| Legislative： |
1.The full text established and promulgated on 5 March 2014 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1031332616.
2.Article 20 amended on 5 May 2014 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu
1031333908A.
3.Article 14, 15, 18, 20, and Attached Figure of Article 2
amended on 30 March 2014 by the Council of Agriculture,
Executive Yuan under Order No. Nung-yu-tzu 10413335174A
4.Article 14 and 18 amended on 18 April 2018 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu
1071333786. |
| Content： |
Article 1
These Regulations are hereby established pursuant to Article 37,
subparagraph (3) and Article 54, subparagraph (5) of the
Fisheries Act (hereinafter referred to as “the Act”).
Article 2
Maritime area subject to the Fisheries Agreement between Taiwan
and Japan (hereinafter referred to as “Taiwan-Japan Area”)
as referred to in these Regulations is shown in the Attached
Figure, which comprises waters where the other party’s laws
are not applicable and a special cooperation zone.
Article 3
Any longline fishing vessel shall not operate in the
Taiwan-Japan Area without a permit.
Article 4
Any longline fishing vessel that intends to operate in the
Taiwan-Japan Area shall install an automatic location
communicator.
Article 5
Any fishery operator who intends to apply for a permit to
operate in the Taiwan-Japan Area shall complete and submit an
application form, together with the following documents, to the
Suao Fishermen’s Association, which shall submit the compiled
applications to the central competent authority:
(1)A copy of valid fishing license for directed fishery.
(2)A certificate issued by the Overseas Fisheries Development
Council of the Republic of China verifying that the
automatic location communicator installed on board the
vessel has been tested and proven to be capable of
automatically reporting its positions hourly.
(3)A document proving that the cost of communications of the
automatic location communicator has been paid.
(4)A document proving that the regional fishermen association
to which the fishery operator belongs consents to provide
assistance in handling marine accidents such as collision.
For the application as referred to in the preceding paragraph,
the fishery operator shall submit his or her application before
15 March every year. The Suao Fishermen’s Association shall
make and submit a register of applications to the central
competent authority before 31 March every year. However, the
application deadline for 2014 is extended to 31 March, and the
Suao Fishermen’s Association shall submit the register of
applications before 15 April 2014.
Article 6
For any application made in accordance with Article 5 that has
been approved by the central competent authority, a permit to
operate in the Taiwan-Japan Area shall be issued. The validity
period of the permit shall be up to one year, but shall not
exceed the expiry date of the fishing license.
For the purpose of managing fisheries resources or maintaining
the order of fishing operations in the Taiwan-Japan Area, the
central competent authority may promulgate restrictions on the
number or catch quantity of longline fishing vessels operating
in the Taiwan-Japan Area and publish such restrictions on the
Government Gazette.
Article 7
No permit to operate in the Taiwan-Japan Area shall be issued
in the event that a longline fishing vessel is involved in any
of the following:
(1)Any of the circumstances set out in Article 7-1, subparagraph
(4) to (6) of the Act.
(2)A dispute with a Japanese fishing vessel in the Taiwan-Japan
Area that has not been resolved properly.
(3)The longline fishing vessel acquired by a fishery operator
is involved in one of the circumstances as referred to in
the preceding two subparagraphs.
Article 8
A permit to operate in the Taiwan-Japan Area shall expire upon
the expiry of its validity period. Where a fishery operator
intends to continue fishing operation in the Taiwan-Japan Area,
he or she shall make an application in accordance with Article
5.
Article 9
Any longline fishing vessel with a permit to operate in the
Taiwan-Japan Area shall maintain a functional automatic
location communicator year round, even when it is in port.
Any longline fishing vessel that intends to leave a port shall
do so only after the local unit of the Coast Guard
Administration has checked and confirmed the automatic location
communicator installed on board the vessel is switched on and
functional with the monitoring center of the fishery radio
station of the regional fishermen’s association (hereinafter
referred to as “monitoring center”).
After a longline fishing vessel as referred to in the preceding
paragraph leaves a port, the automatic location communicator
installed on board shall automatically report vessel
position(s) hourly.
Where a longline fishing vessel fails to report its position(s)
normally, the central competent authority may order the fishing
vessel to return to a port for repair within a specified
timeframe, during which the vessel shall use the
telecommunication equipment on board to report its position(s)
every four hours to the monitoring center. After return to the
port, the vessel shall not leave the port unless the automatic
location communicator installed on board is repaired.
Where there is a need to switch off the automatic location
communicator installed on board after port entry, the longline
fishing vessel may do so only after its fishery operator applies
for and obtains permission from the Fisheries Agency of the
Council of Agriculture.
The cost of communications of the automatic location
communicator installed on board any longline fishing vessel
shall be borne by its fishery operator.
Article 10
For the purpose of maintaining the order of fishing operations
in the Taiwan-Japan Area, the central competent authority may
commission the Suao Fishermen’s Association to conduct matters
of instructing longline fishing vessels in respect of fishing
operations in the Taiwan-Japan Area.
