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MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

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Content

Title: Regulations for Fishing Vessels Conducting Southern Bluefin Tuna Fishery Ch
Date: 2019.01.14
Legislative: 1.The full text of 49 articles promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No. Nung-
Yu-Tzu 1061332035.

2.Articles 2, 8, 9, 15 to 17, 37, 38, 49 amended and promulgated
on 8 January 2018 by the Council of Agriculture, Executive Yuan
under Order No. Nung-Yu-Tzu 1061388036.

3.Articles 6 and 18 amended and promulgated on 14 January 2019 by
the Council of Agriculture, Executive Yuan under Order No. Nung
-Yu-Tzu 1071339388.
Content: Chapter I General Principles

Article 1
These Regulations are established pursuant to Article 6, paragraph
2; Article 10, paragraph 2; and Article 11, paragraph 3 of the Act
 for Distant Water Fisheries (hereinafter referred to as “the Act”
). 

Article 2
Terms used in these Regulations are defined as follows:
(1)“Tuna longline fishing vessel” means any fishing vessel 
targeting highly migratory fish species such as tunas, billfishes, 
sharks, skipjacks or mahi mahi with longline fishing gears.
(2)“Fishing year” means the period starting from March 1 of 
the current year to the last day of February of the following year.
(3)“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)

Article 3
Any distant water fisheries operator shall not conduct southern 
bluefin tuna fishing operation without authorization from the 
competent authority.

Fishing vessels intending to catch southern bluefin tuna shall be 
limited to tuna longline fishing vessels of 100 Gross Tonnage (GT)
 and above.

Article 4
For the purpose of these Regulations, the species with catch limit 
as referred to in subparagraph (7) of Article 13, paragraph 1 of 
the Act means southern bluefin tuna. 

Article 5
Tuna longline tuna fishing vessels catching southern bluefin tuna 
(hereinafter referred to as “southern bluefin tuna fishing 
vessels”) are categorized into the following groups:
(1)Seasonal targeting group, which targets southern bluefin tuna 
and can be categorized into the following three groups:
i.Southcentral Indian Ocean group;
ii.Southwestern Indian Ocean group; and
iii.Domestic sale group: fishing vessels in this group shall ship 
back to the Republic of China a specific amount of southern bluefin 
tuna as promulgated by the competent authority for domestic sale.
(2)Bycatch group, which not targets southern bluefin tuna.

Article 6
Fishing areas for the fishing vessels of the seasonal targeting 
group are divided as follows and as shown in Appendix 1:
(1)For southcentral Indian Ocean group and domestic sale group: the 
area of the Indian Ocean south of 28°S, east of 65°E and west of 
150°E (hereinafter referred to as “southcentral Indian Ocean fishing 
area”).
(2)For southwestern Indian Ocean group: the area of the Indian Ocean 
south of 28°S, and between 20°E and 45°E (hereinafter referred to as 
“southwestern Indian Ocean fishing area”). 

Any fishing vessel of the bycatch group shall only catch southern 
bluefin tuna in the fishing area pertained to its distant water 
fisheries permit of the Pacific, Atlantic or Indian Ocean 
respectively.

Article 7
The number of vessels in each group shall be promulgated by the 
competent authority in accordance with the resolutions of the 
Commission for the Conservation of Southern Bluefin Tuna 
(hereinafter referred to as “the CCSBT”).

Chapter II Application and Issuance of the Permit

Article 8
For the application of the permit of southern bluefin tuna, the 
following conditions shall be met: 
(1)The distant water fisheries operator shall be a member of the 
Taiwan Deep Sea Tuna Boat-owners and Exporters Association 
(hereinafter referred to as “Tuna Association”).
(2)The fishing vessel shall be a tuna longline fishing vessel of 100 
GT and above. 
(3)The fishing vessel has installed with the electronic logbook (E-
logbook) system that can be filled in the measurement data of the 
southern bluefin tuna by each fish and can report catch data 
regularly and normally. 
(4)The following distant water fisheries permit issued by the 
competent authority for the current year has been obtained: 
i.For seasonal targeting group: the permit for bigeye tuna group or 
albacore tuna group in the Indian Ocean. 
ii.For bycatch group: the permit for albacore tuna group in the 
Pacific Ocean, albacore tuna group in the Atlantic Ocean, bigeye 
tuna group in the Indian Ocean or albacore tuna group in the Indian 
Ocean.

