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Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 2,
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3
; and Article 24, paragraph 2 of the Act for Distant Water
Fisheries (hereinafter referred to as “the Act”).
Article 2
Terms used in these Regulations are defined as follows:
(1)“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).
(2)“Carrier vessel” means the following vessels that conduct
the transshipment of catches from squid jigginh fishing
vessel(s) to itself and transports to ports:
i.‘Carrier vessel of the Republic of China’ refers to the
carrier vessel which has the fishing license of the Republic
of China.
ii.‘Foreign carrier vessel’ refers to the carrier vessel,
excluding container vessel, which has the valid nationality
certificate of the flag State of a foreign country.
Article 3
Any distant water fishing vessel conducting squid jigging
fishery (hereinafter referred to as “squid jigging fishing
vessel”) shall be limited to a fishing vessel with the squid
jigging registered as the main fishery on its fishing license.
Article 4
Fishing areas for squid jigging fishing vessels are divided
as follows (as shown in Appendix1):
(1)North Pacific Ocean fishing area: the waters of the north
Pacific Ocean north of a line extending east along the 20°N
from the 140°E to the intersection with the 110°W, and the
waters of a line extending east along the 10°N from the 180°
meridian to the intersection with the 140°W.
(2)Eastern Pacific Ocean fishing area: the waters of Pacific
Ocean east of 150°W, south of 10°N, and west of 70°W.
(3)Southwestern Atlantic Ocean fishing area: the waters of the
Atlantic Ocean south of 35°S, west of 50°W, and east of 70°W.
Squid jigging fishing vessels shall fish only within the
fishing area(s) permitted by the competent authority.
For any squid jigging fishing vessel navigating through the
water under national jurisdiction of any foreign country,
all fishing equipment on board shall be stowed and secured,
and such vessel shall not conduct activities such as
arrangement of fishing gears or fishing, except that it has
engaged in fisheries cooperation with the foreign country
concerned.
Chapter II Application and Issuance of the Distant Water
Fisheries Permit
Article 5
Any distant water fisheries operator intending to apply for
the distant water fisheries permit(s) for his/her fishing
vessel(s) to fish in each fishing area in the following year
shall fill in the application form (formats as shown in
Appendix 2) and submit it with the following documents:
(1)A copy of the valid fishing license which shall contain the
International Maritime Organization (IMO) ship identification
number.
(2)The following color photographs of the fishing vessel no
older than five years and the electronic files. The photos
should clearly show the Chinese/English name of the vessel and
its international radio call sign (IRCS) and the size shall
not be smaller than 12 cm by 7 cm:
i.One photo that shows the complete length and structural
characteristics of the starboard side of the vessel;
ii.One photo that shows the complete length and structural
characteristics of the portside of the vessel; and
iii.One photo of the stern of the vessel taken directly from
behind the vessel.
(3)The document certified by the commissioned professional
institution that the automatic location communicator (ALC)
on board the fishing vessel can regularly and normally
transmit vessel positions.
(4)The document certified by the commissioned professional
institution that the electronic logbook (E-logbook) system
on board the fishing vessel can normally transmit catch data.
The fishing area shall be selected in accordance with Article
4 for any squid jigging fishing vessel while filling in the
application form. Multiple fishing areas may be applied.
Article 6
Any distant water fisheries operator intending to apply for
the distant water fisheries permit for the following year
shall enclose the required documents as stipulated in
Article 5 and shall register to the Taiwan Squid Fishery
Association (hereinafter referred to as “the Squid
Association”) by October 15 of the current year. The Squid
Association shall compile and submit applications to the
competent authority by October 31 of the current year.
Article 7
In case of any of the following conditions, the distant
water fisheries operator may submit the documents prescribed
in Article 5, paragraph 1 and apply for the distant water
fisheries permit to the competent authority, notwithstanding
the application procedures and deadline prescribed in Article
6:
(1)The distant water fisheries operator of a fishing vessel
has changed.
