| Legislative： |
The full text of 13 articles promulgated on 19 January 2017 by the
Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1051338791A.
Article 3 and 13 amended and promulgated on 12 November 2020
by the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1091336921. |
| Content： |
Article 1
These regulations are established pursuant to Article 12, paragraph
3 of the Act for Distant Water Fisheries (hereinafter referred to
as “the Act”).
Article 2
Manners of fisheries cooperation are categorized as follows:
(1)Acquiring the right to operate fishing vessel(s) in the exclusive
economic zone of a foreign country with the payment of access fee;
or
(2)Engaging in fisheries operation in the exclusive economic zone of
a foreign country by means of chartering fishing vessel(s) of the
Republic of China to person(s) of that foreign country.
Article 3
In case of any of the following circumstances, the competent authority
shall deny the approval of fisheries cooperation:
(1)The country with which the fishing vessel(s) of the Republic of
China engages in fisheries cooperation is incapable of controlling
and managing foreign fishing vessels fishing in the waters under
its national jurisdiction;
(2)The country with which the fishing vessel(s) of the Republic of China
engages in fisheries cooperation is listed on the illegal, unreported,
and unregulated (IUU) fishing non-cooperating countries list by other
countries, international fisheries organizations, or other economic
integrated organizations; or
(3)The country with which the fishing vessel(s) of the Republic of China
engages in fisheries cooperation is subject to a letter of
identification for more than 2 years by other countries, international
fisheries organizations, or other economic integrated organizations.
The list of the country as referred to in subparagraph (1) of the
preceding paragraph shall be promulgated by the competent authority.
In case that the country as referred to in subparagraph (3) of paragraph 1
signs with the Republic of China an agreement or memorandum of
understanding concerning cooperation in combating IUU fishing, and
conducts joint port inspections with the competent authority or exchanges
data on port inspections with the competent authority, the competent
authority may approve the fisheries cooperation with such a country.
Article 4
In case that the country with which the fisheries cooperation is engaged
has designated the port(s) for landing or transshipment, one of the
following conditions shall be met:
(1)The foreign country concerned shall reach an agreement with the
Republic of China with respect to any of the following matters:
i.The foreign country concerned agrees to provide its report(s) on
inspecting fishing vessel(s) of the Republic of China; or
ii.The foreign country concerned agrees with inspections conducted by the
personnel dispatched by the Republic of China in ports of such foreign
country, or inspections conducted jointly, and exchange of related
information.
(2)The scheme of inspections conducted by an independent third party has
been established in the foreign country concerned.
The independent third party as referred to in subparagraph (2) of the
preceding paragraph means any of the following institutions recognized by
the competent authority:
(1)For Japan:
i.Shinken Corporation.
ii.Nippon Kaiji Kentei Kyokai, Incorporated Association.
(2)For areas excluding Japan: any verifying institution which obtains the
accreditation for management system certification from the Taiwan
Accreditation Foundation (TAF).
Article 5
Taking into consideration the policy of fisheries development and the
national interests, the competent authority may designate non-profit
organization(s) or fishery association(s) on behalf of the fishing
industry to conduct negotiations with foreign countries on matters
related to rights and obligations such as the number of fishing vessel(s)
engaging in fisheries cooperation, fee, fishing days, fishing area(s), or
regulations to be complied with.
Article 6
Any distant water fisheries operator that applies for fisheries cooperation
shall, before the fishing vessels entering into the exclusive economic zone
of the foreign country concerned, fill in the application form and submit
it with the following documents to the competent authority for approval:
(1)A copy of valid distant water fisheries permit;
(2)A copy of the permission for fisheries cooperation issued by the foreign
country concerned;
(3)A letter of guarantee to repatriate crew members in case of maritime
distress of detainment.
(4)In case that the fisheries cooperation is conducted in accordance with
Article 2, subparagraph (2), a copy of the cooperation agreement or
contract shall be submitted as well.
(5)In case that the fisheries cooperation is negotiated by the non-profit
organization or fishery association with the foreign country concerned,
a copy of the cooperation agreement or contract signed by the non-profit
organization or fishery association and the foreign country concerned
shall be submitted as well.
The application form as referred to in the preceding paragraph shall include
the following:
(1)The country with which the fisheries cooperation is engaged;
(2)The manner of cooperation;
(3)The period of cooperation;
(4)Name(s), CT number(s), type(s), gross tonnage (GT), and number(s) of the
fishing vessel(s) engaged in the fisheries cooperation; type(s) of
fisheries; method(s) of processing catches; and port(s) for landing.
In case that the permission for fisheries cooperation issued by the foreign
country concerned as referred to in paragraph 1, subparagraph (2); or the
cooperation agreement or contract as referred to in paragraph 1, subparagraph
(4) and (5) is not written in Chinese nor English, a Chinese translation
authenticated by public notary shall be submitted.
Article 7
In case of any of the following circumstances, approval of fisheries
cooperation shall not be granted:
(1)The applied fishery type of the fisheries cooperation is not the fishery
type as recorded in the fishing license of the applying fishing vessel.
(2)The distant water fisheries operator is sentenced imprisonment for violating
the Act, the Fisheries Act or the Act to Govern Investment in the Operation
of Foreign Flag Fishing Vessels 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.
(3)The distant water fisheries operator is sentenced to a short-term
imprisonment or criminal fine for violating the Act, the Fisheries Act or the
Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels and
such sentence is not yet executed, not executed completely or 2 years have
not passed since such sentence is executed completely.
(4)The distant water fisheries operator is sentenced to a fine pursuant to the
Act, the Fisheries Act or the Act to Govern Investment in the Operation of
Foreign Flag Fishing Vessels and such fine is not paid completely.
(5)The applying fishing vessel is sentenced to suspension of fishing license
pursuant to the Act or the Fisheries Act, and such sentence is not executed
completely.
Article 8
For any application as referred to in Article 6 that has been examined and
approved by the competent authority, the maximum cooperation period shall be one
year, and shall not exceed the validation period of its fishing license.
The fishing method(s) for the approved fisheries cooperation shall be limited to
that authorized by the foreign country with which the fisheries cooperation is
engaged with.
Article 9
Unless that the foreign country concerned has required fishing vessel(s) to enter
its port(s) for landing or transshipment, the foreign ports for in-port landing or
in-port transshipment conducted by fishing vessel(s) of the Republic of China
engaged in fisheries cooperation shall be limited to the ports designated by the
competent authority.
Article 10
The application and issuance of relevant catch statistical documents for any
fishing vessel engaging in fisheries cooperation shall be conducted in accordance
with the Act and its relevant implementing regulations. For catches from the fishing
vessel engaging in the fisheries cooperation in accordance with Article 2,
subparagraph (2), the competent authority shall not issue Catch Statistical
Documents, Legitimated Catch Certificates, or European Community Catch Certificates.
Article 11
In case of any of the following circumstances, the competent authority shall revoke
the approval of fisheries cooperation:
(1)The foreign country with which the fisheries cooperation is engaged notifies in
written of terminating the fisheries cooperation.
(2)The foreign country with which the fisheries cooperation is engaged is under any
of the circumstances stipulated in Article 3, paragraph 1; or any of the conditions
stipulated in Article 4, paragraph 1 is not met.
(3)The permit issued by the foreign country with which the fisheries cooperation is
engaged is invalid.
(4)Any fishing vessel engaging in fisheries cooperation conducts IUU fishing.
Article 12
In case of continuation of the fisheries cooperation after the period of fisheries
cooperation is expired, re-application for the approval shall be conducted in
accordance with Article 6.
Article 13
These Regulations shall enter into force on January 20, 2017.
Amendments to these Regulations shall become effective on the date of promulgation.
|