Article 9
Any distant water fisheries operator applying for the permit of 
southern bluefin tuna for the following fishing year shall enclose 
with evidential documents in accordance with Article 8, and register 
to the Tuna Association by January 10 of the current year. The Tuna 
Association shall compile applications by group, and submit to the 
competent authority by January 20 of the current year.

Article 10
For fishing vessels applying for each group of the seasonal targeting 
group, the Tuna Association shall come up with a list of vessel 
priority in accordance with the following sequence of priority and 
submit to the competent authority:
(1)First priority: the fishing vessel has been authorized in the 
seasonal targeting group in any of the past three fishing years, and 
has actual fishing record.
(2)Second priority: the fishing vessel of albacore tuna group or 
bigeye tuna group in the Indian Ocean.

In the event that fishing vessels applied cannot be prioritized in 
accordance with the sequence of priority, the Tuna Association shall 
draw lots to decide the priority in an equitable and impartial manner. 

Article 11
In the event that the number of fishing vessels obtaining the permit 
of southern bluefin tuna is less than the limit of each group of the 
current fishing year, the competent authority may, in addition to 
filling in the vacancy pursuant to the sequence of priority prescribed 
in Article 10, announce in due course to accept applications, 
notwithstanding the application deadline prescribed in Article 9.

In the event that the number of fishing vessels applied for the domestic 
sale group is less than that promulgated by the competent authority, the 
Tuna Association shall fill in the vacancy by drawing lots from the 
fishing vessels applied for southcentral Indian Ocean group of the 
current fishing year to decide the priority in a equitable and impartial 
manner.

Article 12
Any distant water fisheries operator whose fishing vessel(s) is under any 
of the following circumstances shall not be granted the permit of southern 
bluefin tuna:
(1)For fishing vessels in the seasonal targeting group: the actual landing 
amount of individual vessel in a fishing year exceeds 10% of its 
individual vessel quota of the same fishing year, and the punishment 
imposed has not been executed completely, or three years have not passed 
since the completion of execution.
(2)For fishing vessels in the bycatch group: the actual landing amount of 
individual vessel in a fishing year exceeds 30% of its individual vessel 
quota of the same fishing year, and the punishment imposed has not been 
executed completely, or three years have not passed since the completion 
of execution.
(3)For fishing vessels in domestic sale group: the southern bluefin tuna 
is not shipped back to the Republic of China for domestic sale in 
accordance with Article 19, and the punishment imposed has not been 
executed completely, or three years have not passed since the completion 
of execution.
(4)For fishing vessels in the southcentral Indian Ocean group or domestic 
sale group: 
the distant water fisheries operator whose utilization rate of individual 
vessel quota is 40% and above but less than 50% is punished for not 
reporting for voluntary quota reduction in accordance with Article 20, and 
such punishment has not been executed completely or one year has not passed 
since the completion of such execution; the distant water fisheries operator 
whose utilization rate of individual vessel quota is 30% and above but less 
than 40% is punished for not reporting for voluntary quota reduction in 
accordance with Article 20, and such punishment has not been executed 
completely or two years have not passed since the completion of such execution
; or the distant water fisheries operator whose utilization rate of individual 
vessel quota is less than 30% is punished for not reporting for voluntary 
quota reduction in accordance with Article 20, and such punishment has not been 
executed completely or three years have not passed since the completion of such 
execution.

