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法規名稱(Title) Regulations on the Management of the Crew of Fishing Vessels Ch
公發布日(Date) 2014.09.25
法規沿革(Legislative) 1.Promulgated on February 4, 1974
2.Amended on January 13, 1975
3.Amended on January 21, 1976
4.Amended on March 2, 1976
5.Amended on October 11, 1977
6.Amended on July 12, 1979
7.Amended on December 15, 1981
8.Amended on December 30, 1983
9.Amended on May 20, 1985
10. Amended on July 16, 1987
11. Amended on May 20, 1989
12. Amended on July 29, 1991
13. Amended on July 25, 1992
14. Amended on January 21, 1995
15. Amended on August 20, 1997
16. Amended on November 24, 1999
17. Amended on July 29, 2001
18. Amended on October 15, 2004
19. Amendment to Articles 4, 10, 11, 14, 15, 17, 21, 22 and
addition of Articles 14-1, 14-2, 15-1, 15-2 promulgated on
September 4, 2006
20. Amendment to Appendix 5 of Article 22 promulgated on October
3, 2007
21. Amendment to Articles 14, 14-1, 15, 15-1 ,16 ,17 ,19 ,20 ,21
,23 ,31 and Appendix 1 of Article 10 Article, Appendix 2 of
Article 11 Article, Appendix 5 of Article 22 promulgated on May
22, 2009
22. Amendment to Articles 2, 11, 14, 14-1, 14-2, 15, 15-1, 15-2,
17, 24, 31 and Appendix 1 of Article 10 Article, Appendix 3 of
Article 15, deleted Article 6, and addition of chapter 4-1,
Articles 32-1, 32-2 promulgated on August 10, 2010
23. Amendment to Appendix 3 of Article 15, promulgated on
February 8, 2013
24. Amendment to Articles 8-1, 17-1 promulgated on September 25,
2014
法規內文(Content)

Chapter One General Principles


Article 1  
These regulations (hereinafter "the Regulations") are made
pursuant to Article 12 of the "Fisheries Act".


Article 2  
Terms and phrases used in the Regulations are as follows:
1.Fishing vessels: Any type of vessel registered in the Republic
of China for the purposes of fishery operation.
2.Crew: Any working member on the fishing vessel, including crew
officers and regular fishermen.
3.Crew officer: Any working members on the fishing vessels
holding the position as captain, mate, chief engineer, chief
engineering supervisor, engineering supervisor, and radio
operator.
4.Ordinary fisherman: Regular fisherman other than crew officer.
5.Captain: The one who is in charge of all affairs on the fishing
vessel.
6.Mate: A crew officer on deck in charge of navigation.
7.Chief Engineer: A crew officer who is in charge of the
operation of the vessel's main engines, auxiliary engines, and
electronic devices.
8.Chief Engineering Supervisor: A crew officer who is in charge
of assisting and supervising operations of the engineering
section of the vessel.
9.Engineering Supervisor: A crew officer who is in charge of work
in shifts, operation and maintenance of engineering.
10.Radio Operator: An operator who is in charge of
telecommunications.
11. Fisheries Observer Onboard: Qualified as a crew member on the
vessel, thus assigned by the competent authority of the central
government and has been given tasks of collecting data, auditing
fishery performances, and biological sampling.
12.Length of fishing vessel: The length shall be conceived and
measured according to Article 2 of the "Regulations for
Measurement of Ship".
13.Limited Water refers to the water area within the exclusive
economic zone under the jurisdiction and sovereignty of the
Republic of China.
14.Unlimited Water refers to the water area beyond the Limited
Water.
15.A1 Water: Any water area within the range of high transmission
frequency from coastal broadcast stations.
16.A2 Water: Any water area beyond A1 and within medium
transmission frequency from coastal broadcast stations.
17.A3 Water: Any waters beyond A1 and A2 waters and within the
range of telecommunication from a positioned satellite of the
International Maritime Satellite Organization (INMARSAT).
18.A4 Water: Any water area beyond A1, A2, and A3 waters.