(2)The distant water fisheries operator has obtained the
fishing license for the chartered fishing vessel;
(3)The distant water fisheries operator has obtained the
fishing license for the newly-built fishing vessel;
(4)The distant water fisheries operator who resumes the
operation after the suspension of the operation authorized
pursuant to Article 11 of the Fisheries Act has expired;
(5)The distant water fisheries operator applies for the
renewal of the expired fishing license;
(6)The suspension of the fishing license has been executed
completely or the fine imposed has been paid up; or
(7)Addition of fishing area(s) for a carrier vessel which
has obtained the distant water fisheries permit of the
current year.
Article 8
A certificate of distant water fisheries permit will be
issued to the application approved by the competent authority.
The maximum period of validity of the permit shall be one year,
and shall not exceed that of the fishing license.
The certificate of distant water fisheries permit shall record,
both in Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, gross tonnage (GT), length overall (LOA)
and fisheries type of the fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, fishing area(s), and fishing
period;
(5)The IRCS; and
(6)The IMO ship identification number.
The distant water fisheries operator shall place onboard the
fishing vessel a copy of the valid distant water fisheries permit
in case of inspection.
Article 9
For any fishing vessel permitted to conduct squid jigging fishery
whose information recorded on the application is changed or whose
external characteristic(s) differs from the photo(s) of the vessel
submitted, the distant water fisheries operator shall provide,
within three working days after such change, the Squid Association
with the new vessel information or new photos. The Squid Association
shall submit such information/photos to the competent authority within
three working days following the receipt.
Article 9-1
Any distant water fisheries operator of squid jigging fishing vessel
that has obtained the distant water fisheries permit may at any time
register to the Squid Association for applying to the competent
authority for new fishing area(s).
Chapter III Fishing Vessel Markings
Article 10
Fishing vessels shall be marked with vessel markings, including, at
least, the Chinese and English vessel name, name of registry port, CT
numbers and IRCS. The characters and the edges of characters shall
maintain clear and identifiable at all times.
Where fishing vessels are fishing or berthing at ports, the IRCS shall
be displayed clearly identifiable for the sighting by other vessels
from the water surface or airplanes from the air.
Article 11
The IRCS of a fishing vessel is its radio call sign.
Vessel markings shall be painted with marine coating. Characters of
the Chinese vessel name shall be block letters, and the numbers may
be Arabic numerals. Characters of the English vessel name, CT numbers
and the IRCS shall be capital letters and Arabic numerals. The height,
width, and colors of characters shall meet the specifications as shown
in Appendix 3.
Article 12
Vessel markings shall be placed in accordance with the following:
(1)The Chinese vessel name shall be placed on the port bow and the
starboard bow, and the center of stern or port quarter or starboard
quarter, where the vessel name is clearly visible.
(2)The English vessel name shall be placed on the port bow and the
starboard bow, and the center of stern or port quarter or starboard
quarter, under the Chinese vessel name.
(3)The CT numbers shall be placed on the port bow and the starboard
bow, under the English vessel name.
(4)The IRCS shall be placed above the waterline on both sides of any
fishing vessels and on a deck where the IRCS is not obscured by
fishing gear(s), and shall be clear of the bow, stern, discharge or
areas which might be prone to damage or discoloration. In case that
the lowest edge of characters is under the waterline when the fish
holds are full, the IRCS shall be placed on the fishing vessel’s
superstructure.
Chapter IV Management of Vessel Position Reporting
Article 13
The ALC on board shall be maintained functional at all time, whether
at sea or in port.
The ALC on board any fishing vessel shall automatically transmit at
least one vessel position in every hour.
Fees for the services and communications of the ALC shall be borne by
distant water fisheries operators.
Except for the purpose of repair or replacement approved by the competent
authority, any ALC which has been installed on board and has transmitted
a vessel position shall not be removed from the fishing vessel.
Article 14
In case that a fishing vessel needs to stay in a domestic port for three
days and above; or in a foreign port for dry docking; or in a foreign
port for seven days and above, its distant water fisheries operator may
apply to the competent authority with documentary proof for switching
off the ALC, which may only be switched off after obtaining approval.