Article 13
A certificate of the permit of southern bluefin tuna will be issued for the 
application approved by the competent authority. The maximum period of 
validity of the permit shall be one year.
 
The certificate of the permit of southern bluefin tuna shall record, both in 
Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, GT, length overall (LOA) and fisheries type of the 
fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, group, fishing area(s), and fishing period;
(5)The International Radio Call Sign (IRCS); 
(6)The IMO ship identification number or LR number; and 
(7)The incidental provisions: in the event that the distant water fisheries 
permit of the fishing vessel is invalid during the period permitted to catch 
southern bluefin tuna, the permit of southern bluefin tuna shall be invalid 
simultaneously.

The distant water fisheries operator shall place onboard the fishing vessel 
a copy of the valid permit of southern bluefin tuna in case of inspection.

Article 14
Any fishing vessel that has obtained the permit of southern bluefin tuna of 
the southcentral Indian Ocean group or domestic sale group shall enter the 
southcentral Indian Ocean fishing area by July 31 of the current year.

Any fishing vessel that has obtained the permit of southern bluefin of the 
southwestern Indian Ocean group shall enter the southwestern Indian Ocean 
fishing area by November 30 of the current year.

For any fishing vessel failing to enter the fishing area it belongs to by 
the deadline as stipulated in the preceding two paragraphs, its permit of 
southern bluefin tuna shall be revoked. 

Chapter III Catch Limits or Quotas
Article 15
The total catch quota of southern bluefin tuna of the fishing year 
(unprocessed round weight, hereinafter the same when referring to “quota” 
in the following provisions), the individual vessel quota, and the amount 
of catch for individual vessel to ship back to the Republic of China for 
domestic sale shall be promulgated by the competent authority in accordance 
with the resolutions of the CCSBT.

The period for using the quota as referred in the preceding paragraph shall 
be from March 1 of the current year to the last day of February of the 
following year. Notwithstanding such provision, for the fishing year 2017, 
the period for using the quota shall be closed on February 28, 2018.

In case that the number of fishing vessels obtaining the permit of southern 
bluefin tuna of each group in the current fishing year is below the limit, 
the total remaining quota shall be arranged by the competent authority.

Article 16
The permit of southern bluefin tuna of the current fishing year shall be 
obtained for granting the southern bluefin tuna quota of the current 
fishing year. 

For any southern bluefin tuna fishing vessel which has not obtained the 
permit of southern bluefin tuna of the entire fishing year, the quota 
shall be granted in accordance with the percentage which the number of 
month(s) approved accounts for the whole fishing year. Notwithstanding 
such provision, in the event that the ownership of any southern bluefin 
tuna fishing vessel transfers and the quota used by the original distant 
water fisheries operator exceeds the percentage that the number of month(s) 
approved accounts for the whole fishing year, the quota of such vessel unused 
in the current fishing year shall be granted to the new distant water 
fisheries operator.

In case of any of the following circumstances, the competent authority shall 
retrieve the unused quota of the southern bluefin tuna fishing vessel 
concerned in the current fishing year:
(1)Loss of a fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed by the competent 
authority.
(3)Revocation or withdrawal of the distant water fisheries permit imposed by 
the competent authority.

Article 17
The catch amount (unprocessed round weight, hereinafter the same when 
referring to “ catch amount” in the following provisions) of southern 
bluefin tuna caught by any southern bluefin tuna fishing vessel shall not 
exceed the individual vessel quota allocated for the current fishing year. In 
case of excess, the quota of such fishing vessel for the following fishing 
year shall be deducted accordingly.

The conversion factor between the weights of fish which is gilled, gutted and 
tailed and round fish is 1.15.