The Suao Fishermen’s Association shall set up teams and elect
commanders to conduct matters as referred to in the preceding
paragraph.
For any longline fishing vessel operating in the Taiwan-Japan
Area, its captain shall obey instructions from commanders
elected pursuant to the preceding paragraph.
Article 11
Where any longline fishing vessel with a permit to operate in
the Taiwan-Japan Area leaves a port for fishing operation, the
logbook shall be filled in. Within three days after the vessel
returns to a port, the fishery operator or captain shall submit
the logbook for that fishing trip to the Suao Fishermen’s
Association, which shall submit the said logbooks to the
central competent authority within one month of receipt.
Article 12
Any longline fishing vessel with a permit to operate in the
Taiwan-Japan Area shall be restricted to land its catch in the
Nanfangao fishing port in Ilan County, and shall not land in
any other fishing port unless otherwise permitted on a
case-by-case basis.
The central competent authority may dispatch personnel to
inspect landings. The fishery operator or captain shall not
refuse the inspection.
Where any longline fishing vessel with a permit to operate in
the Taiwan-Japan Area returns to a port for landing, a landing
record shall be filled in and submitted to the Suao
Fishermen’s Association within seven days after the vessel
entry into port. The Suao Fishermen’s Association shall submit
the landing records received in the previous week to the
central competent authority every Monday.
Article 13
Any longline fishing vessel operating in the Taiwan-Japan Area
shall comply with the following provisions:
(1)Such vessel shall not discard any fishing gear, such as
longline(s), or pick up any fishing gear of other fishing
vessel(s).
(2)Such vessel shall not sever lines entangled with the lines
of another fishing vessel unless they can be disentangled
only by severing. The longline fishing vessel which has
severed the entangled lines shall be responsible for
repairing the longline gears.
(3)In case of a dispute with a Japanese fishing vessel, the
captain of such vessel shall immediately report the incident
to the commanders and notify the fishery radio station of
the Suao Fishermen’s Association.
Article 14
During the period from 1 April to 31 July every year, any
longline fishing vessel operating in the water demarcated with
straight lines connected among point D, E, and F in the
Attached Figure shall comply with the following rules:
(1)For the water demarcated with the straight lines connected
among point D, M, and N, as well as the water demarcated
with straight lines connected among point E, F, P and south
of 250 15' N in the Attached Figure, any fishing vessel shall
set longline(s) in the south-north direction, and the
distance between vessels shall be at least four nautical
miles.
(2)For the water demarcated with the straight lines connected
among point N, M, E, and P in the Attached Figure:
i.Time of setting and hauling: any longline fishing vessel
that sets longline(s) at 00:00 midnight of Taiwan time
shall complete hauling by 12:00 noon of Taiwan time. Any
longline fishing vessel that sets longline(s) at 12:00
noon of Taiwan time shall complete hauling by 00:00
midnight of Taiwan time.
ii.Direction of setting: any longline fishing vessel shall
set longline(s) in the east-west direction. For a fishing
vessel operating east of 1230 30' E, the direction of
setting shall be from the west to the east; for a fishing
vessel operating west of 1230 30' E, the direction of
setting shall be from the east to the west.
iii.Distance between sets: the distance between sets shall
not exceed 30 nautical miles in the east-west direction,
and shall reach at least 1 nautical mile in the
south-north direction.
iv.In the event that any longline is drifted to the east of
1240 E, the hauling of such longline shall be completed
before 12:00 noon. Any longline fishing vessel that picks
up longline(s) which is drifted to the east of 1240 E
shall not pass 1240 8' E.
Article 15
During the period from 1 May to 31 July every year, any longline
fishing vessel operating in the special cooperation zone shall
comply with the following provisions:
(1)In the waters south of 260N:
i.Time of setting and hauling: any longline fishing vessel
that sets longline(s) at 00:00 midnight of Taiwan time
shall complete hauling by 12:00 noon of Taiwan time. Any
longline fishing vessels that sets longline(s) at 12:00
noon of Taiwan time shall complete hauling by 00:00
midnight of Taiwan time.
ii.Cardinal point of setting: the cardinal point of setting
shall be located at one or half degree of longitude and
one minute of latitude.
iii.Fishing notification: when a longline fishing vessel
arrives at its intended fishing location, it shall use
the common channel (9222 kilohertz) to notify nearby
fishing vessel(s). In the event that there is already
another vessel waiting to start fishing at the same
location, the vessel of later arrival shall search for
other fishing locations.
iv.Direction of setting: all longline fishing vessels shall
set their longlines in the east-west direction.
v.Distance between sets: the distance between sets shall not
exceed 30 nautical miles in the east-west direction and
shall reach at least 1 nautical mile in the south-north
direction.