In the case of a fishing vessel applying for switching off the ALC during
its stay in a foreign port for the purposes except for dry docking, a
photograph showing the berthing of such fishing vessel shall be provided
weekly. The competent authority may order to switch on the ALC concerned
in case of failing to provide the photograph in due course.
The period of switching off the ALC as approved in accordance with paragraph
1 shall not exceed six months for each application. Extension may be applied
by the distant water fisheries operator concerned in accordance with the
preceding provision before the period is expired.
Any fishing vessel shall not leave the port during the period of switching
off the ALC.
In the event that the ALC onboard is rebooted, the fishing vessel may only
leave the port after the commissioned professional institution has confirmed
that such ALC can regularly and normally transmit vessel positions.
Article 15
Any fishing vessel shall carry at least one spare set of ALC on board.
In case that the identification number of ALC on board has been changed,
the distant water fisheries operator shall notify the competent authority
or the commissioned professional institution in writing.
Article 16
The ALC is deemed as signal-lost in the event that the commissioned
professional institution has not received positions automatically
transmitted by the ALC twice consecutively. In the event that the ALC
is signal-lost for three consecutive days, it is deemed as malfunction.
The malfunctioning ALC shall be repaired no later than 30 days.
In the event that the ALC on board is signal-lost or mal-functional,
the distant water fisheries operator or the captain shall immediately
send information related to vessel positions by facsimile to the
commissioned professional institution. The vessel positions shall be
recorded by automatic recording satellite navigator for perusal in later
days.
The transmit of vessel positions as referred to in the preceding paragraph
shall be hourly for any fishing vessel.
In the event that the ALC on board is mal-functional, the competent
authority shall be notified of using the spare set. In case that the spare
set is also mal-functional, the spare set from other fishing vessel may be
deployed after obtaining the competent authority’s approval.
Article 17
In the event that the ALC onboard is deemed as signal-lost for an
accumulative period of five days and above during one fishing trip, the
competent authority may order such fishing vessel to stop fishing
immediately and directly navigate to a designated port within the required
timeframe for repair and inspection(s) conducted by personnel dispatched by
the competent authority, and such vessel shall not leave the port until the
commissioned professional institution has confirmed that such ALC can
regularly and normally transmit vessel positions.
Any expense incurred from port return, port entry and confirmation of
position transmitting as referred to in the preceding paragraph shall be
borne by the distant water fisheries operator.
Article 17-1
For any fishing vessel that is not within the water under the national
jurisdiction of the Republic of China and without a valid distant water
fisheries permit, it shall still maintain its ALC operational year-round,
and Article 13 to 17 shall apply to such vessel.
Chapter V Logbooks and Catch Reports
Article 18
In the event that any squid jigging fishing vessel leaves a port, its
captain shall daily report catch data through the E-logbook system
designated by the competent authority, and shall also fill in the logbooks
designated by the competent authority by fishery types. Catch reports shall
be filled in completely and accurately, and where the catch amount is zero,
catch reports shall be filled in as well.
In case that there is any discrepancy between any datum recorded in the
E-logbook system and the logbook, the datum recorded in the E-logbook
system shall prevail.
Article 19
In case that the E-logbook system fails to report catch data on the day, the
distant water fisheries operator or the captain shall transmit catch data via
facsimile to the competent authority or the commissioned professional
institution next day. Such catch data shall be signed by the distant water
fisheries operator or the captain.
In the event that the E-logbook system fails to report catch data for three
consecutive days, it is deemed as mal-function. The malfunctioning E-logbook
system shall be repaired no later than 30 days.
In the event that the E-logbook system onboard is deemed as mal-functional for
an accumulative period of 15 days and above during one fishing trip, the
competent authority may order such fishing vessel to stop fishing immediately
and directly navigate to a designated port within the required timeframe for
repair and inspection(s) conducted by the personnel dispatched by the competent
authority, and the vessel shall not leave the port until the commissioned
professional institution has confirmed that such E-logbook system can normally
transmit data.
