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Chapter I General Principles
Article 1
These Regulations are hereby established pursuant to Article 6,
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3;
and Article 24, paragraph 2 of the Act for Distant Water
Fisheries (hereinafter referred to as “the Act”).
Article 2
Terms used in these Regulations are defined as follows:
(1)“Tuna longline fishing vessel” means any fishing vessel
targeting highly migratory fish species such as tunas,
billfishes, sharks, skipjacks, or mahi mahi with longline
fishing gears.
(2)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).
(3)“Carrier vessel” means the following vessels that conducts
the transshipment of catches from tuna longline fishing
vessel(s) to itself and transports to ports:
i.‘Carrier vessel of the Republic of China’ refers to the
carrier vessel which has the fishing license of the
Republic of China.
ii.‘Foreign carrier vessel’ refers to the carrier vessel,
excluding container vessel, which has the valid
nationality certificate of the flag State of a foreign
country.
Article 3
Fishing vessels proceeding to the Atlantic Ocean to catch
highly migratory species such as, tunas, billfishes, sharks,
skipjack, or mahi mahi shall be limited to tuna longline
fishing vessels of 100 Gross Tonnage (GT) and above. The area
of the Atlantic Ocean is as shown in Appendix 1.
“Regulations for Fishing Vessels Conducting Southern Bluefin
Tuna Fishery” shall also be applied to any tuna longline
fishing vessel catching southern bluefin tuna.
Article 4
Tuna longling fishing vessels proceeding to the Atlantic Ocean
for fishing operation are categorized, in accordance with the
catch species, into the following groups and fishing areas,
which are as shown in Appendix 2 and 3:
(1)Bigeye tuna group: targeting bigeye tuna. The fishing area
is north of 25°S to south of 25°N.
(2)North albacore tuna group: targeting north Atlantic albacore
tuna. The fishing area is north of 10°N and west of 45°W,
and north of 5°N, excluding the Mediterranean Sea.
(3)South albacore tuna group: targeting south Atlantic albacore
tuna. The fishing area is south of 10°S
Any tuna longline fishing vessel shall fish only within the
fishing area(s) permitted by the competent authority.
Article 5
Limits on the number of tuna longline fishing vessels fishing
in the Atlantic Ocean are as follows:
(1)Bigeye tuna group: the number of fishing vessels is limited
to 56.
(2)North albacore tuna group: the number of fishing vessels is
limited to 8.
(3)South albacore tuna group: the number of fishing vessels is
limited to 30.
Chapter II Application and Issuance of the Distant Water
Fisheries Permit
Article 6
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 Atlantic Ocean in the following year
shall fill in the application form, formats of which are as
shown in Appendix 4 and 5, in accordance with types of fishing
vessels and groups () and submit it with the following
documents:
(1)A copy of the valid fishing license which shall contain the
International Maritime Organization (IMO) ship
identification number 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/catching 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/catching 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 provided such form shall be exempted
from this provision.
Article 7
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 north albacore tuna group for the following year
shall meet any of the following conditions:
(1)It was approved by the competent authority, before 30
November 2014, as the fishing vessel of the north albacore
tuna group.
(2)It is a newly built fishing vessel which has received the
replacement tonnage of a fishing vessel approved by the
competent authority, before 30 November 2014, as the fishing
vessel of the albacore tuna group.
Any fishing vessel that applies for the distant water fisheries
permit of the south albacore tuna group for the following year
shall meet any of the following conditions:
(1)It belongs to the south 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 south
albacore tuna group.
Article 8
For the application of the distant water fisheries permit of
the following year, the documents prescribed in Article 6 shall
be submitted in accordance with the following procedures and
deadline:
(1)For any distant water fisheries operator 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 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 carrier
vessel(s) of the Republic of China, he/she shall apply to
the competent authority before October 31 of the current
year.
Article 9
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 albacore tuna
fishing area or the south albacore tuna fishing area from April
to September of the current year, notwithstanding the
application procedures and deadline prescribed in Article 8.
