| Legislative： |
The full text of 49 articles promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-Yu-Tzu 1061332035.
Articles 2, 8, 9, 15 to 17, 37, 38, 49 amended and promulgated
on 8 January 2018 by the Council of Agriculture, Executive Yuan
under Order No. Nung-Yu-Tzu 1061388036.
Articles 6 and 18 amended and promulgated on 14 January 2019 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-Yu-Tzu 1071339388.
Articles 3, 8, 13, 15, and 27 to 29 amended and promulgated on
3 September 2020 by the Council of Agriculture, Executive Yuan
under Order No. Nung-Yu-Tzu 1091335565. |
| Content： |
Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 6, paragraph
2; Article 10, paragraph 2; and Article 11, paragraph 3 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)“Tuna longline fishing vessel” means any fishing vessel
targeting highly migratory fish species such as tunas, billfishes,
sharks, skipjacks or mahi mahi with longline fishing gears.
(2)“Fishing year” means the period starting from March 1 of the
current year to the last day of February of the following year.
(3)“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)
Article 3
Any distant water fisheries operator shall not conduct southern
bluefin tuna fishing operation without authorization from the
competent authority.
Article 4
For the purpose of these Regulations, the species with catch
limit as referred to in subparagraph (7) of Article 13, paragraph
1 of the Act means southern bluefin tuna.
Article 5
Tuna longline tuna fishing vessels catching southern bluefin tuna
(hereinafter referred to as “southern bluefin tuna fishing vessels”)
are categorized into the following groups:
(1)Seasonal targeting group, which targets southern bluefin tuna and
can be categorized into the following three groups:
i.Southcentral Indian Ocean group;
ii.Southwestern Indian Ocean group; and
iii.Domestic sale group: fishing vessels in this group shall ship back
to the Republic of China a specific amount of southern bluefin tuna as
promulgated by the competent authority for domestic sale.
(2)Bycatch group, which not targets southern bluefin tuna.
Article 6
Fishing areas for the fishing vessels of the seasonal targeting group
are divided as follows and as shown in Appendix 1:
(1)For southcentral Indian Ocean group and domestic sale group: the
area of the Indian Ocean south of 28°S, east of 65°E and west of 150°E
(hereinafter referred to as “southcentral Indian Ocean fishing area”).
(2)For southwestern Indian Ocean group: the area of the Indian Ocean
south of 28°S, and between 20°E and 45°E (hereinafter referred to as
“southwestern Indian Ocean fishing area”).
Any fishing vessel of the bycatch group shall only catch southern bluefin
tuna in the fishing area pertained to its distant water fisheries permit
of the Pacific, Atlantic or Indian Ocean respectively.
Article 7
The number of vessels in each group shall be promulgated by the competent
authority in accordance with the resolutions of the Commission for the
Conservation of Southern Bluefin Tuna (hereinafter referred to as
“the CCSBT”).
Chapter II Application and Issuance of the Permit
Article 8
For the application of the permit of southern bluefin tuna, the following
conditions shall be met:
(1)The distant water fisheries operator shall be a member of the Taiwan
Deep Sea Tuna Boat-owners and Exporters Association (hereinafter referred
to as “Tuna Association”).
(2)The fishing vessel shall be a tuna longline fishing vessel of 100 GT
and above.
(3)The fishing vessel has installed with the electronic logbook (E-logbook)
system that can be filled in the measurement data of each southern bluefin
tuna and the seabird mitigation measures employed and can report catch
data regularly and normally.
(4)The following distant water fisheries permit issued by the competent
authority for the current fishing year has been obtained:
i.For seasonal targeting group: the permit for bigeye tuna group or albacore
tuna group in the Indian Ocean.
ii.For bycatch group: the permit for albacore tuna group in the Pacific
Ocean, albacore tuna group in the Atlantic Ocean, bigeye tuna group in the
Indian Ocean or albacore tuna group in the Indian Ocean.
