Legislative: |
1.Promulgated on February 4, 1974 2.Amended on January 13, 1975 3.Amended on January 21, 1976 4.Amended on March 2, 1976 5.Amended on October 11, 1977 6.Amended on July 12, 1979 7.Amended on December 15, 1981 8.Amended on December 30, 1983 9.Amended on May 20, 1985 10. Amended on July 16, 1987 11. Amended on May 20, 1989 12. Amended on July 29, 1991 13. Amended on July 25, 1992 14. Amended on January 21, 1995 15. Amended on August 20, 1997 16. Amended on November 24, 1999 17. Amended on July 29, 2001 18. Amended on October 15, 2004 19. Amendment to Articles 4, 10, 11, 14, 15, 17, 21, 22 and addition of Articles 14-1, 14-2, 15-1, 15-2 promulgated on September 4, 2006 20. Amendment to Appendix 5 of Article 22 promulgated on October 3, 2007 21. Amendment to Articles 14, 14-1, 15, 15-1 ,16 ,17 ,19 ,20 ,21 ,23 ,31 and Appendix 1 of Article 10 Article, Appendix 2 of Article 11 Article, Appendix 5 of Article 22 promulgated on May 22, 2009 22. Amendment to Articles 2, 11, 14, 14-1, 14-2, 15, 15-1, 15-2, 17, 24, 31 and Appendix 1 of Article 10 Article, Appendix 3 of Article 15, deleted Article 6, and addition of chapter 4-1, Articles 32-1, 32-2 promulgated on August 10, 2010 23. Amendment to Appendix 3 of Article 15, promulgated on February 8, 2013 24. Amendment to Articles 8-1, 17-1 promulgated on September 25, 2014 25. Amendment to Articles 14, and Appendix 1 of Article 10 promulgated on February 9, 2018 26. Amendment to Articles 2, 3, 14, 14-1, 14-2, 15, 15-1, 15-2, 16, 17, 19, 20, 22 to 24, 31, 32-1, 32-2, chapter 4-1, Appendix 2 of Article 11, and addition of 11-1, 32-3 promulgated on August 23, 2021 |
Content: |
Chapter One General Principles
Article 1
These regulations (hereinafter "the Regulations") are made
pursuant to Article 12 of the "Fisheries Act".
Article 2
Terms and phrases used in the Regulations are as follows:
1.Fishing vessels: Boats, sampans and fishing rafts on which
fisheries are operated, and fishery patrol boats, fishery
research boats and fishery training boats.
2.Crew: Any working crew officers and regular fishermen on the
fishing vessel. But not including observers and inspectors.
3.Crew officer: Any working members on the fishing vessels
holding the position as captain, mate, chief engineer, chief
engineering supervisor, engineering supervisor, and radio
operator.
4. Ordinary fisherman: Regular fisherman other than crew officer
.
5. Captain: The one who is in charge of all affairs on the
fishing vessel.
6.Mate: A crew officer on deck in charge of navigation.
7. Chief Engineer: A crew officer who is in charge of the
operation of the vessel's main engines, auxiliary engines, and
electronic devices.
8. Chief Engineering Supervisor: A crew officer who is in charge
of assisting and supervising operations of the engineering
section of the vessel.
9. Engineering Supervisor: A crew officer who is in charge of
work in shifts, operation and maintenance of engineering.
10. Radio Operator: An operator who is in charge of
telecommunications.
11. Observer: Assigned by the competent authority of the central
government and has been given tasks of collecting data, auditing
fishery performances, biological sampling, and other assigned
mission.
12. Inspector: Assigned by the competent authority of the
central government to the official vessel and has been given
tasks of inspecting fishing vessels, propaganda regulations, and
other assigned mission.
13.Length of fishing vessel: The length shall be conceived and
measured according to Article 2 of the "Regulations for
Measurement of Ship".
14.Limited Water refers to the water area within the exclusive
economic zone under the jurisdiction and sovereignty of the
Republic of China.
15.Unlimited Water refers to the water area beyond the Limited
Water.
