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Chapter I General Principles
Article 1
These Regulations are 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)“Tuna purse seine fishing vessel” means any fishing vessel
targeting tunas and skipjacks with purse seine fishing
gears.
(3)“Catching vessel” means tuna longline fishing vessel and
tuna purse seine fishing vessel collectively.
(4)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’)” means the waters of the Pacific
Ocean bounded to the south and to the east by the following
line: from the south coast of Australia due south along the
141° meridian of east longitude to its intersection with the
55° parallel of south latitude; thence due east along the
55° parallel of south latitude to its intersection with the
150° meridian of east longitude; thence due south along the
150° meridian of east longitude to its intersection with
the 60° parallel of south latitude; thence due east along
the 60° parallel of south latitude to its intersection with
the 130° meridian of west longitude; thence due north along
the 130° meridian of west longitude to its intersection with
the 4° parallel of south latitude; thence due west along the
4° parallel of south latitude to its intersection with the
150° meridian of west longitude; thence due north along the
150° meridian of west longitude. The WCPFC Convention Area
is as shown in Appendix 1.
(5)The Area of “The Convention for the Establishment of an
Inter-American Tropical Tuna Commission” and “The
Convention for the Strengthening of the Inter-American
Tropical Tuna Commission Established by the 1949 Convention
between the United States of America and the Republic of
Costa Rica (hereinafter referred to as ‘IATTC Convention
Area’)” means the waters of the Pacific Ocean bounded by
the coastline of North, Central, and South America and by
the following lines: the 50°N parallel from the coast of
North America to its intersection with the 150°W meridian;
the 150°W meridian to its intersection with the 50°S
parallel; and the 50°S parallel to its intersection with
the coast of South America. The IATTC Convention Area is as
shown in Appendix 2.
(6)“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).
(7)“Carrier vessel” means the following vessels that conducts
the transshipment of catches from catching vessels 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.
iii.‘Part-time carrier vessel’ refers to the tuna longline
fishing vessel which conducts part time the
transshipment of catches.
Article 3
Types of fishing vessels proceeding to the Pacific Ocean for
fishing operation are categorized as tuna longline fishing
vessels, tuna purse seine fishing vessels, and carriers of the
Republic of China.
Article 4
Fishing vessels proceeding to the Pacific Ocean to catch
tunas, billfishes, sharks, skipjacks, or mahi mahi shall be
limited to tuna longline fishing vessels of 20 Gross Tonnage
(GT) and above or tuna purse seine fishing vessels.
“Regulations on the Management of Catching Pacific Bluefin
Tuna” or “Regulations for Fishing Vessels Conducting
Southern Bluefin Tuna Fishery” shall also be applied to any
tuna longline fishing vessel catching Pacific bluefin tuna or
southern bluefin tuna.
Article 5
Fishing areas for tuna longline fishing vessels of 100 GT and
above (hereinafter referred to as “large scale longliners”)
fishing in the Pacific Ocean are divided as follows, and are as
shown in Appendix 3 and 4:
(1)Bigeye tuna fishing area: the area west of 150°W and between
15°S to 20°N; and the area between 130°W to 150°W and 20°S
to 25°N.
(2)North bigeye tuna fishing area: the area between 130°W to
150°W and 25°N to 40°N.
(3)East bigeye tuna fishing area: the area east of 130°W and
between 20°S to 20°N
(4)Albacore tuna fishing area: the area between the west of
130°W and the south of 10°S; and the area between the east
of 130°W and the south of 15°S.
(5)North albacore tuna fishing area: the area between the west
of 130°W and the north of 10°N; and the area between the
east of 130°W and the north of 15°N.
Fishing areas for tuna longline fishing vessels of 20 GT and
above and lees than 100 GT (hereinafter referred to as “small
scale longliners”) fishing in the Pacific Ocean are divided
as follows and are as shown in Appendix 5:
(1)Western and central Pacific fishing area: the area west of
150°W.
(2)Eastern Pacific fishing area: the area between 130°W to
150°W and the south of 5°S and the north of 10°N; the area
between the east of 130°W and the south of 15°S and the
north of 10°N
(3)Eastern Pacific swordfish fishing area: the area between
130°W to 150°W and 5°S to 10°N.
The fishing area for tuna purse seine fishing vessels fishing
in the Pacific Ocean shall be limited to the area west of
150°W, and such vessels shall not fish on the high seas north
of 20°N or south of 20°S.
Catching vessels shall fish only within the fishing area(s)
permitted by the competent authority.
Article 6
Tuna longling fishing vessels proceeding to the Pacific 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.General group: no specific target species.
ii.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.
iii.Seasonal sharks group: fishing vessels targeting sharks
during certain seasons and whose individual vessel quota
of bigeye tuna is less than fishing vessels of general
group.