Article 9
Any distant water fisheries operator applying for the permit of southern
bluefin tuna for the following fishing year shall enclose with evidential
documents in accordance with Article 8, and register to the Tuna
Association by January 10 of the current year. The Tuna Association shall
compile applications by group, and submit to the competent authority by
January 20 of the current year.
Article 10
For fishing vessels applying for each group of the seasonal targeting
group, the Tuna Association shall come up with a list of vessel priority
in accordance with the following sequence of priority and submit to the
competent authority:
(1)First priority: the fishing vessel has been authorized in the seasonal
targeting group in any of the past three fishing years, and has actual
fishing record.
(2)Second priority: the fishing vessel of albacore tuna group or bigeye
tuna group in the Indian Ocean.
In the event that fishing vessels applied cannot be prioritized in
accordance with the sequence of priority, the Tuna Association 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 permit of
southern bluefin tuna is less than the limit of each group of the current
fishing year, the competent authority may, in addition to filling in the
vacancy pursuant to the sequence of priority prescribed in Article 10,
announce in due course to accept applications, notwithstanding the
application deadline prescribed in Article 9.
In the event that the number of fishing vessels applied for the domestic
sale group is less than that promulgated by the competent authority, the
Tuna Association shall fill in the vacancy by drawing lots from the
fishing vessels applied for southcentral Indian Ocean group of the
current fishing year to decide the priority in a equitable and impartial
manner.
Article 12
Any distant water fisheries operator whose fishing vessel(s) is under any
of the following circumstances shall not be granted the permit of southern
bluefin tuna:
(1)For fishing vessels in the seasonal targeting group: the actual landing
amount of individual vessel in a fishing year exceeds 10% of its individual
vessel quota of the same fishing year, and the punishment imposed has not
been executed completely, or three years have not passed since the
completion of execution.
(2)For fishing vessels in the bycatch group: the actual landing amount of
individual vessel in a fishing year exceeds 30% of its individual vessel
quota of the same fishing year, and the punishment imposed has not been
executed completely, or three years have not passed since the completion
of execution.
(3)For fishing vessels in domestic sale group: the southern bluefin tuna
is not shipped back to the Republic of China for domestic sale in
accordance with Article 19, and the punishment imposed has not been
executed completely, or three years have not passed since the completion
of execution.
(4)For fishing vessels in the southcentral Indian Ocean group or domestic
sale group:
the distant water fisheries operator whose utilization rate of individual
vessel quota is 40% and above but less than 50% is punished for not
reporting for voluntary quota reduction in accordance with Article 20, and
such punishment has not been executed completely or one year has not passed
since the completion of such execution; the distant water fisheries operator
whose utilization rate of individual vessel quota is 30% and above but less
than 40% is punished for not reporting for voluntary quota reduction in
accordance with Article 20, and such punishment has not been executed
completely or two years have not passed since the completion of such
execution; or the distant water fisheries operator whose utilization rate of
individual vessel quota is less than 30% is punished for not reporting for
voluntary quota reduction in accordance with Article 20, and such punishment
has not been executed completely or three years have not passed since the
completion of such execution.
Article 13
A certificate of the permit of southern bluefin tuna will be issued for the
application approved by the competent authority. The maximum period of
validity of the permit shall be one year.
The certificate of the permit of southern bluefin tuna shall record, both
in Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, GT, length overall (LOA) and fisheries type of the
fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, group, fishing area(s), and fishing
period;
(5)The International Radio Call Sign (IRCS);
(6)The IMO ship identification number; and
(7)The incidental provisions: in the event that the distant water
fisheries permit of the fishing vessel is invalid during the period
permitted to catch southern bluefin tuna, the permit of southern bluefin
tuna shall be invalid simultaneously.
The distant water fisheries operator shall place onboard the fishing vessel
a copy of the valid permit of southern bluefin tuna in case of inspection.
Article 14
Any fishing vessel that has obtained the permit of southern bluefin tuna of
the southcentral Indian Ocean group or domestic sale group shall enter the
southcentral Indian Ocean fishing area by July 31 of the current year.