Any expense incurred from port return, port entry and confirmation of the
E-logbook system as referred to in the preceding paragraph shall be borne by
the distant water fisheries operator.
Article 20
Any salmon, trout, sea turtle, seabird, whale shark, cetacean, penguin or
other prohibited species promulgated by the competent authority incidentally
caught by any squid jigging fishing vessel shall be released when caught
alive or discarded dead, and the number(s) be duly recorded in the logbooks
and E-logbook system.
Article 21
Any fish species of no economic value or no utilizing value caught by any
squid jigging fishing vessel shall be released immediately, and the number(s)
discarded shall be duly recorded in the logbooks and E-logbook system.
Article 22
In case of bycatch of sharks by any squid jigging fishing vessel, fins shall
not be fully cut off and shall be naturally attached to carcasses for the
disposal of shark fins, and the number(s) of sharks shall be duly recorded
in the logbooks and the E-logbook system.
Article 23
The datum reported through the E-logbook system shall not be altered or
amended, unless there is apparent error with the content and the competent
authority has approved.
Article 24
The discrepancy between the catch amount recorded in the E-logbook during one
fishing trip of any squid jigging fishing vessel and the actual landing amount
shall not exceed 20% of the actual landing amount.
In the event that the discrepancy between the catch amount recorded in the
E-logbook and the actual landing amount exceeds 50% of the actual landing
amount, it shall be defined as “seriously misreporting” as referred to in
subparagraph (12) of Article 13, paragraph 1 of the Act.
Chapter VI The Designation and Management of Ports for Transshipment or
Landing
Article 25
Any squid jigging fishing vessel intending to conduct transshipment or
landing at foreign ports shall be limited to the following ports:
(1)Eastern Pacific Ocean fishing area: Callao, Peru.
(2)North Pacific Ocean fishing area: Busan, Korea.
(3)Southwestern Atlantic Ocean fishing area: Montevideo, Uruguay; and Port
Stanley, Falkland Islands.
Any squid jigging fishing vessel intending to conduct landing at domestic
ports shall be limited to Chienchen Fishing Harbor and Siaogang Fishing Harbor
in Kaohsiung City.
Any fishing vessel intending to conduct landing in mainland China shall be
limited to the designated ports stipulated in the Regulations on Permission
and the Management of Fishing Vessels Sailing to Mainland China.
Article 26
Any carrier vessel of the Republic of China that intends to transship catches
from squid jigging fishing vessel(s) shall obtain the distant water fisheries
permit.
Any foreign carrier vessel intending to transship catches from squid jigging
fishing vessel(s) shall be installed with the ALC which meets the standards
specified by the competent authority, report its position hourly to the
commissioned professional institution, and meet the following requirements:
(1)Any foreign carrier vessel intending to transship catches from squid
jigging fishing vessel(s) of the eastern Pacific Ocean fishing area shall be
listed on the list of authorized vessels of the South Pacific Regional
Fisheries Management Organization.
(2)Any foreign carrier vessel intending to transship catches from squid
jigging fishing vessel(s) of the north Pacific Ocean fishing area shall be
listed on the record of vessels of the North Pacific Fisheries Commission.
(3)Any foreign carrier vessel intending to transship catches from squid
jigging fishing vessel(s) of the southwestern Atlantic Ocean fishing area
shall obtain the operation permit from the flag State concerned.
Article 27
Any carrier vessel of the Republic of China shall not transship with, refuel
or supply any fishing vessel not listed on the authorized vessels lists of
the North Pacific Fisheries Commission or the South Pacific Regional
Fisheries Management Organization, or any fishing vessel that has altered
its name or registration number.
For any fishing vessel intending to engage in supplying or refueling with
other vessel(s) in the Convention Area of the South Pacific Regional Fisheries
Management Organization, it can engage in such activities only with vessel(s)
listed on the authorized vessels list of the South Pacific Regional Fisheries
Management Organization.
