| 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. |