Article 3  
All Fishermen shall hold a Fishing Vessel Crew Identification;
and a Fishing Vessel Officer Certificate shall be held by all
crew officers.


Article 4  
Crew officers' positions and duties shall be performed
accordingly and differed by the overall length of fishing
vessels, power output rate of main engine, water areas in
operation, and types of maintenance as the following:
1. Navigation section:
(A)First Level Captain: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on unlimited
waters;
(B)First Level Mate: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on unlimited
waters;
(C)Second Level Captain: At the service on a fishing vessel which
exceeds 24 meters of length overall operates on limited waters;
(D)Second Level Mate: At the service on a fishing vessel which
exceeds 24 meters of length overall and operates on limited
waters;
(E)Third Level Captain: At the service on a fishing vessel which
exceeds 12 meters but less than 24 meters of length overall;
(F)Third Level Mate: At the service on a fishing vessel which
exceeds 12 meters but less than 24 meters of length overall;
2. Engineering section:
(A)First Level Chief Engineer: At the service on a fishing vessel
which the power of main engine output rate reaches 750,000 watts
or above;
(B)First Level Chief Engineering Supervisor: At the service on a
fishing vessel which the power of main engine output rate reaches
750,000 watts or above;
(C)First Level Engineering Supervisor: At the service on a
fishing vessel which the power of engine output rate reaches
750,000 watts or above;
(D)Second Level Chief Engineer: At the service on a fishing
vessel which the power of main engine output rate is lower than
750,000 watts;
3. Telecommunications section:
(A)Telecommunications operators who serve on board of fishing
vessels equipped with GMDSS radio stations:
(a) Radio Controller: Electronic personnel who serves on board a
fishing vessel, as to conduct on-board maintenance for the
telecommunications devices of the vessel;
(b) Ordinary Operator on duty: Operator who serves on board a
fishing vessel which sails within the A2 water; or serves on a
fishing vessel which sails within the A3 and A4 waters to conduct
shore-based and duplication of equipment maintenance for devices
of the vessel;
(c) Restricted Operator: Operator who serves on board a fishing
vessel which sails in the A1 water.
(B)Telecommunications operators who serve on board the fishing
vessels without GMDSS radio stations:
(a) First Grade Radio Operator: Radio operator who serves on
board a fishing vessel which operates on the unlimited waters;
(b) Second Grade Radio Operator: Radio operator who serves on
board a fishing vessel which operates on the limited waters.


Article 5  
Any fishery operator who employs any foreign fisherman within the
territory of the Republic of China shall apply a foreign
fishermen certificate for that foreigner and meet those
requirements in accordance with the "Employment Service Act" and
its relevant acts and regulations.


Article 6 deleted


Article 7  
A fishing vessel shall retain a name list of crew members and a
set of port entry and exit records.


Article 8  
The municipal/county competent authority may set the standards
for employment and payment of crew members according to local
custom and living standard.
The employers and employees may make contract according to the
standards described in the preceding paragraph; the contract
shall include the following specifications:
1.Name, age, place of birth, address, ID number or other identity
references of the fishermen;
2.Date and location of signing the contract;
3.Calling sign of the fishing vessel;
4.Zone of fishery operation;
5.Position and duty;
6.Payment;
7.Dietary and allowances of benefits;
8.Guidelines for accident and fatality compensation;
9.Termination of contract and other conditions;
10.Valid period of contract;
11.Others.

 

Article 8 - 1  
Any vessel crew who possesses the Fishing Vessel Crew
Identification and has been recruited on board a fishing vessel
flying the flag of other country shall submit relevant
documentations to the central competent authority for recordation
within three months after such recruitment; additionally, the
same procedure shall apply whenever there is a change of the
aforementioned recruitment.
The information necessary for recordation referred to in the
preceding paragraph shall include name of employer, name of
fishing vessel, nationality of fishing vessel, type of fishery,
terms of employment, assumed position and any other relevant
matters.
For vessel crew who had been recruited on board a fishing vessel
flying the flag of other country prior to the amendment and
enforcement of this Article, the application shall be conducted
in accordance with paragraph 1 within 3 months upon the amendment
and enforcement of this Article.

