| Chapter I General Principles
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.
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