Any fishing vessel that has obtained the permit of southern bluefin of the
southwestern Indian Ocean group shall enter the southwestern Indian Ocean
fishing area by November 30 of the current year.
For any fishing vessel failing to enter the fishing area it belongs to by
the deadline as stipulated in the preceding two paragraphs, its permit of
southern bluefin tuna shall be revoked.
Chapter III Catch Limits or Quotas
Article 15
The total catch quota of southern bluefin tuna of the fishing year
(unprocessed round weight, hereinafter the same when referring to “quota”
in the following provisions), the individual vessel quota, and the amount
of catch for individual vessel to ship back to the Republic of China for
domestic sale shall be promulgated by the competent authority in accordance
with the resolutions of the CCSBT.
The period for using the quota as referred in the preceding paragraph shall
be from March 1 of the current year to the last day of February of the
following year.
In case that the number of fishing vessels obtaining the permit of southern
bluefin tuna of each group in the current fishing year is below the limit,
the total remaining quota shall be arranged by the competent authority.
Article 16
The permit of southern bluefin tuna of the current fishing year shall be
obtained for granting the southern bluefin tuna quota of the current fishing
year.
For any southern bluefin tuna fishing vessel which has not obtained the
permit of southern bluefin tuna of the entire fishing year, the quota shall
be granted in accordance with the percentage which the number of month(s)
approved accouts for the whole fishing year. Notwithstanding such provision,
in the event that the ownership of any southern bluefin tuna 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 fishing year, the quota of such vessel unused in the current fishing
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 southern bluefin tuna fishing vessel
concerned in the current fishing year:
(1)Loss of a 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 17
The catch amount (unprocessed round weight, hereinafter the same when
referring to “ catch amount” in the following provisions) of southern
bluefin tuna caught by any southern bluefin tuna fishing vessel shall not
exceed the individual vessel quota allocated for the current fishing year.
In case of excess, the quota of such fishing vessel for the following fishing
year shall be deducted accordingly.
The conversion factor between the weights of fish which is gilled, gutted and
tailed and round fish is 1.15.
Article 18
In case of any of the following conditions, the competent authority shall grant
the quota of the current fishing year in accordance with the percentage which
the number of month(s) that the southern bluefin fishing vessel actual fishes
accounts for the whole fishing year; shall retrieve the quota on a pro-rata
basis from the vessel which has been granted the quota; or shall deduct the
quota allocated for the following fishing year in the event that the quota is
unable to be retrieved from the vessel:
(1)The southern bluefin tuna fishing vessel is punished by the competent
authority of the suspension of the fishing license for one month and above.
(2)The southern bluefin tuna fishing vessel is detained in the port by
foreign government.
For any fishing vessel approved to be engaged in fisheries cooperation by means
of being chartered, the quota shall not be granted to such vessel during the
period of fisheries cooperation. In case that the quota has been granted, the
competent authority shall retrieve the quota of the current year in accordance
with the percentage that the number of month(s) for fisheries cooperation
accounts for the whole year. In case that the quota of the current year is unable
to be retrieved, the competent authority shall deduct the quota allocated for
such vessel in the following year.
Article 19
For any fishing vessel of the domestic sale group, the amount of its catch of
southern bluefin tuna shipped back for domestic sale shall not be below the
amount promulgated pursuant to Article 15, paragraph 1.
Article 20
In the event that the catch amount of any fishing vessel of the southcentral
Indian Ocean group or the domestic sale group that has obtained the permit of
southern bluefin tuna is less than 50%, the distant water fisheries operator
shall report the amount of voluntary quota deduction to the Tuna Association by
August 15 of the current year, and the Tuna Association shall forward it to the
competent authority.
Article 21
In the event that the accumulated catch amount of southern bluefin tuna caught
by fishing vessels of the Republic of China reaches 95% of the total catch quota
of the current fishing year, the competent authority may order fishing vessels to
stop catching southern bluefin tuna by a deadline and to leave fishing area(s) by
a deadline.
Article 22
The competent authority may, after August 15 of the current year, announce the
additional southern bluefin tuna quota that can be applied for.