Article 10
In the event that the number of fishing vessels obtaining the
distant water fisheries permits of the north albacore tuna
group does not reach the limit of the current year, the
competent authority may announce in due course to accept
applications from the fishing vessel(s) which has obtained the
permit of south albacore tuna group, notwithstanding the
application deadline prescribed in Article 8.
In the event that the number of applying fishing vessels as
referred to in the preceding paragraph exceeds the limit, the
Tuna Association shall draw lots to decide the priority in an
equitable and impartial manner and deliver the list of vessel
priority to the competent authority for approval.
Article 11
In case of any of the following conditions, the distant water
fisheries operator may submit the documents prescribed in
Article 6 and apply for the distant water fisheries permit
from the competent authority, notwithstanding the application
deadline prescribed in Article 8:
(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 12
A certificate of distant water fisheries permit will be issued
to the application of approved by the competent authority. The
maximum period of validity of the permit shall be one year, and
shall not exceed that of the fishing license.
The certificate of distant water fisheries permit shall record,
both in Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, GT, length overall (LOA) and fisheries
type of the fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, group, fishing area(s),and
fishing period;
(5)The International Radio Call Sign (IRCS); and
(6)The IMO ship identification number or LR 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 13
Any tuna fishing vessel intending to interchange the groups or
fishing Oceans shall apply for the application to the competent
authority.
In the event that a tuna longline fishing vessel 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;
(4)For any fishing vessel intending to change to the north
albacore tuna group, there shall be no other vessel in the
list of vessel priority to fill in the vacancy in accordance
with Article 10 in the current year; and
(5)The penalty of suspending the fishing license has been
completely executed.
For any fishing vessel approved to change the group or fishing
Ocean, documents shall be provided to prove the fish holds have
been empted and the certificate of the distant water fisheries
permit originally issued shall be returned for the issuance of
the new certificate of distant water fisheries permit after the
change of fishing Ocean or group.
Chapter III Fishing Vessel and Fishing Gear markings
Article 14
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 15
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 6.
Article 16
Vessel markings shall be placed in accordance with the
following:
(1)The Chinese vessel name shall be placed on the port bow and
the starboard bow, and the center of stern or port quarter
or starboard quarter, where the vessel name is clearly
visible.
(2)The English vessel name shall be placed on the port bow and
the starboard bow, and the center of stern or port quarter
or starboard quarter, under the Chinese vessel name.
(3)The CT numbers shall be placed on the port bow and the
straboard bow, under the English vessel name.
(4)The IRCS shall be placed above the waterline on both sides
of any fishing vessels and on a deck where the IRCS is not
obscured by fishing gear(s), and shall be clear of the bow,
stern, discharge or areas which might be prone to damage or
discoloration. In case that the lowest edge of characters is
under the waterline when the fish holds are full, the IRCS
shall be placed on the fishing vessel’s superstructure.
Article 17
Fishing gear(s) of any tuna longline fishing vessel shall be
equipped with signal flags, radar reflector buoys or other
similar devices so as to identify the position(s) and fishing
area(s).
Chapter IV Fishing Gears and Methods, and Mitigation Measures
for Incidental Catch
Article 18
For any tuna longline fishing vessel navigating through the
water under national jurisdiction of any foreign country, all
fishing equipments 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 19
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 7, to release incidentally caught seabirds
and sea turtles.
Article 20
Any tuna longline fishing vessel fishing in the Atlantic Ocean
shall use the seabird mitigation measures, specifications of
which are as shown in Appendix 8, in accordance with the
following provisions:
(1)Any fishing vessel fishing in the area south of 20°S to
25°S shall use tori lines during fishing, and shall carry
on board at least one spare set.
(2)Any fishing vessel fishing in the area south of 25°S shall,
in addition to tori lines, use weighted branch lines.
Chapter V Catch Limits or Quotas
Article 21
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, north Atlantic
albacore tuna, south Atlantic albacore tuna, north Atlantic
swordfish, south Atlatic swordfish, blue marlin, white marlin,
and longbill spearfish.
