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Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 37,
paragraph 1 and 3; subparagraph (9) of Article 44, paragraph 1;
and subparagraph (5) of Article 54 of the Fisheries Act
(hereinafter referred to as “the Act”).
Article 2
To conduct Pacific bluefin tuna fishing operation in the area
of the Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
(hereinafter referred to as “WCPFC Convention Area”, as
shown in Appendix 1), the provisions of these Regulations
shall be complied with.
To conduct fishing operation in the WCPFC Convention Area
excluding the internal waters, territorial seas, and exclusive
economic zone of the Republic of China (hereinafter referred
to as “waters under the jurisdiction of the Republic of
China”), the Act for Distant Water Fisheries and its related
regulations shall also be complied with.
Article 3
The annual total catch quota (unprocessed round weight,
hereinafter the same when referring to “quota” in the
following provisions) of Pacific bluefin tuna for longline
fishing vessels shall be limited to 1,679 metric tons; for
fishing vessels of directed fisheries except for the longline
fishing vessels (hereinafter referred to as “fishing vessels
of the other directed fisheries”) and the set net fishery
shall be limited to 30 metric tons.
The competent authority may, depending on the utilization of
quota, proclaim the adjustment of the annual total catch quota
of the longline fishing vessels, and fishing vessels of the
other directed fisheries and set net fishery as referred to
in the preceding paragraph.
Article 4
In the event that the accumulated catch amount of Pacific
bluefin tuna by longline fishing vessels reaches 1,550 metric
tons in one year, or the accumulated catch amount of Pacific
tuna by fishing vessels of the other directed fisheries and
the set net fishery reaches 20 metric tons in one year, the
competent authority may proclaim the deadline by which the
catching of Pacific bluefin tuna shall stop.
Article 5
Catching, retaining, transshipping, landing or selling any
Pacific bluefin tuna less than 30 kilograms shall be
prohibited.
Article 6
Fishing vessels shall not catch Pacific bluefin tuna with
longline fishing gears without the authorization from the
central competent authority.
Chapter II The Application and Issuance of Fishing Permits
for Longline Fishing Vessels
Article 7
The annual number of longline fishing vessels conducting
Pacific bluefin tuna fishing operation shall be limited to
660.
The central competent authority may proclaim the adjustment
of the number of vessels as referred to in the preceding
paragraph.
Article 8
Longline fishing vessels conducting Pacific bluefin tuna
fishing operation shall be installed onboard the automatic
location communication (ALC).
Article 9
Any fishery operator that intends to apply for a Pacific
bluefin tuna fishing permit for his/her longline fishing
vessel shall fill in the application form (format as shown
in Appendix 2) and apply to the central competent authority
from January 1 to January 31, with the following documents:
(1)A copy of the valid fishing license of the directed
fishery; and
(2)A certificate issued by the Overseas Fisheries Development
Council of the Republic of China proving that the ALC onboard
has been tested and is capable of automatic reporting of its
positions.
Article 10
The sequence of priorities for issuing the Pacific bluefin tuna
fishing permit shall be as follows:
(1)The first priority: vessels that were authorized by the
central competent authority to conduct Pacific bluefin tuna
fishing operation and have historical catch record in the
preceding year, without any punishment imposed upon in the
preceding year for violating these Regulations or the
Regulations on Catching Pacific Bluefin Tuna.
(2)The second priority: vessels under 100 gross tonnage (GT) with
the historical catch record in the preceding five years.
(3)The third priority: vessels of 100 GT and above with the
historical catch record in the preceding five years.
(4)The fourth priority: vessels under 100 GT with no historical
catch record in the preceding five years.
(5)The fifth priority: vessels of 100 GT and above with no
historical catch record in the preceding five years.
In the event that the number of applications submitted pursuant to
Article 9 exceeds the prescribed limit in Article 7, and the
priority cannot be decided in accordance with the preceding
paragraph, the central competent authority shall draw lots to
decide the priority in an equitable and impartial manner.