16.A1 Water: Any water area within the range of high
transmission frequency from coastal broadcast stations.
17.A2 Water: Any water area beyond A1 and within medium
transmission frequency from coastal broadcast stations.
18.A3 Water: Any waters beyond A1 and A2 waters and within the
range of telecommunication from a positioned satellite of the
International Maritime Satellite Organization (INMARSAT).
19.A4 Water: Any water area beyond A1, A2, and A3 waters.
Article 3
All Fishermen, observers and inspectors shall hold a Fishing
Vessel Crew Identification; and a Fishing Vessel Officer
Certificate shall be held by all crew officers; Foreign
Fisherman Certificate shall be held by all Foreign Fisherman
hired by Employment Service Act.
All Crews, observers and inspectors shall have valid certificates
described in the preceding paragraph in held and kept when sail
for fishery operation or mission. If the certificates aforesaid
are not brought or be back reserved during punishing period,
crews shall not be allowed for working on the sea. But the
Foreign Fishermen may sail for fishery operation by holding the
passport and the permit for recruitment issued by the Central
Labor Competent Authority before getting the Foreign Fishermen
Certificates.
The people carried by the fishing vessels shall apply the
regulations described in the 2 preceding paragraph. However,
this limit is not applicable to any of the following
circumstances:
1.The passengers subjected to the Regulations for Recreational
Fishery.
2.The people who are permitted by the Competent Authority to
rent the fishing vessels for the inspections and research of
marine resource and environment, and other fishery management
affairs.
3.The people who are permitted by the Competent Authority to
take the fishing vessels to execute the religion activities and
traditional ceremonies.
Article 4
Crew officers' positions and duties shall be performed
accordingly and differed by the overall length of fishing
vessels, power output rate of main engine, water areas in
operation, and types of maintenance as the following:
1. Navigation section:
(A)First Level Captain: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on unlimited
waters;
(B)First Level Mate: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on unlimited
waters;
(C)Second Level Captain: At the service on a fishing vessel which
exceeds 24 meters of length overall operates on limited waters;
(D)Second Level Mate: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on limited
waters;
(E)Third Level Captain: At the service on a fishing vessel which
exceeds 12 meters but less than 24 meters of length overall;
(F)Third Level Mate: At the service on a fishing vessel which
exceeds 12 meters but less than 24 meters of length overall;
2. Engineering section:
(A)First Level Chief Engineer: At the service on a fishing vessel
which the power of main engine output rate reaches 750,000 watts
or above;
(B)First Level Chief Engineering Supervisor: At the service on a
fishing vessel which the power of main engine output rate reaches
750,000 watts or above;
(C)First Level Engineering Supervisor: At the service on a
fishing vessel which the power of engine output rate reaches
750,000 watts or above;
(D)Second Level Chief Engineer: At the service on a fishing
vessel which the power of main engine output rate is lower than
750,000 watts;
3. Telecommunications section:
(A)Telecommunications operators who serve on board of fishing
vessels equipped with GMDSS radio stations:
(a) Radio Controller: Electronic personnel who serves on board a
fishing vessel, as to conduct on-board maintenance for the
telecommunications devices of the vessel;
(b) Ordinary Operator on duty: Operator who serves on board a
fishing vessel which sails within the A2 water; or serves on a
fishing vessel which sails within the A3 and A4 waters to conduct
shore-based and duplication of equipment maintenance for devices
of the vessel;
(c) Restricted Operator: Operator who serves on board a fishing
vessel which sails in the A1 water.
(B)Telecommunications operators who serve on board the fishing
vessels without GMDSS radio stations:
(a) First Grade Radio Operator: Radio operator who serves on
board a fishing vessel which operates on the unlimited waters;
(b) Second Grade Radio Operator: Radio operator who serves on
board a fishing vessel which operates on the limited waters.
Article 5
Any fishery operator who employs any foreign fisherman within the
territory of the Republic of China shall apply a foreign
fishermen certificate for that foreigner and meet those
requirements in accordance with the "Employment Service Act" and
its relevant acts and regulations.