Article 22
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 Atlantic
Ocean and the quota for individual tuna longline fishing vessel
shall be promulgated by the competent authority in accordance
with the conservation and management measures.
In the event that the total catch amount of the species with
catch limit has reached 95% of the annual total catch quota as
referred to in the preceding paragraph, the competent authority
may order the whole tuna longline fishing fleet to stop
catching the concerned species by a deadline.
The period for using the quota as referred to in paragraph 1
shall be from January 1 to December 31 of the current year.
The total remaining quota of the current year in the Atlantic
Ocean may be arranged by the competent authority.
Article 23
The distant water fisheries permit of the current year shall be
obtained for granting the quota of the current year to the
tuna longline fishing vessel.
For any tuna longline fishing vessel that has not obtained the
distant water fisheries permit of the entire year, the quota
shall be granted in accordance with the percentage that the
number of month(s) approved accounts for the whole year.
Notwithstanding such provision, in the event that the ownership
of any tuna longline fishing vessel transfers and the quota
used by the original distant water fisheries operator exceeds
the percentage that the number of month(s) approved accounts
for the whole year, the unused quota of such tuna longline
fishing vessel in the current year shall be granted to the new
distant water fisheries operator.
In case of any of the following circumstances, the competent
authority shall retrieve the unused quota of the tuna longline
fishing vessel concerned in the current year:
(1)Loss of a tuna longline fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed by
the competent authority.
(3)Revocation or withdrawal of the distant water fisheries
permit imposed by the competent authority.
Article 24
The catch amount of the fish species with catch limit for any
tuna longline fishing vessel shall not exceed the quota
allocated to the individual vessel for the current year. In
case of excess, the annual quota of such fishing vessel for
the following year shall be deducted accordingly.
In the event that the catch amount of the fish species with
catch limit of any tuna longline fishing vessel has reached
90% of the individual vessel quota, the competent authority
may order such vessel to stop catching the concerned species by
a deadline.
Article 25
In case of any of the following conditions, the competent
authority shall grant the quota of the current year in
accordance with the percentage that the number of month(s) the
tuna longline fishing vessel actual fishes accounts for the
whole year; shall retrieve the quota on a pro-rata basis from
the tuna longline fishing vessel which has been granted the
quota; or shall deduct the quota allocated for the following
year in the event that the quota is unable to be retrieved from
the vessel:
(1)The tuna longline fishing vessel is punished by the
competent authority of the suspension of the fishing license
for one month and above.
(2)The tuna longline fishing vessel is detained in the port by
foreign government.
Article 26
For the tuna longline fishing vessel which changes the fishing
Ocean or group with other vessel pursuant to Article 13, 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
to 330 metric tons.
Article 27
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 Actin 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.
Article 28
In the event that the following requirements are met, the
albacore tuna quota of a fishing vessel of the north albacore
tuna group or the south albacore tuna group may, through the
coordination of the Tuna Association which reports to the
competent authority for approval, transfer to other fishing
vessel(s) of the same group:
(1)The albacore tuna quota of the receiving fishing vessel
shall not exceed 550 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 north or south
albacore tuna group has transferred accumulated 30 metric tons
of albacore 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 albacore 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.
Article 29
The competent authority may, depending on the catch amount of
each species in the current year, reallocate the total
remaining quota of the Atlantic Ocean.
The re-allocated quota acquired in accordance with the
preceding paragraph shall not be transferred.
Article 30
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 fishing vessel shall be of bigeye
tuna group, and have received the bigeye tuna quota from other
vessel(s) or received from the competent authority the
reallocated bigeye tuna quota as referred to in Article 29, and
its accumulated 330 metric tons of bigeye tuna quota has been
used up to 70%.
The additional bigeye tuna quota acquired in accordance with
the preceding paragraph shall not be transferred.
Article 31
The competent authority may grant premium quota to the tuna
longline fishing vessel which cooperates with the competent
authority to carry out relevant experiments, researches or
management measures.
The premium quota as referred to in the preceding paragraph
shall not be transferred.
