| Article 1
These Regulations are established pursuant to Article 6 of the
Act to Govern Investment in the Operation of Foreign Flag
Fishing Vessels (hereinafter referred to as “the Act”).
Article 2
The international fisheries organizations as referred to in
these Regulations means any international fisheries management
organization or regional or sub-regional fisheries management
organization established in accordance with international
conventions, treaties or agreements.
Article 3
In case that the fisheries type(s) or fishing Ocean(s) of any
foreign flag fishing vessel invested or operated by the person
with the nationality of the Republic of China is subject to
the measure of authorized fishing vessels list as required by
the international fisheries organization(s), such vessel shall
not leave port for fishing operation until the flag State
concerned has completed listing such vessel on the authorized
vessel list of the international fisheries organization(s).
Article 4
Any foreign flag fishing vessel invested or operated by the
person with the nationality of the Republic of China shall
receive the observer dispatched by the flag State concerned
and shall not refuse, evade, or obstruct the deployment of
observer. Such fishing vessel shall fish in the fishing
Ocean(s), fishing area(s), or fishing period(s), and with the
fishing gear(s) and fishing method(s) as authorized by the flag
State and coastal State concerned.
Article 5
In case that the fisheries type(s) or fishing Ocean(s) of any
foreign flag fishing vessel invested or operated by the person
with the nationality of the Republic of China is subject to the
measure of reporting vessel positions as required by the
international fisheries organization(s), flag State or coastal
State concerned, such vessel shall comply with the regulations
of position reporting as established by the international
fisheries organizations(s), the flag State and coastal State
concerned.
Article 6
Any foreign flag fishing vessel invested or operated by the
person with the nationality of the Republic of China that
intends to catch fish species managed by the international
fisheries organization(s) shall only catch such species whose
catch limit or quota has been allocated to the flag State or
coastal State concerned by the international fisheries
organization(s), and shall catch under the catch limit or
quota allocated to it by the flag State or coastal State
concerned.
Article 7
In case that any person with the nationality of the Republic
of China that conducts the business of fishery in sea areas
beyond national jurisdiction by investing in or operating
foreign fishing vessel(s) has violated relevant regulations
on fishing stipulated by the flag State or coastal State
concerned, or the regulations, except for the serious
infringements stipulated in Article 8, paragraph 1 of the Act,
regarding authorization to fish, fishing area(s), fishing
period(s), vessel positions reporting, fishing gear(s), fishing
method(s) or quota stipulated in Article 3 to Article 6 of
these Regulations, the criteria of consecutive punishment in
accordance with Article 11, subparagraph (2) of the Act shall
be as follows:
(1)He who violates for the first time within three years shall
be subject to a fine of two million New Taiwan Dollars.
(2)He who violates the same provision of violation for two
times within three years shall be subject to a fine of five
million New Taiwan Dollars.
(3)He who violates the same provision of violation for three
times and above within three years shall be subject to a
fine of ten million New Taiwan Dollars.
The basis for calculating the time(s) of violation as referred
to in the preceding paragraph shall start from the date of
last violation dated back to a period of three years.
Article 8
These Regulations shall enter into force on January 20, 2017.
Amendment to theses Regulations shall enter into force upon
promulgation.
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