 

CHAPTER 2 Qualification, Training, Issuing of Certificate

Article 9  
Ordinary fishermen shall be limited to a minimal age of 16.
However one may be the exception if he/she is over the age of 15
or has already graduated from junior high school, entitles to
second kinship connection to the partner of fishery
business/owner of the fishing vessel without employment relation,
and serves on board of a fishing vessel which does not exceed 24
meters length overall and operates on the limited water. Crew
officer shall be 18 of age or above.


Article 10  
Physical examination for fishing vessel crews shall only be
conducted and proceeded by the followings:
1.Public hospitals;
2.Teaching hospitals approved by the health competent authority
of central government level;
3.Health centers that are affiliated to health competent
authority in city/municipality/county (city) governments.
For the items of physical examination and the format of the
physical examination certificate are referred in Annex I. The
certificate is valid for 6 months from the date of being issued.


Article 11  
Crews must join in training as it has regulated by the competent
authority of central government level, and type of training are:
1.Basic security training;
2.Professional training for crew officers;
3.In-service professional training.
The training courses aforesaid are designed and set forth by the
competent authority of central government level, as it conforms
to international standards and, may be completed by self
conducting or through mandating public/private or academic
institutes to proceed the training courses.
A surety bond is required hence collected from trainee by the
competent authority of the central government when enroll to
basic security training, as an administrative contract ought to
be made and delivered for the surety bond to be returned, with
the condition that the applicant has already engaged in fishery
practices for over 3 months, begun anytime no later than a year
since the completion of his/her training course.
The application aforesaid of surety bond return shall be only
viable within an 1 year and 3 months period begins from the
completion of the training course; no acceptance if apply in time
of any otherwise.
For the entry requirements and required documentation for
applying training courses of fishing vessel crew officers, are
referred in Annex II.


Article 12  
The crew officers of the navigation unit on a fishing vessel, of
which length overall is 12 meters or above but not exceeding 24
meters, and which has been applied to navigate to and operate in
an unlimited water, shall hold a Fishing Vessel Officer
Certificate for either the First Level Captain or the First Level
Mate.
Any crew officer other than the first grade captain or the first
grade first mate, who wants to serve those positions mentioned in
the preceding paragraph in the navigation unit on a fishing
vessel, shall participate in relevant training on expertise and
be qualified for this end.


Article 13  
The competent authority may call upon all levels of fishermen to
receive training for the purpose of management of fishery; and no
fisherman shall refuse the training.


Article 14  
At the first-time application of the Fishing Vessel Crew
Identification, a completed application form and required
documents as following shall be submitted to the competent
authority at local governments that are authorized and mandated
by central government:
1. 4 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. Personal ID or ARC/Alien Registration Certificate and one
photocopy of either(Personal ID or ARC will be returned after
verification).
3. One copy of declaration to describe not to have conditions
stipulated in Paragraph 1 of Article 20 about not issuing the
Fishing Vessel Crew Identification;
4. One copy of employment contract, verified by local fisherman
associations, except for those without employment relationship
described in Paragraph 1 of Article 9, and crews of the public-
purpose fishing vessels conducting fishing training, circuit
protection, and researches; or fisheries observer who is on
mission assigned by the competent authority of central government
provided with documents that can offer reference for such a
status.
5. One copy of valid crew physical examination certificate issued
by the medical institute stipulated in Paragraph 1 of Article 10;
6. The original copy and one duplicate of the certificate of
completion on basic security training, described in Subparagraph
1 of Paragraph 1, Article 11(the original copy will be returned
after verification);
7. One copy of the agreement and the Personal Seal Registration
of legal representative for minors.
The certificate listed in Subparagraph 6 shall be valid for
application of the Fishing Vessel Crew Identification within 5
months after issuing date. Over 5 years, crews intending to apply
for the Identification shall take the basic security training
stipulated in Subparagraph 1 of Paragraph 1, Article 11 of the
Regulations again and receive the certificate of completion. The
Fishing Vessel Crew Identification is valid for 5 years, and re-
issuing application shall be made within 6 months before the
expiration.


