| Legislative： |
The full text established and promulgated on 5 March 2014 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1031332616.
Article 20 amended on 5 May 2014 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu
1031333908A.
Article 14, 15, 18, 20, and Attached Figure of Article 2
amended on 30 March 2014 by the Council of Agriculture,
Executive Yuan under Order No. Nung-yu-tzu 10413335174A.
Article 14 and 18 amended on 18 April 2018 by the Council
of Agriculture, Executive Yuan under Order No. Nung-yu-tzu
1071333786.
Article 9 and 14 amended on 10 June 2019 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu
1081334959. |
| Content： |
Article 1
These Regulations are hereby established pursuant to
Article 37, subparagraph (3) and Article 54, subparagraph
(5) of the Fisheries Act (hereinafter referred to as “
the Act”).
Article 2
The maritime area subject to the Fisheries Agreement between
Taiwan and Japan (hereinafter referred to as “Taiwan-Japan
Area”) as referred to in these Regulations is shown in the
Attached Figure, which comprises waters where the other
party’s laws are not applicable and a special cooperation
zone.
Article 3
Any longline fishing vessel shall not operate in the
Taiwan-Japan Area without a permit.
Article 4
Any longline fishing vessel that intends to operate in the
Taiwan-Japan Area shall install an automatic location
communicator.
Article 5
Any fishery operator who intends to apply for a permit to
operate in the Taiwan-Japan Area shall complete and submit an
application form, together with the following documents, to
the Suao Fishermen’s Association, which shall submit the
compiled applications to the central competent authority:
(1)A copy of valid fishing license for directed fishery.
(2)A certificate issued by the Overseas Fisheries Development
Council of the Republic of China verifying that the automatic
location communicator installed on board the vessel has been
tested and proven to be capable of automatically reporting
its positions hourly.
(3)A document proving that the cost of communications of the
automatic location communicator has been paid.
(4)A document proving that the regional fishermen association
to which the fishery operator belongs consents to provide
assistance in handling marine accidents such as collision.
For the application as referred to in the preceding paragraph,
the fishery operator shall submit his or her application before
15 March every year. The Suao Fishermen’s Association shall
make and submit a register of applications to the central
competent authority before 31 March every year.
However, the application deadline for 2014 is extended to 31
March, and the Suao Fishermen’s Association shall submit the
register of applications before 15 April 2014.
Article 6
For any application made in accordance with Article 5 that has
been approved by the central competent authority, a permit to
operate in the Taiwan-Japan Area shall be issued. The validity
period of the permit shall be up to one year, but shall not
exceed the expiry date of the fishing license.
For the purpose of managing fisheries resources or maintaining
the order of fishing operations in the Taiwan-Japan Area, the
central competent authority may promulgate restrictions on the
number or catch quantity of longline fishing vessels operating
in the Taiwan-Japan Area and publish such restrictions on the
Government Gazette.
Article 7
No permit to operate in the Taiwan-Japan Area shall be issued
in the event that a longline fishing vessel is involved in any
of the following:
(1)Any of the circumstances set out in Article 7-1, subparagraph
(4) to (6) of the Act.
(2)A dispute with a Japanese fishing vessel in the Taiwan-Japan
Area that has not been resolved properly.
(3)The longline fishing vessel acquired by a fishery operator is
involved in one of the circumstances as referred to in the preceding
two subparagraphs.
Article 8
A permit to operate in the Taiwan-Japan Area shall expire upon the
expiry of its validity period. Where a fishery operator intends to
continue fishing operation in the Taiwan-Japan Area, he or she shall
make an application in accordance with Article 5.
Article 9
Any longline fishing vessel with a permit to operate in the
Taiwan-Japan Area shall maintain a functional automatic location
communicator year-round, even when it is in port.
A longline fishing vessel may leave a port only after the local unit
of the Coast Guard Administration has checked and confirmed with the
monitoring center of the fishery radio station of the regional
fishermen’s association (hereinafter referred to as “monitoring
center”) or the Fisheries Monitoring Center of the Fisheries Agency,
Council of Agriculture (hereinafter referred to as “FMC”) that the
automatic location communicator installed on board the vessel is
switched on and functional.
After a longline fishing vessel as referred to in the preceding
paragraph leaves a port, the automatic location communicator installed
on board shall automatically report vessel position(s) hourly.
Where a longline fishing vessel fails to report its position(s) normally,
the central competent authority may order the fishing vessel to return
to a port for repair within a specified timeframe, during which the
vessel shall use the telecommunication equipment on board to report its
position(s) every four hours to the monitoring center or the FMC. After
return to the port, the vessel shall not leave the port unless the
automatic location communicator installed on board is repaired.
Where there is a need to switch off the automatic location communicator
installed on board after port entry, the longline fishing vessel may do
so only after its fishery operator applies for and obtains permission
from the central competent authority.
The cost of communications of the automatic location communicator
installed on board any longline fishing vessel shall be borne by its
fishery operator.