Article 11
In the event that the number of fishing vessels obtaining the
Pacific bluefin tuna fishing permits does not reach the limit
of the current year, the central competent authority may
announce in due course to accept applications, notwithstanding
the application deadline prescribed in Article 9.
Article 12
In case of any of the following conditions, the fishery operator
may submit the documents as prescribed in Article 9 and apply for
the Pacific bluefin tuna fishing permit from the central
competent authority, notwithstanding the application deadline
prescribed in Article 9:
(1)The fishery operator of a fishing vessel has changed;
(2)The fishery operator has obtained the fishing license for the
chartered fishing vessel;
(3)The fishery operator has obtained the fishing license for the
newly-built fishing vessel;
(4)The fishery operator who resumes the operation after the
suspension of the operation authorized pursuant to Article 11,
paragraph 2 of the Act has expired;
(5)The fishery operator applies for the renewal of the expired
fishing license; or
(6)The suspension of the fishing license has been executed
completely.
Article 13
In case that a fishery operator is under any of the following
circumstances, the issuance of the Pacific bluefin tuna fishing
permit to such operator shall be denied:
(1)He/She is sentenced imprisonment for violating the Act or the
Act for Distant Water Fisheries and such sentence is not yet
executed, not executed completely, or is on probation whose
period is not yet expired, or 2 years have not passed since
such sentence is executed completely, on probation which is
expired, or pardoned;
(2)He/She is sentenced to a short-term imprisonment or criminal
fine for violating the Act or the Act for Distant Water
Fisheries and such sentence is not yet executed, not executed
completely or 2 years have not passed since such sentence is
executed completely;
(3)A fine imposed pursuant to the Act of the Act for Distant Water
Fisheries has not been paid completely;
(4)The suspension of the fishing license of any of his/her fishing
vessel imposed pursuant to the Act or the Act for Distant Water
Fisheries has not been executed completely.
Article 14
A Pacific bluefin tuna fishing permit will be issued to the
application approved by the central competent authority. The
validity period of the permit shall start from the day of
issuance to December 31 of the current year, and shall not
exceed the validity period of the fishing license.
Chapter III Management of Catch Tagging and Catch Report
Article 15
Prior to fishing operation, fishery operators of longline
fishing vessels authorized by the central competent authority
to conduct Pacific bluefin tuna fishing operation shall apply
for and obtain Pacific bluefin tuna tags of the current year
from the central competent authority.
Article 16
Any Pacific bluefin tuna shall be tagged immediately at the
appropriate position when being caught by any longline
fishing vessel.
Article 17
In the event that any Pacific bluefin tuna is caught by fishing
vessels of the other directed fisheries or the set net fishery,
fishery operators concerned shall, before landing, apply for and
obtain Pacific bluefin tuna tags from the central competent
authority, and tag the Pacific belufin tuna at the appropriate
position at the time of landing.
Article 18
Captains of longline fishing vessels or fishing vessels of the
other directed fisheries, or fishery operators of set net fishery
shall report to the fishery radio station concerned the number,
the weight, the length, and location for each Pacific bluefin tuna
caught. Captains of longline fishing vessels shall also report the
serial number of each tag.
In case of catching any Pacific bluefin tuna less than 30 kilograms,
such catch shall be discarded immediately, and the amount of discard,
the location of such catch, and the weight and the length of each
Pacific bluefin tuna discarded shall be reported.
Article 19
In the event that any tag on the Pacific bluefin tuna caught by
longline fishing vessels detaches and cannot be re-attached, an unused
replacement tag shall be attached immediately, and the serial number
of the replacement tag and detached tag shall be reported to the
fishery radio station.
Article 20
Before the Pacific bluefin tuna tags are exhausted during operation
at sea, any longline fishing vessel shall apply for the tags from
the central competent authority and the Pacific bluefin tuna may
only be tagged at the time of landing in port after the approval
from the central competent authority is obtained.