Article 7
Limits on the number of catching vessels fishing in the Pacific
Ocean are as follows:
(1)For large scale longliners:
i.Bigeye tuna group: the number of fishing vessels is
limited to 50, among which the maximum number of fishing
vessels fishing in the east bigeye tuna fishing area is
limited to 10.
ii.Albacore tuna group: the number of fishing vessels is
limited to 51, among which the maximum number of fishing
vessels fishing in the north albacore tuna fishing area
is limited to 25.
(2)For small scale longliners:
i.Frozen yellowfin tuna group: the number is limited to 50.
ii.General group or seasonal sharks group: no limitation is
imposed. However, the maximum number of fishing vessels
fishing in the eastern Pacific fishing area is limited to
50, among which the maximum number of those fishing in
the eastern Pacific swordfish fishing area is 12.
(3)The number of tuna purse seine fishing vessels is limited to
34.
Chapter II Application and Issuance of the Distant Water
Fisheries Permit
Article 8
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 Pacific Ocean in the following year
shall fill in the application form, formats of which are as
shown in Appendix 6 to 9, in accordance with types of fishing
vessels and groups and submit it with the following documents:
(1)A copy of the valid fishing license. For any fishing vessel
over 100 GT, the copy of the fishing license shall contain
the International Maritime Organization (IMO) ship
identification number or Lloyd’s Register (LR) number.
(2)The color photograph of the fishing vessel no older than
three years. The photograph must show a stem-to-stern side
view of the vessel; clearly and legibly display the vessel
name and international radio call sign; be in the form of a
single electronic file and have a resolution of at least 150
pixels per inch at a size of 6 by 8 inches; and be no
greater than 500 kilobytes (kB) in size.
(3)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.
(4)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.
(5)The vessel tracking agreement form serving as an
authorization allowing the competent authority and the
international fisheries organization to track vessel
positions. He who has already provided such form shall be
exempted from this provision.
Article 9
The distant water fisheries operator who has applied for the
distant water fisheries permit pursuant to Article 8 shall
choose the fishing area in accordance with the following
provisions:
(1)Fishing vessels of bigeye tuna group can apply to fish in
the bigeye tuna fishing area. Such vessels may at the same
time apply for the east bigeye tuna fishing area.
(2)Fishing vessels of albacore tuna group can apply to fish in
the albacore tuna fishing area. Such vessels may at the same
time apply for the north albacore tuna fishing areas.
(3)Fishing vessels of frozen yellowfin tuna group can apply to
fish in the western and central Pacific fishing area.
(4)Seasonal sharks group or general group can apply to fish in
the western and central Pacific fishing area. Such vessels
may at the same time apply for the eastern Pacific fishing
area, and for vessels which apply for fishing in the
eastern Pacific fishing area, such vessels may also apply
for the eastern Pacific swordfish fishing area.
Article 10
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.
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.
Any fishing vessel that applies for the distant water fisheries
permit of the frozen yellowfin tuna group for the following
year shall meet any of the following conditions:
(1)It belongs to the frozen yellowfin tuna group in the current
year with the competent authority’s approval and it has
not changed to fish in the Indian Ocean in the current year.
(2)It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the frozen
yellowfin tuna group.
Any fishing vessel that applies for the distant water fisheries
permit of the seasonal sharks group for the following year
shall meet any of the following conditions:
(1)From 2009 to 2015, the catch amount of sharks during one
fishing trip exceeds 50% of the total catch amount.
(2)It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel of the seasonal
sharks group.
Small scale longliners shall not simultaneously apply for the
permits for proceeding to the Pacific Ocean and Indian Ocean
for fishing operation.
Article 11
For the application of the distant water fisheries permit of
the following year, the documents prescribed in Article 8 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 tuna purse seine
fishing vessel(s), he/she shall apply to the Taiwan Deep
Sea Tuna Purse Seiners Boat-Owners and Exporters Association
(hereinafter referred to as “Purse Seine Association”)
before October 15 of the current year. The Purse Seine
Association shall deliver the applications to the competent
authority before October 31 of the current year.
(6)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 12
In the event that the number of fishing vessels applying for
fishing in the east bigeye tuna fishing area exceeds the
prescribed limit, the Tuna Association shall, in an equitable
and impartial manner, draw lots to decide the priority.
For fishing vessels applying for fishing in the north albacore
tuna fishing area, the Tuna Association shall come up with a
list of vessel priority in accordance with the following
sequence of priority and submit to the competent authority:
(1)First priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit of the
current year and has fished over 75 days in the north
albacore fishing area.