Article 14-1  
For the renewal application of the Fishing Vessel Crew
Identification, a completed application form and required
documents as following shall be submitted to the competent
authority at local governments that are authorized and mandated
by central government:
1. 4 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The original Fishing Vessel Crew Identification;
3. Personal ID or ARC/Alien Registration Certificate with one
photocopy of either.
4. One copy of declaration to describe not to have conditions
stipulated in Paragraph 1 of Article 20 about not issuing the
Fishing Vessel Crew Identification;
5. One copy of valid crew physical examination certificate issued
by the medical institute stipulated in Paragraph 1 of Article 10;
6. The last record of employment alternation registration in the
original service Identification showing state of unemployed , the
applicant shall submit the employment contract verified by local
fisherman associations, except for those crews who are currently
without employing status described in Paragraph 1 of Article 9;
or serving on public-purpose fishing vessels to conduct fishing
training, circuit protection, and researches, or with a status as
Fisheries Observer.


Article 14-2  
In case of the Fishing Vessel Crew Identification would be
expired, and expectably during the period of sailing and
operating in deep seas or foreign waters, as the renewal of the
identification may be applied through providing relevancies that
the authority of central government has permitted for foreign
seafaring, and other documents required by Subparagraph 1 ~4,
Paragraph 1 of Article 14-1, except for those crews of public-
purpose fishing vessels to conduct fishing training, circuit
protection, and researches, or with a status as Fisheries
Observer.
In case of the original Identification could not be provided due
to seafaring or other forceful/irresistible occurrences, the
renewal of the identification may be applied through providing
substitutes such as ID card, ARC/Alien Registration Certificate,
passport, or driving license. The physical examination may be
completed as late within 1 month after landing in Taiwan, or to
provide certificates issued by foreign health/medical institutes,
with verification and approval from embassies and representative
offices of the Ministry of Foreign Affairs, R.O.C.


Article 15  
For applying the Fishing Vessel Officer Certificate, a completed
application form and required documents as following shall be
submitted to the competent authority at local governments that
are authorized and mandated by central government:
1.2 photos in 2-inch size , taken within the recent one year that
should be revealing shoulders and clear facial without wearing
hat;
2.One duplicate of the fishing-vessel crew handbook;
3.One original and duplicated copy of the certificate of the
fishing-vessel crew examination issued by the Examination Yuan,
and the certificate of completion of professional training for
fishing vessel officers issued by the supervising institute of
central government, or other certificates of trainings equal to
those trainings for fishing-vessel officers through review
verification of the supervising institute of central government(
the original copy will be returned after verification);
4.One copy of valid crew physical examination certificate issued
by the medical institute stipulated in Paragraph 1 of Article 10;
5.Other documents for submission or verification, designated by
the supervising institute of central government are referred in
Annex III.
Other certificates of trainings equivalent to those trainings for
fishing vessel officers, described in Subparagraph 3 refer to the
certificate of examination for seafarers issued by Examination
Yuan, the diploma of related departments in maritime colleges, or
the certificate of competency for crews issued by Ministry of
Transportation and Communication, which are reviewed and verified
to be equivalent as the trainings for crew officers by the
supervising institute of central government. The review and
verification guidelines shall be adapted by the supervising
institute of central government.
When applying for the Fishing Vessel Officer Certificate, apart
from submitting the references and documentation required by 1~3,
and have been awarded and holding certificate of examination,
diploma, certificates of trainings, or certificate of competency
that mentioned in the precedent paragraph for more than 5 years,
the applicants shall take the professional training of crew
officers stipulated in Subparagraph 2 of Paragraph 1, Article 11
of the Regulations again and acquire the certificate of training,
expect for those who have already had 1 year of experience of
fishery operation conduct gained from the past 5 years, provided
with documents that can offer reference for such a profile.
The certificate is valid for 5 years, and re-issuing application
shall be made within 6 months before the expiration.