Article 28
In case of any of the following circumstances, the competent authority shall
list the foreign carrier vessel concerned which transships catches from squid
jigging fishing vessel(s) on the non-cooperative carriers list:
(1)The foreign carrier vessel has violated any provision regarding vessel
position reporting; or
(2)The foreign carrier vessel has violated any provision regarding
transshipment or landing.
Article 29
For any carrier vessel intending to transship at sea, the distant water
fisheries operator shall submit the transshipment plan and relevant
information (as shown in Appendix 4) and apply to the competent authority
five days before the transshipment at sea for approval. In case that the
last day for filing the application is a national holiday, the application
shall be made on the working day before the national holiday.
Any foreign carrier vessel shall, with the enclosure of relevant information
as shown in Appendix 4, apply to the competent authority for approval before
conducting the transshipment in port with any squid jigging fishing vessel
for the first time in the current year.
In case of any addition to the list of squid jigging fishing vessel(s) in the
transshipment plan authorized by the competent authority, the application shall
be submitted three working days before making such addition to the competent
authority for approval. The transshipment with the concerned squid jigging
fishing vessel(s) may only be conducted after the approval has been granted.
Any application submitted after the prescribed deadline shall be denied.
Article 30
In case of any of the following circumstances, the application of transshipment
plan made in accordance with Article 29 shall be denied:
(1)The carrier vessel concerned does not meet the requirements stipulated in
Article 26;
(2)Three years have not passed since the carrier vessel concerned was listed
on the non-cooperative carriers list; or
(3)The fine for violating the Act imposed on the carrier vessel concerned has
not been paid completely.
Article 31
Any squid jigging fishing vessel and carrier vessel that intends to conduct
transshipment shall respectively apply for the approval from the competent
authority before the transshipment.
Any distant water fisheries operator or captain applying for the approval as
referred to in the preceding paragraph shall fill in the Transshipment
Notification (format as shown in Appendix 5) and submit it to the competent
authority no later than three days before the estimated date for transshipment.
In case that the last day for filing the application is a national holiday, the
application shall be made on the working day before the national holiday.
Fishing vessels approved by the competent authority to conduct transshipment may
transship the catch on the approved date, within three days before the approved
date, or within five days after the approved date. Notwithstanding such provision,
the actual transshipment date shall not be within two days after the application
date.
For any transshipment to be conducted not within the approved period as referred
to in the preceding paragraph, the distant water fisheries operator or the captain
concerned shall apply for the change of the date for transshipment and obtain the
approval from the competent authority before conducting the transshipment.
Article 32
For any squid jigging fishing vessel or carrier vessel that is under any of the
following circumstances during the current fishing trip, the competent authority
shall not authorize such vessel to transship at sea:
(1)The ALC on board is mal-functional and has not been repaired.
(2)There is concrete evidence to identify such vessel has involved in any serious
infringement as prescribed in subparagraph (4) to (14) or (18) of Article 13,
paragraph 1 of the Act.
(3)The discrepancy between the amount to be transshipped and the catch amount
reported through the E-logbook system exceeds 20% of the latter.
In case that, for the catches to be transshipped, it is suspected that the squid
jigging vessel or carrier vessel concerned has operated within the water under the
jurisdiction of any other country without valid authorization, the competent
authority may not authorize such vessel to transship at sea.
Article 33
In the event that the catch of any squid jigging fishing vessel has been landed in
a port and is subsequently transported by a carrier vessel for port departure, it
shall be deemed as transshipment, and Article 31 shall apply.
Article 34
The squid jigging fishing vessel or carrier vessel which obtains the approval to
transship pursuant to Article 31 shall not conduct the transshipment in the event
that the ALC on board is signal-lost and has not been repaired.
Article 35
For any carrier vessel that receives catches, it shall separate catches from each
individual squid jigging fishing vessel and fill in the transshipment declaration
(format as shown in Appendix 6).
The distant water fisheries operator or the captain of any squid jigging fishing
vessel and carrier vessel shall, within three working days after the completion of
transshipment, respectively submit the transshipment declaration to the competent
authority. In the event that both the squid jigging fishing vessel and the carrier
vessel are of the Republic of China, submission of the transshipment declaration
from the distant water fisheries operator or captain of such carrier vessel may be
waived.