Applicants of the additional quota as referred to in the preceding paragraph
shall meet the following requirements:
(1)The utilization rate of individual vessel quota of southern bluefin tuna has
reached 50% and above.
(2)The fishing vessel has not left its fishing area.
Article 23
The competent authority may grant premium quota to the catching vessel which
cooperated with the competent authority to carry out relevant experiments,
researches or management measures.
Chapter IV Management of Catch Tagging
Article 24
Any distant water fisheries operator shall, before the fishing operations of
fishing vessel(s), pay the cost of tags to the Tuna Association, and apply to
the competent authority, with the submission of a payment receipt, for the
issuance of southern bluefin tuna tags (hereinafter referred to as the “tags”).
For any fishing vessel entering the fishing area without applying for the tags in
accordance with the preceding paragraph, the competent authority shall revoke its
permit of southern bluefin tuna.
Any southern bluefin tuna fishing vessel shall apply for the tags in accordance
with the first paragraph before the tags are exhausted during operation at sea,
and the southern bluefin tuna may only be tagged at the time of landing in port
after the approval from the competent authority is obtained.
Article 25
Any southern bluefin tuna shall be tagged at the appropriate position in case of
being caught by any fishing vessel, and the length, weight, and the serial number
of the tag shall be recorded on the Catch Tagging Form, format of which is as
shown in Appendix 2.
Article 26
Any tag on southern bluefin tuna shall be remained on the fish at least up to the
first point of sale.
In the event that the tag detaches and cannot be re-attached, a unused replacement
tag shall be attached immediately, and the serial number of the replacement tag and
detached tag shall be recorded in the record sheet. In case that the serial number
of the detached tag is unknown, recording may be exempted. The format of the record
sheet is as shown in Appendix 3.
The record sheet as referred to in the preceding paragraph shall, within 3 days
after the landing, be submitted in writing to the Tuna Association for forwarding to
the competent authority for perusal.
Chapter V Logbook, Catch report and Mitigation Measures for Incidental Catch
Article 27
For any southern bluefin tuna fishing vessel that leaves a port, its captain shall
daily report the length, weight, serial number of the tag of each southern bluefin
tuna through the E-logbook system, and shall completely and accurately fill in the
logbook designated by the competent authority, where there is any catch or not.
In the event that the southern bluefin tuna fishing vessel as referred to in the
preceding paragraph has exhausted its quota for southern bluefin tuna, any southern
bluefin tuna subsequently caught shall be discarded immediately and the amount of
discard shall be recorded in the logbook and the E-logbook system, and any fishing
vessel of the seasonal targeting group shall leave the fishing area as well.
In the event that the E-logbook logbook system onboard the fishing vessel is
mal-functional, the distant water fisheries operator or the captain shall daily
transmit the catch data via facsimile to the competent authority or the commissioned
professional institution. Such catch data shall be signed by the distant water
fisheries operator or the captain.
Article 28
During one fishing trip of any southern bluefin tuna fishing vessel, for any fishing
vessel of the seasonal targeting group, the discrepancy between the catch amount of
the southern bluefin tuna recorded in the E-logbook and the actual landing amount
shall not exceed 5% of the actual landing amount. For any fishing vessel of the
bycatch group, such discrepancy shall not exceed 10% of the actual landing amount.
Article 29
Any of the following circumstance shall be defined as “seriously misreporting”
as referred to subparagraph (12) of Article 13, paragraph 1 of the Act:
(1)For any fishing vessel of the seasonal targeting group, the discrepancy between
the catch amount recorded in the E-logbook and the actual landing amount exceeds two
metric tons as well as 20% of the actual landing amount.
(2)For any fishing vessel of the bycatch group, the discrepancy between the catch
amount recorded in the E-logbook and the actual landing amount exceeds 300 kilograms
as well as 30% of the actual landing amount.
Article 30
Any southern bluefin tuna fishing vessel proceeds to operate in area south of 25°S
shall employ at least two seabird mitigation measures, one of which shall be tori
lines, the other shall be either the night setting with minimum deck lights or
weighted branch lines. Specifications are as shown in Appendix 4.