Article 15-1  
For the renewal application of the Fishing Vessel Officer
Certificate, a completed application form and required documents
as following shall be submitted to the competent authority at
local governments that are authorized and mandated by central
government:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The duplicate of the fishing-vessel crew handbook;
3. One copy of valid crew physical examination certificate issued
by the medical institute stipulated in Paragraph 1 of Article 10;
4. The original copy of the certificate;


Article 15-2  
In case of the Fishing Vessel Officer Certificate would be
expired, and expectably during the period of sailing and
operating in deep seas or foreign water. As the renewal of the
certificate may be applied through providing relevancies that the
authority of central government has permitted for foreign
seafaring, and other documents required by the Article 15-1,
except for those crews of public-purpose fishing vessels to
conduct fishing training, circuit protection, and researches, or
with a status as Fisheries Observer.
In case of the original certificate could not be provided due to
seafaring or other forceful/irresistible occurrences, the renewal
of the certificate may be applied through providing substitutes
such as ID card, ARC/Alien Registration Certificate, passport, or
driving license. The physical examination may be completed as
late within 1 month after landing in Taiwan, or to provide
certificates issued by foreign health/medical institutes, with
verification and approval from embassies and representative
offices of the Ministry of Foreign Affairs, R.O.C.


Article 16  
Any person who applies for a Foreign Fisherman Certificate shall
be required for his/her fishery operator to complete then submit
an application form as well as required documents as following
through the local fishery association to the municipal/county
competent authority which is authorized by the central competent
authority:
1. 2 photos in 2-inch size, taken within the recent one year that
should berevealing shoulders and clear facial without wearing
hat;
2. Passport photocopy;
3. Photocopy of the employment permission issued by the Council
of Labor Affairs;
4. Photocopy of a physical examination report issued by a
designated hospital by the Department of Health;
5. Certificates of relevant trainings for qualified position
according to Article 11-1.
Any fishery operator who hires foreign fishermen shall, within
seven days upon obtaining the employment permission issued by the
Council of Labor Affairs, present a photocopy of the permission
to the municipal/county competent authority for reference. After
the foreign fisherman return upon term expiry or dismissal, the
relevant fisherman association shall retrieve the Foreign
Fisherman Certificate and return it to the original issuing
authority.
Term for the Foreign Fisherman Certificate shall not exceed the
term of employment prescribed by the Council of Labor Affairs.


Article 17  
All Crews including Fisheries Observers shall have Fishing Vessel
Crew Identification in held and kept when sail for fishery
operation or observation, and so shall the Fishing Vessel Officer
Certificate to be held and kept by officers. If the certificates
or identification aforesaid are not brought or be back reserved
during punishing period, crews shall not be allowed for working
on the sea. When the aforesaid certificates or identification are
found missing the sufficient information and details or damaged,
a completed application form and required documents as following
shall be submitted for application of re-issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. The original Fishing Vessel Crew Identification, or the
Fishing Vessel Officer Certificate.
If the aforesaid certificate or identification has found been
lost before expiration, a completed application form and required
documents as following shall be submitted for application of re-
issuance:
1. 2 photos in 2-inch size , taken within the recent one year
that should be revealing shoulders and clear facial without
wearing hat;
2. Personal ID or ARC/Alien Registration Certificate, with 1
duplicate of either (Personal ID or ARC will be returned after
verification);
3. Declaration of lost.
When applicants are requesting Identification re-issuance
according to Paragraph 2 and Paragraph 3, and are found
unemployed without employers, the employment contract verified by
local fisherman associations shall be submitted, except for those
crews who are currently without employing status described in
Paragraph 1 of Article 9, or serving on public-purpose fishing
vessels to conduct fishing training, circuit protection, and
researches, or with a status as Fisheries Observer.
The expiration of identification or certificate reissued
according to Paragraph 2 and Paragraph 3 will be the same with
that of original identification or certificate.