Article 21
For any Pacific bluefin tuna subsequently caught after the deadline
as proclaimed by the central competent authority in accordance with
Article 4, such catch shall be immediately discarded, and the amount
of discard, the location of such catch, and the weight and the length
of each Pacific bluefin tuna discarded shall be reported to the fishery
radio station concerned in accordance with Article 18.
Article 22
Upon the receipt of the report by any captain or fishery operator, the
fishery radio station shall check the registration of the vessel or the
location of set net deployment, and fill in the Pacific bluefin tuna
catch reporting form (format as shown in Appendix 3 and Appendix 4) on
behalf of the captain or fishery operator.
The fishery radio station shall compile and submit such forms to the
central competent authority before Tuesday each week.
Chapter IX The Designation and Management of Ports for Transshipment or
Landing
Article 23
For any Pacific bluefin tuna caught by any longline fishing vessel or
fishing vessel of the other directed fisheries, and landed in domestic
ports, the domestic ports shall be limited to Nanfangao Fishing Port in
Ilan County, Hsinkang Fishing Harbor in Taitung County, Donggang Fishing
Harbor in Pingtung County and Chienchen Fishing Harbor in Kaohsiung City.
Article 24
No fishing vessel shall allow the Pacific bluefin tuna caught by itself
to be transported by other fishing vessel(s), or to transport the Pacific
bluefin tuna caught by other fishing vessel(s) without the permission
from the central competent authority.
In the event that the following requirements are met, a fishery operator
may apply for the permission to transport the Pacific bluefin tuna caught
by his/her longline fishing vessel authorized by the central competent
authority to conduct Pacific bluefin tuna fishing operation to other
fishing vessel(s) for landing in the domestic ports as stipulated in
Article 23:
(1)The Pacific bluefin tuna is caught in waters under the jurisdiction
of the Republic of China.
(2)The applying fishing vessel employs ice chilling method to preserve
its catches.
(3)A tag issued by the central competent authority is attached to the
Pacific bluefin tuna caught.
(4)The fishing vessel(s) transporting the Pacific bluefin tuna is a
longline fishing vessel authorized to conduct Pacific bluefin tuna
fishing operation.
(5)The ALCs of both the applying and transporting fishing vessels can
regularly and normally transmit vessel positions.
For the application as referred to in the preceding paragraph, the
reporting form (format as shown in Appendix 5) shall be filled in and
reported to the fishery radio station for forwarding to the central
competent authority for authorization.
Article 25
For any longline fishing vessel or fishing vessel of the other directed
fisheries that lands in the ports as stipulated in Article 23,
its fishery operator or captain shall, 24 hours before the port entry,
notify the fishery radio station concerned of the estimated landing port,
date, and the number of Pacific bluefin tuna caught and transported. In
the event that the location of Pacific bluefin tuna caught is less than100
nautical miles from the landing port, or that Pacific bluefin tuna is
caught by the set net fishery, the notification may be made before the
port entry.
At the time of landing, the competent authority may dispatch personnel
to inspect and query in accordance with Article 49 of the Act, and
measure the length and weight of the catches, and the relevant parties
shall not evade, obstruct or refuse.
Chapter V Catch Documents
Article 26
In the event that a fishery operator completes the notification to the
radio station concerned as referred to in the preceding Article, and
domestically lands and sells the Pacific bluefin tuna, the Catch Document
of Pacific Bluefin Tuna for Domestic Sales (hereinafter referred to as
“Catch Document of Domestic Sales Pacific Bluefin Tuna,” format of which
is as shown in Appendix 6), shall be issued by the central competent
authority.
Article 27
For any fishery operator selling the Pacifc bluefin tuna, he/she shall
provide the buyer with the Catch Document of Domestic Sales Pacific
Bluefin Tuna with the information on sales process properly filled in.
For each buyer selling the Pacific bluefin tuna, he/she shall accurately
and completely fill in the weight to be sold in the Catch Document of
Domestic Sales Pacific Bluefin Tuna and provide to the next buyer(s).