Article 18
In case of any of the following conditions, the competent authority shall 
grant the quota of the current fishing year in accordance with the percentage 
which the number of month(s) that the southern bluefin fishing vessel actual 
fishes accounts for the whole fishing year; shall retrieve the quota on a 
pro-rata basis from the vessel which has been granted the quota; or shall deduct 
the quota allocated for the following fishing year in the event that the quota 
is unable to be retrieved from the vessel:     
(1)The southern bluefin tuna fishing vessel is punished by the competent authority 
of the suspension of the fishing license for one month and above.
(2)The southern bluefin tuna fishing vessel is detained in the port by foreign 
government.

For any fishing vessel approved to be engaged in fisheries cooperation by means 
of being chartered, the quota shall not be granted to such vessel during the 
period of fisheries cooperation. In case that the quota has been granted, the 
competent authority shall retrieve the quota of the current year in accordance 
with the percentage that the number of month(s) for fisheries cooperation 
accounts for the whole year. In case that the quota of the current year is unable 
to be retrieved, the competent authority shall deduct the quota allocated for 
such vessel in the following year.

Article 19
For any fishing vessel of the domestic sale group, the amount of its catch of 
southern bluefin tuna shipped back for domestic sale shall not be below the 
amount promulgated pursuant to Article 15, paragraph 1.

Article 20    
In the event that the catch amount of any fishing vessel of the southcentral 
Indian Ocean group or the domestic sale group that has obtained the permit of 
southern bluefin tuna is less than 50%, the distant water fisheries operator 
shall report the amount of voluntary quota deduction to the Tuna Association 
by August 15 of the current year, and the Tuna Association shall forward it to 
the competent authority.

Article 21
In the event that the accumulated catch amount of southern bluefin tuna caught 
by fishing vessels of the Republic of China reaches 95% of the total catch 
quota of the current fishing year, the competent authority may order fishing 
vessels to stop catching southern bluefin tuna by a deadline and to leave 
fishing area(s) by a deadline.

Article 22
The competent authority may, after August 15 of the current year, announce 
the additional southern bluefin tuna quota that can be applied for. 

Applicants of the additional quota as referred to in the preceding paragraph 
shall meet the following requirements:
(1)The utilization rate of individual vessel quota of southern bluefin tuna 
has reached 50% and above.
(2)The fishing vessel has not left its fishing area. 

Article 23
The competent authority may grant premium quota to the catching vessel which 
cooperated with the competent authority to carry out relevant experiments,
 researches or management measures.

Chapter IV Management of Catch Tagging 
Article 24
Any distant water fisheries operator shall, before the fishing operations 
of fishing vessel(s), pay the cost of tags to the Tuna Association, and 
apply to the competent authority, with the submission of a payment receipt, 
for the issuance of southern bluefin tuna tags (hereinafter referred to as 
the “tags”).

For any fishing vessel entering the fishing area without applying for the 
tags in accordance with the preceding paragraph, the competent authority 
shall revoke its permit of southern bluefin tuna.

Any southern bluefin tuna fishing vessel shall apply for the tags in 
accordance with the first paragraph before the tags are exhausted during 
operation at sea, and the southern bluefin tuna may only be tagged at the 
time of landing in port after the approval from the competent authority is 
obtained.

Article 25
Any southern bluefin tuna shall be tagged at the appropriate position in 
case of being caught by any fishing vessel, and the length, weight, and 
the serial number of the tag shall be recorded on the Catch Tagging Form, 
format of which is as shown in Appendix 2.

Article 26
Any tag on southern bluefin tuna shall be remained on the fish at least 
up to the first point of sale.

In the event that the tag detaches and cannot be re-attached, a unused 
replacement tag shall be attached immediately, and the serial number of 
the replacement tag and detached tag shall be recorded in the record 
sheet. In case that the serial number of the detached tag is unknown, 
recording may be exempted. The format of the record sheet is as shown in 
Appendix 3.

The record sheet as referred to in the preceding paragraph shall, within 
3 days after the landing, be submitted in writing to the Tuna
 Association for forwarding to the competent authority for perusal.  