Article36
For any squid jigging fishing vessel landing its catch in a domestic or foreign port,
the following person(s) shall fill in the Advance Notice of Landing (format as shown
in Appendix 7), and submit it to the competent authority for approval by the following
deadline; and in case that the last day for filing the application is a national
holiday, the application shall be made on the working day before the national holiday:
(1)For the landing conducted by a squid jigging fishing vessel, its distant water
fisheries operator or captain shall submit it no later than three days before the
estimated date for landing.
(2)For the landing conducted by a squid jigging fishing vessel with the catch
subsequently being transported by commissioning a container vessel, the distant water
fisheries operator or the captain of such squid jigging vessel shall submit it no
later than three days before the estimated date for landing.
(3)For the landing conducted by a carrier vessel, the distant water fisheries
operator of a squid jigging fishing vessel shall submit it no later than three days
before the estimated date for landing.
(4)For the landing conducted by a carrier vessel with the catch subsequently being
transported by commissioning a container vessel, the distant water fisheries operator
of a squid jigging fishing vessel shall submit it no later than three days before the
estimated date for landing.
Fishing vessels approved by the competent authority to conduct landing may land the
catch on the approved date or within three days after the approved date.
For any landing to be conducted not within the period as referred to in the preceding
paragraph, the distant water fisheries operator or the captain of the squid jigging
fishing vessel concerned shall apply for the change of the date for landing and obtain
the approval from the competent authority before conducting the landing.
For a squid jigging fishing vessel which has been approved by the competent authority
to land at a domestic port, its distant water fisheries operator or captain may change
to land at other domestic port before the landing, and shall only conduct landing
after the competent approves such change.
For any squid jigging fishing vessel whose catch is landed at a foreign port and
transported to a domestic port by a container vessel, the distant water fisheries
operator of such squid jigging vessel shall, no later than three days before the
container vessel’s port entry, notify the competent authority of the time for port
entry and the name of the port.
Fishing vessels may only apply for navigating from the fishing area to the port(s)
of Mainland China for landing in accordance with paragraph 1 after the completion of
fishing operations in the current year, and shall not load any object from the
Mainland China.
Article 37
Upon the completion of landing of any squid jigging fishing vessel, the following
person(s) shall fill in and submit to the competent authority the Landing
Declaration (format as shown in Appendix 7 for the north Pacific Ocean fishing
area and southwestern Atlantic Ocean fishing area; Appendix 8 for the eastern
Pacific fishing area), by the prescribed deadline:
(1)For the landing conducted by a squid jigging fishing vessel, its distant
water fisheries operator or captain shall submit the Declaration within five
working days after the completion of landing.
(2)For the landing conducted by a squid jigging fishing vessel with the catch
subsequently being transported by commissioning a container vessel, the distant
water fisheries operator of such squid jigging vessel shall submit the
Declaration within five working days after the container(s) containing such
catch unloads and completes customs clearance.
(3)For the landing conducted by a carrier vessel, the distant water fisheries
operator of a squid jigging fishing vessel shall submit the Declaration within
five working days after the completion of landing by the carrier vessel.
(4)For the landing conducted by a carrier vessel with the catch subsequently
being transported by commissioning a container vessel, the distant water
fisheries operator of a squid jigging fishing vessel shall submit the Declaration
within five working days after the container(s) containing such catch unloads
and completes customs clearance.
The term “completion of landing” as referred to in these Regulations means the
whole weighing process has been completed for the catch landed at a port.
For catch from the eastern Pacific Ocean fishing area transshipped by
commissioning any carrier vessel, the distant water fisheries operator or the
captain of such carrier vessel shall submit the Eastern Pacific Ocean Carrier
Vessel Landing Declaration (as shown in Appendix 9) to the competent authority
within five working days following the completion of landing of all the
commissioned catches from the squid jigging fishing vessel(s).