Article 6 deleted
Article 7
A fishing vessel shall retain a name list of crew members and a
set of port entry and exit records.
Article 8
The municipal/county competent authority may set the standards
for employment and payment of crew members according to local
custom and living standard.
The employers and employees may make contract according to the
standards described in the preceding paragraph; the contract
shall include the following specifications:
1.Name, age, place of birth, address, ID number or other identity
references of the fishermen;
2.Date and location of signing the contract;
3.Calling sign of the fishing vessel;
4.Zone of fishery operation;
5.Position and duty;
6.Payment;
7.Dietary and allowances of benefits;
8.Guidelines for accident and fatality compensation;
9.Termination of contract and other conditions;
10.Valid period of contract;
11.Others.
Article 8 - 1
Any vessel crew who possesses the Fishing Vessel Crew
Identification and has been recruited on board a fishing vessel
flying the flag of other country shall submit relevant
documentations to the central competent authority for recordation
within three months after such recruitment; additionally, the
same procedure shall apply whenever there is a change of the
aforementioned recruitment.
The information necessary for recordation referred to in the
preceding paragraph shall include name of employer, name of
fishing vessel, nationality of fishing vessel, type of fishery,
terms of employment, assumed position and any other relevant
matters.
For vessel crew who had been recruited on board a fishing vessel
flying the flag of other country prior to the amendment and
enforcement of this Article, the application shall be conducted
in accordance with paragraph 1 within 3 months upon the amendment
and enforcement of this Article.
CHAPTER 2 Qualification, Training, Issuing of Certificate
Article 9
Ordinary fishermen shall be limited to a minimal age of 16.
However one may be the exception if he/she is over the age of 15
or has already graduated from junior high school, entitles to
second kinship connection to the partner of fishery
business/owner of the fishing vessel without employment relation,
and serves on board of a fishing vessel which does not exceed 24
meters length overall and operates on the limited water. Crew
officer shall be 18 of age or above.
Article 10
Physical examination for fishing vessel crews shall only be
conducted and proceeded by the followings:
1.Public hospitals;
2.Teaching hospitals approved by the health competent authority
of central government level;
3.Health centers that are affiliated to health competent
authority in city/municipality/county (city) governments.
For the items of physical examination and the format of the
physical examination certificate are referred in Annex I. The
certificate is valid for 6 months from the date of being issued.
Article 11
Crews must join in training as it has regulated by the competent
authority of central government level, and type of training are:
1.Basic security training;
2.Professional training for crew officers;
3.In-service professional training.
The training courses aforesaid are designed and set forth by the
competent authority of central government level, as it conforms
to international standards and, may be completed by self
conducting or through mandating public/private or academic
institutes to proceed the training courses.
A surety bond is required hence collected from trainee by the
competent authority of the central government when enroll to
basic security training, as an administrative contract ought to
be made and delivered for the surety bond to be returned, with
the condition that the applicant has already engaged in fishery
practices for over 3 months, begun anytime no later than a year
since the completion of his/her training course.
The application aforesaid of surety bond return shall be only
viable within an 1 year and 3 months period begins from the
completion of the training course; no acceptance if apply in time
of any otherwise.
For the entry requirements and required documentation for
applying training courses of fishing vessel crew officers, are
referred in Annex II.
Article 11-1
People to sign up for the aforesaid training shall be recommend
by the employer to the Fishermen Associations or Communities.
However, this limit is not applicable to any of the following
circumstances:
1. Having the documents assigned by the fishery patrol boats,
fishery research boats and fishery training boats Authorities.
2. The competent authority of central government assign the
documents for the Observers, inspectors and people joining the
working on the fishing vessel rewarding plan.
3. Applicant for an internship on the fishing vessel recommended
by school.
Overseas Employment of Foreign Crew Members sign up for the
aforesaid training shall be qualified to the Appendix 2 and
recommended by the employer to the Fishermen Associations or
Communities.
Article 12
The crew officers of the navigation unit on a fishing vessel, of
which length overall is 12 meters or above but not exceeding 24
meters, and which has been applied to navigate to and operate in
an unlimited water, shall hold a Fishing Vessel Officer
Certificate for either the First Level Captain or the First Level
Mate.
