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Chapter I General Principles
Article 1
These Regulations are hereby 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)
“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)
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 conducts the transshipment of catches from tuna longline 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.
Article 3
Fishing vessels proceeding to the Atlantic Ocean to catch highly migratory species such as, tunas, billfishes, sharks, skipjack, or mahi mahi shall be limited to tuna longline fishing vessels of
100 Gross Tonnage (GT) and above. The area of the Atlantic Ocean is as shown in Appendix 1.
“Regulations for Fishing Vessels Conducting Southern Bluefin Tuna Fishery” shall also be applied to any tuna longline fishing vessel catching southern bluefin tuna.
Article 4
Tuna longline fishing vessels proceeding to the Atlantic Ocean for fishing operation are categorized, in accordance with the catch species, into the following groups and fishing areas, which are
as shown in Appendix 2 and 3:
(1)
Bigeye tuna group: targeting bigeye tuna. The fishing area is north of 25°S to south of 25°N.
(2)
North albacore tuna group: targeting north Atlantic albacore tuna. The fishing area is north of 10°N and west of 45°W, and north of 5°N, excluding the Mediterranean Sea.
(3)
South albacore tuna group: targeting south Atlantic albacore tuna. The fishing area is south of 10°S
Any tuna longline fishing vessel shall fish only within the fishing area(s) permitted by the competent authority.
Article 5
Limits on the number of tuna longline fishing vessels fishing in the Atlantic Ocean are as follows:
(1)
Bigeye tuna group: the number of fishing vessels is limited to 56.
(2)
North albacore tuna group: the number of fishing vessels is limited to 8.
(3)
South albacore tuna group: the number of fishing vessels is limited to 30.
Article 5-1
Any tuna longline fishing vessel shall not stay at sea for more than ten consecutive months. The duration may be extended for two months with the consent of the competent authority, provided that
there is a cause of force majeure or insufficient berths in port that leads to failing to enter port within the required timeframe. Such extension shall be permitted for one time only.
For any tuna longline fishing vessel that does not enter port before these Regulations are promulgated on 6 June 2022, its days at sea before 1 January 2022 are not counted in the duration as referred
to in the preceding paragraph.
Chapter II Application and Issuance of the Distant Water Fisheries Permit
Article 6
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 Atlantic Ocean in the following year shall fill in
the application form, formats of which are as shown in Appendix 4 and 5, in accordance with types of fishing vessels and groups () 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 or Lloyd’s Register (LR) number.
(2)
The color photograph of the fishing vessel no older than three years. The photograph must show a stem-to-stern side view of the vessel; clearly and legibly display the vessel
name and international radio call sign; be in the form of a single electronic file and have a resolution of at least 150 pixels per inch at a size of 6 by 8 inches; and be no greater than 500 kilobytes (kB) in size.
(3)
The document certified by the commissioned professional institution that the automatic location communicator (ALC) on board the fishing/catching 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/catching can normally transmit
catch data.
(5)
The vessel tracking agreement form serving as an authorization allowing the competent authority and the international fisheries organization to track vessel positions. He/She
who has provided such form shall be exempted from this provision.
(6)
The document proving the last port entry or departure of the fishing vessel.
Article 7
Any fishing vessel that applies for the distant water fisheries permit for the following year shall meet Article 5-1 and any of the following conditions:
(1)
For bigeye tuna group:
i.
It belongs to the bigeye tuna group in the current year with the competent authority’s approval.
ii.
It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the bigeye tuna group.
(2)
For north albacore tuna group:
i.
It was approved by the competent authority, before 30 November 2014, as the fishing vessel of the north albacore tuna group.
ii.
It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel approved by the competent authority, before 30 November 2014, as the fishing
vessel of the albacore tuna group.
(3)
For south albacore tuna group:
i.
It belongs to the south albacore tuna group in the current year with the competent authority’s approval.
ii.
It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the south albacore tuna group.
Article 8
For the application of the distant water fisheries permit of the following year, the documents prescribed in Article 6 shall be submitted in accordance with the following procedures and deadline:
(1)
For any distant water fisheries operator that is a member of the Taiwan Deep Sea Tuna Boat-owners and Exporters Association (hereinafter referred to as “Tuna Association”),
it shall apply to the Tuna Association before October 15 of the current year, which shall compile the applications in accordance with the groups for delivery to the competent authority before October 31 of the current year.