The seabird mitigation measures taken during each fishing operation of fishing vessel
shall be recorded in the E-logbook and logbook.
Chapter VI The Designation and Management of Ports for Transshipment or Landing
Article 31
The southern bluefin tuna catch of any fishing vessel shall be limited to in-port
transshipment or in-port landing. For a carrier vessel which carries the regional
observer on board dispatched by the Indian Ocean Tuna Commission (IOTC) or the
International Commission for the Conservation of Atlantic Tunas (ICCAT), and the
distant water fisheries operator of the fishing vessel who has paid the cost to
implement the regional observer program in accordance with the provisions in the
regulations of respective Ocean, at-sea transshipment may be conducted.
Article 32
The transshipment of southern bluefin tuna by any southern bluefin tuna fishing vessel
or carrier vessel shall be conducted in accordance with the “Regulations for Tuna
Longline Fishing Vessels Proceeding to the Atlantic Ocean for Fishing Operation” or “
Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing
Operation”. Any southern bluefin tuna fishing vessel of the bycatch group that fishing
in the Pacific Ocean shall only land in a domestic port.
The carrier vessel as referred to in the preceding paragraph shall be included in the
list of carrier vessels of the CCSBT.
Within 24 hours after the completion of transshipment by the carrier vessel as referred
to in paragraph 1, the ICCAT or IOTC Transshipment Declaration that contains southern
bluefin tuna catch shall be submitted to the CCSBT Secretariat and the competent
authority.
Article 33
The foreign ports for landing or transshipment of southern bluefin tuna shall be
limited to Cape Town of South Africa or Port Louis in Mauritius.
Any distant water fisheries operator intending to land or transship southern bluefin
tuna in the ports as referred to in the preceding paragraph shall, seven working days
before the estimated date of entry into port, notify the competent authority through
the Tuna Association, and shall, upon entry into port, accept the port inspections
conducted by personnel dispatched by the competent authority or independent third
party for the verification of the catch landed or transshipped.
For the southern bluefin tuna sold directly to Japan through at-sea transshipment,
the distant water fisheries operator shall, seven working days before the estimated
date of such catch arriving in Japan, report the estimated date of arrival to the
competent authority, and shall accept the port inspections conducted by the independent
third party for the verification of the catch landed.
The cost incurred from any inspection on catches conducted by the independent third
party at the foreign ports shall be borne by the distant water fisheries operator of the
fishing vessel being inspected.
Article 34
The domestic port for the landing of southern bluefin Tuna shall be limited to Chienchen
Fishing Harbor in Kaohsiung.
Any distant water fisheries operator intending to conduct the landing as referred to in
the preceding paragraph shall, seven working days before the entry into port of the
fishing vessel, notify the competent authority through the Tuna Association, and shall,
upon entry into port, accept the inspections conducted by personnel dispatched by the
competent authority.
Article 35
The southern bluefin tuna that shall be shipped back by the fishing vessel of the
domestic sale group shall arrive in the Republic of China before March 31 of the following
fishing year and shall not be exported.
Article 36
Any shipment of southern bluefin tuna back to the Republic of China by commercial cargo
vessel, airplane, carrier vessel or the fishing vessel itself shall be, seven working days
before taking delivery or seven working days before the arrival of such fish product,
notified to the competent authority, and upon entry into port, inspections conducted by the
personnel dispatched by the competent authority shall be accepted.
Chapter VII Observation and Inspection during Fishing Operations
Article 37
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 estimated 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 38
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 preceding
three subparagraphs.
(7)The captain shall sign on the observation record(s) written by the observer. In case
there are different views on such 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 39
In the event of boarding and inspection conducted by the inspector(s) dispatched by the
competent authority, 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 Catch Monitoring Form
Article 40
The applicant of southern bluefin tuna Catch Monitoring Form is limited to the distant
water fisheries operator of the fishing vessel that catches the southern bluefin tuna.