Article 32
For any fishing vessel of the bigeye tuna group that obtains
the permit to fish in the north albacore tuna fishing area or
the south albacore tuna fishing area pursuant to Article 9,
the competent authority shall allocate, in accordance with the
number of months approved, 33.3 metric tons of north or south
albacore tuna quota per month to individual vessel, and the
bigeye tuna quota of such vessel shall be deducted by 10
metric tons per month which will be retrieved by the
competent authority for arrangement.
Chapter VI Management of Vessel Position Reporting
Article 33
The ALC on board shall be maintained functional at all time,
whether at sea or in port.
The ALC onboard any tuna longline fishing vessel or carrier
vessel of the Republic of China shall automatically transmit
at least one vessel position in every hour.
Fees for the services and communications of the ALC shall be
borne by distant water fisheries operators. The competent
authority may subsidize depending on the financial situation
of the government.
Except for the purpose of repair or replacement approved by
the competent authority, any ALC which has been installed on
board and has transmitted a vessel position shall not be
removed from the fishing vessel.
Article 34
In case that a fishing vessel needs to stay in a domestic port
for three days and above; or in a foreign port for dry docking;
or in a foreign port for seven days and above, its distant
water fisheries operator may apply to the competent authority
with documentary proof for switching off the ALC, which may
only be switched off after obtaining approval.
In the case of a fishing vessel applying for switching off the
ALC during its stay in a foreign port for the purposes except
for dry docking, a photograph showing the berthing of such
fishing vessel shall be provided weekly. The competent
authority may order to switch on the ALC concerned in case of
failing to provide the photograph in due course.
The period of switching off the ALC as approved in accordance
with paragraph 1 shall not exceed six months for each
application. Extension may be applied by the distant water
fisheries operator concerned in accordance with paragraph 1
before the period is expired.
Any fishing vessel shall not leave the port during the period
of switching off the ALC.
In the event that the ALC onboard is rebooted, the fishing
vessel may only leave the port after the commissioned
professional institution has confirmed that such ALC can
regularly and normally transmit vessel positions.
Article 35
Any fishing vessel shall carry at least one spare set of ALC
on board.
In case that the identification number of ALC on board has
been changed, the distant water fisheries operator shall notify
the competent authority or the commissioned professional
institution in writing.
Article 36
The ALC is deemed as signal-lost in the event that the
commissioned professional institution has not received
positions automatically transmitted by the ALC four times
consecutively. 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. 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 9.
The transmit of vessel positions as referred to in the
preceding paragraph shall be every four hours for any tuna
longline fishing vessel and carrier vessel of the Republic of
China.
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 37
In the event that the ALC onboard is deemed as signal-lost for
an accumulative period of 15 days and above during one fishing
trip, the competent authority may order such fishing vessel to
stop fishing immediately and directly navigate to a designated
port within the required timeframe for repair and inspection(s)
conducted by personnel dispatched by the competent authority,
andthe vessel shall not leave the port until the commissioned
professional institution has confirmed that such ALC can
regularly and normally transmit vessel positions.
Any expense incurred from port return, port entry and
confirmation of position transmitting as referred to in the
preceding paragraph shall be borne by the distant water
fisheries operator.
Chapter VII Logbooks and Catch Reports
Article 38
In the event that any tuna longline fishing vessel leaves a
port, its captain shall daily report catch data through the
E-logbook system designated by the competent authority, and
shall also fill in the logbooks designated by the competent
authority by fishery types. Catch reports shall be filled in
completely and accurately, and where the catch amount is zero,
catch reports shall be filled in as well.
In case that there is any discrepancy between any datum
recorded in the E-logbook system and the logbook, the datum
recorded in the E-logbook system shall prevail. Where the datum
is only recorded in either the E-logbook system or the
logbook, the datum as recorded therein shall prevail.
In case that the E-logbook system fails to report catch data
on the day, the distant water fisheries operator or the captain
shall transmit catch data via facsimile to the competent
authority or the commissioned professional institution next
day. Such catch data shall be signed by the distant water
fisheries operator or the captain.