(2)
For any distant water fisheries operator that is not a member of the Tuna Association, he/she shall apply to the competent authority before October 31 of the current year.
(3)
For any distant water fisheries operator of carrier vessel(s) of the Republic of China, he/she shall apply to the competent authority before October 31 of the current year.
Article 9
The distant water fisheries operator who has obtained the distant water fisheries permit of bigeye tuna group may apply for the approval from the competent authority to fish in the north albacore
tuna fishing area or the south albacore tuna fishing area from April to September of the current year. To continue fishing in the north or south albacore tuna fishing area after the expiry of the allowed period, an application for extending the period, the
maximum of which shall not exceed 31 December of the current year, may be made.
Article 10
In the event that the number of fishing vessels obtaining the distant water fisheries permits of the north albacore tuna group does not reach the limit of the current year, the competent authority
may announce in due course to accept applications from the fishing vessel(s) which has obtained the permit of south albacore tuna group, notwithstanding the application deadline prescribed in Article 8.
In the event that the number of applying fishing vessels as referred to in the preceding paragraph exceeds the limit, the Tuna Association shall draw lots to decide the priority in an equitable
and impartial manner and deliver the list of vessel priority to the competent authority for approval.
Article 11
In case of any of the following conditions, the distant water fisheries operator may submit the documents prescribed in Article 6 and apply for the distant water fisheries permit from the competent
authority, notwithstanding the application deadline prescribed in Article 8:
(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 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 12
A certificate of distant water fisheries permit will be issued to the application of 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, 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); and
(6)The IMO ship identification number or LR number.
The distant water fisheries operator shall place onboard the fishing vessel a carbon copy of the valid distant water fisheries permit in case of inspection.
Article 13
Any tuna fishing vessel intending to interchange the groups or fishing Oceans shall apply for the application to the competent authority.
In the event that a tuna longline fishing vessel intends to change the group or fishing Ocean with other fishing vessel, the following provisions shall be met:
(1)
Distant water fisheries operators of both vessels are members of the Tuna Association;
(2)
Both vessels have the valid certificates of distant water fisheries permits;
(3)
The fishing vessel intending to change to the bigeye tuna group shall be equipped with ultra-low temperature devices, and its distant water fisheries operator has made a guarantee
letter to assume the duty from the original fishing vessel of bigeye tuna group to pay the reimbursement of the vessel reduction program;
(4)
For any fishing vessel intending to change to the north albacore tuna group, there shall be no other vessel in the list of vessel priority to fill in the vacancy in accordance
with Article 10 in the current year; and
(5)
The penalty of suspending the fishing license has been completely executed.
For any fishing vessel approved to change the group or fishing Ocean, documents shall be provided to prove the fish holds have been emptied and the certificate of the distant water fisheries permit
originally issued shall be returned for the issuance of the new certificate of distant water fisheries permit after the change of fishing Ocean or group.
Chapter III Fishing Vessel and Fishing Gear markings
Article 14
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 15
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 6.
Article 16
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 starboard 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.
Article 17
Fishing gear(s) of any tuna longline fishing vessel shall be equipped with signal flags, radar reflector buoys or other similar devices so as to identify the position(s) and fishing
area(s).
Chapter IV Fishing Gears and Methods, and Mitigation Measures for Incidental Catch
Article 18
For any tuna longline 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.
Article 19
Any tuna longline fishing vessel shall carry on board the line cutter, de-hooker and scoop/dip net, formats of which and the instructions are as shown in Appendix 7, to release incidentally caught
seabirds and sea turtles.
Article 19-1
For any tuna longline fishing vessel fishing in the Atlantic Ocean with the majority of hooks at a depth shallower than 100 meters, one of the following
mitigations measures shall be used:
(1) Large circle hooks; or
(2) Fishes except for Cephalopods species used as baits.
The large circle hooks as referred to in the preceding paragraph are hooks that are above 3 inches and are circular or oval in shape. The point is turned perpendicularly
back to the shank. These hooks shall have an offset not to exceed 10 degrees.
Article 20
Any tuna longline fishing vessel fishing in the Atlantic Ocean shall use the seabird mitigation measures, specifications of which are as shown in Appendix 8, in accordance with the following provisions:
(1)
Any fishing vessel fishing in the area south of 20°S to 25°S shall use tori lines during fishing,
and shall carry on board at least one spare set.
(2)
Any fishing vessel fishing in the area south of 25°S shall, in addition to tori lines, use weighted branch lines.
Chapter V Catch Limits or Quotas
Article 21
For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “fish species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the
Act means bigeye tuna, north Atlantic albacore tuna, south Atlantic albacore tuna, north Atlantic swordfish, south Atlantic swordfish, blue marlin, south Atlantic shortfin mako, and white marlin/roundscale spearfish.
Article 22
The annual total catch quota (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions) of the Republic of China in the Atlantic Ocean and the quota for
individual tuna longline fishing vessel shall be promulgated by the competent authority in accordance with the 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 tuna longline 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 January 1 to December 31 of the current year.
The total remaining quota of the current year in the Atlantic Ocean may be arranged by the competent authority.
Article 22-1
The allowed annual individual vessel quota of a tuna longline fishing vessel shall not exceed the limitations set out as follows:
(1)
Bigeye tuna group: 400 metric tons of bigeye tuna.
(2)
North albacore tuna group: 600 metric tons of north Atlantic albacore tuna.
(3)
South albacore tuna group: 700 metric tons of south Atlantic albacore tuna.
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 23
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the tuna longline fishing vessel.
For any tuna longline fishing vessel that has not obtained the distant water fisheries permit of the entire year, the quota shall be granted in accordance with the percentage that the number of
month(s) approved accounts for the whole year. Notwithstanding such provision, in the event that the ownership of any tuna longline 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 year, the unused individual vessel quota allowed for 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 individual vessel quota allowed for the tuna longline fishing vessel concerned in the current year:
(1)
Loss of the vessel, or the damage of the vessel that renders the fishing operation impossible for the current year. However, the quota received from other vessel(s) will not
be retrieved.
(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 24
The catch amount of the fish species with catch limit for any tuna longline fishing vessel shall not exceed the allowed individual vessel quota for the current year. In case of excess, the allowed
annual quota of such fishing vessel for the following year(s) shall be deducted accordingly until the amount exceeded is fully deducted.
In the event that the catch amount of the fish species with catch limit of any tuna longline fishing vessel has reached 90% of the allowed individual vessel quota, the competent authority may order
such vessel to stop catching the concerned species by a deadline.
Article 25
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 tuna longline fishing
vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the tuna longline fishing vessel which has been granted the quota; or shall deduct the quota allocated for the following year in the event that the quota of
the current year is unable to be retrieved from the vessel:
(1)
The tuna longline fishing vessel is punished by the competent authority of the suspension of the fishing license for one month and above.
(2)
The tuna longline 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 such 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 26
For any tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 13, its individual vessel quota for the remaining period of its permit
shall be the remaining allowed individual vessel quota of that other vessel, and shall not exceed the limits as stipulated in Article 22-1, paragraph 1.
Article 27
In the event that the following requirements are met, the bigeye tuna quota of a fishing vessel of the bigeye tuna group may, through the coordination of the Tuna Association which reports to the
competent authority for approval, be transferred to other fishing vessel(s) of the bigeye tuna group:
(1)
The bigeye tuna quota of the receiving fishing vessel shall not exceed the limit as stipulated in subparagraph (1) of Article 22-1, 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 Actin 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.
In the event that any fishing vessel of the bigeye tuna group has transferred accumulated 30 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for one month in the current
year; for the transfer of accumulated 60 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the start and end dates of the period and the berthing location shall be specified at the
time when applying for the approval of transferring quota from the competent authority. In case that a fishing vessel does not meet the provisions as stipulated in the preceding paragraph, the competent authority may deny the application of quota transfer,
or revoke the approval already granted.
Article 28
In the event that the following requirements are met, the albacore tuna quota of a fishing vessel of the north albacore tuna group or the south albacore tuna group may, through the coordination
of the Tuna Association which reports to the competent authority for approval, transfer to other fishing vessel(s) of the same group:
(1)
The albacore tuna quota of the receiving fishing vessel shall not exceed the limit as stipulated in subparagraph (1) of Article 22-1, 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.
In the event that any fishing vessel of the north or south albacore tuna group has transferred accumulated 30 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for
one month in the current year; for the transfer of accumulated 60 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the start and end dates of the period and the berthing location shall be specified at the
time when applying for the approval of transferring quota from the competent authority.
In case that a fishing vessel does not meet the provisions as stipulated in the preceding paragraph, the competent authority may deny the application of quota transfer, or revoke the approval
already granted.
Article 29
The competent authority may, depending on the catch amount of each species in the current year, reallocate the total remaining quota of the
Atlantic Ocean.
The re-allocated quota acquired in accordance with the preceding paragraph shall not be transferred.
Article 30
The competent authority may, after May of each year, announce the additional quota that can be applied for in accordance with the groups of tuna longliner fishing vessels.
For the application of the additional quota as referred to in the preceding paragraph, the catch amount of the fishing vessel shall reach 80% of the allowed individual vessel quota.
In case that, with the additional quota applied pursuant to the preceding paragraph, the allowed individual vessel quota exceeds the limits as stipulated in Article 22-1, paragraph 1, the competent
authority will not grant the part of the quota that exceeds the limit.
The additional bigeye tuna, north Atlantic albacore tuna, and south Atlantic albacore tuna quota acquired in accordance with paragraph 1 shall not be transferred.
Article 31
The competent authority may grant premium quota to the
tuna longline 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.
Article 32
For any fishing vessel of the bigeye tuna group
that obtains the permit to fish in the north albacore tuna fishing area or the south albacore tuna fishing area pursuant to Article 9, the competent authority shall allocate, in accordance with the number of months approved, 33.3 metric
tons of north or south Atlantic albacore tuna quota per month to individual vessel, and the bigeye tuna quota of such vessel shall be deducted by 10 metric tons per month which will be retrieved by the competent authority for arrangement.
Chapter VI Management of Vessel Position Reporting
Article 33
The ALC on board shall be maintained functional at all time, whether at sea or in port.
The ALC onboard any tuna longline fishing vessel or carrier vessel of the Republic of China 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. The competent authority may subsidize
depending on the financial situation of the government.
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 34
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 paragraph 1 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 35
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 36
The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC four times consecutively. In the event
that the ALC is signal-lost for three consecutive days, it is deemed as mal-function.
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 format of the facsimile is as shown in Appendix 9.
The transmit of vessel positions as referred to in the preceding paragraph shall be every four hours for any
tuna longline fishing
vessel and carrier vessel of the Republic of China.
For any fishing vessel with spare set of ALC on board, it shall report to the competent authority of using the spare set during the mal-function of the ALC. 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 37
In the event that the
ALC onboard is
deemed as signal-lost 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 personnel dispatched by the competent authority, and the 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 37-1
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 33 to 37 shall apply to such vessel.
Chapter VII Logbooks and Catch Reports
Article 38
In the event that any
tuna longline 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. 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.
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 five 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 E-logbook system
as referred to in the preceding paragraph shall be borne by the
distant water
fisheries operator.
Article 39
Any fishing vessel that catches albacore tuna, swordfish, or shortfin mako shall fill in fishing locations in the E-logbook system and logbooks. In case that the fishing location is
north of 5°N, such catch shall be deemed as north Atlantic albacore tuna, north Atlantic swordfish, or north Atlantic shortfin mako. In case that the fishing location is south of 5°N, such
catch shall be deemed as south Atlantic albacore tuna, south Atlantic swordfish, or south Atlantic shortfin mako.
In case that catch is deemed as north Atlantic shortfin mako in accordance with the preceding paragraph, such catch shall be disposed in accordance with Article 42, paragraph 2.
Article 40
Any tuna longline fishing vessel shall not catch southern bluefin tuna without permission, and in case of bycatch, the fishing vessel shall immediately discard such catch and record the amount of
discard on the logbooks and E-logbook system.
In the event that the allowed individual vessel quota of the fish species with catch limit is exhausted, any tuna longline fishing vessel shall immediately discard any subsequent catch of such species
and shall record the amount of discard on the logbooks and the E-logbook system.
Article 41
Any tuna longline fishing vessel catching the following fish species shall immediately discard into the sea and shall not retain on board. The amount of discard shall be recorded on
the logbooks and the E-logbook system:
(1)
Atlantic bluefin tuna;
(2)
Swordfish in the entire Atlantic Ocean less than 15 kilograms, or in alternative, less than 119 centimeters lower jaw fork length (LJFL)
Article 42
In case that any tuna fishing vessel finds any sea turtle during fishing operation, such vessel shall, where practicable, bring aboard any comatose or inactive sea turtle as soon as possible, and
foster its recovery and return it to the sea at once after recovery.
Any seabird, sea turtle, whale shark, cetacean, penguin or prohibited species promulgated by the competent authority incidentally caught by any tuna fishing vessel shall be released when caught
alive or discarded dead, and the number(s) be duly recorded on the logbooks and the E-logbook system.
Article 42-1
Any porbeagle shark, blue marlin, Atlantic sailfish, south Atlantic shortfin mako, and white marlin/roundscale spearfish caught by any tuna fishing vessel shall be released when caught
alive and the number(s) released as well as the weight be duly recorded on the logbooks and the E-logbook system.
Retention is allowed, provided that the fish species as referred to in the preceding paragraph are dead. The number(s) retained as well as the weight shall be duly recorded on the logbooks
and the E-logbook system. In the event that the allowed individual vessel quota of these fish species, except for porbeagle sharks and Atlantic sailfish, is exhausted, any tuna longline fishing vessel shall immediately discard any subsequent catch of such
species and shall record the amount of discard on the logbooks and the E-logbook system.
From 1 January 2025, any fishing vessel that retains south Atlantic shortfin mako shall have an observer or electronic monitoring system on board to verify the condition of sharks.
Article 43
Any fish species of no economic value or no utilizing value caught by any tuna fishing vessel shall be released immediately, and number(s) discarded shall be duly recorded on the logbooks and the
E-logbook system.
For any tuna longline fishing vessel to discard any spoiled catch, the competent authority shall be notified, in advance of the discard, of the species, amount, and fishing period, and proving documents
shall be provided for examination after the discard.
In case that the catch discarded pursuant to the preceding paragraph is fish species with catch limit, the amount discarded shall be counted as the amount of the quota used.
Article 44
The datum reported through the E-logbook system shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.
Article 45
The complete logbooks shall be maintained on board any tuna longline fishing vessel for at least one year.
Article 46
The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any tuna longline fishing vessel and the actual landing amount shall not exceed the following margins:
(1)
For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna: 10% of the actual landing amount.
(2)
For north Atlantic swordfish, south Atlantic swordfish or blue marlin: 15% of the actual landing amount.
(3)
For white marlin/roundscale spearfish: 15% of the actual landing amount.
(4)
For yellowfin tuna: 20% of the actual landing amount.
(5)
For sharks and other species: 25% of the actual landing amount.
In case that the discrepancy exceeds the ratio as referred to in the preceding paragraph, whereas the following provisions are met, the competent authority, at its discretion, may deem such situation
as non-misreporting:
(1)
For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, the discrepancy is less than two metric tons.
(2)
For north Atlantic swordfish, south Atlantic swordfish or blue marlin, the discrepancy is less than one metric ton.
(3)
For white marline/roundscale spearfish, the discrepancy is less than one metric ton.
(4)
For yellowfin tuna, the discrepancy is less than four metric tons
(5)
For sharks and other species, the discrepancy is less than six metric tons.
The discrepancy as referred to in subparagraphs (1) and (2) of the preceding two paragraphs shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding
two paragraphs shall be calculated by combining the two species. The discrepancy as referred to in subparagraph (5) of the preceding two paragraphs shall be calculated by sharks and other species respectively.
Article 47
Any of the following conditions shall be defined as “seriously misreporting” as referred to in subparagraph (12) of Article 13, paragraph 1 of the Act:
(1)
For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, 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 north Atlantic swordfish, south Atlantic swordfish or blue marlin, the discrepancy between the catch amount recorded in the E-logbook and the actual landing
amount exceeds 1.5 metric tons as well as 20% of the actual landing amount.
(3)
For white marlin/roundscale spearfish, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds 1.5 metric tons
as well as 20% of the actual landing amount.
(4)
For yellowfin tuna, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds four metric tons as well as 50% of
the actual landing amount.
(5)
For sharks and other species, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds six metric tons as well as
50% of the actual landing amount.
The discrepancy as referred to in subparagraphs (1) and (2)
of the preceding paragraph shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding paragraph shall be calculated by combining the two species. The discrepancy as referred to in subparagraph (5) of the preceding
paragraph shall be calculated by sharks and other species respectively.
Chapter VIII Management of Shark Catch
Article 48
For any tuna longline fishing vessel employing freezing method to preserve its shark catches, shark fins shall be naturally attached or tied to the carcass. The fins and carcass that are tied together
shall be of the same shark.
Article 49
(Deleted)
Article 49-1
Tuna longline fishing vessels shall fully utilize the shark catch, which shall not be discarded
except the head, guts and skins.
Chapter IX The Designation and Management of Ports for Transshipment or Landing
Article 50
Any tuna longline fishing vessel intending to conduct transshipment or landing at a domestic port or a foreign port located in the Atlantic Ocean shall be limited to the ports stipulated in Appendix 10.
Any fishing vessel with the distant water fisheries permit to fish in the Pacific or Indian Ocean applying for landing or transshipping in the ports located in the Atlantic Ocean as referred to
in the preceding paragraph shall apply for the authorization from the competent authority 14 days before the fishing vessel enters into the port.
For the landing or in-port transshipment approved by the competent authority to be conducted in
Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41 of Kaohsiung Port, the landing or in-port transshipment may be conducted at
any of these ports within the timeframe approved.
Article 51
Any carrier vessel intending to transship catches from tuna longline fishing vessel(s) 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 carrier list of the International Commission for the Conservation of the Atlantic Tunas (hereinafter referred to as
“ICCAT”), and has been installed with the ALC which meets the standards specified by the competent authority. At least one position shall be sent hourly to the
commissioned professional institution.
Article 52
Any carrier vessel of the Republic of China shall not transship with, refuel or supply any fishing vessel not listed in the authorized fishing vessel list of ICCAT, or any fishing vessel that has altered its name or registration number.
Article 53
In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catches from tuna longline 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.
Article 54
Any carrier vessel intending to conduct transshipment at sea shall receive an observer in accordance with the ICCAT regional observer program to conduct observation mission on board. For any carrier
vessel intending to conduct transshipment in port, it shall receive the observer designated by the competent authority to conduct observation mission on board
The distant water fisheries operator whose tuna longline fishing vessel(s) conduct transshipment at sea on the Convention Area shall share the cost for the implementation of the ICCAT regional observer
program.
Article 55
For any carrier vessel intending to transship at sea, its (distant water fisheries) operator shall submit the transshipment plan and relevant
information (as shown in Appendix 11) and apply to the competent authority 15 days before the at-sea transshipment for approval. In case that the last day for filing the application is a day-off, the application shall be made on the working day before the
day-off.
Any foreign carrier vessel shall, with the enclosure of relevant information as shown in Appendix 11, apply to the competent authority for
approval before conducting the transshipment in port with any tuna longline fishing vessel for the first time in the current year.
In case of any addition to the list of the tuna longline 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 tuna longline fishing vessel(s) may only be conducted after the approval has been granted. Any application
submitted after the prescribed deadline shall be denied.
Article 56
In case of any of the following circumstances, the application of in-port transshipment or the transshipment plan as referred to in Article 55shall be denied:
(1)
The carrier vessel concerned does not meet the requirements stipulated in Article 51;
(2)
Three years have not passed since the carrier vessel concerned was listed in the non-cooperative carriers list, or one year has not passed since the carrier vessel was listed
on the non-cooperative carriers list for not submitting the Transshipment Declaration to the competent authority within the required timeframe, in violation of Article 61; or
(3)
The fine for violating the Act imposed on the carrier vessel has not been paid completely.
Article 57
Any tuna longline fishing vessel or carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment.
Any transshipment of south Atlantic shortfin mako shall be prohibited.
Any (distant water fisheries) operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the
Transshipment Notification and submit it to the competent authority in accordance with the following prescribed timeframe, and
the format of the
Transshipment Notification is as shown in Appendix
12:
(1)
For at sea transshipment: no later than three working days before the estimated date for transshipment.
(2)
For in port transshipment: no later than three days before the estimated date for transshipment. In case that the last day for filing the application is a day-off, the application
shall be made on the working day before the day-off.
Fishing vessels and carrier vessels approved by the competent authority to conduct transshipment may transship the catch within seven days starting from the date approved to conduct transshipment.
Notwithstanding, in case of any of the following circumstances, the transshipment may be conducted within 11 days:
(1)
For at-sea transshipment: an observer of the ICCAT regional observer program is onboard the carrier vessel to observe the operation.
(2)
For in-port transshipment: the activity takes place in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin
Fishing Harbor, or Wharf No. 41 of Kaohsiung Port.
For any transshipment not being able to be conducted within the timeframe as referred to in the preceding paragraph, the (distant water fisheries operator) or the captain concerned may apply for
the change of transshipment date before the end of the timeframe, and the transshipment shall only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.
Article 58
For any tuna longline fishing vessel or 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)
For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, the discrepancy between the amount to be transshipped and the catch amount reported through the
E-logbook system exceeds 10% of the latter.
(4)
For north Atlantic swordfish; south Atlantic swordfish; blue marlin; or white marline/roundscale spearfish, the discrepancy between the amount to be transshipped and the catch
amount reported through the E-logbook system exceeds 15% of the latter.
(5)
For yellowfin tuna, the discrepancy between the amount to be transshipped and the catch reported through the E-logbook system exceeds 20% of the latter.
(6)
For sharks and other species, the discrepancy between the amount to be transshipped and the catch reported through the E-logbook system exceeds 25% of the latter.
For any tuna longline fishing vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority may not authorize such vessel to
transship at sea:
(1)
For the catches to be transshipped, it is suspected that the vessel applying for the transshipment has operated within the water under the jurisdiction of any other country
without valid authorization.
(2)
Any of the following infractions found by the competent authority or the independent third party or reported by observers of ICCAT regional observer program have not been improved:
i.
No valid fishing license on board.
ii.
No logbook as designated by the competent authority on board.
iii.
Any vessel marking that is not marked in accordance with Article 14 to 16.
(3)
The
Transshipment Notification as referred to in Article 56, paragraph 2 is not filled in completely.
The amount to be transshipped as referred to in subparagraphs (3) and (4) of paragraph 1 shall be calculated by each
species, except for white marline/roundscale spearfish which shall be calculated altogether. The amount to be transshipped as referred to in subparagraph (6) of paragraph 1 shall be calculated by sharks and other species respectively.
Article 59
In the event that the catch of any tuna longline 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 57 shall apply.
Article 60
The tuna longline fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 57 shall not conduct the transshipment in the event that the ALC on board is signal-lost
and has not been repaired.
Article 61
For any transshipment in the Atlantic Ocean or the transshipment of any catch taken from the Atlantic Ocean conducted by a carrier vessel,
the ICCAT Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the ICCAT Secretariat, with a copy to the competent authority. The format of the ICCAT Transshipment Declaration is as shown
in Appendix 13.
The distant water fisheries operator or the captain of any tuna longline fishing vessel shall, within five working days after the completion of transshipment, submit the ICCAT Transshipment Declaration
to the competent authority.
Article 62
For any tuna longline 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 14), 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 day-off, the application shall be made on the working day before the
day-off:
(1)
For the landing conducted by a tuna longline 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 tuna longline fishing vessel with the catch subsequently transported by commissioning a container vessel, the distant water fisheries operator
or the captain of such tuna longline 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 tuna longline fishing vessel shall submit it no later than three days before the estimated
date for landing.
Tuna longline fishing vessels approved by the competent authority to conduct landing may land the catch within seven days starting from the date approved to conduct landing. For any fishing vessel
that is under the circumstances as stipulated in Article 50, paragraph 3, or any fishing vessel that lands in Shimizu port of Japan, the landing may be conducted within 11 days.
For any landing not being able to be conducted within the timeframe as referred to in the preceding paragraph, the distant water fisheries operator or the captain concerned may apply for the change
of landing date before the end of the timeframe, and the landing shall only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.
Any tuna longline fishing vessel that is approved to be chartered for the fisheries cooperation with a foreign country may land at the port(s)
of such a foreign country when operating in the water thereof, in accordance with the manner approved by such country.
Article 62-1
For any tuna longline 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 tuna longline
vessel shall, no later than three days before the container vessel’s port entry, notify the competent authority the time of port entry and the name of the port.
Article 63
Upon the completion of landing of any tuna longline fishing vessel, the following person(s) shall fill in and submit to the competent authority
the Landing Declaration, format of which is as shown in Appendix 14, by the prescribed deadline:
(1)
For the landing conducted by a tuna longline fishing vessel, its distant water fisheries operator or captain shall submit the Declaration within ten working days after the completion
of landing.
(2)
For the landing conducted by a tuna longline fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator
of such longline vessel shall submit the Declaration within ten 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 tuna longline fishing vessel shall submit the Declaration within ten working days after
the completion of landing by the carrier vessel.
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 64
For any tuna longline fishing vessel that lands or transships at foreign ports, permission documents for landing or transshipment issued from
the port State concerned shall be enclosed when submitting landing declaration(s) or transshipment declaration(s).
In the event that the port State concerned doesn’t have regulations which provide that permission documents shall be applied for landing or
transshipment, documents proving the whereabouts of catches and containing the information on species and catch amount such as the bill of landing, certificate of storage, invoice and details of trade deal shall be submitted.
Article 65
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 verification of the catch landed or transshipped.
The distant water fisheries operator or captain of any 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 66
The distant water fisheries operator of any tuna longline fishing vessel shall, within 60 days after the completion of landing, submit sales or inventory information to the competent authority.
The sales information shall at least include buyer(s), fish species and quantities.
Article 66-1
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 36 of the Act:
(1)
Any carrier vessel engaging in transshipment evades, obstructs, or refuses to have the observer onboard; or refuses to receive the observer designated by the competent authority
to conduct observation mission on board, in violation of Article 54, paragraph 1.
(2)
Any transshipment is conducted without approval, in violation of Article 57, paragraph 1.
(3)
Any transshipment is conducted not within the approved timeframe, in violation of Article 57, paragraph 3. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph
(2) of this Article are not subject to this provision.
(4)
Any landing is conducted without approval, in violation of Article 62, paragraph1.
(5)
Any landing is conducted not within the approved timeframe, in violation of Article 62, paragraph. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph
(5) of this Article are not subject to this provision.
(6)
Any inspection for verification of the catch is evaded, obstructed, or refused, in violation of Article 65, paragraph 1; or the requirements as stipulated in Article 65, paragraph
2 are not complied with.
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 41 of the Act:
(1)
Any carrier vessel of the Republic of China transships with, refuels, or supplies any fishing vessel not listed in the authorized fishing vessel list of ICCAT or any fishing
vessel that has altered its name or registration number, in violation of Article 52.
(2)
In the event of the following situations for any fishing vessel or carrier vessel that is under the circumstances stipulated in the proviso clause of Article 57, paragraph 3:
i.
At-sea transshipment is conducted not within the timeframe approved; or
ii.
In-port transshipment is conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor,
or Wharf No. 41 of Kaohsiung Port after the timeframe approved.
(3)
Transshipment is conducted when the ALC on board is signal-lost and has not been repaired, in violation of Article 60.
(4)
The Transshipment Declaration is not submitted before the deadline, in violation of Article 61.
(5)
In the event of the following situations for any fishing vessel or carrier vessel that is under the circumstances stipulated in the proviso clause of Article 62, paragraph 3:
i.
Landing is conducted in
Shimizu port of Japan not within the timeframe approved; or
ii.
Landing is conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41
of Kaohsiung Port, after the timeframe approved.
(6)
The Landing Declaration is not submitted before the deadline, in violation of Article 63.
Chapter X Observation and Inspection during Fishing Operations
Article 67
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 fishing vessel matters related to the cooperation with or assisting the observer in carrying out the duties.
Article 68
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 provision stipulated in the preceding 3 subparagraphs.
(7)
The captain shall sign on the record(s) 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 69
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.
Article 69-1
In the event that an observer dies or the search and rescue are ceased for a missing observer fallen overboard, the fishing vessel shall immediately cease fishing operations, and the competent authority
shall order such vessel to navigate directly to the port designated by the competent authority for investigation.
In the event that an observer suffers from a serious illness or injury that threatens his or her health or safety, the fishing vessel shall immediately cease fishing operations and facilitate the
disembarkation of the observer for appropriate medical treatment.
In the event that an observer is assaulted, intimidated, threatened, or harassed, the competent authority may order such vessel to immediately cease fishing operations and navigate to the designated
port within the required timeframe.
Chapter XI Special Management Measures for High Risk Fishing Vessels
Article 70
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 71
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 VII.
(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 72
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.
Article 72-1
For the purpose of these Regulations, the catch amount is the unprocessed round weight.
The conversion factors between the weights of processed fish and round fish are as shown in Appendix 15.
Article 72-2
For any fishing vessel stranded or damaged on the high seas or in the EEZ of other country and thus affecting navigation or berthing of other vessels or at the risk of ocean pollution, the concerned
distant water fisheries operator shall take necessary action(s). The competent authority may require he/she who fails to do so to take action(s) within a timeframe
Chapter XII Supplemental Provisions
Article 73
Any tuna longline fishing vessel shall not fish within one nautical mile off a data buoy, or take on board, possess or cause damage to the data buoy.
In case that the fishing gear becomes entangled with the data buoy, the entangled fishing gear shall be removed with as little damage to the data buoy as possible.
In case of finding any data buoy that is damaged or non-functional, the captain shall report to the competent authority the date, location, and the identifying information on the data
buoy.
Article 74
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 75
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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