Chapter V Logbook, Catch report and Mitigation Measures for Incidental 
Catch
Article 27
For any southern bluefin tuna fishing vessel that leaves a port, its 
captain shall daily report the length, weight, serial number of the tag 
of each southern bluefin tuna through the E-logbook system, and shall 
completely and accurately fill in the logbook designated by the competent 
authority, where there is any catch or not. 

In the event that the southern bluefin tuna fishing vessel as referred to 
in the preceding paragraph has exhausted its quota for southern bluefin 
tuna, any southern bluefin tuna subsequently caught shall be discarded 
immediately and the amount of discard shall be recorded in the logbook 
and the E-logbook system, and any fishing vessel of the seasonal 
targeting group shall leave the fishing area as well.

In the event that the E-logbook logbook system onboard the fishing 
vessel is mal-functional, the distant water fisheries operator or the 
captain shall daily transmit the catch data to the Tuna Association for 
forwarding to the competent authority for perusal. Such catch data shall 
be signed by the distant water fisheries operator or the captain.

Article 28
During one fishing trip of any southern bluefin tuna fishing vessel, for 
any fishing vessel of the seasonal targeting group, the discrepancy between 
the catch amount of the southern bluefin tuna recorded in the E-logbook or 
the logbook and the actual landing amount shall not exceed 5% of the actual 
landing amount. For any fishing vessel of the bycatch group, such 
discrepancy shall not exceed 10% of the actual landing amount.

Article 29
Any of the following circumstance shall be defined as “seriously 
misreporting” as referred to subparagraph (12) of Article 13, paragraph 1 
of the Act:
(1)For any fishing vessel of the seasonal targeting group, the discrepancy 
between the catch amount recorded in the E-logbook or the logbook and the 
actual landing amount exceeds two metric tons as well as 20% of the actual 
landing amount.
(2)For any fishing vessel of the bycatch group, the discrepancy between 
the catch amount recorded in the E-logbook or the logbook and the actual 
landing amount exceeds 300 kilograms as well as 30% of the actual landing 
amount.

Article 30
Any southern bluefin tuna fishing vessel proceeds to operate in area south 
of 25°S shall employ at least two seabird mitigation measures, one of which 
shall be tori lines, the other shall be either the night setting with 
minimum deck lights or weighted branch lines. Specifications are as shown in 
Appendix 4. 

The seabird mitigation measures taken during each fishing operation of 
fishing vessel shall be recorded in the E-logbook and logbook.

Chapter VI The Designation and Management of Ports for Transshipment or 
Landing
Article 31
The southern bluefin tuna catch of any fishing vessel shall be limited to 
in-port transshipment or in-port landing.  For a carrier vessel which carries 
the regional observer on board dispatched by the Indian Ocean Tuna Commission
 (IOTC) or the International Commission for the Conservation of Atlantic 
Tunas (ICCAT), and the distant water fisheries operator of the fishing vessel 
who has paid the cost to implement the regional observer program in accordance 
with the provisions in the regulations of respective Ocean, at-sea 
transshipment may be conducted. 

Article 32
The transshipment of southern bluefin tuna by any southern bluefin tuna fishing 
vessel or carrier vessel shall be conducted in accordance with the “Regulations
 for Tuna Longline Fishing Vessels Proceeding to the Atlantic Ocean for Fishing 
Operation” or “Regulations for Tuna Longline Fishing Vessels Proceeding to the 
Indian Ocean for Fishing Operation”. Any southern bluefin tuna fishing vessel 
of the bycatch group that fishing in the Pacific Ocean shall only land in a 
domestic port.

The carrier vessel as referred to in the preceding paragraph shall be included 
in the list of carrier vessels of the CCSBT.

Within 24 hours after the completion of transshipment by the carrier vessel as
 referred to in paragraph 1, the ICCAT or IOTC Transshipment Declaration that 
contains southern bluefin tuna catch shall be submitted to the CCSBT 
Secretariat and the competent authority.

