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Chapter I General Principles
Article 1
These Regulations are hereby established pursuant to Article
10, paragraph 2 and Article 25, paragraph 6 of the Act for
Distant Water Fisheries (hereinafter referred to as “the Act”
).
Article 2
The competent authority may commission the Fisheries Agency,
Council of Agriculture, Executive Yuan to conduct the receipt
of applications, issuance, write-offs, cancellation, and
re-issuance of catch certificates and other related affairs
pursuant to Articles 6, 9, 11, 13, 15, 16, 18, 19, 21, 23, 25,
28, 29, and 30.
Article 3
Catch certificates stipulated herein are divided into the
following five types:
(1)Fishing Vessel Catch Certificate, which serves as a proving
document for the application of exemption of import tax and
exemption of import control to the Customs Administration
of the Ministry of Finance for catches caught by a fishing
vessel permitted by the competent authority to conduct
distant water fisheries and shipped back to the Republic of
China by commercial cargo vessel, foreign carrier vessel, or
airplane.
(2)Catch Origin Document, which is to prove that fishing
vessels of catches or fisheries products meet certain
sanitation requirements so as to apply for the quarantine
certificates of exported animal products that meet the
requirements of the import country.
(3)Catch Statistical Document, which is the catch trade
document issued in compliance with the conservation and
management measures of international fisheries
organizations.
(4)Legitimate Catch Certificate, which is to prove that fishing
operations of catches or fisheries products are not involved
in illegal, unreported and unregulated (IUU) fishing
activities.
(5)EU Catch Certificate, which is to prove that fishing
operations of catches or fisheries products meet the
requirements of the European Union (hereinafter referred to
as the “EU”).
Article 4
Any applicant of any catch certificate shall meet any of the
following conditions:
(1)The distant water fisheries operator who is permitted
by the competent authority to conduct distant water
fisheries and whose catches or fisheries products are
caught by the fishing vessel(s) operated by him/herself.
(2)The industry related to distant water fisheries approved by
the competent authority to conduct export trade of catches
or fisheries products of distant water fisheries.
The applicant of the Fishing Vessel Catch Certificate shall be
limited to the applicant as referred to in subparagraph (1) of
the preceding paragraph.
Article 5
The maximum validity period of any catch certificate shall be
four years, except for the Catch Statistical Document of fresh
bigeye tuna and fresh swordfish, which shall be valid for two
months.
In case that a catch certificate is issued before landing of
catches, the validity period as referred to in the preceding
paragraph shall begin from the date of issuance. For any catch
certificate issued after landing of catches, the validity
period shall begin from the date of the completion of landing.
Chapter II Fishing Vessel Catch Certificates
Article 6
For any application of the Fishing Vessel Catch Certificate,
the application form in the required format shall be filled in
and submitted to the competent authority together with the
following documents:
(1)A copy of the shipping documents proving that catches are
shipped back to land in the Republic of China for sale by
commercial cargo vessel, foreign carrier vessel, or
airplane.
(2)Details of the catches transported back to the Republic of
China for landing.
The Fishing Vessel Catch Certificate will be issued after the
application as referred to in the preceding paragraph is
examined and determined to be compliant with relevant
requirements.
Article 7
In case of any of the following circumstances, the Fishing
Vessel Catch Certificate shall not be issued:
(1)The applicant does not meet the provisions stipulated in
Article 4, paragraph 1.
(2)The catch of purse seine fishing vessel is not frozen
round fish.
(3)The fishing vessel conducts distant water fisheries
without the permission from the competent authority.
(4)The applied amount exceeds the amount verified by
transshipment inspection. In case of no transshipment
inspection conducted, the applied amount exceeds the amount
recorded in the Advance Notice of Landing.
Chapter III Catch Origin Documents
Article 8
Any fishing vessel applying for the Catch Origin Document
shall have passed the hygiene inspection.
Fishing vessels which have passed the hygiene inspection as
referred to in the preceding paragraph shall be promulgated
by the competent authority.
Article 9
For any application of the Catch Origin Certificate, the
application form in the required format shall be filled in
and submitted to the competent authority, together with the
following documents:
(1)The chart recording the temperature of fish holds during
fishing operation.
(2)For the applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to
the transaction of the distant water fisheries operator and
relevant document(s) proving the trade shall be enclosed as
well.
The Catch Origin Document will be issued after the application
as referred to in the preceding paragraph is examined and
determined to be compliant with relevant requirements
Article 10
In case of any of the following circumstances, the Catch Origin
Certificate shall not be issued:
(1)The applicant does not meet the provisions stipulated
in Article 4, paragraph 1.
