| Content： |
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 III-1 Catch Limits or Quotas
Article 12-1
For the purpose of these Regulations, the species with catch limit (hereinafter
referred to as “species with catch limit”) as referred to in subparagraph (7)
of Article 13, paragraph 1 of the Act means saury.
Article 12-2
The annual total catch quota of the Republic of China in the north Pacific Ocean
and the individual vessel quota of a saury fishing vessel shall be promulgated by
the competent authority in accordance with applicable conservation and management
measures.
In the event that the total catch amount of the species with catch limit has
reached 95% of the annual total catch quota as referred to in the preceding
paragraph, the competent authority may order the whole saury fishing fleet
to stop catching the concerned species by a deadline.
The period for using the quota as referred to in paragraph 1 shall be from
May 1 to December 31 of the current year.
The total remaining quota of the Republic of China in the north Pacific
Ocean may be arranged by the competent authority.
Article 12-3
The maximum for allowed annual individual vessel quota of a saury fishing
vessel shall be 4,000 metric tons.
The allowed individual vessel quota as referred to in the preceding
paragraph means the sum of the individual vessel quota granted by the
competent authority pursuant to these Regulations, the quota received from
other vessel(s), the additional quota applied for, and the premium quota;
and the quota transferred, deducted, and retrieved have been deducted.
Article 12-4
The distant water fisheries permit of the current year shall be obtained
for granting the quota of the current year to the saury fishing vessel.
For any saury fishing vessel that has not obtained the distant water
fisheries permit of the entire period for using the quota as referred to in
Article 12-2, paragraph 3, the quota shall be granted in accordance with the
percentage that the number of month(s) approved accounts for the whole
period. Notwithstanding such provision, in the event that the ownership of
any saury fishing vessel transfers and the quota used by the original distant
water fisheries operator exceeds the percentage that the number of month(s)
approved accounts for the whole period, the unused quota of such a vessel in
the current year shall be granted to the new distant water fisheries operator.
In case of any of the following circumstances, the competent authority shall
retrieve the unused quota of the saury fishing vessel concerned in the
current year:
(1)Loss of a saury fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed by the competent
authority.
(3)Revocation or withdrawal of the distant water fisheries permit imposed by
the competent authority.
Article 12-5
The catch amount of the species with catch limit for any saury fishing vessel
shall not exceed the allowed individual vessel quota for the current year.
In case of excess, the allowed annual quota of such a fishing vessel for the
following year shall be deducted accordingly.
In the event that the catch amount of the species with catch limit of any
saury fishing vessel has reached 90% of the allowed individual vessel quota,
the competent authority may order such a vessel to stop catching the
concerned species by a deadline.
Article 12-6
In case of any of the following conditions, the competent authority shall
grant the quota of the current year in accordance with the percentage that
the number of month(s) the saury fishing vessel actual fishes accounts for
the whole period as referred to in Article 12-2, paragraph 3; shall retrieve
the quota on a pro-rata basis from the saury fishing vessel which has been
granted the quota; or shall deduct the allowed annual quota for the following
year in the event that the quota of the current year is unable to be retrieved
from the vessel:
(1)The fishing license of the saury fishing vessel is suspended by the
competent authority for one month or above.
(2)The saury fishing vessel is detained in the port by foreign government.
For any saury fishing vessel that has obtained the distant water fisheries
permit of the current year but does not leave a port for fishing operation by
30 September of the current year, the competent authority shall retrieve 50%
of its allowed individual vessel quota.
Article 12-7
In the event that the following requirements are met, the allowed individual
vessel quota of a saury fishing vessel may, through the coordination of the
Squid Association which reports to the competent authority for approval, be
transferred to other fishing vessel(s):
(1)The allowed individual vessel quota of the receiving fishing vessel shall
not exceed the limit as stipulated in Article 12-3, paragraph 1 after the
transfer.
(2)Both the transferring and receiving fishing vessels shall not have been
imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in
the current year.
(3)In case that the transferring or receiving fishing vessel has been imposed
upon a fine or the suspension of the fishing license pursuant to Article 41 of
the Act in the current year, such punishment has been paid or executed
completely.
Article 12-8
Depending on the quota utilization in the current year, the competent authority
may announce the additional quota that can be applied for.
Any saury fishing vessel that meets the following requirements may apply for
the additional quota as referred to in the preceding paragraph:
(1)Its allowed individual vessel quota shall be 80% of the quota for
individual saury fishing vessel as promulgated pursuant to Article 12-2,
paragraph 1.
(2)Its saury catch amount has reached 80% of and not exceeded its allowed
individual vessel quota.
In case of any of the following circumstances, the competent authority
shall not grant the quota as referred to in paragraph 1:
(1)The catch amount of species with catch limit in the preceding year
exceeds 10% or above of the allowed individual vessel quota of that year.
(2)After granting the additional quota, the allowed individual vessel
quota exceeds the limit as stipulated in Article 12-3, paragraph 1.
The additional quota acquired in accordance with paragraph 1 shall not be
transferred.
Article 12-9
The competent authority may grant premium quota to a saury fishing vessel
which cooperates with the competent authority to carry out relevant
experiments, researches or management measures.
The premium quota as referred to in the preceding paragraph shall not
be transferred.
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 10%
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 20% 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 10% 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.
|