In the event that the E-logbook system fails to report catch
data for five consecutive days, it is deemed as mal-function.
The malfunctioning E-logbook system shall be repaired no later
than 30 days.
In the event that the E-logbook system onboard is deemed as
mal-functional for an accumulative period of 15 days and above
during one fishing trip, the competent authority may order such
tuna longline 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 39
Any fishing vessel of the bigeye tuna group that catches
albacore tuna or swordfish in the sea area north of 5°N shall
record such catches on the E-logbook system and the logbooks as
north Atlantic albacore tuna or north Atlantic swordfish. In
case of catching such catches in the sea area south of 5°N,
such catches shall be recorded as south Atlantic albacore tuna
or south Atlantic swordfish.
Article 40
Any tuna longline fishing vessel shall not catch southern
bluefin tuna without permission, and in case of bycatch, the
fishing vessel shall immediately discard such catch and record
the amount of discard on the logbooks and E-logbook system.
In the event that the quota of the fish species with catch
limit is exhausted, any tuna longline fishing vessel shall
immediately discard any subsequent catch of such species and
shall record the amount of discard on the logbooks and the
E-logbook system.
Article 41
Any tuna longline fishing vessel catching the following fish
species shall immediately discard into the sea and shall not
retain on board. The amount of discard shall be recorded on the
logbooks and the E-logbook system:
(1)Atlantic bluefin tuna;
(2)Swordfish in the entire Atlantic Ocean less than 15
kilograms, or in alternative, less than 119 centimeters
lower jaw fork length (LJFL)
Article 42
In case that any tuna fishing vessel finds any sea turtle
during fishing operation, such vessel shall, where practicable,
bring aboard any comatose or inactive sea turtle as soon as
possible, and foster its recovery and return it to the sea at
once after recovery..
Any seabird, sea turtle, whale shark, cetacean, penguin or
prohibited species promulgated by the competent authority
incidentally caught by any tuna fishing vessel shall be
released when caught alive or discarded dead, and the number(s)
be duly recorded on the logbooks and the E-logbook system.
Article 43
Any fish species of no economic value or no utilizing value
caught by any tuna fishing vessel shall be released
immediately, and number(s) discarded shall be duly recorded on
the logbooks and the E-logbook system.
Article 44
The E-logbook data or the logbook submitted shall not be
altered or amended, unless there is apparent error with the
content and the competent authority has approved.
Article 45
The complete logbooks shall be maintained on board any tuna
longline fishing vessel for at least one year.
In case that any tuna longline fishing vessel enters a port or
transships its catch at sea, a copy of the logbooks shall be
submitted to the competent authority for perusal in accordance
with the following timeframe:
(1)For port entry: within 60 days starting from the date the
fishing vessel enters the port.
(2)For transshipment at-sea: within 60 days starting from the
date the carrier vessel enters the port.
Article 46
For fish species with catch limit, the discrepancy between the
catch amount recorded in the E-logbook or the logbook during
one fishing trip of any tuna longline fishing vessel and the
actual landing amount shall not exceed:
(1)10% of the actual landing amount for bigeye tuna, north
Atlantic albacore tuna or south Atlantic albacore tuna.
(2)25% of the actual landing amount for north Atlantic
swordfish, south Atlantic swordfish or blue marlin.
(3)15% of the actual landing amount for white marlin and
longbill spearfish.
(4)25% of the acutual landing amount for species not under
catch limit.
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 bigeye tuna, north Atlantic albacore tuna or south
Atlantic albacore tuna, the discrepancy is less than two
metric tons.
(2)For north Atlantic swordfish, south Atlantic swordfish or
blue marlin, the discrepancy is less than one metric ton.
(3)For white marline and longbill spearfish, the discrepancy is
less than one metric ton.
(4)For species not under catch limit, the discrepancy is less
than six metric tons.