Article 33
The foreign ports for landing or transshipment of southern bluefin tuna shall 
be limited to Cape Town of South Africa or Port Louis in Mauritius.

Any distant water fisheries operator intending to land or transship southern 
bluefin tuna in the ports as referred to in the preceding paragraph shall,
 seven working days before the estimated date of entry into port, notify the 
competent authority through the Tuna Association, and shall, upon entry into 
port, accept the port inspections conducted by personnel dispatched by the 
competent authority or independent third party for the verification of the catch 
landed or transshipped.

For the southern bluefin tuna sold directly to Japan through at-sea transshipment, 
the distant water fisheries operator shall, seven working days before the estimated 
date of such catch arriving in Japan, report the estimated date of arrival to the 
competent authority, and shall accept the port inspections conducted by the 
independent third party for the verification of the catch landed. 

The cost 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 fishing vessel being inspected.

Article 34
The domestic port for the landing of southern bluefin Tuna shall be limited to 
Chienchen Fishing Harbor in Kaohsiung.

Any distant water fisheries operator intending to conduct the landing as 
referred to in the preceding paragraph shall, seven working days before the 
entry into port of the fishing vessel, notify the competent authority through 
the Tuna Association, and shall, upon entry into port, accept the inspections 
conducted by personnel dispatched by the competent authority.

Article 35
The southern bluefin tuna that shall be shipped back by the fishing vessel of 
the domestic sale group shall arrive in the Republic of China before March 31 
of the following fishing year and shall not be exported. 

Article 36
Any shipment of southern bluefin tuna back to the Republic of China by 
commercial cargo vessel, airplane, carrier vessel or the fishing vessel 
itself shall be, seven working days before taking delivery or seven working 
days before the arrival of such fish product, notified to the competent 
authority, and upon entry into port, inspections conducted by the personnel 
dispatched by the competent authority shall be accepted.     

Chapter VII Observation and Inspection during Fishing Operations
Article 37
The distant water fisheries operator of any fishing vessel that receives the 
observer dispatched by the competent authority, any foreign country with 
which the fisheries cooperation is engaged, or any international fisheries 
organization shall comply with the following:
(1)He/she shall notify the competent authority in writing seven working days 
before the date of estimated 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 38
The captain of any fishing vessel that receives the observer dispatched by the 
competent authority, any foreign country with which the fisheries cooperation 
is engaged, or any international fisheries organization shall comply with the 
following:
(1)The captain shall attend the pre-sail training course given by the competent 
authority.
(2)When an observer is on board the fishing vessel, the captain shall inform the 
observer of the daily routine, personal safety and vessel equipment.
(3)The captain shall cooperate with and assist the observer in carrying out 
duties, and shall not evade, obstruct or refuse to answer the inquiry related to 
the observation mission.
(4)The captain shall not interfere with, assault, intimidate, or bribe the
 observer.
(5)The captain shall provide the observer with adequate space, facilities, 
equipment and information on the vessel necessary for his daily living and for 
carrying out his/her duties.
(6)The captain shall request the crew to comply with the provisions stipulated 
in preceding three subparagraphs.
(7)The captain shall sign on the observation record(s) written by the observer. 
In case there are different views on such 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 39
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 Catch Monitoring Form
Article 40
The applicant of southern bluefin tuna Catch Monitoring Form is limited to the 
distant water fisheries operator of the fishing vessel that catches the southern 
bluefin tuna. The format of the Catch Monitoring Form is shown as Appendix 5.

Article 41
For the application of southern bluefin tuna Catch Monitoring Form, the 
applicant shall fill in and submit the application form to the competent 
authority with the enclosure of the following documents:
(1)The Notification Sheet of the Southern Bluefin Tuna Caught by Fishing Vessel 
certified by the Tuna Association. The format of the Notification Sheet is as 
shown in Appendix 6.
(2)A certificate showing the detailed amount of southern bluefin tuna 
transshipped by a carrier vessel.
(3)A certificate issued by the Tuna Association proving the distant water 
fisheries operator has paid the reimbursement for the vessel reduction program in 
respect of the amount of catch of frozen tuna and billfish recorded in the 
transshipment declaration.
(4)The Catch Tagging Form.
(5)Three copies of the southern bluefin tuna catch monitoring form with completed 
information in printing. 