(2)Second priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit of the
current year and has fished less than 75 days in the north
albacore fishing area.
(3)Third priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit of the
current year but does not obtain the permit to fish in the
north albacore tuna fishing area.
(4)Fourth priority: the fishing vessel of the albacore tuna
group that obtains the distant water fisheries permit to
fish in the north albacore tuna fishing area in the current
year but does not proceed to fish in such area.
For fishing vessels applying for fishing in the eastern Pacific
fishing area, the Longline Association shall come up with a
list of vessel priority in accordance with the following
sequence of priority and submit to the competent authority:
(1)First priority: the fishing vessel which obtains the distant
water fisheries permit to fish in the eastern Pacific
fishing area and has historical catch record.
(2)Second priority: the fishing vessel which obtains the
distant water fisheries permit of the current year but does
not obtain the permit to fish in the eastern Pacific fishing
area.
(3)Third priority: the fishing vessel which obtains the distant
water fisheries permit to fish in the eastern Pacific
fishing area in the current year but does not proceed to
fish in such area.
In the event that the number of applying fishing vessels in the
preceding two paragraphs exceeds the limits and the priority
cannot be decided in accordance with the provisions on the
sequence of priority, 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 applying to
fish in the eastern Pacific swordfish fishing area exceeds the
limit, the competent authority shall draw lots to decide the
priority in an equitable and impartial manner.
Article 13
In the event that the number of fishing vessels obtaining the
distant water fisheries permits does not reach the limit of
each group of the current year, the vacancy shall be filled
pursuant to the sequence of priority prescribed in Article 12,
and the competent authority may announce in due course to
accept applications, notwithstanding the application deadline
prescribed in Article 11.
Article 14
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 north bigeye tuna
fishing area from April to September of the current year,
notwithstanding the application procedures and deadline
prescribed in Article 11.
Article 15
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 8 and apply for the distant water fisheries permit to
the competent authority, notwithstanding the application
procedures and deadline prescribed in Article 11:
(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.
In case that the distant water fisheries operator of any
fishing vessel that has obtained the distant water fisheries
permit to fish in the east bigeye tuna fishing area, north
albacore tuna fishing area, eastern Pacific fishing area, or
eastern Pacific swordfish area has changed during the period
of validity of the permit, and the new distant water fisheries
operator applies for the distant water fisheries permit in
accordance with the preceding paragraph, the competent
authority shall authorize such fishing vessel to continue
fishing in the permitted fishing area(s) in the current year.
Article 16
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 numbers, 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 or LR number. Fishing
vessels less than 100 GT shall be exempted from this
provision.
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 17
In the event that the distant water fisheries operator who has
obtained the distant water fisheries permit to fish in the
north albacore tuna fishing areas or eastern Pacific fishing
areas waives such right, he/she shall apply to the competent
authority for the revocation of the permit before August 1 of
the current year.
Article 18
Fishing vessels intending to interchange the groups or fishing
Oceans shall apply for the application to 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
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.
For any fishing vessel approved to change the group or fishing
area, the permit to fish in the east bigeye tuna fishing area
and north albacore tuna fishing area shall be denied. In case
that there is no applicant applying to fill in the vacancy in
the current year, such provision shall not be applied.
Chapter III Fishing Vessel and Fishing Gear Markings
Article 19
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 20
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
10.
Article 21
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
starboard 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 22
Boats and skiffs carried by any catching vessel shall bear the
same IRCS as the catching vessel concerned.
Article 23
Fishing gear(s) of any catching 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).
Chapter IV Fishing Gears and Methods, and Mitigation Measures
for Incidental Catch
Article 24
For any catching 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 25
For any tuna longline fishing vessel fishing in the WCPFC
Convention Area with hooks at a depth shallower than 100
meters and targeting swordfish, any of the following
mitigation measures shall be used:
(1)Large circle hooks shall be used; or
(2)Fishes except for Cephalopods species shall be used as
baits, and the bait fishes shall remain intact.
For the fishing vessel whose catch amount of swordfish in a
single month exceeds 40% of its total catch amount of the same
month, such vessel shall be regarded as targeting swordfish.
The large circle hooks as referred to in paragraph 1 are hooks
that are above 3 inches and are circular or oval in shape. The
point is turned perpendicularly back to the shank. These hooks
shall have an offset not to exceed 10 degrees.
Article 26
Except for fishing vessels of seasonal sharks group, any tuna
longling fishing vessel shall not use shark lines as shown in
Appendix 11.
Article 27
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 12, to release incidentally caught seabirds
and sea turtles.