Article 17-1
When having confronting the transfer to another fishing vessel,
change of assumed position or termination of employment, the crew
shall apply for the modification registration of the Fishing
Vessel Crew Identification within seven days after the occurrence
of such modification.
When a foreign crew recruited within the territory of the
Republic of China has confronted the transfer to another fishing
vessel, both the former and the new fishery operators shall apply
for the modification registration of his/her Fishing Vessel
Foreign Crew Identification within seven days after the
occurrence of such modification.


Article 18  
Any applicant for an internship on the fishing vessel shall be
processed and applied in the specific name list with others as a
whole, by his school or training institution, to the
municipal/county competent authority, to which the fishing vessel
is registered, and also authorized by the central competent
authority, as to issue an Intern Fishing Vessel Crew
Identification.


Article 19  
Crew officers who are not allowed to operate as ordinary
fishermen on a fishing vessel which measured as 12 meters and
above in hull length, if the following conditions have been
applying:
1.Crew officers whose certificate has currently been withdrawn
due to penalties, and has not yet completed the proceeding.
2.Crew officers who have been under the condition of revocation
or cease-apply (discard) of his or her certificate for less than
2 years.


Article 20  
The following conditions, if any of them has applied, the crew
will be denied from the renewal application and issuance of
Fishing Vessel Crew Identification or Fishing Vessel Officer
Certificate:
1.A crew, who is currently having sentences enforcing; sentences
unaccomplished; or is wanted by the court/judicial authorities.
One may be the exception, if he/she has been granted the
permission of seafaring, during the period of probation/reprieve,
by the order of court/prosecutor's office.
2.A crew, whose Fishing Vessel Crew Identification or Fishing
Vessel Officer Certificate has been revoked by the laws for less
than two years. As the competent authority may seek assistance
from the justice and police authorities to examine whether a
crew's profile and conditions has been applicable to sub-
paragraph 1 mentioned above.


Article 21  
The Fishing Vessel Officer Certificate, issued prior to the
amendment of the Regulations which was promulgated on the 29th of
June 2001, shall be replaced by new certificate. Applicants of
new certification must provide documentation required, which
offers reference of experiences in engaging fisher operation for
long as a period of 1 year any time within the past 5 years, or 3
months of such an experience gained in the past 1 year. The
application process and documents essential for submission are
referred in Annex IV.

 

CHAPTER 3 Fishermen Assignment, Responsibility, Working Terms

Article 22  
The least personnel assigned for various levels of crew officers
is referred to Annex V.


Article 23  
The rank of crew officers described in Article 4 are presented as
follows:
1.Navigation section: First Level Captain, First Level First
Mate, Second Level Captain, Second Level Mate, Third Level
Captain, Third Level Mate;
2.Engineering section: First Level Chief Engineer, First Level
Chief Engineering Supervisor, First Level Engineering Supervisor,
Second Level Chief Engineer;
3.Telecommunications section:
(A) GMDSS Station:Radio Controller, Ordinary Operator on-duty,
Restricted Operator on-duty;
(B) Non-GMDSS Station: First Grade Radio Operator, Second Grade
Radio Operator.
Any personnel mentioned in the preceding paragraph, who holds a
higher ranking position, may take a lower ranking position.
Lower ranking crew officers at Navigation and Engineering
sections may perform as a proxy for a higher ranking position, if
his/her fishery operator has reported the matter and therefore
gained approval from the central or municipal/county competent
authorities. The period of deputation shall not be exceeding 3
years. An experienced fisherman may apply by the fishery operator
to the municipal/county competent authority and receive an
approval to act as a proxy Third Level Captain, Third Level First
Mate, or Second Level Chief Engineer, with a cumulative term not
exceeding two years.
The experienced fishermen mentioned in the preceding paragraph
means any fisherman with an age of 20 or above, who does not
operate on a raft nor a sampan, and with at least one of the
following conditions:
1.Having served on a fishing vessel with length overall of less
than 12 meters for three years;
2.Having served on a fishing vessel with length overall of more
than 12 meters but less than 24 meters for two years;
3.Having served on a fishing vessel with length overall of more
than 24 meters for one year.