Article 47
Any of the following conditions shall be defined as “seriously
misreporting” as referred to in subparagraph (12) of Article
13, paragraph 1 of the Act:
(1)For bigeye tuna, north Atlantic albacore tuna or south
Atlantic albacore tuna, 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 north Atlantic swordfish, south Atlantic swordfish or
blue marlin, the discrepancy between the catch amount
recorded in the E-logbook or the logbook and the actual
landing amount exceeds 1.5 metric tons as well as 20% of the
actual landing amount.
(3)For white marlin and longbill spearfish, the discrepancy
between the catch amount recorded in the E-logbook or the
logbook and the actual landing amount exceeds 1.5 metric
tons as well as 20% of the actual landing amount.
(4)For 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 48
For any tuna longline fishing vessel employing freezing 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.
Article 49
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 49-1
Tuna longline fishing vessels shall fully utilize the shark
catch, which shall not be discarded except the head, guts and
skins.
Chapter IX The Designation and Management of Ports for
Transshipment or Landing
Article 50
Any tuna longline fishing vessel intending to conduct
transshipment or landing at a domestic port or a foreign port
located in the Atlantic Ocean shall be limited to the ports
stipulated in Appendix 10.
Any fishing vessel with the distant water fisheries permit to
fish in the Pacific or Indian Ocean applying for landing or
transshipping in the ports located in the Atlantic Ocean 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 51
Any carrier vessel intending to transship catches from tuna
longline fishing vessel(s) shall meet any of the following
requirements:
(1)It is a carrier vessel of the Republic of China and has
obtained the distant water fisheries permit; or
(2)It is a foreign carrier vessel listed on the carrier list of
the International Commission for the Conservation of the
Atlantic Tunas (hereinafter referred to as “ICCAT”), and
has been installed with the ALC which meets the standards
specified by the competent authority. At least one position
in every four hours shall be sent to the commissioned
professional institution.
Article 52
Any carrier vessel of the Republic of China shall not transship
with, refuel or supply any fishing vessel not listed in the
authorized fishing vessel list of ICCAT, or any fishing vessel
that has altered its name or registration number.
Article 53
In case of any of the following circumstances, the competent
authority shall list the foreign carrier vessel concerned
which transships catches from tuna longline fishing vessel(s)
on the non-cooperative carriers list:
(1)The foreign carrier vessel has violated any provision
regarding vessel position reporting; or
(2)The foreign carrier vessel has violated any provision
regarding transshipment or landing.
Article 54
Any carrier vessel intending to conduct transshipment at sea
shall receive an observer in accordance with the ICCAT regional
observer program to conduct observation mission on board. For
any carrier vessel intending to conduct transshipment in port,
it shall receive the observer designated by the competent
authority to conduct observation mission on board
The distant water fisheries operator whose tuna longline
fishing vessel(s) conduct transshipment at sea on the
Convention Area shall share the cost for the implementation
of the ICCAT regional observer program.
Article 55
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 11) and
apply to the competent authority 15 days before the at-sea
transshipment for approval. In case that the last day for
filing the application is a national holiday, the application
shall be made on the working day before the national holiday.
Any foreign carrier vessel shall, with the enclosure of
relevant information as shown in Appendix 11, apply to the
competent authority for approval before conducting the
transshipment in port with any tuna longline fishing vessel for
the first time in the current year.
In case of any addition to the list of the tuna longlie fishing
vessel(s) in the transshipment plan approved by the competent
authority, the application shall be submitted three working
days before making such addition to the competent authority for
approval. The transshipment with the concerned tuna longline
fishing vessel(s) may only be conducted after the approval has
been granted. Any application submitted after the prescribed
deadline shall be denied.
Article 56
In case of any of the following circumstances, the application
of transshipment plan made in accordance with Article 55 shall
be denied:
(1)The carrier vessel concerned does not meet the requirements
stipulated in Article 51;
(2)Three years have not passed since the carrier vessel
concerned was listed in the non-cooperative carriers list;
or
(3)The fine for violating the Act imposed on the carrier vessel
has not been paid completely.
Article 57
Any tuna longline fishing vessel or 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 format of the Transshipment Notification
is as shown in Appendix 12:
(1)For at sea transshipment: no later than three working days
before the estimated date for transshipment.
