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Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 6,
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3;
and Article 24, paragraph 2 of the Act for Distant Water
Fisheries (hereinafter referred to as “the Act”).
Article 2
Terms used in these Regulations are defined as follows:
(1)“North Pacific Ocean” means 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 (as shown in Appendix 1).
(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 conduct
the transshipment of catches from saury 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.
(4)“Processing vessel” means any vessel that transfers saury
catches from saury fishing vessel(s) to itself for processing
onboard.
(5)“Auxiliary carrier vessel” means any vessel that transships
saury catches from saury fishing vessel(s) to itself and
transports to a processing vessel to which it belongs to.
Article 3
Any fishing vessels proceeding to the north Pacific Ocean to
catch saury (hereinafter referred to as “saury fishing
vessel”) shall be limited to a fishing vessel with the squid
jigging registered as the main fishery on its fishing license
that part-time engages in saury stick-held net fishery .
Article 4
For any saury 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 the north Pacific Ocean in the following
year shall fill in the application form (format 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
shall 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.
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
November 30 of the current year. The Squid Association shall
compile and submit applications to the competent authority by
December 15 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 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;
(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 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 saury 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.
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 dcoking;
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 saury 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 saury 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 saury fishing vessel shal
l 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 saury 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 saury 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 saury
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.
For transshipping saury catches from a suary fishing vessel to
a processing vessel or an auxiliary vessel, the transshipment
amount recorded in the Transshipment Declaration shall be
deemed as the actual landing amount.
Chapter VI The Designation and Management of Ports for
Transshipment or Landing
Article 25
Any saury fishing vessel intending to conduct transshipment or
landing at foreign ports shall be limited to Busan, Korea.
Any saury 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 intending to transship catches from any saury
fishing vessel 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 list of
authorized vessels of the North Pacific Fisheries Commission.
Any processing vessel and auxiliary vessel that receives catches
of saury fishing vessel(s) shall be listed on the list of
authorized vessels of the North Pacific Fisheries Commission.
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 list of the North Pacific Fisheries
Commission, or any fishing vessel that has altered its name or
registration number.
Article 28
In case that any foreign carrier vessel(s) or foreign processing
vessel(s) that transships catches of saury fishing vessel(s)
violates any provision regarding transshipment or landing, the
competent authority shall list such vessel(s) on the
non-cooperative carriers and processing vessels list:
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 saury fishing vessel for the first time in the
current year.
In case of any addition to the list of saury 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 saury 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 saury fishing vessel and carrier vessel that intends to
conduct transshipment shall respectively apply for the approval
from the competent authority before the transshipment.
The approval from the competent authority shall be obtained for
any saury fishing vessel that intends to transship its catch
to any processing vessel or auxiliary carrier vessel.
Any distant water fisheries operator or captain applying for
the approval as referred to in the preceding two paragraphs
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 saury fishing vessel, carrier vessel, or processing
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 saury 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 saury 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 saury 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 saury fishing vessel and fill in
the transshipment declaration (format as shown in Appendix 6).
The distant water fisheries operator or the captain of any saury
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 saury fishing vessel and the carrier vessel
are of the Republic of China, submission of the transshipment
declaration by the carrier vessel may be waived.
Article 36
For any saury 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 saury 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 saury fishing vessel with the
catch subsequently being transported by commissioning a
container vessel, the distant water fisheries operator or
the captain of such saury 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 saury 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 saury
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 saury fishing vessel
concerned shall apply for the change of the date of landing and
obtain the approval from the competent authority before
conducting the landing.
For any saury 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 saury fishing 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 saury fishing vessel, the
following person(s) shall fill in and submit to the competent
authority the Landing Declaration (format as shown in Appendix
7), by the prescribed deadline:
(1)For the landing conducted by a saury 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 saury fishing vessel with the
catch subsequently being transported by commissioning a
container vessel, the distant water fisheries operator of
such saury fishing 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 saury 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 saury
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.
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 saury
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 saury fishing vessel
shall, within 60 days after the completion of sale or landing,
submit sales or inventory information to the competent
uthority. 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
hall 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
Article43
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
Cartons for packing saury shall be marked with the date of
harvesting the catch in an appropriate manner.
Article 48
These Regulations shall become effective on January 20, 2017.
Amendments to these Regulations shall become effective on the
date of promulgation. |