| Legislative： |
1.The full text of 13 articles promulgated on 20 January 2017
by the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1051338468.
2.The full text of 14 articles promulgated on 29 May 2018 by the
Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1071334297. |
| Content： |
Article 1
These regulations are established in accordance with Article
22, paragraph 3 of the Act for Distant Water Fisheries
(hereinafter referred to as the Act).
Article 2
Any foreign flag fishing vessel applying for port entry into
the Republic of China shall not have any of the circumstances
stipulated in Article 22, paragraph 2 of the Act, and shall
meet the following conditions:
(1)The fishing vessel is listed in the approved vessel list(s)
of the international fisheries organization(s) or holds a
valid fishing license, fishing authorization document, or
transportation permit issued by the flag State.
(2)The fisheries type(s) conducted by the fishing vessel is not
gillnet fishery.
Article 3
The ports of entry in the Republic of China for any foreign
flag fishing vessel shall be limited to Keelung Port, Kaohsiung
Port, Chen-Pin Fishing Harbor, and Chien-Chen Fishing Harbor.
Activities after the port entry as referred to in the preceding
paragraph shall be limited to landing in port, transshipment
in port, supply, or repair of fishing vessels.
Article 4
For any foreign fishing vessel entering or leaving a port of
the Republic of China, its operator shall provide the Power of
Attorney which commissioning an agent to apply to the
competent authority for the port entry, submit the Advance
Notice of Port Entry, apply for the extension of the berthing
period, and fill in and submit the Landing or Transshipment
Declaration and Notification of Port Departure.
The agent as referred to in the preceding paragraph shall be
limited to the shipping agency of the Republic of China
authorized under the Shipping Act.
Article 5
For any foreign flag fishing vessel intending to enter into a
port of the Republic of China, the agent of such vessel shall
apply, five working days prior to port arrival, to the
competent authority with the submission of the following
documents for the port entry approval, which will be granted
after examining the documents; for any foreign flag fishing
vessel whose last port of departure is less than 1,600 nautical
miles from the port applying for entry, and that navigates in
direct route for port entry after port departure, the
application may be filed three working days prior to port
arrival:
(1)Advance Notice of Port Entry (format as shown in Appendix 1);
(2)Notification on Fishing, Transshipment or Landing (format as
shown in Appendix 2);
(3)A copy of nationality certificate of the vessel concerned;
(4)A copy of the fishing license or fishing authorization
document; or a copy of the transportation permit for a
carrier vessel;
(5)A list of crew members (including name, nationality,
year/month/date of birth, position on board, passport or
traveling document numbers) and copies of valid Certificate
of Fishing Officers;
(6)Three photos of the portside, starboard, and stern of the
vessel concerned. Each photo shall display clearly and
legibly the vessel name and the international radio call
sign;
(7)Document(s) proving the departure from the last port of call;
(8)For carrier vessels, the following documents shall be
submitted as well:
i.The fish hold layout which clearly distinguishes species
and quantities of each fish hold, and a copy of the
document of the transshipment details;
ii.Copies of the nationality certificates, fishing licenses,
and transshipment authorization of donor vessels; and
(9)In case that the operator is not the owner of the foreign
vessel applying for port entry, document(s) proving the
management right shall be also provided.
In case that the documents as referred to in paragraph 1 are
written in foreign language, a Chinese translation authenticated
by public notary of the Republic of China shall be submitted.
Such provision shall be exempted for the documents written in
English.
For any foreign flag fishing vessel applying for entering
Keelung Port or Kaohsiung Port, the agent of the vessel
concerned shall, after obtaining the port entry approval as
referred to in paragraph 1, apply for port entry from the
shipping administration authority.
In case of force majeure or distress, the agent of a foreign
flag fishing vessel intending to enter Keelung Port or Kaohsiung
Port may apply for emergent port entry in accordance with the
Commercial Port Law, and shall furnish the documents as
stipulated in paragraph 1 and 2 within 24 hours after the port
entry.
Article 6
In case that a foreign flag fishing vessel is under any of the
following circumstances, the competent authority shall not grant
the port entry approval:
(1)Its operator is sentenced imprisonment for violating the Act,
the Fisheries Act or the Act to Govern Investment in the
Operation of Foreign Flag Fishing Vessels and such sentence
is not yet executed, not executed completely, or is on
probation whose period is not yet expired.
(2)Its operator is sentenced to a short-term imprisonment or
criminal fine for violating the Act, the Fisheries Act or
the Act to Govern Investment in the Operation of Foreign Flag
Fishing Vessels and such sentence is not yet executed or not
executed completely.
(3)Its operator has not paid completely the fine imposed
pursuant to the Act, the Fisheries Act or the Act to Govern
Investment in the Operation of Foreign Flag Fishing Vessels.