(2)The exportation eligibility of the applicant as referred to
in subparagraph (2) of Article 4, paragraph 1 is suspended
by the competent authority.
(3)Any of the circumstances stipulated in subparagraph (2) or
(3) of Article 7.
(4)The applied amount exceeds the amount verified by landing or
transshipment inspection or the landing inspection
conducted by any port State. In case that catches have been
landed without verification or inspection, the applied
amount exceeds the actual landing amount. In case that
catches not have been landed, the applied amount exceeds the
amount recorded in the transshipment declaration.
(5)The fishing vessel does not meet the provisions stipulated
in Article 8, paragraph 1.
(6)The Catch Origin Certificate previously obtained by the
applicant is not written off in accordance with Article 11,
or not cancelled in accordance with Article 29.
Article 11
Any applicant shall, within two months after the issuance of
the Catch Origin Certificate, fill in the application form in
the required format and submit it to the competent authority
together with a copy of the quarantine certificate of exported
animal product for write-off.
Chapter IV Catch Statistical Documents
Article 12
For any application of the Catch Statistical Document, the
vessel position reporting, logbooks and catch reports,
transshipment and landing of the fishing vessel during the
period of fishing operation shall be in compliance with the
regulations for respective oceans where the fishing vessel
concerned proceeds to.
Article 13
For any application of the Catch Statistical Document of frozen
bigeye tuna or frozen swordfish, the application form in the
required format shall be filled in and submitted to the
competent authority together with the following documents:
(1)Document(s) proving that the catches concerned have been
confirmed by the association which the fishing vessel
belongs to.
(2)For catches landed domestically, the fish market transaction
document or the Landing Inspection Report shall be
enclosed.
(3)For catches landed for sale in designated foreign ports, the
document(s) proving the trade shall be enclosed.
(4)For the applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to
the transaction of the distant water fisheries operator and
relevant document(s) proving the trade shall be enclosed.
(5)A copy of the transport document of the exported catches.
For catches transported by the fishing vessel itself or
directly exported from the Republic of China, the enclosure
of such document shall be waived.
The association as referred to in subparagraph (1) of the
preceding paragraph means the Taiwan Tuna Purse Seiners
Association for a purse seine fishing vessel; and the Taiwan
Deep Sea Tuna Boat-owners and Exporters Association or Taiwan
Tuna Longline Association for a tuna longline fishing vessel.
The Catch Statistical Document of frozen bigeye tuna or frozen
swordfish will be issued after the application as referred to
in paragraph 1 is examined and determined to be compliant with
relevant requirements.
Article 14
For any application of Catch Statistical Document of fresh
bigeye tuna or fresh swordfish, bigeye tuna or swordfish
catches shall meet the following conditions:
(1)Such catches are caught by longline fishing vessel(s) whose
gross tonnage (GT) is under 100 tons.
(2)Such catches are preserved in ice-chilling method.
Article 15
For any application of the Catch Statistical Document of fresh
bigeye tuna or fresh swordfish, the application form in the
required format shall be filled in and submitted to the
competent authority together with the following documents:
(1)For catches landed for sale at a foreign port, the
document(s) proving the trade, and the copy of the cargo
list obtained from the authority concerned of the port
State prior to port entry of the fishing vessel or the
Landing Inspection Report, shall be enclosed.
(2)For catches landed for sale at a domestic port, the fish
market transaction document or the Landing Inspection
Report shall be enclosed.
The Catch Statistical Document of fresh bigeye tuna or fresh
swordfish will be issued after the application as referred to
in the preceding paragraph is examined and determined to be
compliant with relevant requirements.
Article 16
To replace a Catch Statistical Document of fresh bigeye tuna or
fresh swordfish landed for sale domestically with that of
frozen bigeye tuna or frozen swordfish, the application form in
the required format shall be filled in and submitted to the
competent authority together with the following documents:
(1)The original copy of the Catch Statistical Document of fresh
bigeye or fresh swordfish.
(2)For any applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to
the transaction of the distant water fisheries operator and
relevant document(s) proving the trade shall be enclosed.
The Catch Statistical Document of frozen bigeye tuna or frozen
swordfish will be issued after the application as referred to
in the preceding paragraph is examined and determined to be
compliant with relevant requirements.
Article 17
In case of any of the following circumstances, the Catch
Statistical Document shall not be issued:
(1)Any of the circumstances stipulated in subparagraph (1) to
(4) of Article 10.
