IUU)
   fishing vessel lists as promulgated by the competent
   authority pursuant to Article 13, paragraph 2 of the Act
   for Distant Water Fisheries.

(2)Any fishing vessel in violation of Article 13, paragraph 1 of 

   the Act for Distant Water Fisheries; or Article 48, paragraph

    1 of the Act, during fishing operation.

(3)Any fishing vessel catching Pacific bluefin tuna with 

   longline fishing gears without the authorization from the 

   central competent authority.

(4)In violation of the provisions on catch reporting, 

   transshipment or landing of these Regulations and the Act for 

   Distant Water Fisheries during fishing operation.

(5)The Pacific bluefin tuna is caught by any fishing vessel that

    fails to conduct write-off for the Catch Document of 

   Exported Pacific Bluefin Tuna in accordance with these 

   Regulations.

 

Article 31

A Catch Document of Exported Pacific Bluefin Tuna will be issued 

to the application submitted in accordance with Article 29 and 

approved after examination. 

 

The validity period of a Catch Document of Exported Pacific 

Bluefin Tuna as referred to in the preceding paragraph shall be 

six months starting from the date of issuance.

 

Article 32

He/She who has obtained the Catch Document of Exported Pacific 

Bluefin Tuna shall, within two months after the custom clearance

 of the catch has completed, fill in the application form and 

submit to the central competent authority or the commissioned 

organization(s), together with the following documents, for the

 write-off:

(1)The custom clearance document(s) issued by the importing 

   country.

(2)The duplicate of the export declaration.

(3)The photocopy of the documents on the sales of such catch.

 

Chapter VI Supplemental Provisions

 

Article 33

In case of any of the following circumstances, the fishing 

license of the fishery operator and the Certificate of Fishing 

Vessel Officers or the Fishing Vessel Crew Identification of 

the fishery employee shall be subject to suspension for a

 period of one year and under, pursuant to Article 10 of the 

Act; and in case of severe violation, the fishing license of 

the fishery operator and the Certificate of Fishing Vessel 

Officers or the Fishing Vessel Crew Identification shall be

 subject to revocation:

(1)Catching, retaining, transshipping, landing or selling any 

   Pacific bluefin tuna less than 30 kilograms, in violation of

    Article 5.

(2)Any fishing vessel that catches Pacific bluefin tuna with the

    longline fishing gears without the authorization from the 

   central competent authority, in violation of Article 6.  

(3)Catching any Pacific bluefin tuna after the deadline as 

   proclaimed by the central competent authority in the current

    year, and failing to discard the catch in accordance with 

   Article 21.

(4)Any longline fishing vessel or fishing vessel of the other 

   directed fisheries that domestically lands its Pacific bluefin

    tuna catch but fails to land in the designated ports as 

   prescribed in Article 23.

(5)Any fishing vessel transporting the Pacific bluefin tuna 

   caught by itself to other vessel(s) or transporting the 

   Pacific bluefin tuna not caught by itself without the 

   permission, in violation of Article 24.

(6)Any fishery operator that evades, obstructs, or refuses the 

   inspection, query or measurement of the length and weight of

    the Pacific bluefin tuna catch conducted by personnel 

   dispatched by the competent authority at the time of landing, 

   in violation of Article 25, paragraph 2.

 

Article 34

In case of any of the following circumstances, the fishery 

operator and the fishery employee shall be respectively subject 

to a fine between 30 thousand and 150 thousand New Taiwan 

Dollars, pursuant to Article 65 of the Act:

(1)Any longline fishing vessel that fails to apply for and obtain

    the Pacific bluefin tuna tag of the current year from the 

   central competent authority before conducting Pacific bluefin 

   tuna fishing operation, in violation of Article 15.

(2)Any longline fishing vessel that fails to immediately attach 

   the Pacific bluefin tuna tag at the appropriate position, in 

   violation of Article 16.

(3)Any fishing vessel of the other directed fisheries or the set 

   net fishery that catches Pacific bluefin tuna and fails to 

   apply for the Pacific bluefin tuna tag from the central 

   competent authority before the landing, or fails to attach 

   the tag at the appropriate position at the time of landing, 

   in violation of Article 17.

(4)Any captain of any longline fishing vessel or fishing vessel

    of the other directed fisheries or fishery operator of the 

   set net fishery that fails to report the number, weight, 

   length, and the location for each Pacific bluefin tuna caught

    to the fishery radio station concerned within 24 hours after

    catching the Pacific bluefin tuna, in violation of Article 

   18; or any captain of longline fishing vessel that fails to 

   report the serial number of each tag, in violation of Article

    18.

(5)In the event that any tag on the Pacific bluefin tuna detaches 

   and cannot be re-attached, any longline fishing vessel that 

   fails to attach an unused replacement tag immediately, or that 

   fails to report to fishery radio station the serial number of 

   the detached tag and the replacement tag, in violation of 

   Article 19.

(6)Before the Pacific bluefin tuna tags are exhausted during 

   operation at sea, any longline fishing vessel that fails to 

   obtain the approval from the central competent authority to 

   attach the tags at the time of landing in port, in violation of 

   Article 20.

(7)Catching any Pacific bluefin tuna after the deadline as 

   proclaimed by the central competent authority in the current 

   year, and failing to report the amount of discard, in violation

    of Article 21.

(8)Any longline fishing vessel or fishing vessel of the other 

   directed fisheries that returns to the designated port for 

   landing and fails to notify the fishery radio station concerned

    of the estimated landing port, date, and the number of the 

   Pacific bluefin tuna caught and transported within the required

    timeframe as stipulated in Article 25, paragraph 1.

 

Article 35

In case of any of the following circumstances, the offender shall 

be subject to a fine between 30 thousand and 150 thousand New 

Taiwan Dollars, pursuant to subparagraph (6) of Article 65 of the 

Act:

(1)Failure to prepare the Catch Document of Domestic Sales 

   Pacific Blueifn Tuna and the transaction document(s) which 

   can trace back to the fishery operator for the purpose of 

    examination of the competent authority in accordance with 

   Article 28. 

(2)Failure to apply for the issuance of the Catch Document of 

   Exported Pacific Bluefin Tuna in accordance with Article 29 

   for exporting Pacific bluefin tuna to any foreign country.

 

Article 36

These Regulations shall become effective on the date of 

promulgation, except for Article 28 and subparagraph (1) of 

Article 35, which shall become effective on January 1, 2019.