| Legislative： |
The full text of 14 articles promulgated on 7 October 2019 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1081337457A. |
| Content： |
Article 1
These Regulations are hereby established pursuant to Article
31, paragraph 3 of the Act for Distant Water Fisheries
(hereinafter referred to as “the Act”).
Article 2
The fishing area for fishing vessels proceeding to the Indian
Ocean for exploratory squid jigging fishery to develop new
fishing ground shall be limited to the Indian Ocean north of
20°N, and between 50°E to 68°E, but exclude the high risk area
of piracy stipulated in subparagraph (1) of Article 4, paragraph 1
of the Regulations for Tuna Longline Fishing Vessels Proceeding to
the Indian Ocean for Fishing Operation.
The maximum number of fishing vessels conducting exploratory
squird jigging fishery (hereinafter referred to as “exploratory
fishing vessels) shall be limited to ten.
Article 3
Any exploratory fishing vessel shall meet the following
requirements:
(1)A valid fishing license has been obtained with squid jigging
registered as the main fishery.
(2)The distant water fisheries operator concerned shall be a member
of the Taiwan Squid Fishery Association (hereinafter referred to as
“the Squid Association”)
Article 4
Any distant water fisheries operator applying for conducting exploratory
squid jigging fishery in the Indian Ocean shall submit an exploratory
fishing plan together with a valid fishing license of directed fishery,
and register to the Squid Association before 15 October 2019. The Squid
Association shall compile and submit applications to the competent
authority by October 20 of the current year.
The exploratory fishing plan as referred to in the preceding paragraph
shall specify the following:
(1)The fishing area and depth.
(2)The fishing period.
(3)The fishing gear, type of squid jigging machine, numbers of lines and
hooks, and type(s) of fishing lure.
(4)Species to be harvested.
(5)Method(s) for processing catch.
(6)Arrangement for unloading catch.
(7)Expected catch amount.
In the event that the number of applications as referred to in paragraph 1
exceeds the limit on vessel numbers as referred to in Article 2, paragraph
2, the Squid Association shall draw lots to decide the priority in an
equitable and impartial manner.
Article 5
A permit of exploratory squid jigging fishery in the Indian Ocean will be
issued after the application as referred to in Article 4 as well as the
exploratory fishing plan have been approved by the competent authority.
The maximum validity period of the permit shall be one year and shall not
exceed that of the fishing license.
The permit of exploratory squid jigging fishery in the Indian Ocean shall
record, both in Chinese and English, the following:
(1)The serial number;
(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 International Radio Call Sign (IRCS); and
(6)The IMO ship identification number.
Article 6
The distant water fisheries operator concerned shall implement the
exploratory fishing plan approved by the competent authority.
Article 7
Chapter III on fishing vessel markings and Chapter IV on management of
vessel position reporting in the Regulations for Fishing Vessels
Conducting Squid Jigging Fishery shall, mutatis mutandis, apply to
exploratory fishing vessels.
Article 8
In the event that any exploratory fishing vessel leaves a port, its distant
water fisheries operator or captain shall daily fill in and sign on the
logbooks designated by the competent authority, and submit to the competent
authority next day by facsimile.
The logbooks as referred to in the preceding paragraph shall filled in
completely and accurately, and where the catch amount is zero, the logbooks
shall still be filled in and submitted.
Article 20 to 24 regarding logbooks and catch reports in the Regulations for
Fishing Vessels Conducting Squid Jigging Fishery shall, mutatis mutandis,
apply to exploratory fishing vessels.
Article 9
Any exploratory fishing vessel intending to land in a port shall land only in
Chienchen Fishing Harbor and Siaogang Fishing Harbor in Kaohsiung City.
Any exploratory fishing vessel intending to land in a port of Mainland China
shall do so only in the designated ports stipulated in the Regulations on
Permission and the Management of Fishing Vessels Sailing to Mainland China.
Any carrier vessel of the Republic of China intending to transship catch from
an exploratory fishing vessel shall obtain the distant water fisheries permit.
Any foreign carrier vessel intending to transship catch from an exploratory
fishing vessel shall obtain the operation permit from the flag State concerned
and be installed with the automatic location communicator (ALC) which meets the
standards specified by the competent authority, and at least one vessel position
shall be hourly sent to the commissioned professional institution.
Article 26, paragraph 1; Article 28 to 36; Article 37, paragraph 1 and 2 as well
as Appendix 7; Article 38 and 39 regarding the permission and management of
transshipment or landing in the Regulations for Fishing Vessels Conducting Squid
Jigging Fishery shall, mutatis mutandis, apply to exploratory fishing vessels
and carrier vessels.
Article 10
Chapter VII on observation or inspection during fishing operations in the
Regulations for Fishing Vessels Conducting Squid Jigging Fishery shall, mutatis
mutandis, apply to exploratory fishing vessels.
Article 11
Any exploratory fishing vessel shall not dispose any type of plastic trash or
discharge any oil on the sea.
Article 12
In case of any of the following circumstances, the competent authority shall
revoke the permit of exploratory squid jigging fishery in the Indian Ocean:
(1)Fishing operation is conducted with the fishing gear not specified in the
exploratory fishing plan approved by the competent authority.
(2)Any of the serious infringement stipulated in Article 13, paragraph 1 of
the Act is committed.
Article 13
The distant water fisheries operator concerned shall, within 30 days after
the permitted period of exploratory squid jigging fishery in the Indian Ocean
has expired, submit a report to the competent authority in accordance with the
approved exploratory fishing plan. The competent authority may grant 1 million
New Taiwan Dollars to the exploratory fishing vessel as incentive.
The incentive shall not be granted in case of any of the following circumstances:
(1)The actual fishing period in the permitted fishing area of the exploratory
fishing vessel is less than 30 days.
(2)Any circumstances stipulated in Article 12 is conducted or committed.
(3)The report as referred to in the preceding paragraph is not submitted or is
submitted after the required timeframe.
Article 14
These Regulations shall become effective on the date of promulgation.
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