(2)For the application of the Catch Statistical Document of
frozen bigeye tuna or frozen swordfish, the fishing vessel
does not meet the provisions stipulated in Article 12.
(3)For the application of the Catch Statistical Document of
fresh bigeye tuna or fresh swordfish, the fishing vessel
does not meet the provisions stipulated in Article 12, or
the catches does not meet the provisions stipulated in
Article 14.
(4)The Catch Statistical Document previously obtained by the
applicant is not written off in accordance with Article 18
or 19, or not cancelled in accordance with Article 29.
(5)During the period of fishing operation in which the catches
or fisheries products were caught, the fine imposed upon the
distant water fisheries operator by the competent authority
pursuant to the Act or the Fisheries Act has not been paid,
or the suspension of fishing license imposed upon the
distant water fisheries operator has not been executed.
Article 18
Any applicant shall, within six months after the issuance of
the Catch Statistical Document of frozen bigeye tuna or frozen
swordfish, fill in the application form in the required format
and submit it to the competent authority together with the
following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and
foreign buyer(s).
(3)For catches directly exported from the Republic of China, a
copy of the transport document.
In case that the documents as referred to in the preceding
paragraph are not in Chinese, English or Japanese, copies of
Chinese or English translation shall be enclosed.
In the event that the Catch Statistical Document of frozen
bigeye tuna or frozen swordfish has not been written off six
months after the issuance, the applicant may apply for the
extension of the write-off period to the competent authority,
with the enclosure of the original copy of the Catch
Statistical Document and the statement of reason(s) therefor.
The maximum period of each extension shall be six month, and
shall not exceed the validity period of the Catch Statistical
Document stipulated in Article 5, paragraph 1.
For any applicant for the extension in accordance with the
preceding paragraph, the competent authority may dispatch
personnel to inspect catches and fisheries products pursuant
to Article 16 and 25 of the Act.
Article 19
Except for the circumstances prescribed in paragraph 3, any
applicant shall, within two months after the issuance of the
Catch Statistical Documents of fresh bigeye tuna or fresh
swordfish, fill in the application form in the required format
and submit it to the competent authority together with the
following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and
foreign buyer(s).
(3)For catches directly exported from the Republic of China, a
copy of the transport document.
In case that the documents as referred to in the preceding
paragraph are not in Chinese, English or Japanese, copies of
Chinese or English translation shall be enclosed.
In case that the Catch Statistical Document of fresh bigeye
tuna or fresh swordfish landed for sale domestically has been
replaced with that of frozen bigeye tuna or frozen swordfish,
the applicant shall be exempted from conducting the write-off
as referred to in paragraph 1.
Chapter V Legitimate Catch Certificates
Article 20
For any application of the Legitimate Catch Certificate, the
fishing vessel shall meet the following requirements during
its fishing operation:
(1)Provisions on vessel position reporting, logbooks and catch
reports, and transshipment and landing prescribed in related
Regulations for fishing operation in three Oceans are
complied with in accordance with its fishing area.
(2)It is not listed on the IUU fishing vessels list as
promulgated pursuant to Article 13, paragraph 2 of the Act.
(3)It has not violated any of the provision stipulated in
Article 13, paragraph 1 of the Act; or Article 48, paragraph
1 of the Fisheries Act.
Article 21
For any application of the Legitimate Catch Certificate, the
applicant shall fill in application form in the required format
and submit to the competent authority together with the
following documents,:
(1)For any applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to
the transaction of distant water fisheries operator and
relevant document(s) proving the trade shall be enclosed.
(2)A copy of transport document/bill of the exported catches or
fisheries products. In the event that the application for
the Legitimate Catch Certificate is to replace it with the
EU Catch Certificate; or is to be served as the origin
certificate to apply for relevant documents from other
authorities; or is to be served as the certificate for
purchasing or selling legitimate catches, the enclosure of
such document shall be waived.
The Legitimate Catch Certificate will be issued after the
application as referred to in the preceding paragraph is
examined and determined to be compliant with relevant
requirements.
Article 22
In case of any of the following circumstances, the Legitimate
Catch Certificate shall not be issued:
(1)Any of the circumstances stipulated in subparagraph (1) to
(4) of Article 10, or subparagraph (5) of Article 17.
(2)The fishing vessel does not meet the provisions stipulated
in Article 20.
(3)The Legitimated Catch Certificate previously obtained by the
applicant is not written off in accordance with Article 23,
or not cancelled in accordance with Article 29.