In the event that a Pacific bluefin tuna is sold in batches, the Catch
Document of Domestic Sales Pacific Blueifn Tuna may be provided to the
next buyer(s) in photocopies, each of which records the weight to be
sold.
Article 28
He/She who sells Pacific bluefin tuna shall, for the purpose of
examination of the competent authority, prepare the Catch Document of
Domestic Sales Pacific Bluefin Tuna and the transaction document(s)
which can trace back to the fishery operator.
Article 29
For any Pacific bluefin tuna applied to be exported to amy foreign
country, an application form (format as shown in Appendix 7) shall be
filled in and submitted, together with the following documents, to the
central competent authority, for the issuance of the Catch Document of
Pacific Bluefin Tuna for Exportation (hereinafter referred to as “Catch
Document of Exported Pacific Bluefin Tuna,” format of which is as shown
in Appendix 8):
(1)The Catch Document of Domestic Sales Pacific Bluefin Tuna with the
trading records that can trace back to the fishery operator and
relevant transaction document(s). For any applicant that is the
fishery operator of the Pacific bluefin tuna catch, the documents as
referred to in subparagraph (1) may be exempted.
(2)A copy of the Catch Document of Exported Pacific Bluefin Tuna with
completed information in printing.
(3)For the Pacific bluefin tuna caught by set net fishery, a photocopy
of the fishing license of set net fishing right shall be enclosed.
Article 30
In case of any of the following circumstances, the catch documents for
Pacific bluefin tuna shall not be issued:
(1)Any Pacific bluefin tuna caught by any fishing vessel
listed in the illegal, unreported and unregulated (IUU) fishing vessel lists as promulgated
by the competent authority pursuant to Article 13, paragraph 2 of the Act for Distant Water Fisheries.
(2)Any fishing vessel in violation of Article 13, paragraph 1 of the Act
for Distant Water Fisheries; or Article 48, paragraph 1 of the Act,
during fishing operation.
(3)Any fishing vessel catching Pacific bluefin tuna with longline fishing
gears without the authorization from the central competent authority.
(4)In violation of the provisions on catch reporting, transshipment or
landing of these Regulations and the Act for Distant Water Fisheries
during fishing operation.
(5)The Pacific bluefin tuna is caught by any fishing vessel that fails
to conduct write-off for the Catch Document of Exported Pacific Bluefin
Tuna in accordance with these Regulations.
Article 31
A Catch Document of Exported Pacific Bluefin Tuna will be issued to the
application submitted in accordance with Article 29 and approved after
examination.
The validity period of a Catch Document of Exported Pacific Bluefin Tuna
as referred to in the preceding paragraph shall be six months starting
from the date of issuance.
Article 32
He/She who has obtained the Catch Document of Exported Pacific Bluefin Tuna
shall, within two months after the custom clearance of the catch has completed,
fill in the application form and submit to the central competent authority or
the commissioned organization(s), together with the following documents, for
the write-off:
(1)The custom clearance document(s) issued by the importing country.
(2)The duplicate of the export declaration.
(3)The photocopy of the documents on the sales of such catch.
Chapter VI Supplemental Provisions
Article 33
In case of any of the following circumstances, the fishing license of the
fishery operator and the Certificate of Fishing Vessel Officers or the
Fishing Vessel Crew Identification of the fishery employee shall be subject
to suspension for a period of one year and under, pursuant to Article 10 of
the Act; and in case of severe violation, the fishing license of the fishery
operator and the Certificate of Fishing Vessel Officers or the Fishing Vessel
Crew Identification shall be subject to revocation:
(1)Catching, retaining, transshipping, landing or selling any Pacific bluefin
tuna less than 30 kilograms, in violation of Article 5.
(2)Any fishing vessel that catches Pacific bluefin tuna with the longline
fishing gears without the authorization from the central competent authority,
in violation of Article 6.
(3)Catching any Pacific bluefin tuna after the deadline as proclaimed by the
central competent authority in the current year, and failing to discard the
catch in accordance with Article 21.