Article 10
For the purpose of maintaining the order of fishing operations in the
Taiwan-Japan Area, the central competent authority may commission the
Suao Fishermen’s Association to conduct matters of instructing longline
fishing vessels in respect of fishing operations in the Taiwan-Japan
Area.
The Suao Fishermen’s Association shall set up teams and elect commanders
to conduct matters as referred to in the preceding paragraph.
For any longline fishing vessel operating in the Taiwan-Japan Area, its
captain shall obey instructions from commanders elected pursuant to the
preceding paragraph.
Article 11
Where any longline fishing vessel with a permit to operate in the
Taiwan-Japan Area leaves a port for fishing operation, the logbook shall
be filled in. Within three days after the vessel returns to a port, the
fishery operator or captain shall submit the logbook for that fishing
trip to the Suao Fishermen’s Association, which shall submit the said
logbooks to the central competent authority within one month of receipt.
Article 12
Any longline fishing vessel with a permit to operate in the Taiwan-Japan
Area shall be restricted to land its catch in the Nanfangao fishing port
in Ilan County, and shall not land in any other fishing port unless
otherwise permitted on a case-by-case basis.
The central competent authority may dispatch personnel to inspect landings.
The fishery operator or captain shall not refuse the inspection.
Where any longline fishing vessel with a permit to operate in the
Taiwan-Japan Area returns to a port for landing, a landing record shall be
filled in and submitted to the Suao Fishermen’s Association within seven
days after the vessel entry into port. The Suao Fishermen’s Association
shall submit the landing records received in the previous week to the
central competent authority every Monday.
Article 13
Any longline fishing vessel operating in the Taiwan-Japan Area shall comply
with the following provisions:
(1)Such vessel shall not discard any fishing gear, such as longline(s), or
pick up any fishing gear of other fishing vessel(s).
(2)Such vessel shall not sever lines entangled with the lines of another
fishing vessel unless they can be disentangled only by severing. The
longline fishing vessel which has severed the entangled lines shall be
responsible for repairing the longline gears.
(3)In case of a dispute with a Japanese fishing vessel, the captain of such
vessel shall immediately report the incident to the commanders and notify
the fishery radio station of the Suao Fishermen’s Association.
Article 14
During the period from 1 April to 31 July every year, any longline fishing
vessel operating in the water demarcated with straight lines connected
among point D, E, and F in the Attached Figure shall comply with the
following rules:
(1)For the water demarcated with the straight lines connected among point
D, M, and N, as well as the water demarcated with straight lines connected
among point E, F, P and south of 250 15' N in the Attached Figure, any
fishing vessel shall set longline(s) in the south-north direction, and the
distance between vessels shall be at least four nautical miles.
(2)For the water demarcated with the straight lines connected among point
N, M, E, and P in the Attached Figure:
i.Time of setting and hauling: any longline fishing vessel that sets
longline(s) at 00:00 midnight of Taiwan time shall complete hauling by
12:00 noon of Taiwan time. Any longline fishing vessel that sets longline(s)
at 12:00 noon of Taiwan time shall complete hauling by 00:00 midnight of
Taiwan time.
ii.Direction of setting: any longline fishing vessel shall set longline(s)
in the east-west direction. For a fishing vessel operating east of 1230 30' E
, the direction of setting shall be from the west to the east; for a fishing
vessel operating west of 1230 30' E, the direction of setting shall be from
the east to the west.
iii.Distance between sets: the distance between sets shall not exceed 30
nautical miles in the east-west direction, and shall reach at least 1
nautical mile in the south-north direction.
iv.In the event that any longline is drifted to the east of 1240 E owing to
abnormal situation, the hauling of such longline shall be immediately
conducted and the vessel shall swiftly leave such area.
Article 15
During the period from 1 May to 31 July every year, any longline fishing
vessel operating in the special cooperation zone shall comply with the
following provisions:
(1)In the waters south of 260N:
i.Time of setting and hauling: any longline fishing vessel that sets
longline(s) at 00:00 midnight of Taiwan time shall complete hauling by
12:00 noon of Taiwan time. Any longline fishing vessels that sets
longline(s) at 12:00 noon of Taiwan time shall complete hauling by 00:00
midnight of Taiwan time.
ii.Cardinal point of setting: the cardinal point of setting shall be
located at one or half degree of longitude and one minute of latitude.
iii.Fishing notification: when a longline fishing vessel arrives at its
intended fishing location, it shall use the common channel (9222 kilohertz)
to notify nearby fishing vessel(s). In the event that there is already
another vessel waiting to start fishing at the same location, the vessel of
later arrival shall search for other fishing locations
iv.Direction of setting: all longline fishing vessels shall set their
longlines in the east-west direction.
v.Distance between sets: the distance between sets shall not exceed 30
nautical miles in the east-west direction and shall reach at least 1
nautical mile in the south-north direction.
(2)In the waters north of 260N:
i.For the setting direction that is westward from the start point, the time
for start setting shall be between 4:00 a.m. and 5:00 a.m. of Taiwan time.