(4)Its previous operator has not paid completely the fine
imposed pursuant to the Act, the Fisheries Act or the Act to
Govern Investment in the Operation of Foreign Flag Fishing
Vessels.
In case that berths of Chen-Pin Fishing Harbor or Chien-Chen
Fishing Harbor are insufficient, the competent authority may
not approve the port entry applications into such two ports of
foreign flag fishing vessels.
Article 7
The agent of a foreign flag fishing vessel shall, within 24
hours after the port entry, submit to the competent authority
the Port Entry Report (format as shown in Appendix 3).
Article 8
Before entering Chen-Pin Fishing Harbor or Chien-Chen Fishing
Harbor, any foreign flag fishing vessel shall complete
inspections regarding shipping administration, customs,
sanitary, immigration, disease containment, and quarantine in
Keelung Port or Kaohsiung Port
Any foreign fishing vessel approved to enter the fishing
harbors as referred to in the preceding paragraph shall not
berth for more than five days. In case of extension of the
period for landing, the agent may apply to the competent
authority before the expiry of the berthing period. The
extension shall be limited to once, with three days as the
maximum period of extension.
For any foreign flag fishing vessel entering into a port of the
Republic of China with any crew from the Mainland China
onboard, such vessel shall cooperate with the Coast Guard and
police authorities for security inspection(s). The operator
concerned shall temporarily place the Mainland Chinese crew
member(s) at onshore accommodation sites, or onboard the
fishing vessel(s) hiring such crew member(s) within the
temporary settlement area after inspection clearance.
For the Mainland Chinese crew placed at onshore accommodation
sites, or onboard the fishing vessels hiring such crew within
the temporary settlement area, the operators concerned shall
restrain such crew from leaving those places. The fees for
temporary boarding shall be borne by the operators concerned.
Any Mainland Chinese crew that intends to depart via aircraft
shall apply to the National Immigration Agency of the Ministry
of the Interior for the entry or exit in accordance with the
Regulations on the Entry Permission into Taiwan for People of
Mainland China.
Article 9
Any foreign flag fishing vessel entering into a port of the
Republic of China shall berth, land, transship, supply or be
repaired at the area(s) designated by the competent authority
of the port or the commercial port administrative authority.
Any activity that is inconsistent with the purpose of port
entry as indicated in the application shall not be conducted.
Article 10
In case of any of the following circumstances, the competent
authority may revoke the port entry approval of any foreign
flag fishing vessel, and notify the shipping administration
authority:
(1)After the port entry, the foreign flag fishing vessel has
conducted any activity inconsistent with the purpose of port
entry as indicated in the application.
(2)The foreign flag fishing vessel has not entered the port for
more than two days after its estimated time of arrival.
(3)The catch is not weighed or landed by species and by fishing
vessel(s) whereby the catch is sourced.
Article 11
Any foreign flag fishing vessel entering into a port of the
Republic of China for landing or transshipment shall pay
relevant fees incurred from inspection(s) before commencing
the landing or transshipment.
The time for landing or transshipment as referred to in the
preceding paragraph shall be from 6 a.m. to 18 p.m. every day.
Any catch that is not yet landed or transshipped shall be
sealed in the fish hold(s) by the competent authority, and such
fish hold(s) shall not open unless the competent authority has
approved.
The inspection(s) and the sealing of fish hold(s) as referred to
in the preceding two paragraphs may be delegated by the
competent authority to subordinate agency/institution(s) or the
government of municipality, county or township; or commissioned
to other institution(s), legal person(s), or organization(s).
The agent shall submit the Landing Declaration (format as shown
in Appendix 4) or Transshipment Declaration (format as shown
in Appendix 5) to the competent authority within the timeframe
prescribed as follows:
(1)For fishing vessels, the Declaration shall be submitted
within two days after the completion of landing or
transshipment.
(2)For carrier vessels, the Declaration shall be submitted
within five days after the completion of landing or
transshipment.
Article 12
For any foreign flag fishing vessel entering into a port of the
Republic of China for landing or transshipment, its operator
shall fill in completely and accurately the Notification on
Fishing, Transshipment or Landing.
The discrepancy between the amount recorded in the Notification
as referred to in the preceding paragraph and the actual
landing or transshipment amount shall meet the following
provisions:
(1)For species with catch limit or under the Catch Statistical
Document Program or Catch Documentation Scheme adopted by the
international fisheries organizations, the discrepancy
shall not exceed 10%.
(2)For species other than those stipulated in the preceding
subparagraph, the discrepancy shall not exceed 25%.
Article 13
The agent of any foreign flag fishing vessel approved to enter
into a port of the Republic of China shall submit to the
competent authority the Notification of Port Departure (format
as shown in Appendix 6) one day prior to the port departure.
Article 14
These Regulations shall enter into force upon promulgation. |