(4)Any longline fishing vessel or fishing vessel of the other directed fisheries
that domestically lands its Pacific bluefin tuna catch but fails to land in
the designated ports as prescribed in Article 23.
(5)Any fishing vessel transporting the Pacific bluefin tuna caught by itself to
other vessel(s) or transporting the Pacific bluefin tuna not caught by
itself without the permission, in violation of Article 24.
(6)Any fishery operator that evades, obstructs, or refuses the inspection, query
or measurement of the length and weight of the Pacific bluefin tuna catch
conducted by personnel dispatched by the competent authority at the time of
landing, in violation of Article 25, paragraph 2.
Article 34
In case of any of the following circumstances, the fishery operator and the
fishery employee shall be respectively subject to a fine between 30 thousand
and 150 thousand New Taiwan Dollars, pursuant to Article 65 of the Act:
(1)Any longline fishing vessel that fails to apply for and obtain the Pacific
bluefin tuna tag of the current year from the central competent authority
before conducting Pacific bluefin tuna fishing operation, in violation of
Article 15.
(2)Any longline fishing vessel that fails to immediately attach the Pacific
bluefin tuna tag at the appropriate position, in violation of Article 16.
(3)Any fishing vessel of the other directed fisheries or the set net fishery
that catches Pacific bluefin tuna and fails to apply for the Pacific
bluefin tuna tag from the central competent authority before the landing,
or fails to attach the tag at the appropriate position at the time of
landing, in violation of Article 17.
(4)Any captain of any longline fishing vessel or fishing vessel of the other
directed fisheries or fishery operator of the set net fishery that fails
to report the number, weight, length, and the location for each Pacific
bluefin tuna caught to the fishery radio station concerned within 24 hours
after catching the Pacific bluefin tuna, in violation of Article 18; or any
captain of longline fishing vessel that fails to report the serial number of
each tag, in violation of Article 18.
(5)In the event that any tag on the Pacific bluefin tuna detaches and cannot be
re-attached, any longline fishing vessel that fails to attach an unused
replacement tag immediately, or that fails to report to fishery radio station
the serial number of the detached tag and the replacement tag, in violation
of Article 19.
(6)Before the Pacific bluefin tuna tags are exhausted during operation at sea,
any longline fishing vessel that fails to obtain the approval from the
central competent authority to attach the tags at the time of landing in
port, in violation of Article 20.
(7)Catching any Pacific bluefin tuna after the deadline as proclaimed by the
central competent authority in the current year, and failing to report the
amount of discard, in violation of Article 21.
(8)Any longline fishing vessel or fishing vessel of the other directed fisheries
that returns to the designated port for landing and fails to notify the
fishery radio station concerned of the estimated landing port, date, and the
number of the Pacific bluefin tuna caught and transported within the required
timeframe as stipulated in Article 25, paragraph 1.
Article 35
In case of any of the following circumstances, the offender shall be subject to a
fine between 30 thousand and 150 thousand New Taiwan Dollars, pursuant to
subparagraph (6) of Article 65 of the Act:
(1)Failure to prepare the Catch Document of Domestic Sales Pacific Blueifn Tuna
and the transaction document(s) which can trace back to the fishery operator
for the purpose of examination of the competent authority in accordance with
Article 28.
(2)Failure to apply for the issuance of the Catch Document of Exported Pacific
Bluefin Tuna in accordance with Article 29 for exporting Pacific bluefin tuna
to any foreign country.
Article 35-1
Related business that shall be conducted by the central competent authority in
accordance with Article 25, paragraph 2; Article 26; and Article 29 to 32 may be
delegated to Fisheremen’s Associations.
Article 36
These Regulations shall become effective on the date of promulgation, except for
Article 28 and subparagraph (1) of Article 35, which shall become effective on
January 1, 2019; and except for the amended Article promulgated on August 19, 2020,
which shall become effective on January 1, 2020
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