Any crew officer other than the first grade captain or the first
grade first mate, who wants to serve those positions mentioned in
the preceding paragraph in the navigation unit on a fishing
vessel, shall participate in relevant training on expertise and
be qualified for this end.
Article 13
The competent authority may call upon all levels of fishermen to
receive training for the purpose of management of fishery; and no
fisherman shall refuse the training.
Article 14
At the first-time application of the Fishing Vessel Crew
Identification, a completed application form and required
documents as following shall be submitted to the competent
authority at local governments that are authorized and mandated
by central government within 5 years after getting the Basic
security training certificate stipulated in the Subparagraph 1 of
paragraph 1, Article 11:
1. 4 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. Personal ID or ARC/Alien Registration Certificate and one
photocopy of either(Personal ID or ARC will be returned after
verification).
3. One copy of employment contract, verified by local fisherman
associations, except for those without employment relationship
described in Paragraph 1 of Article 9, or Subparagraph 1 or 2 of
paragraph 1, Article 11-1.
4. One copy of valid crew physical examination certificate issued
by the medical institute stipulated in Paragraph 1 of Article 10;
5. One copy of the agreement and the Personal ID or ARC of one of
legal representative for minors.
The Fishing Vessel Crew Identification is valid for 5 years, and
re-issuing application shall be made within 1 year before the
expiration.
Article 14-1
For the renewal application of the Fishing Vessel Crew
Identification, a completed application form and required
documents as following shall be submitted to the competent
authority at local governments that are authorized and mandated
by central government:
1. 4 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The original Fishing Vessel Crew Identification; clipped and
return after re-issuing.
3. Personal ID or ARC/Alien Registration Certificate with one
photocopy of either.
4. One copy of valid crew physical examination certificate
issued by the medical institute stipulated in Paragraph 1 of
Article 10;
5. The last record of employment alternation registration in the
original service Identification showing state of unemployed ,
the applicant shall submit the employment contract verified by
local fisherman associations, except for those crews who are
currently without employing status described in Paragraph 1 of
Article 9 or Subparagraph 1 or 2 of paragraph 1, Article 11-1.
Crews shall take the basic security training stipulated in
Subparagraph 1 of Paragraph 1, Article 11 and apply for issuing
the Identification stipulated in paragraph 1 Article 14, if the
applicant did not sail for fishing operation in 5 years or the
identification expired over 5 years.
Article 14-2
In case of the original Identification could not be provided due
to seafaring for the crew of distant water fishing vessels, the
renewal of the identification may be applied through providing
substitutes such as ID card, ARC/Alien Registration Certificate,
passport, or driving license; could not be provided the physical
examination, the physical examination may be completed as late
within 1 month after landing in Taiwan.
Article 15
For applying the Fishing Vessel Officer Certificate, a completed
application form and required documents as following shall be
submitted to the competent authority at local governments that
are authorized and mandated by central government:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. One duplicate of the fishing-vessel crew handbook, except the
Overseas Employment of Foreign Crew Members complete the
Professional training for crew officers stipulated in
Subparagraph 2 paragraph 1 Article 11;
3. One original and duplicated copy of the following certificate
(the original copy will be returned after verification):
(A) the fishing-vessel crew examination issued by the
Examination Yuan;
(B) the certificate of completion of professional training for
fishing vessel officers issued by the supervising institute of
central government;
(C) the other certificates of trainings equivalent to those
trainings for fishing vessel officers, refer to the certificate
of examination for seafarers issued by Examination Yuan, the
diploma of related departments in maritime colleges, or the
certificate of competency for crews issued by Ministry of
Transportation and Communication, which are reviewed and
verified by the supervising institute of central government.
4. One copy of valid crew physical examination certificate
issued by the medical institute stipulated in Paragraph 1 of
Article 10;
5. Other documents for submission or verification, designated by
the supervising institute of central government are referred in
Annex III.