Article 28
Any tuna longline fishing vessel fishing in the WCPFC
Convention Area shall use the seabird mitigation measures,
specifications of which are as shown in Appendix 13, in
accordance with the following provisions:
(1)When fishing in the WCPFC Convention Area north of 23°N,
the tuna longline fishing vessel shall use at least two
seabird bycatch mitigation measures which may be the
installation of two sets of tori lines or one set of tori
line together with one of the following measures: weighted
branch lines, night setting, management of offal discharge,
blue dyed bait and deep setting line shooter.
(2)When fishing in the WCPFC Convention Area south of 30°S, the
tuna longline fishing vessel shall use at least two seabird
bycatch mitigation measures, one of which shall be tori
lines, and the other shall be weighted branch lines or night
setting.
Any tuna longline fishing vessel fishing in the IATTC
Convention Area south of 30°S and north of 23°N, as well as the
area bounded by the coastline at 2°N, west to 2°N-95°W, south
to 15°S-95°W, east to 15°S-85°W, and south to 30°S shall use
at least two different seabird bycatch mitigation measures, one
of which shall be tori lines and the other shall be night
setting, weighted branch lines, management of offal discharge
or line shooting device. The area is as shown in Appendix 14,
and the specifications of the seabird mitigation measures are
as shown in Appendix 15.
Chapter V Catch Limits or Quotas
Article 29
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.
Article 30
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 Pacific
Ocean and the individual catching vessel quota shall be
promulgated by the competent authority in accordance with the
conservation and management measures.
The percentage of the annual total catch quota in the WCPFC
Convention Area allocated to the large scale longliners and
small scale longliners fleets is 57% and 43% respectively.
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 catching vessels 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.
In case that the number of fishing vessels obtaining the
distant water fisheries permits of each group in the current
year does not exceed the limit, the total remaining quota may
be arranged by the competent authority.
Article 31
The distant water fisheries permit of the current year shall
be obtained for granting the quota of the current year to the
catching vessel.
For any catching 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
catching 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 catching 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 catching
vessel concerned in the current year:
(1)Loss of a catching 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 32
The catch amount of the fish species with catch limit or that
of striped marlin for any catching 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 catch 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 33
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
catching vessel actual fishes accounts for the whole year;
shall retrieve the quota on a pro-rata basis from the catching
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 catching vessel is punished by the competent authority
of the suspension of the fishing license for one month and
above.
(2)The catching vessel is detained in the port by foreign
government.
Article 34
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding
paragraph means that the bigeye tuna catch amount of the
fishing vessel during six months exceeds 50% and above of its
total catch amount of the same period.
Any small scale longliner fishing in the area north of 20°N
shall not target albacore tuna.
The targeting of albacore tuna as referred to in the preceding
paragraph means that the albacore tuna catch amount of the
fishing vessel during six months exceeds 40% and above of its
total catch amount of the same period.
Article 35
For any tuna longline fishing vessel which changes the fishing
Ocean or group with other vessel pursuant to Article 18, 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 36
Any large scale longliner may, at its discretion, transfer its
bigeye tuna quota allocated for each of its fishing areas in
the Pacific Ocean and shall report such transfer to the
competent authority for perusal. The total bigeye tuna quota
allocated to the individual large scale longliner in the WCPFC
Convention Area shall remain the same before and after the
transfer.
Article 37
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.
In case that fishing vessels of the bigeye tuna group transfer
their quota of different fishing areas to each other and, after
such transfer, the total quota of such vessel in the entire
Pacific Ocean is less than its individual vessel quota in the
current year, the provision stipulated in the preceding two
paragraphs shall not apply.
Article 38
Fishing vessels of albacore tuna group may, through the
coordination of the Tuna Association which reports to the
competent authority for approval, transfers their bigeye tuna
quotas of different fishing areas to each other. The total
bigeye tuna quota of such fishing vessel in the Pacific Ocean
shall remain the same before and after the transfer.
Article 39
The competent authority may, after July of each year, announce
the additional bigeye tuna quota that can be applied for.
For the application of the additional quota as referred to in
the preceding paragraph, the following provisions shall be met:
(1)For the fishing vessel of bigeye tuna group: such fishing
vessel has received the bigeye tuna quota from other
vessel(s), and its accumulated 330 metric tons of bigeye
tuna quota has been used up to 70%.
(2)For the fishing vessel of frozen yellowfin tuna group: such
fishing vessel has used its bigeye tuna quota 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 pursuant to paragraph
2 shall not be transferred.
Article 40
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.
12.5 metric tons of premium quota of bigeye tuna may be granted
for every accumulated 15 fishing days of any fishing vessel of
the bigeye tuna group fishing in the east bigeye tuna fishing
area, and the maximum of the premium quota granted may be 50
metric tons. The individual vessel quota of bigeye tuna and the
premium quota of such fishing vessel shall not be more than
400 metric tons in total.
The premium quota as referred to in the preceding paragraph
shall not be transferred.
Article 41
Except for fishing vessels of seasonal sharks group, any tuna
longline fishing vessel fishing in the WCPFC Convention Area
shall not target sharks.
The targeting of sharks as referred to in the preceding
paragraph means the catch amount of sharks during six months
exceeds 50% of the total catch amount of the same period.
Article 42
For any tuna longline fishing vessel fishing in the IATTC
Convention Area, its catch amount of silky sharks in one
fishing trip shall not exceed 20% of its total catch amount of
the same fishing trip.
In case that the fishing vessel as referred to in the preceding
paragraph fishes with hooks at a depth shallower than 100
meters, the catch of silky sharks of less than 100 centimeters
total length shall not exceed 20% of the total number of silky
sharks caught during one fishing trip.
Chapter VI Management of Vessel Position Reporting
Chapter 43
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 44
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 45
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 46
The ALC is deemed as signal-lost in the event that the
commissioned professional institution has not received
positions automatically transmitted by the ALC twice
consecutively for any tuna purse seine fishing vessel or four
times consecutively for any tuna longline fishing vessel or
carrier 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 Secretariat of the Western and Central
Pacific Fisheries Commission (hereinafter referred to as
“WCPFC”), or to the WCPFC Secretariat through the fishery
radio station located in the Republic of China. 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 16.
The transmit of vessel positions as referred to in the
preceding paragraph shall be every six hours for any tuna
longline fishing vessel and carrier vessel, and hourly for any
tuna purse seine 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 mal-function 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 47
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.
Article 48
In case of sighting of any national or foreign fishing vessel
in the area of high seas bounded by the exclusive economic
zones of the Cook Islands, French Polynesia and Kiribati
(hereinafter referred to as “the Easter High-Seas Pocket,
EHSP”), the distant water fisheries operator or the captain
shall submit a completed sighting report in the format as shown
in Appendix 17 to the competent authority within 15 days after
departure from the EHSP.
For any fishing vessel fishing in the EHSP, it shall keep at
least 5 nautical miles away from the exclusive economic zones
of other countries.
Chapter VII Logbooks and Catch Reports
Article 49
In the event that any catching 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 the 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 49-1
In the event that a tuna longline fishing vessel authorized to
conduct Pacific bluefin tuna fishing operation and whose
fishing area is west of 128°E and north of 17°N, fills in the
logbooks in accordance with Article 49, paragraph 1, such
vessel may not report its catch data through the E-logbook
system.
Article 50
Any tuna longline fishing vessel shall not catch Pacific
bluefin tuna or 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 case of any of the following circumstances, any
catching vessel shall immediately discard any subsequent catch
of the species concerned and record the amount of discard on
the logbooks and E-logbook system:
(1)The quota of the fish species with catch limit or the quota
of striped marlin is exhausted.
(2)Any Pacific bluefin tuna is subsequently caught after the
deadline prescribed by the competent authority in Article 4
of the Regulations on the Management of Pacific Bluefin Tuna
Fishing Operation.
Article 51
In case that any catching 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 catching vessel shall be released
when caught alive or discarded when dead, and the number(s)
shall be duly recorded on the logbooks and E-logbook system.
Article 52
Any fish species of no economic value or no utilizing value
caught by any catching vessel shall be released immediately,
and number(s) discarded shall be duly recorded on the logbooks
and E-logbook system.
Article 53
The E-logbook data or the logbook(s) submitted shall not be
altered or amended, unless there is apparent error with the
content and the competent authority has approved.
Article 54
The complete logbooks shall be maintained on board any catching
vessel for at least one year.
In case that any catching 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 55
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 catching 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 56
Any of the following circumstances 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 57
Any fishing vessel of the seasonal sharks group shall not catch
or retain on board any shark of less than 100 centimeters
total length.
Any fishing vessel of the seasonal sharks group shall not catch
sharks in the area north of 35°N, and between 165°E to 175°E
from June 1 to October 31 of each year.
In case of catching any shark as referred to in paragraph 1, or
catching any shark during the period or area as referred to in
the preceding paragraph, such catch shall be discarded and the
amount of discard shall be recorded on the logbooks and the
E-logbook.
Article 58
For any tuna longline fishing vessel employing ice chilling
method to preserve its sharks catches and transporting such
sharks catches to land in a domestic port, shark fins shall not
be fully cut off and shall be naturally attached to the
carcasses (hereinafter referred to as “fins 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, the 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.
In case that any fishing vessel of the seasonal sharks group
that employs frozen method to preserve its blue shark catch
lands in a domestic port, the shark fins and carcasses of blue
shark shall be landed concurrently in the same shipment, and
the weight of fins shall not be more than 5% of the weight of
such shark catches. The disposal of fins shall be exempted
from the provisions stipulated in the preceding paragraph.
Article 59
In case of at-sea transshipment of shark catches, shark
carcasses and fins shall be transshipped or landed concurrently
in the same shipment.
When sharks catches 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 59-1
Catching 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 60
Any catching vessel intending to conduct transshipment or
landing in a domestic port or a foreign port located in the
Pacific Ocean shall be limited to the ports stipulated in
Appendix 18.
Any fishing vessel with the distant water fisheries permit to
fish in the Atlantic or Indian 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 61
Any carrier vessel intending to transship catches from
catching 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;
(2)It is a foreign carrier vessel listed on the carrier lists
of the WCPFC or the IATTC, 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; or
(3)It is a part-time carrier vessel authorized by the competent
authority.
Article 62
The distant water fisheries operator of any tuna longline
fishing vessel of 80 GT and above may apply for such vessel to
conduct part-time transshipment.
The number of part-time carrier vessels shall be limited to ten
every year. In case that the number of applications exceeds
ten, it shall be decided in accordance with the order of
sequence.
The period of the authorization granted to the part-time carrier
vessel shall be one year. During such period, any part-time
carrier vessel shall not fish, and shall land only in ports of
the Republic of China.
The competent authority shall revoke the authorization ofany
authorized part-time carrier vessel that does not transship any
catch for six months starting from the date of authorization.
The competent authority shall, in accordance with the order of
sequence as referred to in paragraph 2, authorize the fishing
vessel in the next order as the part-time carrier vessel.
Article 63
Any carrier vessel or part-time carrier vessel of the Republic
of China shall not transship with, refuel or supply any fishing
vessel not listed in the authorized fishing vessel lists of
IATTC or WCPFC, or any fishing vessel that has altered its name
or registration numbers.
Article 64
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned
which transships catches from any catching vessel on the
non-cooperative carrier vessels list:
(1)The foreign carrier vessel has violated any provision
regarding vessel position reporting; or
(2)The foreign carrier vessel has violated any provision
regarding transshipment or landing.
Article 65
The at-sea transshipment shall not be conducted in the EHSP
from 1 January 2019.
Article 66
For any small scale longliner approved to fish in the eastern
Pacific swordfish fishing area, its catches shall be landed
only in the ports of the Republic of China.
Article 67
Any carrier vessel intending to conduct transshipment at sea
shall receive an observer in accordance with the regional
observer program of the IATTC or WCPFC 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.
The distant water fisheries operator whose tuna longline
fishing vessel(s) conducts transshipment at sea on the
Convention Water(s) shall share the cost for the implementation
of the regional observer program in accordance with such
program of IATTC or WCPFC.
Article 68
For any carrier vessel intending to transship at sea, the
distant water fisheries operator shall submit the
transshipment plan and relevant information and apply to the
competent authority 15 days before the at-sea transshipment
for approval. The content of the information to be submitted
is as shown in Appendix 19. 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 19, apply to the
competent authority for approval before conducting the
transshipment in port with any catching vessel for the first
time in the current year.
In case of any addition to the list of catching 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 catching vessel(s) may only be
conducted after the approval has been granted. Any application
submitted after the prescribed deadline shall be denied.
Article 69
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 68 shall
be denied:
(1)The carrier vessel concerned does not meet the requirements
stipulated in Article 61;
(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
concerned has not been paid completely.
Article 70
Any catching 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 and submit it to the
competent authority in accordance with the following prescribed
timeframe, and the formats of the Transshipment Notification
for tuna longline fishing vessels are as shown in Appendix 20
and 21, for tuna purse seine fishing vessels is as shown in
Appendix 22:
(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.
In case of any of the following circumstances, the distant
water fisheries operator or captain concerned shall apply to
the competent authority before the transshipment, and such
transshipment shall only be conducted after the competent
authority approves:
(1)The transshipment will not be conducted within the deadline
as prescribed in the preceding paragraph.
(2)The change of the estimated location for at sea
transshipment exceeds 24 nautical miles.
Article 71
For any catching 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 catching 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.
Article 72
In the event that the catch of any catching 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 70 shall apply.
Article 73
The catching vessel or carrier vessel which obtains the approval
to transship pursuant to Article 70 shall not conduct the
transshipment in the event that the ALC on board is signal-lost
and has not been repaired.
Article 74
For any transshipment at sea in the WCPFC Convention Area or
transshipment at sea of any catch taken from the WCPFC
Convention Area conducted by a carrier vessel, the WCPFC
Transshipment Declaration shall, within 24 hours after the
completion of such transshipment, be filled in and submitted
to the competent authority. The format of the WCPFC
Transshipment Declaration is as shown in Appendix 23.
For transshipment at sea in the IATTC Convention Area conducted
by the carrier vessel, the IATTC Transshipment Declaration
shall, within 24 hours after the completion of such
transshipment, be filled in and submitted to the IATTC
Secretariat, with a copy to the competent authority. The format
of the IATTC Transshipment Declaration is as shown in Appendix
24.
Any carrier vessel shall, within seven working days after the
completion of transshipment in port, submit the Transshipment
Declaration to the competent authority. Formats of the
Transshipment Declaration are as shown in Appendix 23, 24 and
25.
The distant water fisheries operator or the captain of any
catching vessel shall, within seven working days after the
completion of transshipment, submit the Transshipment
Declaration to the competent authority. The formats for tuna
longline fishing vessels are as shown in Appendix 23 and 24,
and for tuna purse seine fishing vessels, the format is as
shown in Appendix 25.
Article 75
The catching vessel which may conduct transshipment with the
part-time carrier vessel shall be limited to the catching
vessel that has been approved by the competent authority to
engage in fisheries cooperation with foreign country.
The catching vessel approved to transship with the part-time
carrier vessel shall transship in the port of the foreign
country with which the fisheries cooperation is engaged, and
shall comply with relevant management regulations of that
foreign country.
Article 76
For any caching 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 26,
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 catching 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 catching vessel with the catch
subsequently being transported by commissioning a container
vessel, the distant water fisheries operator or the captain
of such catching vessel shall submit it no later than three
days before the estimated date for landing.
(3)For the landing conducted by a catching vessel with the catch
subsequently being transported by commissioning an airplane,
the distant water fisheries operator or the captain of such
catching vessel shall submit it no later than three days
before the estimated date for landing.
(4)For the landing conducted by a carrier vessel, the distant
water fisheries operator of a catching 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.
For any tuna purse seine fishing vessel that has submitted the
transshipment declaration in accordance with the relevant
regulations, it shall be deemed as having applied for the
landing approval in accordance with paragraph 1.
For any tuna longline fishing vessel that is authorized to
conduct Pacific bluefin tuna fishing operation and has notified
the fishery radio station in accordance with Article 25 of the
Regulations on the Management of Pacific Bluefin Tuna Fishing
Operation for landing the Pacific bluefin tuna caught in a
domestic port, it shall be deemed as having applied for the
landing approval in accordance with paragraph 1.
Any tuna longline fishing vessel approved to be chartered for
the fisheries cooperation with a foreign country may land at
the ports of such a foreign country when operating in the water
thereof, in accordance with the manner approved by such
country.
Article 76-1
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 77
(1)Upon the completion of landing of any catching 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 26, by the prescribed deadline: For
the landing conducted by a catching 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 catching vessel with the catch
subsequently being transported by commissioning a container
vessel, the distant water fisheries operator of such catching
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 catching vessel with the catch
being subsequently transported by commissioning an airplane,
the distant water fisheries operator of such catching vessel
shall submit the Declaration within five working days after
the airplane carrying such catch arrives at the destination.
(4)For the landing conducted by a carrier vessel, the distant
water fisheries operator of a catching 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 78
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 the 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 only be started 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 79
The distant water fisheries operator of any catching 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 Operation
Article 80
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 estimated 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 81
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 82
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.
Article 83
In the event that an observer dies or the search and rescue
are ceased for a missing observer fallen overboard, the fishing
vessel shall immediately cease fishing operations, and the
competent authority shall order such vessel to navigate
directly to the port designated by the competent authority for
investigation.
In the event that an observer suffers from a serious illness or
injury that threatens his or her health or safety, the fishing
vessel shall immediately cease fishing operations and
facilitate the disembarkation of the observer for appropriate
medical treatment.
In the event that an observer is assaulted, intimidated,
threatened, or harassed, the competent authority may order
such vessel to immediately cease fishing operations and
navigate to the designated port within the required timeframe.
Chapter XI Tuna Purse Seine Fishing Vessels
Article 84
Matters related to the management of tuna purse seine fishing
vessels shall be governed by this Chapter. Matters not
stipulated in this Chapter shall be governed by these
Regulations.
Article 85
The total number of fishing days on the high seas of tuna
purse seine fishing vessels shall not exceed the limit of the
total number of fishing days for the current year promulgated
by the competent authority.
