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Title: Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation Ch
Date: 2018.01.30
Legislative: 1.The full text of 73 articles promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No.
1061332058.
2.Part of these Regulations, Appendix 10 of Article 21, and
Appendix 11 of Article 22 amended on 30 January 2018 by the
Council of Agriculture, Executive Yuan under Order No.
1061339855.
Content: 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 longling 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 which shall contain the 
   International Maritime Organization (IMO) ship identification
    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. 

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.

Vessel markings shall be painted with marine-specific paint. 
Characters of the Chinese vessel name shall be block letters, 
and the numbers may be Arabic numerals. Characters of the 
English vessel name, CT numbers and the IRCS shall be capital 
letters and Arabic numerals. The height, width, and colors of 
characters shall meet the specifications as shown in 
Appendix 9.

Article 18
Vessel markings shall be placed in accordance with the 
following:
(1)The Chinese vessel name shall be placed on the port bow and 
   the starboard bow, and the center of stern or port quarter 
   or starboard quarter, where the vessel name is clearly 
   visible. 
(2)The English vessel name shall be placed on the port bow and 
   the starboard bow, and the center of stern or port quarter 
   or starboard quarter, under the Chinese vessel name. 
(3)The CT numbers shall be placed on the port bow and the 
   straboard bow, under the English vessel name. 
(4)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 total catch amount of a species with 
catch limit has reached 95% of the annual total catch quota as 
referred to in paragraph 1, the competent authority may order 
the whole tuna longline fishing fleet to stop catching the 
concerned species by a deadline.

In the event that the total catch amount has reached 95% of the
 quota allocated to large or small scale longliners fleet as 
referred to in paragraph 2, the competent authority may order 
the large or small scale longliners fleet to stop catching the 
concerned species 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. 
Notwithstanding such provision, in the event that the ownership
 of any tuna longline fishing vessel transfers and the quota 
used by the original distant water fisheries operator exceeds 
the percentage that the number of month(s) approved accounts 
for the whole year, the unused quota of such vessel in the 
current year shall be granted to the new distant water 
fisheries operator.

In case of any of the following circumstances, the competent 
authority shall retrieve the unused quota of the tuna longline 
fishing vessel concerned in the current year:
(1)Loss of a tuna longline fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed by 
   the competent authority.
(3)Revocation or withdrawal of the distant water fisheries 
   permit imposed by the competent authority.

Article 26
The catch amount 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.

In the event that the catch amount of the fish species with 
catch limit of any tuna longline fishing vessel has reached 
90% of the individual vessel quota, the competent authority 
may order such vessel to stop catching the concerned species 
by a deadline.

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 during six months exceeds over 50% of its total catch 
amount of the same period.

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.

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 been imposed upon any punishment pursuant to 
   Article 35, 36 or 40 of the Act in the current year.
(3)In case that the transferring or receiving fishing vessel 
   has been imposed upon a fine or the suspension of the 
   fishing license pursuant to Article 41 of the Act in the 
   current year, such punishment has been paid or executed 
   completely.

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.

Any tuna longline fishing vessel of the bigeye tuna group or 
the frozen yellowfin tuna group applying for the additional 
quota as referred to in the preceding paragraph shall use its 
individual vessel quota of bigeye tuna for 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.

The ALC on board any fishing vessel shall automatically 
transmit at least one vessel position in every hour.

Fees for the services and communications of the ALC shall be 
borne by distant water fisheries operators. The competent 
authority may subsidize depending on the financial situation of
 the government. 

Except for the purpose of repair or replacement approved by the
 competent authority, any ALC which has been installed on board
 and has transmitted a vessel position shall not be removed 
from the fishing vessel.

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 dry docking;
 or in a foreign port for seven days and above, 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.

In the case of a fishing vessel applying for switching off the 
ALC during its stay in a foreign port for the purposes except 
for dry docking, a photograph showing the berthing of such 
fishing vessel shall be provided weekly. The competent 
authority may order to switch on the ALC concerned in case of 
failing to provide the photograph in due course.

The period of switching off the ALC as approved in accordance 
with paragraph 1 shall not exceed six months for each 
application. Extension may be applied by the distant water 
fisheries operator concerned in accordance with paragraph 1 
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 four times 
consecutively for any fishing vessel. In the event that the 
ALC is signal-lost for three consecutive days, it is deemed as 
mal-function. 
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 immediately 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 fishing 
vessel.

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 and inspection(s)
 conducted by personnel dispatched by the competent authority, 
and 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 entry 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 also fill in the logbooks designated by the competent 
authority by fishery types. Catch reports shall be filled in 
completely and accurately, and where the catch amount is zero, 
catch reports shall be filled in as well.  

In case that there is any discrepancy between any datum 
recorded in the E-logbook system and the logbook, the datum 
recorded in the E-logbook system shall prevail. Where the datum
 is only recorded in either the E-logbook system or the 
logbook, the datum as recorded therein shall prevail.   