For the setting direction that is from west to east, the time for start
setting shall be after 19:00 p.m. of Taiwan time, and the hauling shall be
completed by 08:00 a.m. of next day. The range of longlines that are set
from west to east can be set till 125040' E. After the completion of hauling,
any longline fishing vessel shall not disturb fishing operation of other
fishing vessel(s).
ii.Distance between vessels shall be at least 4 nautical miles.
iii.Setting shall be limited to once per day.
iv.After completion of hauling, the longline fishing vessel shall return to
the start point of its previous set before the start time of next set.
v.A longline fishing vessel may start fishing only after it has confirmed
with Japanese fishing vessel(s) operating nearby that fishing can be
conducted.
Article 16
A longline fishing vessel with a permit to operate in the Taiwan-Japan Area
shall receive an observer assigned by the central competent authority to
carry out observations on board.
To facilitate an observer to carry out observations on board, the fishery
operator, captain and crew member(s) of a longline fishing vessel shall
comply with the following provisions:
(1)To embark and disembark the observer at the time and place as informed
by the central competent authority.
(2)To provide the observer, while on board the vessel, with accommodation
and medical facilities equal to those available to officers on board the
vessel as well as adequate space, equipment and data which the observer
needs for carrying out his duties.
(3)When an observer embarks on the fishing vessel, the captain shall inform
the observer of the daily routine, personal safety and vessel equipment,
and notify all crew members of the observer’s presence for the purpose of
carrying out his duties on board.
(4)To allow and assist the observer to access the communication equipment
such as satellite phone or single side band radio (SSB).
(5)To provide the logbook to the observer for verification every day.
(6)Not to interfere with the observer in recording relevant information
derived from the navigation equipment of the vessel and to provide necessary
and sufficient assistance while the observer performs his duties.
(7)To assist the observer in collecting catch samples for scientific research.
(8)Not to refuse or interfere with the observer in making inquiries and
recording matters relating to the observations on board.
(9)The captain shall sign on the data collected or the record written by the
observer in the performance of his duties. Where there is any different
opinion on the record written by the observer, the captain may add his or her
opinion to the record.
(10)The captain shall ensure the observer’s safety. In case of emergency or
distress, special care and refuge shall be given to the observer.
Article 17
While operating in the Taiwan-Japan Area, longline fishing vessels shall accept
the boarding and inspection carried out by our national patrol vessels.
Article 18
In the event of any of the following circumstances, pursuant to Article 10 of
the Act, the fishing license of the fishery operator and the certificate of
fishing vessel officer or the fishing vessel crew identification of the
fishery employees shall be subject to suspension for a period of not more than
one year; in case of a serious violation, the fishing license of fishery
operator and the certificate of fishing vessel officer or the fishing vessel
crew identification of the fishery employees may be subject to revocation:
(1)In violation of Article 3, fishing in the Taiwan-Japan Area without a
permit.
(2)In violation of any restriction on catch quantity promulgated pursuant to
Article 6, paragraph 2.
(3)Failure to report vessel position(s) in accordance with Article 9, paragraph
1.
(4)In violation of Article 9, paragraph 2, failing to have the automatic
location communicator installed on board confirmed functional before port
departure, and failing to report vessel position(s).
(5)Failure to return to a port within the specified timeframe, or leaving a port
without having the automatic location communicator repaired in accordance with
Article 9, paragraph 4.
(6)In violation of Article 9, paragraph 5, switching off the automatic location
communicator installed on board without applying for permission.
(7)In violation of Article 12, paragraph 1, 2, or 3, landing in any port other
than the designated port, refusing landing inspection(s) or failure to submit
the landing record as required.
(8)In violation of Article 13 in respect of requirements on fishing operations
in the Taiwan-Japan Area.
(9)In violation of Article 14 in respect of rules when operating in the
Taiwan-Japan Area.
(10)In violation of Article 15 in respect of time of setting and hauling, setting
direction, distance between sets, fishing notification and etc.
(11)In violation of Article 16, evading, interfering with or refusing the observer
assigned by the central competent authority to carry out observations on board and
failure to embark and disembark the observer for performance of his duties.
(12)In violation of Article 17, evading, interfering with or refusing boarding and
inspection carried out by our national patrol vessels.
Article 19
In the event of any of the following circumstances, pursuant to Article 65,
subparagraph (7) of the Act, the fishery operator or fishery employees of the
fishing vessel shall be subject to a fine of not less than NT$ 30 thousand
dollars but not more than NT$ 150 thousand dollars:
(1)In violation of Article 9, paragraph 3, failure to report vessel positions
hourly after port departure.
(2)In violation of Article 10, paragraph 3, non-compliance with the instructions
from commanders.
(3)Failure to fill in and submit the logbook, or failure to fill in the logbook
accurately in accordance with Article 11.
(4)In violation of Article 12, paragraph 3, failure to fill in the landing record
accurately.
Article 20
These Regulations shall enter into force on the date of promulgation. Article 18
and 19 established on 5 March 2014 shall enter into force on 5 May 2014.
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