(2)In the waters north of 260N:
i.For the setting direction that is westward from the start
point, the time for start setting shall be between 4:00
a.m. and 5:00 a.m. of Taiwan time. For the setting
direction that is from west to east, the time for start
setting shall be after 19:00 p.m. of Taiwan time, and the
hauling shall be completed by 08:00 a.m. of next day. The
range of longlines that are set from west to east can be
set till 125040' E. After the completion of hauling, any
longline fishing vessel shall not disturb fishing operation
of other fishing vessel(s).
ii.Distance between vessels shall be at least 4 nautical
miles.
iii.Setting shall be limited to once per day.
iv.After completion of hauling, the longline fishing vessel
shall return to the start point of its previous set before
the start time of next set.
v.Any longline fishing vessel that intends to start fishing
shall do so only after it has confirmed with Japanese
fishing vessel(s) operating nearby that fishing can be
conducted.
Article 16
A longline fishing vessel with a permit to operate in the
Taiwan-Japan Area shall receive an observer assigned by the
central competent authority to carry out observations on board.
To facilitate an observer to carry out observations on board,
the fishery operator, captain and crew member(s) of a longline
fishing vessel shall comply with the following provisions:
(1)To embark and disembark the observer at the time and place
as informed by the central competent authority.
(2)To provide the observer, while on board the vessel, with
accommodation and medical facilities equal to those available
to officers on board the vessel as well as adequate space,
equipment and data which the observer needs for carrying out
his duties.
(3)When an observer embarks on the fishing vessel, the captain
shall inform the observer of the daily routine, personal
safety and vessel equipment, and notify all crew members of
the observer’s presence for the purpose of carrying out his
duties on board.
(4)To allow and assist the observer to access the communication
equipments such as satellite phone or single side band radio
(SSB).
(5)To provide the logbook to the observer for verification every
day.
(6)Not to interfere with the observer in recording relevant
information derived from the navigation equipment of the
vessel and to provide necessary and sufficient assistance
while the observer performs his duties.
(7)To assist the observer in collecting catch samples for
scientific research.
(8)Not to refuse or interfere with the observer in making
inquiries and recording matters relating to the observations
on board.
(9)The captain shall sign on the data collected or the record
written by the observer in the performance of his duties.
Where there is any different opinion on the record written
by the observer, the captain may add his or her opinion to
the record.
(10)The captain shall ensure the observer’s safety. In case of
emergency or distress, special care and refuge shall be
given to the observer.
Article 17
While operating in the Taiwan-Japan Area, longline fishing
vessels shall accept the boarding and inspection carried out by
our national patrol vessels.
Article 18
In the event of any of the following circumstances, pursuant to
Article 10 of the Act, the fishing license of the fishery
operator and the certificate of fishing vessel officer or the
fishing vessel crew identification of the fishery employees
shall be subject to suspension for a period of not more than
one year; in case of a serious violation, the fishing license
of fishery operator and the certificate of fishing vessel
officer or the fishing vessel crew identification of the fishery
employees may be subject to revocation:
(1)In violation of Article 3, fishing in the Taiwan-Japan Area
without a permit.
(2)In violation of any restriction on catch quantity promulgated
pursuant to Article 6, paragraph 2.
(3)Failure to report vessel position(s) in accordance with
Article 9, paragraph 1.
(4)In violation of Article 9, paragraph 2, failing to have the
automatic location communicator installed on board confirmed
functional before port departure, and failing to report
vessel position(s).
(5)Failure to return to a port within the specified timeframe,
or leaving a port without having the automatic location
communicator repaired in accordance with Article 9, paragraph
4.
(6)In violation of Article 9, paragraph 5, switching off the
automatic location communicator installed on board without
applying for permission.
(7)In violation of Article 12, paragraph 1, 2, or 3, landing in
any port other than the designated port, refusing landing
inspection(s) or failure to submit the landing record as
required.
(8)In violation of Article 13 in respect of requirements on
fishing operations in the Taiwan-Japan Area.
(9)In violation of Article 14 in respect of rules when operating
in the Taiwan-Japan Area.
(10)In violation of Article 15 in respect of time of setting and
hauling, setting direction, distance between sets, fishing
notification and etc.
(11)In violation of Article 16, evading, interfering with or
refusing the observer assigned by the central competent
authority to carry out observations on board and failure to
embark and disembark the observer for performance of his
duties.
(12)In violation of Article 17, evading, interfering with or
refusing boarding and inspection carried out by our national
patrol vessels.
Article 19
In the event of any of the following circumstances, pursuant to
Article 65, subparagraph (7) of the Act, the fishery operator
or fishery employees of the fishing vessel shall be subject to
a fine of not less than NT$ 30 thousand dollars but not more
than NT$ 150 thousand dollars:
(1)In violation of Article 9, paragraph 3, failure to report
vessel positions hourly after port departure.
(2)In violation of Article 10, paragraph 3, non-compliance with
the instructions from commanders.
(3)Failure to fill in and submit the logbook, or failure to fill
in the logbook accurately in accordance with Article 11.
(4)In violation of Article 12, paragraph 3, failure to fill in
the landing record accurately.
Article 20
These Regulations shall enter into force on the date of
promulgation. Article 18 and 19 established on 5 March 2014
shall enter into force on 5 May 2014.
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