In case that the E-logbook system fails to report catch data 
on the day, the distant water fisheries operator or the captain
 shall transmit catch data via facsimile to the competent 
authority or the commissioned professional institution next 
day. Such catch data shall be signed by the distant water 
fisheries operator or the captain.

In the event that the E-logbook system fails to report catch 
data for five consecutive days, it is deemed as mal-function.
 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 and inspection(s) conducted by personnel dispatched by 
the competent authority, and 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 entry and 
confirmation of E-logbook system as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.

Article 39
Any tuna longline fishing vessel shall not catch southern 
bluefin tuna without permission, and in case of bycatch, the 
fishing vessel shall immediately discard such catch and record 
the amount of discard in the logbooks and E-logbook system.

In the event that the quota of the fish species with catch 
limit is exhausted, any tuna longline fishing vessel shall 
immediately discard any subsequent 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 25% of the actual landing amount.

In case of excess of the ratio as referred to in the preceding
 paragraph, whereas the following provisions are met, it is 
deemed that the catch amount recorded in the E-logbook or the 
logbook corresponds with the actual landing amount: 
(1)For species with catch limit, the discrepancy is less than 
   two metric tons.
(2)For species not under catch limit, the discrepancy is less 
   than six metric tons.

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 six 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, shark fins shall not be 
fully cut off and shall be naturally attached to the carcasses 
(hereinafter referred to as “fins naturally attached”), and 
such vessels shall not retain onboard, carry, transship, and 
land shark catches whose fins are not 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
Any fishing vessel employing freezing method to preserve 
shark catches shall transship or land shark carcasses and 
fins concurrently in the same shipment in case of at-sea 
transshipment.

When sharks catches of the fishing vessels as referred to in 
the preceding paragraph 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.

Article 47-1
Tuna longline fishing vessels shall fully utilize the shark 
catch, which shall not be discarded except the head, guts and 
skins.

Chapter IX The Designation and Management of Ports for 
Transshipment or Landing

Article 48
Any tuna longline fishing vessel intending to conduct 
transshipment or landing in a domestic port or a foreign port 
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 referred to in the preceding 
paragraph 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 at sea, the 
distant water fisheries operator shall submit the transshipment
 plan and relevant information (as shown in Appendix 14) and 
apply to the competent authority 30 days before the at-sea 
transshipment for approval. In case that the last day for 
filing the application is a national holiday, the application 
shall be made on the working day before the national holiday. 

Any foreign carrier vessel shall, with the enclosure of 
relevant information as shown in Appendix 14, apply to the 
competent authority for approval before conducting the 
transshipment in port with any tuna longline fishing vessel for
 the first time in the current year.

In case of any addition to the list of the tuna longlie 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.

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 (format as shown in 
Appendix 15) and submit it to the competent authority in 
accordance with the following prescribed timeframe:
(1)For at sea transshipment: no later than three working days 
   before the estimated date for transshipment.
(2)For in port transshipment: no later than three days before 
   the estimated date for transshipment. In case that the last 
   day for filing the application is a national holiday, the 
   application shall be made on the working day before the 
   national holiday. 

Fishing vessels approved by the competent authority to conduct 
transshipment may transship the catch on the approved date or 
within three days after the approved date.

For any transshipment to be conducted not within the period as 
referred to in the preceding paragraph, the distant water 
fisheries operator or the captain concerned shall apply for the
 change of transshipment date and obtain the approval from the 
competent authority before conducting the transshipment.

Article 57
For any tuna longline fishing vessel or carrier vessel that is 
under any of the following circumstances during the current 
fishing trip, the competent authority shall not authorize such 
vessel to transship at sea: 
(1)The ALC on board is mal-functional and has not been 
   repaired.
(2)There is concrete evidence to identify such vessel has 
   involved in any serious infringement as prescribed in 
   subparagraph (4) to (14) or (18) of Article 13, paragraph 1 
   of the Act. 

For any tuna longline fishing vessel or carrier vessel that is 
under any of the following circumstances during current fishing 
trip, the competent authority may not authorize such vessel to 
transship at sea:
(1)For the catches to be transshipped, it is suspected that the
    vessel applying for the transshipment has operated within 
   the water under the jurisdiction of any other country 
   without valid authorization.
(2)The total amount of fish species with catch limit to be 
   transshipped exceeds 10% of the amount reported through the 
   E-logbook system.
(3)The total amount of fish species not under catch limit to be 
   transshipped exceeds 25% of the amount reported through the 
   E-logbook system.
(4)The following infractions reported by observers of IOTC 
   regional observer program have not been improved:
   i.No valid fishing license on board.
   ii.No logbook as designated by the competent authority on 
      board.
   iii.Any vessel marking that is not marked in accordance 
       with Article 16 to 18.
(5)The Transshipment Notification as referred to in Article 56,
    paragraph 2 is not filled in completely.
 