Article 24  
The captain is responsible for the safety and management of the
whole fishing vessel and is in charge of the following tasks:
1.To supervise and to direct all fishermen in navigation and
fishery operation; in case of more than two fishing vessels
operating as a group in the same fishery operation, captains of
the subsidiary fishing vessels are under the command of captain
of the main fishing vessel;
2.To select fishing ground, to decide operation location, and to
instruct fishing techniques;
3.To use and maintain fishing gears, navigational and capturing
equipments;
4.To have the full knowledge of the fishing vessel's structure
and functions; and at all time to oversee safety checks; upon a
leave, the captain shall transfer the knowledge and property of
the fishing vessel and relevant records to the successor;
5.To proceed with immediate rescue when other fishing vessels
calling for help, unless one’s fishing vessel itself is in
danger;
6.To keep well all legal proofs and documents pertaining to the
fishing vessel;
7.To keep entry of and examine the logbook at all times;
8.To supervise and assess interns;
9.To faithfully record in the logbook the cause, timing, and
location of the following circumstances and have it sent to the
navigation administration and fishery competent authority at the
port at which the fishing vessel arrives first:
(A) This fishing vessel encountered maritime distress and danger;
(B) To discover other fishing vessels in collision or maritime
distress;
(C) To rescue vessels or persons in maritime distress;
(D) To penalize fishermen due to his faults;
(E) Any fisherman who is missing, dead, harming others or
disseminating contagious disease;
(F) Other important matters.
10.To make a maritime report according to Article 66 of the
Shipmen Act;
11. To provide Fisheries Observers sufficient and necessary aids
to complete their assigned missions.
12.Anything requests by the competent authority.
The First Mate of the fishing vessel, if any, is responsible for
the tasks mentioned in Subparagraph 3 of the preceding Paragraph.


Article 25  
The First Mate is under the captain's order to instruct at the
wheel, to manage deck affairs and to supervise all levels of the
navigation staffs in various operation and internship activities.
In case the captain dies or cannot carry out his responsibility
during navigation and in the absence of a successor, the highest
ranking first mate shall act as the proxy for the captain.


Article 26  
The Chief Engineer is under the captain's order to supervise all
affairs in the engineering section and is in charged of the
following responsibilities:
1.To manage, use, and maintain the engines;
2.To examine all parts of the machinery both before leaving a
port and after arriving at a port;
3.To supervise engineering staffs to repair when such repairing
is possible;
4.To examine all parts of machinery and their various functions,
report to the captain, and record into the engineer's logbook if
the fishing vessel is in collision or grounded;
5.To have the full knowledge of, and to keep record of the
engine's various functions; upon a leave, the chief engineer
shall transfer the knowledge of the engine functions and records
to the successor;
6.To supervise and assess interns in the engineering section;
7.To faithfully record in the engineer's logbook the cause,
timing, and location of the following circumstances and have it
sent through the captain to the navigation administration and
fishery competent authority at the port at which the fishing
vessel arrives first:
(A) The engines experience major malfunction or the engine room
encounters major accidents;
(B) To provide or take from other fishing vessels any fuel or
auxiliary machinery during the rescue mission;
(C) Other important matters relevant to the engineering section.


Article 27  
The First Level Chief Engineering Supervisor and First Level
Engineering Supervisor are under the First Level Chief Engineer's
order to supervise engineering section staffs in various
machinery operations and to train interns; If the First Level
Chief Engineer cannot carry out his responsibilities for any
reasons, the First Level Chief Engineering Supervisor shall act
as proxy for the First Level Chief Engineer.