The aforesaid verified criteria of equivalent trainings are
referred in Annex III-I.
When applying for the Fishing Vessel Officer Certificate, and
have been awarded and holding certificate of examination,
diploma, certificates of trainings, or certificate of competency
that mentioned in the Subparagraph 3 of paragraph 1 for more
than 5 years, the applicants shall take the professional
training of crew officers stipulated in Subparagraph 2 of
Paragraph 1, Article 11 of the Regulations again and acquire the
certificate of training, expect for those who have already had 1
year of experience of fishery operation conduct gained from the
past 5 years, provided with documents that can offer reference
for such a profile.
The certificate is valid for 5 years maximum within the valid
period of Identification, and re-issuing application shall be
made within 1 year before the expiration.
Appendix III Applicants who fulfill any one of the requirements
may apply to enter the training course described as
following.pdf
Article 15-1
For the renewal application of the Fishing Vessel Officer
Certificate, a completed application form and required documents
as following shall be submitted to the competent authority at
local governments that are authorized and mandated by central
government:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The duplicate of the fishing-vessel crew handbook;
3. One copy of valid crew physical examination certificate
issued by the medical institute stipulated in Paragraph 1 of
Article 10;
4. The original copy of the certificate; clipped and return
after re-issuing.
Article 15-2
In case of the original Officer Certificate could not be
provided due to seafaring for the crew of distant water fishing
vessels, the renewal of the Officer Certificate may be applied
through providing substitutes such as ID card, ARC/Alien
Registration Certificate, passport, or driving license; could
not be provided the physical examination, the physical
examination may be completed as late within 1 month after
landing in Taiwan.
Article 16
Fishery operators who hired Foreign Fisherman by Employment
Service Act shall submit an application form as well as
required documents as following through the local fishery
association to the municipal/county competent authority which is
authorized by the central competent authority to apply for a
Foreign Fisherman Certificate with in 15 days after getting the
employment permit:
1. 2 photos in 2-inch size, taken within the recent one year
that should berevealing shoulders and clear facial without
wearing hat;
2. Passport or entry permit photocopy;
3. Photocopy of the employment permission issued by the Council
of Labor Affairs;
When the aforesaid Foreign Fisherman Certificate are found
column insufficient or damaged before expiration, Fishery
operators shall submit an application form as well as required
documents as following to the municipal/county competent
authority which is authorized by the central competent authority
to apply of re-issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The original Foreign Fisherman Certificate.
If the aforesaid Foreign Fisherman Certificate has found been
lost before expiration, Fishery operators shall submit an
application form as well as required documents as following to
the municipal/county competent authority which is authorized by
the central competent authority to apply of re-issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. ARC/Alien Registration Certificate, with 1 duplicate (ARC
will be returned after verification);
3. Declaration of lost.
Term for the Foreign Fisherman Certificate shall not exceed the
term of employment prescribed by the Council of Labor Affairs.
The expiration of Foreign Fisherman Certificate reissued
according to Paragraph 2 and Paragraph 3 will be the same with
that of original Foreign Fisherman Certificate.
Article 17
When the aforesaid certificates or identification are found
missing the sufficient information and details or damaged, a
completed application form and required documents as following
shall be submitted for application of re-issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The original Fishing Vessel Crew Identification, or the
Fishing Vessel Officer Certificate.
If the aforesaid certificate or identification has found been
lost before expiration, a completed application form and
required documents as following shall be submitted for
application of re- issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. Personal ID or ARC/Alien Registration Certificate, with 1
duplicate of either (Personal ID or ARC will be returned after
verification);
3. Declaration of lost.
When applicants are requesting Identification re-issuance
according to Paragraph 2 and Paragraph 3, and are found
unemployed without employers in the origin Identification , the
employment contract verified by local fisherman associations
shall be submitted, except for those crews who are currently
without employing status described in Paragraph 1 of Article 9,
or Subparagraph 1 or 2 of paragraph 1, Article 11-1.
The expiration of identification or certificate reissued
according to Paragraph 1 and Paragraph 2 will be the same with
that of original identification or certificate.
Article 17-1
When having confronting the transfer to another fishing vessel,
change of assumed position or termination of employment, the crew
shall apply for the modification registration of the Fishing
Vessel Crew Identification within seven days after the occurrence
of such modification.
When a foreign crew recruited within the territory of the
Republic of China has confronted the transfer to another fishing
vessel, both the former and the new fishery operators shall apply
for the modification registration of his/her Fishing Vessel
Foreign Crew Identification within seven days after the
occurrence of such modification.
Article 18
Any applicant for an internship on the fishing vessel shall be
processed and applied in the specific name list with others as a
whole, by his school or training institution, to the
municipal/county competent authority, to which the fishing vessel
is registered, and also authorized by the central competent
authority, as to issue an Intern Fishing Vessel Crew
Identification.
Article 19
Crew officers who are not allowed to operate on a fishing vessel
which measured as 12 meters and above in hull length, if the
following conditions have been applying:
1. Crew officers whose certificate has currently been withdrawn
due to penalties, and has not yet completed the proceeding.
2. Crew officers who have been under the condition of revocation
or cease-apply (discard) of his or her certificate for less than
2 years.
Article 20
The following conditions, if any of them has applied, the crew
will be denied from the renewal application and issuance of
Fishing Vessel Crew Identification or Fishing Vessel Officer
Certificate:
1. A crew, whose Fishing Vessel Crew Identification or Fishing
Vessel Officer Certificate has been revoked by the Regulations
for less than two years.
2. A crew, whose Fishing Vessel Crew Identification or Fishing
Vessel Officer Certificate has been revoked by Act for Distant
Water Fisheries for less than 4 years.
Article 21
The Fishing Vessel Officer Certificate, issued prior to the
amendment of the Regulations which was promulgated on the 29th of
June 2001, shall be replaced by new certificate. Applicants of
new certification must provide documentation required, which
offers reference of experiences in engaging fisher operation for
long as a period of 1 year any time within the past 5 years, or 3
months of such an experience gained in the past 1 year. The
application process and documents essential for submission are
referred in Annex IV.
CHAPTER 3 Fishermen Assignment, Responsibility, Working Terms
Article 22
The least numbers of crews and officers assigned for fishing
vessels over 20 tons is referred to Annex V.
Annex V The least numbers of crews and officers assigned for
fishing vessels over 20 tons.pdf
Article 23
The rank of crew officers described in Article 4 are presented
as follows; who holds a higher ranking position, may take a
lower ranking position:
1. Navigation section: First Level Captain, First Level First
Mate, Second Level Captain, Second Level Mate, Third Level
Captain, Third Level Mate;
2. Engineering section: First Level Chief Engineer, First Level
Chief Engineering Supervisor, First Level Engineering Supervisor
, Second Level Chief Engineer;
3. Telecommunications section:
(A) GMDSS Station:Radio Controller, Ordinary Operator on-duty,
Restricted Operator on-duty;
(B) Non-GMDSS Station: First Grade Radio Operator, Second Grade
Radio Operator.
Lower ranking crew officers at Navigation and Engineering
sections may perform as a proxy for a higher ranking position,
if his/her fishery operator has reported the matter and
therefore gained approval from the municipal/county competent
authorities.But the Second Level Mate may act a proxy First Level
Mate; the Third Level Captain may act a proxy Second Level
Captain; the First Level Engineering Supervisor may act a proxy
First Level Chief Engineer. The period of deputation shall not
be exceeding 3 years.
Fisherman with an age of 18 or above, who operate on a fishing
vessel except raft nor a sampan for more than 1 year, may apply
by the fishery operator to the municipal/county competent
authority and receive an approval to act as a proxy Third Level
Captain, or Second Level Chief Engineer, with a cumulative term
not exceeding two years.
The Foreign Fisherman hired by Employment Service Act or the
Overseas Employment of Foreign Crew Members in the distant water
fishing vessel power of main engine output rate lower than
750,000 watts, may act as a proxy Second Level Chief Engineer
with a cumulative term not exceeding two years.
Article 24
The captain is responsible for the safety and management of the
whole fishing vessel and is in charge of the following tasks:
1. To check the crews to have a valid Fishing Vessel Crew
Identification, Foreign Fisherman Certificate, or the Fishing
Vessel Officer Certificate.
2. To supervise and to direct all fishermen in navigation and
fishery operation; in case of more than two fishing vessels
operating as a group in the same fishery operation, captains of
the subsidiary fishing vessels are under the command of captain
of the main fishing vessel;
3. To select fishing ground, to decide operation location, and
to instruct fishing techniques;
4. To use and maintain fishing gears, navigational and capturing
equipments;
5. To have the full knowledge of the fishing vessel's structure
and functions; and at all time to oversee safety checks; upon a
leave, the captain shall transfer the knowledge and property of
the fishing vessel and relevant records to the successor;
6. To proceed with immediate rescue when other fishing vessels
calling for help, unless one’s fishing vessel itself is in
danger;
7. To keep well all legal proofs and documents pertaining to the
fishing vessel;
8. To keep entry of and examine the logbook at all times;
9. To supervise and assess interns;
10. To faithfully record in the logbook the cause, timing, and
location of the following circumstances and have it sent to the
navigation administration and fishery competent authority at the
port at which the fishing vessel arrives first:
(A) This fishing vessel encountered maritime distress and danger
;
(B) To discover other fishing vessels in collision or maritime
distress;
(C) To rescue vessels or persons in maritime distress;
(D) To penalize fishermen due to his faults;
(E) Any member on board who is missing, dead, harming others or
disseminating contagious disease;
(F) Other important matters.
11. To make a maritime report according to Article 66 of the
Shipmen Act;
12. To provide Observers and inspectors sufficient and necessary
aids to complete their assigned missions.
13. Anything requests by the competent authority.
The First Mate of the fishing vessel, if any, is responsible for
the tasks mentioned in Subparagraph 4 of the preceding Paragraph.
Article 25
The First Mate is under the captain's order to instruct at the
wheel, to manage deck affairs and to supervise all levels of the
navigation staffs in various operation and internship activities.
In case the captain dies or cannot carry out his responsibility
during navigation and in the absence of a successor, the highest
ranking first mate shall act as the proxy for the captain.
Article 26
The Chief Engineer is under the captain's order to supervise all
affairs in the engineering section and is in charged of the
following responsibilities:
1.To manage, use, and maintain the engines;
2.To examine all parts of the machinery both before leaving a
port and after arriving at a port;
3.To supervise engineering staffs to repair when such repairing
is possible;
4.To examine all parts of machinery and their various functions,
report to the captain, and record into the engineer's logbook if
the fishing vessel is in collision or grounded;
5.To have the full knowledge of, and to keep record of the
engine's various functions; upon a leave, the chief engineer
shall transfer the knowledge of the engine functions and records
to the successor;
6.To supervise and assess interns in the engineering section;
7.To faithfully record in the engineer's logbook the cause,
timing, and location of the following circumstances and have it
sent through the captain to the navigation administration and
fishery competent authority at the port at which the fishing
vessel arrives first:
(A) The engines experience major malfunction or the engine room
encounters major accidents;
(B) To provide or take from other fishing vessels any fuel or
auxiliary machinery during the rescue mission;
(C) Other important matters relevant to the engineering section.
Article 27
The First Level Chief Engineering Supervisor and First Level
Engineering Supervisor are under the First Level Chief Engineer's
order to supervise engineering section staffs in various
machinery operations and to train interns; If the First Level
Chief Engineer cannot carry out his responsibilities for any
reasons, the First Level Chief Engineering Supervisor shall act
as proxy for the First Level Chief Engineer.
Article 28
The Radio Operator is under the captain's order to be responsible
of all telecommunications and is in charge of the following
tasks:
1.To take care of communication equipment, plain and secret code,
and relevant documents and legal decrees on communications;
2.To listen to broadcast on weather report and fishing
conditions, record and report to the captain at all times.;
3.Report fishing vessel's position to the coastal station;
4.To communicate with designated agency units within prescribed
time duration;
5.To abide by relevant legal decrees on communication;
6.To report to the captain for further instruction, and to
faithfully record in the logbook of telecommunications, when
encountering the following circumstances:
(A) Having received rescue signals from other vessels;
(B) Having received instructions on navigation from coastal
station;
(C) Having received emergency notification from other units;
(D) Having received telegrams on worse weather conditions;
(E) Having received notification from coastal station or other
vessel station, which might affect the fishing vessel's safety;
7.Any instant orders the captain gives;
8.The Radio Operator shall not communicate with any non-
designated units, unless, for any operation and navigation safety
reasons, under the captain's instruction or approval, due to an
emerging need to communicate with other coastal station or vessel
platform;
9.Other important matters.
Any fishing vessel that does not assign a Radio Operator on board
shall have a crew officer who has received relevant training on
telecommunications to act as the proxy.
Article 29
The ordinary fisherman shall obey the captain's and crew
officer's supervision and direction for various operations.
Article 30
All fishermen shall obey relevant regulations of international
standards when being on duty of navigation, engineering, and telecommunications.
CHAPTER 4 Fishermen Works
Article 31
The fishermen shall not commit the following behaviors:
1. to illegally conduct fishery or engage in illegal fishing
activities during fishery operation;
2. to apply twice, to use counterfeit, or to lend the Fishing
Vessel Crew Identification or Fishing Vessel Officer Certificate
;
3. to join a collective slowdown and strike or to intentionally
sabotage the fishing vessel or fishing gears;
4. to be absent from post or delay to return to the vessel upon
the expiry of vacation;
5. to lack cooperation or to demand unreasonable payment that
cause other vessel to suffer from disaster or kidnapping;
6. to evade, undermine, or refuse mission conducts by Observers
and inspectors.
7. other activities that violate relevant laws or this
Regulations.
Article 32
Crew officer shall faithfully record on fishing areas, fishing
results, sea conditions, and relevant fishery surveys on a daily
basis according to the Regulations.
CHAPTER 4-1 Observers’ and Inspectors’ Assignments and Duties
Article 32-1
The competent authority of the central government may assign
Observers to conduct the following tasks on fishing vessels:
1. To audit authenticity of the data and information provided by
the Captain commanding the fishing vessel in operation.
2. To audit whether the fishing vessel in operation is in
compliance with laws and regulations or not.
3. To be instructed by the order to collect data and biological
samples.
4. To report relevant information as being instructed by the
order in specific time and means including emergency when occurs
.
5. Other tasks assigned to.
Observers’ tasks and missions described above may be profiled
as experiences of Navigation section.
Article 32-2
All fishers shall provide Observers necessary living supports,
medical of fishing vessel crews equivalent, as Captains and
crews are obligated in aiding and co-operating with Observers
sustainable to complete their tasks and missions.
Article 32-3
The competent authority of the central government may assign
Inspectors to conduct the following tasks on the vessels:
1. To inspect the fishing vessels flying the flag of Taiwan
complying the national regulation or the conservation and
management measures of RFMOs.
2. To board and inspect the fishing vessels, and to photograph
and collect the evidence to make and send the record with the
fishery patrol vessel.
3. To propaganda the operating regulation of each ocean to the
fishmen.
4. To execute the marking plan of international biology or
related cooperating conservation plan.
5. To support updating(install) E-logbook and to train the
captain using the VMS reporting catches.
6. Other tasks assigned to.
Inspectors’ tasks and missions described above may be profiled
as experiences of Navigation section.
CHAPTER 5 Addendum
Article 33
When necessary, the central competent authority may require the
municipal/county competent authority to process the retrieval of
Fishing Vessel Crew Identification or Fishing Vessel Officer
Certificate.
Article 34
The formats of Fishing Vessel Crew Identification, Fishing Vessel
Officer Certificate, guarantee statement, and application forms
mentioned herein the Regulations are to be prescribed by the
central competent authority.
Article 35
The Regulations shall enter into force on the date of
promulgation.
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