Article 58
In the event that the catch of any tuna longline fishing vessel
 has been landed in a port and is subsequently transported by a
 carrier vessel for port departure, it shall be deemed as 
transshipment, and Article 56 shall apply.

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
For any transshipment in the Indian Ocean conducted by a 
carrier vessel, the IOTC Transshipment Declaration shall, 
within 24 hours after the completion of such transshipment, 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.
Any carrier vessel shall, within 24 hours after the completion
 of transshipment in port, submit the Transshipment Declaration
 to the competent authority. The format of the Transshipment 
Declaration is as shown in Appendix 16.

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
For any tuna longline fishing vessel landing its catch in a 
domestic or foreign port, the following person(s) shall fill 
in the Advance Notice of Landing, format of which is as shown 
in Appendix 17, and submit it to the competent authority for 
approval by the following deadline; and in case that the last 
day for filing the application is a national holiday, the 
application shall be made on the working day before the 
national holiday:  
(1)For the landing conducted by a tuna longline fishing vessel,
    its distant water fisheries operator or captain shall 
   submit it no later than three days before the estimated date
    for landing.
(2)For the landing conducted by a tuna longline fishing vessel
    with the catch subsequently being transported by 
   commissioning a container vessel, the distant water 
   fisheries operator or the captain of such longline vessel 
   shall submit it no later than three days before the 
   estimated date for landing.
(3)For the landing conducted by a carrier vessel, the distant 
   water fisheries operator of a tuna longline fishing vessel 
   shall submit it no later than three days before the 
   estimated date for landing. 

Notwithstanding the provision stipulated in the preceding 
paragraph, for any tuna longline fishing vessel that employs 
ice-chilling method to preserve its catch and lands in a port 
of a foreign country with which the fisheries cooperation is 
engaged, its distant water fisheries operator or captain shall 
submit the Advance Notice of Landing no later than one day 
before the estimated date for landing. In case that the last 
day for filing the application is a national holiday, the 
application shall be made on the working day before the 
national holiday.

Fishing vessels approved by the competent authority to conduct 
landing may land the catch on the approved date or within three
 days after the approved date.

For any landing to be conducted not within the period as 
referred to in the preceding paragraph, the distant water 
fisheries operator or the captain concerned shall apply for the
 change of the date for landing and obtain the approval from 
the competent authority before conducting the landing.

Article 61-1
For any tuna longline fishing vessel whose catch is landed at a
 foreign port and transported to other port by a container 
vessel, the distant water fisheries operator of such tuna 
longline vessel shall, no later than three days before the 
container vessel’s port entry, notify the competent authority 
of the time for port entry and the name of the port.

Article 62
Upon the completion of landing of any tuna longline fishing 
vessel, the following person(s) shall fill in and submit to the
 competent authority the Landing Declaration, format of which 
is as shown in Appendix 17, by the prescribed deadline: 
(1)For the landing conducted by a tuna longline fishing vessel,
    its distant water fisheries operator or captain shall 
   submit the Declaration within five working days after the 
   completion of landing.
(2)For the landing conducted by a tuna longline fishing vessel
    with the catch subsequently being transported by 
   commissioning a container vessel, the distant water 
   fisheries operator of such longline vessel shall submit the 
   Declaration within five working days after the container(s) 
   containing such catch unloads and completes customs 
   clearance.
(3)For the landing conducted by a carrier vessel, the distant 
   water fisheries operator of a tuna longline fishing vessel 
   shall submit the Declaration within five working days after 
   the completion of landing by the carrier vessel.

The term “completion of landing” as referred to in these 
Regulations means the catch landed at a port has completed its 
whole weighing process.

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 
   person(s) of the competent authority has arrived.
(2)For inspections conducted by the independent third party, 
   the application and contact with the independent third party
    shall be made, and relevant fees for inspections shall be 
   paid before the landing and transshipment, which shall only 
   be started after the person(s) of the independent third 
   party has arrived.

The fees 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, 
any foreign country with which the fisheries cooperation is 
engaged, or any international fisheries organization 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, any foreign country with
 which the fisheries cooperation is engaged, or any 
international fisheries organization 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)Vessel positions shall be transmitted in accordance with 
   Chapter VI.
(4)Catch reports shall be conducted in accordance with 
   provisions stipulated in Chapter VII.
(5)Such vessel shall not conduct at-sea transshipment.
(6)For transshipment in port, the Transshipment Notification 
   shall be filled in to apply for the approval of the 
   competent authority, no later than seven days before the 
   estimated date for transshipment.
(7)For landing in port, the Advance Notice of Landing shall be 
   filled in to apply for the approval of the competent 
   authority, no later than seven days before the estimated 
   date for landing.
(8)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 72-1
For the purpose of these Regulations, the catch amount is the 
unprocessed round weight.

The conversion factors between the weights of processed fish 
and round fish are as shown in Appendix 18.

Article 73
These Regulations shall become effective on January 20, 2017.

Amendments to these Regulations shall become effective on the 
date of promulgation.
 
Attachments: