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Title: Regulations for Fishing Vessels Conducting Squid Jigging Fishery Ch
Date: 2018.01.30
Legislative: 1.The full text of 47 articles promulgated on 20 January 2017
by the Council of Agriculture, Executive Yuan under Order
No. Nung-yu-tzu 1061332419A.

2.Part of these Regulations, Appendix 2 of Article 5, and
Appendix 6 of Article 35 amended and promulgated on 30
January 2018 by the Council of Agriculture, Executive Yuan
under Order No. Nung-yu-tzu 1061339866.
Content: Chapter I General Principles

Article 1 
These Regulations are established pursuant to Article 2, 
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)“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).
(2)“Carrier vessel” means the following vessels that conduct 
   the transshipment of catches from squid jigginh 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
Any distant water fishing vessel conducting squid jigging 
fishery (hereinafter referred to as “squid jigging fishing 
vessel”) shall be limited to a fishing vessel with the squid 
jigging registered as the main fishery on its fishing license.

Article 4 
Fishing areas for squid jigging fishing vessels are divided as 
follows (as shown in Appendix1): 
(1)North Pacific Ocean fishing area: the waters of the north 
   Pacific Ocean north of a line extending east along the 20°N 
   from the 140°E to the intersection with the 110°W, and the 
   waters of a line extending east along the 10°N from the 180°
    meridian to the intersection with the 140°W.
(2)Eastern Pacific Ocean fishing area: the waters of Pacific 
   Ocean east of 150°W, south of 10°N, and west of 70°W.
(3)Southwestern Atlantic Ocean fishing area: the waters of the 
   Atlantic Ocean south of 35°S, west of 50°W, and east of 
   70°W. 

Squid jigging fishing vessels shall fish only within the 
fishing area(s) permitted by the competent authority.

For any squid jigging 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.

Chapter II Application and Issuance of the Distant Water 
Fisheries Permit 

Article 5 
Any distant water fisheries operator intending to apply for 
the distant water fisheries permit(s) for his/her fishing 
vessel(s) to fish in each fishing area in the following year 
shall fill in the application form (formats as shown in 
Appendix 2) 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 following color photographs of the fishing vessel no 
   older than five years and the electronic files. The photos 
   should clearly show the Chinese/English name of the vessel 
   and its international radio call sign (IRCS) and the size 
   shall not be smaller than 12 cm by 7 cm:
   i.One photo that shows the complete length and structural 
     characteristics of the starboard side of the vessel;
   ii.One photo that shows the complete length and structural 
      characteristics of the portside of the vessel; and
   iii.One photo of the stern of the vessel taken directly 
       from behind the vessel. 
(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.

The fishing area shall be selected in accordance with Article 4 
for any squid jigging fishing vessel while filling in the 
application form. Multiple fishing areas may be applied.

Article 6 
Any distant water fisheries operator intending to apply for the 
distant water fisheries permit for the following year shall 
enclose the required documents as stipulated in Article 5 and 
shall register to the Taiwan Squid Fishery Association 
(hereinafter referred to as “the Squid Association”) by 
October 15 of the current year. The Squid Association shall 
compile and submit applications to the competent authority by 
October 31 of the current year.

Article 7 
In case of any of the following conditions, the distant water 
fisheries operator may submit the documents prescribed in 
Article 5, paragraph 1 and apply for the distant water 
fisheries permit to the competent authority, notwithstanding 
the application procedures and deadline prescribed in Article 
6:
(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 8 
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, gross tonnage (GT), length overall 
   (LOA) and fisheries type of the fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, fishing area(s), and fishing 
   period;
(5)The 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 9 
For any fishing vessel permitted to conduct squid jigging 
fishery whose information recorded on the application is 
changed or whose external characteristic(s) differs from the 
photo(s) of the vessel submitted, the distant water fisheries 
operator shall provide, within three working days after such 
change, the Squid Association with the new vessel information 
or new photos. The Squid Association shall submit such 
information/photos to the competent authority within three 
working days following the receipt.

Article 9-1
Any distant water fisheries operator of squid jigging fishing 
vessel that has obtained the distant water fisheries permit 
may at any time register to the Squid Association for applying 
to the competent authority for new fishing area(s).  

Chapter III Fishing Vessel Markings 

Article 10 
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 11 
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 
3.

Article 12 
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.

Chapter IV Management of Vessel Position Reporting

Article 13 
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. 

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 14 
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 the preceding 
provision 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 15 
Any fishing vessel 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 16 
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. In the event that the ALC is signal-lost for 
three consecutive days, it is deemed as malfunction.

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. The vessel positions shall be recorded by 
automatic recording satellite navigator for perusal in later 
days.

The transmit of vessel positions as referred to in the 
preceding paragraph shall be hourly for any fishing vessel.

In the event that the ALC on board is mal-functional, the 
competent authority shall be notified of using the spare set. 
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 17 
In the event that the ALC onboard is deemed as signal-lost for 
an accumulative period of five 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 such 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 V Logbooks and Catch Reports

Article 18 
In the event that any squid jigging 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 any squid jigging fishing vessel enters a port, 
the logbooks as referred to in paragraph 1 shall be submitted 
by its distant water fisheries operator to the competent 
authority in accordance with the following timeframe:
(1)For port entry into any domestic port: within three days.
(2)For port entry into any foreign port: within 60 days.

Article 19 
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 three 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 the E-logbook system as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.

Article 20 
Any salmon, trout, sea turtle, seabird, whale shark, cetacean, 
penguin or other prohibited species promulgated by the competent
 authority incidentally caught by any squid jigging fishing 
vessel shall be released when caught alive or discarded dead, 
and the number(s) be duly recorded on the logbooks.  

Article 21
Any fish species of no economic value or no utilizing value 
caught by any squid jigging fishing vessel shall be released 
immediately, and the number(s) discarded shall be duly recorded
 on the logbooks.

Article 22
In case of bycatch of sharks by any squid jigging fishing 
vessel, fins shall not be fully cut off and shall be naturally 
attached to carcasses for the disposal of shark fins, and the 
number(s) of sharks shall be duly recorded on the logbooks.

Article 23 
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 24
The discrepancy between the catch amount recorded in the 
E-logbook or the logbook during one fishing trip of any squid 
jigging fishing vessel and the actual landing amount shall not 
exceed 20% of the actual landing amount.

In the event that the discrepancy between the catch amount 
recorded in the E-logbook or the logbook and the actual landing 
amount exceeds 50% of the actual landing amount, it shall be 
defined as “seriously misreporting” as referred to in 
subparagraph (12) of Article 13, paragraph 1 of the Act.

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

Article 25 
Any suqid jigging fishing vessel intending to conduct 
transshipment or landing at foreign ports shall be limited to 
the following ports: 
(1)Eastern Pacific Ocean fishing area: Callao, Peru.
(2)North Pacific Ocean fishing area: Busan, Korea. 
(3)Southwestern Atlantic Ocean fishing area: Montevideo, 
   Uruguay; and Port Stanley, Falkland Islands. 

Any squid jigging fishing vessel intending to conduct landing 
at domestic ports shall be limited to Chienchen Fishing Harbor 
and Siaogang Fishing Harbor in Kaohsiung City.

Any fishing vessel intending to conduct landing in mainland 
China shall be limited to the designated ports stipulated in 
the Regulations on Permission and the Management of Fishing 
Vessels Sailing to Mainland China.

Article 26
Any carrier vessel of the Republic of China that intends to 
transship catches from squid jigging fishing vessel(s) shall 
obtain the distant water fisheries permit.

Any foreign carrier vessel intending to transship catches from 
squid jigging fishing vessel(s) shall meet the following 
requirements: 
(1)Any foreign carrier vessel intending to transship catches 
   from squid jigging fishing vessel(s) of the eastern Pacific 
   Ocean fishing area shall be listed on the list of authorized 
   vessels of the South Pacific Regional Fisheries Management 
   Organization, and shall be installed with the ALC which 
   meets the standards specified by the competent authority. At
    least one vessel position in every two hours shall be sent 
   to the commissioned professional institution.
(2)Any foreign carrier vessel intending to transship catches 
   from squid jigging fishing vessel(s) of the north Pacific 
   Ocean fishing area shall be listed on the record of vessels 
   of the North Pacific Fisheries Commission. 
(3)Any foreign carrier vessel intending to transship catches 
   from squid jigging fishing vessel(s) of the southwestern 
   Atlantic Ocean fishing area shall obtain the operation 
   permit from the flag State concerned.

Article 27
Any carrier vessel of the Republic of China shall not transship
 with, refuel or supply any fishing vessel not listed on the 
authorized vessels lists of the North Pacific Fisheries 
Commission or the South Pacific Regional Fisheries Management 
Organization, or any fishing vessel that has altered its name 
or registration number.

For any fishing vessel intending to engage in supplying or 
refueling with other vessel(s) in the Convention Area of the 
South Pacific Regional Fisheries Management Organization, it 
can engage in such activities only with vessel(s) listed on 
the authorized vessels list of the South Pacific Regional 
Fisheries Management Organization.

Article 28
In case of any of the following circumstances, the competent 
authority shall list the foreign carrier vessel concerned which
 transships catches from squid jigging fishing vessel(s) on the
 non-cooperative carriers 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 29 
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 4) and 
apply to the competent authority five days before the 
transshipment at sea 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 4, apply to the 
competent authority for approval before conducting the 
transshipment in port with any squid jigging fishing vessel 
for the first time in the current year.

In case of any addition to the list of squid jigging fishing 
vessel(s) in the transshipment plan authorized 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 squid jigging 
fishing vessel(s) may only be conducted after the approval has
 been granted. Any application submitted after the prescribed 
deadline shall be denied.
 
Article 30
In case of any of the following circumstances, the application 
of transshipment plan made in accordance with Article 29 shall 
be denied:
(1)The carrier vessel concerned does not meet the requirements 
   stipulated in Article 26;
(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 31 
Any squid jigging 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 5) and submit it to the competent authority 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 before or after the approved date. 
Notwithstanding such provision, the actual transshipment date 
shall not be within two days after the application date. 

For any transshipment to be conducted not within the approved 
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 transshipment and obtain the 
approval from the competent authority before conducting the 
transshipment.

Article 32
For any squid jigging 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 squid jigging fishing vessel or carrier vessel that is 
under any of the following circumstances during the 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 catch to be transshipped exceeds 20% of 
   the amount reported through the E-logbook system.

Article 33 
In the event that the catch of any squid jigging 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 31 shall apply.

Article 34 
The squid jigging fishing vessel or carrier vessel which 
obtains the approval to transship pursuant to Article 31 shall
 not conduct the transshipment in the event that the ALC on 
board is signal-lost and has not been repaired.

Article 35 
For any carrier vessel that receives catches, it shall separate
 catches from each individual squid jigging fishing vessel and 
fill in the transshipment declaration (format as shown in 
Appendix 6). 

The distant water fisheries operator or the captain of any 
squid jigging fishing vessel and carrier vessel shall, within 
three working days after the completion of transshipment, 
respectively submit the transshipment declaration to the 
competent authority. In the event that both the squid jigging 
fishing vessel and the carrier vessel are of the Republic of 
China, submission of the transshipment declaration from the 
distant water fisheries operator or captain of such carrier 
vessel may be waived.
 
Article36
For any squid jigging fishing vessel landing its catch in a 
domestic or foreign port, the following person(s) shall fill 
in the Advance Notice of Landing (format as shown in Appendix 
7), 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 squid jigging 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 squid jigging fishing vessel 
   with the catch subsequently being transported by 
   commissioning a container vessel, the distant water 
   fisheries operator or the captain of such squid jigging 
   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 squid jigging fishing vessel 
   shall submit it no later than three days before the 
   estimated date for landing. 
(4)For the landing conducted by a carrier vessel with the catch
    subsequently being transported by commissioning a container
    vessel, the distant water fisheries operator of a squid 
   jigging fishing vessel shall submit it no later than three 
   days before the estimated date for landing.

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 of the squid jigging fishing 
vessel 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 squid jigging 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 squid 
jigging 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.

Fishing vessels may only apply for navigating from the fishing 
area to the port(s) of Mainland China for landing in accordance
 with paragraph 1 after the completion of fishing operations in
 the current year, and shall not load any object from the
Mainland China.

Article 37 
Upon the completion of landing of any squid jigging fishing 
vessel, the following person(s) shall fill in and submit to the
 competent authority the Landing Declaration (format as shown 
in Appendix 7 for the north Pacific Ocean fishing area and 
southwestern Atlantic Ocean fishing area; Appendix 8 for the 
eastern Pacific fishing area), by the prescribed deadline: 
(1)For the landing conducted by a squid jigging 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 squid jigging fishing vessel 
   with the catch subsequently being transported by 
   commissioning a container vessel, the distant water 
   fisheries operator of such squid jigging 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 squid jigging fishing vessel 
   shall submit the Declaration within five working days after 
   the completion of landing by the carrier vessel.
(4)For the landing conducted by a carrier vessel with the catch 
   subsequently being transported by commissioning a container 
   vessel, the distant water fisheries operator of a squid 
   jigging fishing vessel shall submit the Declaration within 
   five working days after the container(s) containing such 
   catch unloads and completes customs clearance.

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

For catch from the eastern Pacific Ocean fishing area 
transshipped by commissioning any carrier vessel, the distant 
water fisheries operator or the captain of such carrier vessel 
shall submit the Eastern Pacific Ocean Carrier Vessel Landing 
Declaration (as shown in Appendix 9) to the competent authority 
within five working days following the completion of landing of 
all the commissioned catches from the squid jigging fishing 
vessel(s).

Article 38
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 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 39 
The distant water fisheries operator of any squid jigging 
fishing vessel shall, within 60 days after the completion of 
sale or landing, submit sales or inventory information to the 
competent authority. The sales information shall at least 
include buyer(s), fish species and quantities.

Chapter VII Observation or Inspection during Fishing Operations

Article 40 
The distant water fisheries operator of any fishing vessel that
 receives the observer dispatched by the competent authority 
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 41 
The captain of any fishing vessel that receives the observer 
dispatched by the competent authority 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 
   provisions 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 42 
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 VIII Special Management Measures for High Risk Fishing 
Vessels 

Article 43 
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 44 
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 V.
(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 45 
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 IX Supplemental Provisions

Article 46 
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 47
These Regulations shall become effective on January 20, 2017. 

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