For any southern bluefin tuna catch that has been transshipped at sea, the captain 
of the fishing vessel, the captain of the carrier vessel and the regional observer 
shall confirm and sign the transshipment column in the Catch Monitoring Form.

Article 42
The transshipment of any southern bluefin tuna of the current fishing year that is 
permitted to be kept in the fish hold(s) onboard shall be completed before October 
31 of the following fishing year, and the application of the Catch Monitoring Form 
shall be made as well. 

Article 43
In the event that the catches of southern bluefin tuna caught by a fishing vessel 
is shipped back for domestic sale, the distant water fisheries operator shall 
report the flow of such catches to the competent authority when applying for the 
Catch Monitoring Form.

Article 44
In case of any of the following circumstances, in addition to the punishments 
prescribed in Article 36, paragraph 1 to 4 or Article 41, paragraphs 1 and 2 of the 
Act and confiscation of the catch pursuant to Article 43 of the Act, the 
application for southern bluefin tuna catch monitoring document shall be denied:
(1)The southern bluefin tuna is caught by any fishing vessel listed in the list of 
illegal, unreported and unregulated fishing vessels as promulgated in accordance 
with Article 13, paragraph 2 of the Act.
(2)In violation of provisions stipulated in Article 13 of the Act or Article 48, 
paragraph 1 of the Fisheries Act during fishing operation of the fishing vessel.
(3)Catching southern bluefin tuna without the permit from the competent authority.
(4)Failure to apply for transshipment or landing in accordance with relevant 
regulations.

Article 45
The southern bluefin tuna Catch Monitoring Form will be issued for the application 
made in accordance with Article 41 and approved by the competent authority after 
being examined.

The period of validity of the southern bluefin tuna Catch Monitoring Form shall be 
four years starting from the date of completion of the landing.

Article 46
Any distant water fisheries operator that obtains the southern bluefin tuna Catch 
Monitoring Form shall, within 60 days after the customs clearance for exportation
/distribution of catches or fisheries products is completed, fill in the Write-off 
Application Form and submit to the competent authority for write-offs with the 
enclosure of the following documents: 
(1)The document on customs clearance issued by the importing country. For catches 
exported from the Republic of China, a copy of the customs export declaration shall 
be enclosed. Catches shipped back to the Republic of China shall be exempted from 
such provisions.  
(2)The copy of sales information of catches.

In the event that the document enclosed with the application as referred to in the 
preceding paragraph is not written in Chinese or English, a Chinese translation 
shall be enclosed. For any applicant that fails to enclose the Chinese translation, 
the competent authority shall notify such applicant to supplement necessary 
documents within the required timeframe. Failing to supplement within the required 
timeframe shall be deemed as failing to apply for write-offs. 

Article 47
Provisions in the “Regulations for Issuing Distant Water Fisheries Catch 
Certificates” shall apply, mutatis mutandis, for the cancellation and re-issuance 
of southern bluefin tuna Catch Monitoring Form.

Chapter IX Supplementary Provisions
Article 48
In the event that southern bluefin tuna caught in the current fishing year is
 accidentally damaged such that it is unfit for sale, the distant water fisheries 
operator shall, within 15 days after the occurrence of the damage, notify the cause 
of damage in writing through the Tuna Association to the competent authority.

Article 49
These Regulations shall become effective on January 20, 2017.

Amendments to these Regulations shall become effective on the date of promulgation.

 
Attachments:
Data Source:MONISTRY OF AGRICULTURE Laws and Regulations Retrieving System