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Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 6, 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)“North Pacific Ocean” means 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 (as shown in Appendix 1).
(2)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).
(3)“Carrier vessel” means the following vessels that conduct the
transshipment of catches from saury 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.
(4)“Processing vessel” means any vessel that transfers saury catches
from saury fishing vessel(s) to itself for processing onboard.
(5)“Auxiliary carrier vessel” means any vessel that transships saury
catches from saury fishing vessel(s) to itself and transports to a
processing vessel to which it belongs to.
Article 3
Any fishing vessels proceeding to the north Pacific Ocean to catch saury
(hereinafter referred to as “saury fishing vessel”) shall be limited
to a fishing vessel with the squid jigging registered as the main fishery
on its fishing license that part-time engages in saury stick-held net
fishery .
Article 4
For any saury 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 the
north Pacific Ocean in the following year shall fill in the application
form (format 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 shall 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.
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 November 30 of the current year. The Squid Association
shall compile and submit applications to the competent authority by
December 15 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 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 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 saury 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.
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 straboard 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 saury 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 saury fishing vessel shall be released when caught alive or discarded dead,
and the number(s) be duly recorded in the logbooks or E-logbook system.
Article 21
Except for saury caught by saury fishing vessels which shall be retained in full
and shall not be discarded, any fish species of no economic value or no utilizing
value shall be released immediately, and the number(s) discarded shall be duly
recorded in the logbooks or the E-logbook system.
Article 22
In case of bycatch of sharks by any saury 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 or the
E-logbook system.
Article 23
The E-logbook data or the logbook(s) submitted 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 saury 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.
For transshipping saury catches from a suary fishing vessel to a processing vessel
or an auxiliary vessel, the transshipment amount recorded in the Transshipment
Declaration shall be deemed as the actual landing amount.
Chapter VI The Designation and Management of Ports for Transshipment or Landing
Article 25
Any saury fishing vessel intending to conduct transshipment or landing at foreign
ports shall be limited to Busan, Korea.
Any saury 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 intending to transship catches from any saury fishing vessel
shall meet any of the following requirements:
(1) It is a carrier vessel of the Republic of China and has obtained the
distant water fisheries permit; or
(2) It is a foreign carrier vessel listed on the list of authorized vessels
of the North Pacific Fisheries Commission, and installed with the ALC which meets
the standards specified by the competent authority, and reports its position
hourly to the commissioned professional institution.
Any processing vessel and auxiliary vessel that receives catches of saury fishing
vessel(s) shall be listed on the list of authorized vessels of the North Pacific
Fisheries Commission.
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 list of the North
Pacific Fisheries Commission, or any fishing vessel that has altered its name or
registration number.
Article 28
In case of any of the following circumstances, the competent authority shall list
the foreign carrier vessel concerned which transships catches from saury 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.
In case that any foreign processing vessel or auxiliary carrier vessel that
transships catches of saury fishing vessel(s) violates any provision regarding
transshipment or landing, the competent authority shall list such vessel on the
non-cooperative processing vessels or auxiliary carrier vessels list.
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 saury fishing vessel for the first time in the
current year.
In case of any addition to the list of saury fishing vessel(s) in the transshipment
plan approved 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 saury 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 saury fishing vessel and carrier vessel that intends to conduct transshipment
shall respectively apply for the approval from the competent authority before the
transshipment.
The approval from the competent authority shall be obtained for any saury fishing
vessel that intends to transship its catch to any processing vessel or auxiliary
carrier vessel.
Any distant water fisheries operator or captain applying for the approval as
referred to in the preceding two paragraphs 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 saury fishing vessel, carrier vessel, processing vessel, or auxiliary
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 saury
fishing 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 saury 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 saury 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 saury fishing vessel and fill in the transshipment declaration (format
as shown in Appendix 6).
The distant water fisheries operator or the captain of any saury 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 saury fishing vessel and the carrier vessel
are of the Republic of China, submission of the transshipment declaration by the
distant water fisheries operator or the captain of the carrier vessel may be
waived.
Article 36
For any saury 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 saury 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 saury fishing vessel with the catch subsequently
being transported by commissioning a container vessel, the distant water fisheries
operator or the captain of such saury fishing 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 saury 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 saury 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
saury fishing vessel concerned shall apply for the change of the date of landing and
obtain the approval from the competent authority before conducting the landing.
For a saury 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 saury 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 saury fishing 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 saury fishing vessel, the following person(s)
shall fill in and submit to the competent authority the Landing Declaration (format
as shown in Appendix 7), by the prescribed deadline:
(1)For the landing conducted by a saury 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 saury fishing vessel with the catch subsequently
being transported by commissioning a container vessel, the distant water fisheries
operator of such saury fishing 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 saury 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 saury 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.
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 saury 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 saury 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
Article43
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
Cartons for packing saury shall be marked with the date of harvesting the catch in
an appropriate manner.
Article 48
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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