Article 23
Except for the circumstances prescribed in paragraph 3, any
applicant shall, within two months after the issuance of the
Legitimate Catch Certificate, fill in the application form in
the required format and submit it to the competent authority
together with the following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and
foreign buyer(s).
In case that the documents as referred to in the preceding
paragraph are not in Chinese, English or Japanese, copies of
Chinese or English translation shall be enclosed.
In case of any of the following circumstances, the applicant
shall be exempted from conducting the write-off as referred to
in paragraph 1:
(1)The Legitimate Catch Certificate has been replaced to apply
for the EU Catch Certificate.
(2)The Legitimate Catch Certificate is served as an origin
certificate to apply for relevant documents from other
authorities.
(3)The Legitimate Catch Certificate is served as the
certificate for purchasing or selling legitimate catches.
Chapter VI The EU Catch Certificates
Article 24
For the exportation of catches to the EU, both the fishing
vessel and the carrier vessel concerned shall pass the EU
hygiene inspection, be registered in the EU SANCO list, and
comply with the provisions stipulated in Article 20, during the
fishing operation.
Article 25
For any application of the EU Catch Certificate, the applicant
shall fill in application form in the required format and
submit to the competent authority together with the following
documents:
(1)For the applicant as referred to in subparagraph (2) of
Article 4, paragraph 1, the record that can trace back to
the transaction of the distant water fisheries operator and
relevant document(s) proving the trade shall be enclosed.
(2)A copy of transport document of exported catches or
fisheries products.
(3)In the event that the Legitimate Catch Certificate has been
applied for such batch of catches or fisheries products, the
original copy of such Legitimate Catch Certificate shall be
enclosed.
The EU Catch Certificate will be issued after the application
as referred to in the preceding paragraph is examined and
determined to be compliant with relevant requirements.
Article 26
In order to confirm the authenticity of the signature column of
the in-port transshipment in the EU Catch Certificate, the
competent authority may contact the authorities concerned of
the port State to verify the signature information. In the case
that the confirmation from the port State concerned is not
received within 30 days, the application shall be denied.
Article 27
In case of any of the following circumstances, the EU Catch
Certificate shall not be issued:
(1)Any of the circumstances stipulated in subparagraph (1) to
(4) of Article 10; or subparagraph (5) of Article 17.
(2)The fishing vessel does not meet the provisions stipulated
in Article 24.
(3)The EU Catch Certificate previously obtained by the
applicant is not written off in accordance with Article 28,
or not cancelled in accordance with Article 29.
(4)The signature column of the in-port transshipment in the EU
Catch Certificate is not signed by the authorities concerned
of the port State, or the signature is confirmed as not
authentic.
(5)The exporter recorded in the EU Catch Certificate is not the
applicant.
In the event that any of the circumstances stipulated in the
preceding paragraph is found after the issuance of the EU Catch
Certificate, the competent authority shall withdraw such Catch
Certificate and notify the EU and the authority concerned of
the importing country.
Article 28
Any applicant shall, within two months after the issuance of
the EU Catch Certificate, fill in the application form in the
required format and submit to the competent authority together
with the following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and
foreign buyer(s).
In case that the documents as referred to in the preceding
paragraph are not in Chinese, English or Japanese, copies of
Chinese or English translation shall be enclosed.
Chapter VII Supplemental Provisions
Article 29
In case that any catch certificate is missing, not used for
some reasons, or damaged, the applicant shall take the
initiative to apply to the competent authority for
cancellation with the enclosure of the following documents:
(1)Statement of the cause(s) of the cancellation.
(2)The original copy of the catch certificate. In case of the
loss of the original copy of the catch certificate, such
provision shall be waived.
(3)In case that the cause of cancellation is resulted after the
export of catches or fisheries products, the copy of the
shipping document for export, and the proof slip of the
export declaration issued by the customs at the port of
exportation or other proving document(s), shall be enclosed.
Use of the cancelled catch certificate or a copy thereof shall
be deemed as using catch certificate documents not issued to the
catch concerned as stipulated in subparagraph (17) of Article
13, paragraph 1.
Article 30
In the event that a catch certificate has been cancelled in
accordance with Article 29, paragraph 1, the applicant may
apply for the re-issuance to the competent authority.
Article 31
In case that the application form submitted, the required
documents or contents therein are incomplete for the
application, write-offs, cancellation or re-issuance of any
catch certificate, the competent authority shall notify the
applicant to supplement within the required timeframe. Failing
to supplement within the required timeframe or incomplete
supplement shall be subject to denial of the application.
Article 32
These Regulations shall become effective on the date of
promulgation. |