The format of the Catch Monitoring Form is shown as Appendix 5.
Article 41
For the application of southern bluefin tuna Catch Monitoring Form, the applicant shall
fill in and submit the application form to the competent authority with the enclosure of
the following documents:
(1)The Notification Sheet of the Southern Bluefin Tuna Caught by Fishing Vessel certified
by the Tuna Association. The format of the Notification Sheet is as shown in Appendix 6.
(2)A certificate showing the detailed amount of southern bluefin tuna transshipped by a
carrier vessel.
(3)A certificate issued by the Tuna Association proving the distant water fisheries
operator has paid the reimbursement for the vessel reduction program in respect of the
amount of catch of frozen tuna and billfish recorded in the transshipment declaration.
(4)The Catch Tagging Form.
(5)Three copies of the southern bluefin tuna catch monitoring form with completed
information in printing.
For any southern bluefin tuna catch that has been transshipped at sea, the captain of the
fishing vessel, the captain of the carrier vessel and the regional observer shall confirm
and sign the transshipment column in the Catch Monitoring Form.
Article 42
The transshipment of any southern bluefin tuna of the current fishing year that is
permitted to be kept in the fish hold(s) onboard shall be completed before October 31 of
the following fishing year, and the application of the Catch Monitoring Form shall be made
as well.
Article 43
In the event that the catches of southern bluefin tuna caught by a fishing vessel is
shipped back for domestic sale, the distant water fisheries operator shall report the flow
of such catches to the competent authority when applying for the Catch Monitoring Form.
Article 44
In case of any of the following circumstances, in addition to the punishments prescribed in
Article 36, paragraph 1 to 4 or Article 41, paragraphs 1 and 2 of the Act and confiscation
of the catch pursuant to Article 43 of the Act, the application for southern bluefin tuna
catch monitoring document shall be denied:
(1)The southern bluefin tuna is caught by any fishing vessel listed in the list of illegal,
unreported and unregulated fishing vessels as promulgated in accordance with Article 13,
paragraph 2 of the Act.
(2)In violation of provisions stipulated in Article 13 of the Act or Article 48, paragraph
1 of the Fisheries Act during fishing operation of the fishing vessel.
(3)Catching southern bluefin tuna without the permit from the competent authority.
(4)Failure to apply for transshipment or landing in accordance with relevant regulations.
Article 45
The southern bluefin tuna Catch Monitoring Form will be issued for the application made in
accordance with Article 41 and approved by the competent authority after being examined.
The period of validity of the southern bluefin tuna Catch Monitoring Form shall be four
years starting from the date of completion of the landing.
Article 46
Any distant water fisheries operator that obtains the southern bluefin tuna Catch Monitoring
Form shall, within 60 days after the customs clearance for exportation/distribution of
catches or fisheries products is completed, fill in the Write-off Application Form and submit
to the competent authority for write-offs with the enclosure of the following documents:
(1)The document on customs clearance issued by the importing country. For catches exported
from the Republic of China, a copy of the customs export declaration shall be enclosed.
Catches shipped back to the Republic of China shall be exempted from such provisions.
(2)The copy of sales information of catches.
In the event that the document enclosed with the application as referred to in the preceding
paragraph is not written in Chinese or English, a Chinese translation shall be enclosed. For
any applicant that fails to enclose the Chinese translation, the competent authority shall
notify such applicant to supplement necessary documents within the required timeframe.
Failing to supplement within the required timeframe shall be deemed as failing to apply for
write-offs.
Article 47
Provisions in the “Regulations for Issuing Distant Water Fisheries Catch Certificates”
shall apply, mutatis mutandis, for the cancellation and re-issuance of southern bluefin
tuna Catch Monitoring Form.
Chapter IX Supplementary Provisions
Article 48
In the event that southern bluefin tuna caught in the current fishing year is accidentally
damaged such that it is unfit for sale, the distant water fisheries operator shall, within
15 days after the occurrence of the damage, notify the cause of damage in writing through
the Tuna Association to the competent authority.
Article 49
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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