(2)For in port transshipment: no later than three days before
the estimated date for transshipment. In case that the last
day for filing the application is a national holiday, the
application shall be made on the working day before the
national holiday.
Fishing vessels approved by the competent authority to conduct
transshipment may transship the catch on the approved date or
within three days after the approved date.
For any transshipment to be conducted not within the approved
period as referred to in the preceding paragraph, the distant
water fisheries operator or the captain concerned shall apply
for the change of transshipment date and obtain the approval
from the competent authority before conducting the
transshipment.
Article 58
For any tuna longline fishing vessel or carrier vessel that is
under any of the following circumstances during the current
fishing trip, the competent authority shall not authorize such
vessel to transship at sea:
(1)The ALC on board is mal-functional and has not been repaired.
(2)There is concrete evidence to identify such vessel has
involved in any serious infringement as prescribed in
subparagraph (4) to (14) or (18) of Article 13, paragraph 1 of
the Act
For any tuna longline fishing vessel or carrier vessel that is
under any of the following circumstances during current fishing
trip, the competent authority may not authorize such vessel to
transship at sea:
(1)For the catches to be transshipped, it is suspected that the
vessel applying for the transshipment has operated within
the water under the jurisdiction of any other country
without valid authorization.
(2)The amount of bigeye tuna, north Atlantic albacore tuna or
south Atlantic albacore tuna to be transshipped exceeds 10%
of the amount reported through the E-logbook system.
(3)The amount of north Atlantic swordfish; south Atlantic
swordfish; blue marlin; or white marline and longbill
spearfish to be transshipped, exceeds 15% of the amount
reported through the E-logbook system.
(4)The total amount of species not under catch limit to be
transshipped exceeds 25% of the amount reported through the
E-logbook system.
Article 59
In the event that the catch of any tuna longline fishing vessel
has been landed in a port and is subsequently transported by a
carrier vessel for port departure, it shall be deemed as
transshipment and Article 57 shall apply.
Article 60
The tuna longline fishing vessel or carrier vessel which obtains
the approval to transship pursuant to Article 57 shall not
conduct the transshipment in the event that the ALC on board is
signal-lost and has not been repaired.
Article 61
For any transshipment in the Atlantic Ocean or the
transshipment of any catch taken from the Atlantic Ocean
conducted by a carrier vessel, the ICCAT Transshipment
Declaration shall, within 24 hours after the completion of such
transshipment, be filled in and submitted to the ICCAT
Secretariat, with a copy to the competent authority. The format
of the ICCAT Transshipment Declaration is as shown in Appendix
13.
The distant water fisheries operator or the captain of any tuna
longline fishing vessel shall, within seven working days after
the completion of transshipment, submit the ICCAT
Transshipment Declaration to the competent authority.
Article 62
For any tuna longline fishing vessel landing its catch in a
domestic or foreign port, the following person(s) shall fill in
the Advance Notice of Landing (format as shown in Appendix
14), and submit it to the competent authority for approval by
the following deadline; and in case that the last day for
filing the application is a national holiday, the application
shall be made on the working day before the national holiday:
(1)For the landing conducted by a tuna longline fishing vessel,
its distant water fisheries operator or captain shall submit
it no later than three days before the estimated date for
landing.
(2)For the landing conducted by a tuna longline fishing vessel
with the catch subsequently transported by commissioning a
container vessel, the distant water fisheries operator or
the captain of such tuna longline fishing vessel shall
submit it no later than three days before the estimated date
for landing.
(3)For the landing conducted by a carrier vessel, the distant
water fisheries operator of a tuna longline fishing vessel
shall submit it no later than three days before the
estimated date for landing.
Tuna longline 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 approved period
as referred to in the preceding paragraph, the distant water
fisheries operator or the captain of the tuna longline 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.
Article 62-1
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
the time of port entry and the name of the port.