Article 28  
The Radio Operator is under the captain's order to be responsible
of all telecommunications and is in charge of the following
tasks:
1.To take care of communication equipment, plain and secret code,
and relevant documents and legal decrees on communications;
2.To listen to broadcast on weather report and fishing
conditions, record and report to the captain at all times.;
3.Report fishing vessel's position to the coastal station;
4.To communicate with designated agency units within prescribed
time duration;
5.To abide by relevant legal decrees on communication;
6.To report to the captain for further instruction, and to
faithfully record in the logbook of telecommunications, when
encountering the following circumstances:
(A) Having received rescue signals from other vessels;
(B) Having received instructions on navigation from coastal
station;
(C) Having received emergency notification from other units;
(D) Having received telegrams on worse weather conditions;
(E) Having received notification from coastal station or other
vessel station, which might affect the fishing vessel's safety;
7.Any instant orders the captain gives;
8.The Radio Operator shall not communicate with any non-
designated units, unless, for any operation and navigation safety
reasons, under the captain's instruction or approval, due to an
emerging need to communicate with other coastal station or vessel
platform;
9.Other important matters.
Any fishing vessel that does not assign a Radio Operator on board
shall have a crew officer who has received relevant training on
telecommunications to act as the proxy.


Article 29  
The ordinary fisherman shall obey the captain's and crew
officer's supervision and direction for various operations.


Article 30  
All fishermen shall obey relevant regulations of international
standards when being on duty of navigation, engineering, and telecommunications.


CHAPTER 4 Fishermen Works

Article 31  
The fishermen shall not commit the following behaviors:
1.to illegally conduct fishery or engage in illegal fishing
activities during fishery operation;
2.to apply twice, to use counterfeit, or to lend the Fishing
Vessel Crew Identification or Fishing Vessel Officer Certificate;
3.to join a collective slowdown and strike or to intentionally
sabotage the fishing vessel or fishing gears;
4.to be absent from post or delay to return to the vessel upon
the expiry of vacation;
5.to lack cooperation or to demand unreasonable payment that
cause other vessel to suffer from disaster or kidnapping;
6.to poach other country's economic waters during operation, or
to fish in a water area specifically prohibited by the
Regulations of the competent authority or to intentionally
capture marine organisms that are protected by regulations of the
competent authority;
7.to evade, undermine, or refuse mission conducts by Fisheries
Observers.
8.other activities that violate relevant laws or this
Regulations.


Article 32  
Crew officer shall faithfully record on fishing areas, fishing
results, sea conditions, and relevant fishery surveys on a daily
basis according to the Regulations.

 

CHAPTER 4-1Fisheries Observers’ Assignments and Duties

Article 32-1
The competent authority of the central government may assign
Fisheries Observers to conduct the following tasks on fishing
vessels:
1. To audit authenticity of the data and information provided by
the Captain commanding the fishing vessel in operation.
2. To audit whether the fishing vessel in operation is in
compliance with laws and regulations or not.
3. To be instructed by the order to collect data and biological
samples.
4. To report relevant information as being instructed by the
order in specific time and means including emergency when occurs.
5. Other tasks assigned to.
Fisheries Observers’ tasks and missions described above may be
profiled as experiences of Navigation section.


Article 32-2
All fishers shall provide Fisheries Observers necessary living
supports, medical of fishing vessel crews equivalent, as Captains
and crews are obligated in aiding and co-operating with Fisheries
Observers sustainable to complete their tasks and missions.

 

CHAPTER 5 Addendum

Article 33  
When necessary, the central competent authority may require the
municipal/county competent authority to process the retrieval of
Fishing Vessel Crew Identification or Fishing Vessel Officer
Certificate.


Article 34  
The formats of Fishing Vessel Crew Identification, Fishing Vessel
Officer Certificate, guarantee statement, and application forms
mentioned herein the Regulations are to be prescribed by the
central competent authority.


Article 35  
The Regulations shall enter into force on the date of
promulgation.

圖表附件(Attachments)