Article 86
Any tuna purse seine fishing vessel shall not use or retrieve
any fish aggregating device (hereinafter referred to as
“FAD”) and shall not catch the school of fish associated
with FAD(s) during the FAD closure period promulgated by the
competent authority.
The definition of FAD as referred to in the preceding
paragraph means any object, creature or method, regardless of
size, living or non-living, floating on or near the water
surface or semi-submerged in the water, that is capable of
aggregating fish. Types include buoys, floats, webbings, weaved
items, plastic, drifting woods (bamboo, timber, log, etc),
creature (such as whale shark), fishing vessel itself or
another vessel, underwater light and casting bait.
During the period of FAD closure, any tuna purse seine fishing
vessel shall report its position once in every 30 minutes, and
manual report while fishing shall be prohibited.
Article 86-1
Any tuna purse seine fishing vessel shall not deployed at sea,
at any one time, more than 350 drifting FADs with activated
instrumented buoys.
An instrumented buoy as referred to in the preceding paragraph
shall be clearly marked the reference number allowing its
identification, and shall be activated exclusively on board
the fishing vessel.
Any distant water fisheries operator shall, before the
activation of an instrumented buoy as referred in paragraph 1,
report the information on the brand, type and reference
number of such instrumented buoy.
Article 87
The annual limit on the number of fishing days on the high seas
and the period of FAD closure for tuna purse seine fishing
vessels shall be promulgated by the competent authority in
accordance with the conservation and management measures.
The period for using the fishing days on the high seas is from
January 1 to December 31 of the current year.
Article 88
Any tuna purse seine fishing vessel shall, during the period
of port departure to port entry, carry on board the observer
who meets the requirements of the international fisheries
organization(s), and shall report the list of observer(s) to
the competent authority prior to port departure. In case of
special circumstances and with the competent authority’s
approval, such provision may not apply.
In case of any change to the observer as referred to in the
preceding paragraph, the list of observer(s) shall be reported
to the competent authority prior to such change.
For any tuna purse seine fishing vessel fishing in the
exclusive economic zone of a foreign country with which the
fisheries cooperation is engaged, such vessel shall carry the
observer approved by that foreign country.
Article 89
Any captain of the tuna purse seine fishing vessel fishing on
the high seas shall daily fill in the Form of Number of Fishing
Days on the High Seas and submit it before next day to the
Purse Seine Association. The Purse Seine Association shall
compile the Form of Number of Fishing Days on the High Seas
every week and submit to the competent authority for perusal.
The format of the Form of Number of Fishing Days on the High
Seas is shown as Appendix 27.
In case that the total fishing days on the high seas has reached
80% of the limit of the current year, the competent authority
may notify all tuna purse seine fishing vessels of the time to
stop fishing on the high seas.
Article 90
Any purse seine fishing vessel shall not set on a school of
fish associated with a cetacean or whale shark.
Article91
Any tuna purse seine fishing vessel shall not engage in
transshipment, supplying or refueling on the high seas, and
shall land or transship in port.
Article 92
Any skipjack, bigeye tuna or yellowfin tuna caught by any purse
seine fishing vessel shall be retained on board, except for
the conditions stipulated in paragraph 2 of this Article.
In case of one of the following conditions for the skipjack,
bigeye tuna or yellowfin tuna caught by the final set of a
fishing trip of any purse seine fishing vessel, such catches
may be discarded. The captain or distant water fisheries
operator of such vessel shall record the amount of discard on
the logbooks and the E-logbook and, within 48 hours, fill in
and submit the Discard Notification of Purse Seiner Catches
(format as shown in Appendix 28) to the WCPFC Secretariat, the
competent authority and the observer onboard:
(1)There is insufficient well space.
(2)The catch is unfit for human consumption.
(3)Serious malfunction of equipment of the vessel occurs.
Article 93
Any tuna purse seine fishing vessel shall carry the scoop/dip
net to safely release any sea turtle incidentally caught.
In the event that a cetacean, whale shark or sea turtle is
incidentally caught in the purse seine net or encircled in the
FAD, the captain shall take all possible measures to safely
release such species, and fill in the report for submission to
the competent authority for perusal within 60 days after the
incident happened. The format of the report is as shown in
Appendix 29.
Chapter XII Special Management Measures for High Risk Fishing
Vessels
Article 94
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 95
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 96
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 XIII Supplemental Provisions
Article 97
Any catching 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 98
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 98-1
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 30.
Article 99
These Regulations shall become effective on January 20, 2017.
Amendments to these Regulations shall become effective on the
date of promulgation. |