Article 38
The distant water fisheries operator and captain of any fishing vessel shall
accept port inspections conducted by the competent authority or the independent
third party for the verification of the catch landed or transshipped.
The distant water fisheries operator or captain of any fishing vessel that is
designated by the competent authority to be inspected shall comply with the
following:
(1)For inspections conducted by the competent authority, the landing or
transshipment shall be started only after the person(s) of the competent
authority has arrived.
(2)For inspections conducted by the independent third party, the contact with
the independent third party shall be made, and the landing and transshipment
shall be started only after the person(s) of the independent third party has
arrived.
Article 39
The distant water fisheries operator of any squid jigging fishing vessel shall,
within 60 days after the completion of sale or landing, submit sales or inventory
information to the competent authority. The sales information shall at least
include buyer(s), fish species and quantities.
Chapter VII Observation or Inspection during Fishing Operations
Article 40
The distant water fisheries operator of any fishing vessel that receives the
observer dispatched by the competent authority, 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 intended port entry or departure.
(2)To embark and disembark the observer at the time and place informed by the
competent authority.
(3)To provide the observer, while onboard the vessel, with food, accommodation,
adequate sanitary amenities, and medical facilities of a reasonable standard
equivalent to those normally available to an officer onboard the vessel.
(4)To instruct the captain and crew of the vessel matters related to the
cooperation with or assisting the observer in carrying out the duties.
Article 41
The captain of any fishing vessel that receives the observer dispatched by the
competent authority, 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 the preceding three subparagraphs.
(7)The captain shall sign on the record(s) of observation written by the observer.
In case there are different views on the record(s) of the observer, captain’s
opinions may be added.
(8)The captain shall ensure the safety of the observer. In case of emergency or
distress, special care and refuge shall be provided to the observer.
Article 42
In the event of boarding and inspection conducted by the inspector(s) dispatched
by the competent authority, any foreign country with which the fisheries
cooperation is engaged, or any international fisheries organization, any captain
and crew of the inspected vessel shall cooperate with, facilitate the safe
boarding and disembarkation of the inspector(s), and provide the inspector(s)
with adequate space, facilities and equipment for carrying out the duties.
Chapter VIII Special Management Measures for High Risk Fishing Vessels
Article 43
Matters related to the management of high risk fishing vessels categorized by the
competent authority shall be governed by this Chapter. Matters not stipulated in
this Chapter shall be governed by these Regulations.
Article 44
Any distant water fisheries operator of the high risk fishing vessels shall,
starting from the date that the competent authority informs the distant water
fisheries operator of such vessel, comply with the special management measures
as follows:
(1)Any high risk fishing vessel shall not engage in fisheries cooperation by
means of being chartered to any foreigner.
(2)For each fishing trip of such vessel, the observer dispatched by the
competent authority shall be carried on board, or the functional electronic
monitoring equipment shall be installed on board before leaving a port. For
such vessel that has carried on board the observer who meets the requirement
of the international fisheries organization(s), it shall be exempted.
(3)Vessel positions shall be transmitted in accordance with Chapter VI.
(4)Catch reports shall be conducted in accordance with provisions stipulated in
Chapter V.
(5)Such vessel shall not conduct at-sea transshipment.
(6)For transshipment in port, the Transshipment Notification shall be filled in
to apply for the approval of the competent authority, no later than seven days
before the estimated date for transshipment.
(7)For landing in port, the Advance Notice of Landing shall be filled in to apply
for the approval of the competent authority, no later than seven days before the
estimated date for landing.
(8)In case of transshipment or landing in port, inspections shall be conducted by
the competent authority or the independent third party.
Article 45
In the event that any high risk fishing vessel does not violate any regulation for
one year starting from the date of being listed as high risk fishing vessel, such
vessel shall be de-listed and exempted from the special management measures.
Chapter IX Supplemental Provisions
Article 46
To prevent harming marine living species, any fishing vessel shall not dispose any
type of plastic trash or discharge any oil on the sea.
Article 47
These Regulations shall become effective on January 20, 2017.
Amendments to these Regulations shall become effective on the date of promulgation.
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