Article 63
Upon the completion of landing of any tuna longline fishing
vessel, the following person(s) shall fill in and submit to the
competent authority the Landing Declaration, format of which
is as shown in Appendix 14, by the prescribed deadline:
(1)For the landing conducted by a tuna longline fishing vessel,
its distant water fisheries operator or captain shall
submit the Declaration within five working days after the
completion of landing.
(2)For the landing conducted by a tuna longline fishing vessel
with the catch subsequently being transported by
commissioning a container vessel, the distant water
fisheries operator of such longline vessel shall submit the
Declaration within five working days after the container(s)
containing such catch unloads and completes customs
clearance.
(3)For the landing conducted by a carrier vessel, the distant
water fisheries operator of a tuna longline fishing vessel
shall submit the Declaration within five working days after
the completion of landing by the carrier vessel.
The term “completion of landing” as referred to in these
Regulations means the catch landed at a port has completed its
whole weighing process.
Article 64
For any tuna longline fishing vessel that lands or transships
at foreign ports, permission documents for landing or
transshipment issued from the port State concerned shall be
enclosed when submitting landing declaration(s) or
transshipment declaration(s).
In the event that the port State concerned doesn’t have
regulations which provide that permission documents shall be
applied for landing or transshipment, documents proving the
whereabouts of catches and containing the information on
species and catch amount such as the bill of landing,
certificate of storage, invoice and details of trade deal shall
be submitted.
Article 65
The distant water fisheries operator and captain of any fishing
vessel shall accept port inspections conducted by the
competent authority or the independent third party for
verification of the catch landed or transshipped.
The distant water fisheries operator or captain of any fishing
vessel that is designated by the competent authority to be
inspected shall comply with the following:
(1)For inspections conducted by the competent authority, the
landing or transshipment shall be started only after the
person(s) of the competent authority has arrived.
(2)For inspections conducted by the independent third party,
the application and contact with the independent third
party shall be made, and relevant fees for inspections shall
be paid before the landing and transshipment, which shall
only be started only 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 66
The distant water fisheries operator of any tuna longline
fishing vessel shall, within 60 days after the completion of
landing, submit sales or inventory information to the competent
authority. The sales information shall at least include
buyer(s), fish species and quantities.
Chapter X Observation and Inspection during Fishing Operations
Article 67
The distant water fisheries operator of any fishing vessel that
receives the observer dispatched by the competent authority,
any foreign country with which the fisheries cooperation is
engaged, or any international fisheries organization shall
comply with the following:
(1)He/she shall notify the competent authority in writing seven
working days before the date of intended port entry or
departure.
(2)To embark and disembark the observer at the time and place
informed by the competent authority.
(3)To provide the observer, while onboard the vessel, with food,
accommodation, adequate sanitary amenities, and medical
facilities of a reasonable standard equivalent to those
normally available to an officer onboard the vessel.
(4)To instruct the captain and crew of the fishing vessel
matters related to the cooperation with or assisting the
observer in carrying out the duties.
Article 68
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 3 subparagraphs.
(7)The captain shall sign on the record(s) 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 69
In the event of boarding and inspection conducted by the
inspector(s) dispatched by the competent authority, any captain
and crew of the inspected vessel shall cooperate with,
facilitate the safe boarding and disembarkation of the
inspector(s), and provide the inspector(s) with adequate space,
facilities and equipment for carrying out the duties.
Chapter XI Special Management Measures for High Risk Fishing
Vessels
Article 70
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 71
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 72
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.
Article 72-1
For the purpose of these Regulations, the catch amount is the
unprocessed round weight.
The conversion factors between the weights of processed fish
and round fish are as shown in Appendix 15.
Chapter XII Supplemental Provisions
Article 73
Any tuna longline fishing vessel shall not fish within one
nautical mile off a data buoy, or take on board, possess or
cause damage to the data buoy.
In case that the fishing gear becomes entangled with the data
buoy, the entangled fishing gear shall be removed with as
little damage to the data buoy as possible.
In case of finding any data buoy that is damaged or
non-functional, the captain shall report to the competent
authority the date, location, and the identifying information
on the data buoy.
Article 74
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 75
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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