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法規名稱(Title) Act for Distant Water Fisheries Ch
公發布日(Date) 2016.07.20
法規沿革(Legislative) The full text of 47 Articles promulgated on July 20, 2016 by
Presidential Order Hua-Tsung (1) Yi-Tzu No. 10500079291.
法規內文(Content) Chapter I: General Principles
 
Article 1 
This Act is enacted to ensure the conservation of marine 
fisheries resources, strengthen distant water fisheries 
management, curb illegal, unreported, and unregulated 
(hereinafter referred to as IUU) fishing, and improve 
traceability of catches and fisheries products, so as to promote
the sustainable operation of distant water fisheries.
 
Article 2 
Matters related to distant water fisheries shall be governed by 
this Act. Matters not stipulated in this Act shall be governed 
by the Fisheries Act.
 
Article 3 
The competent authority of this Act shall be the Council of 
Agriculture, Executive Yuan.
 
Article 4 
Terms used in this Act shall be defined as follows: 
(1) “Fishing” means activities of searching for, attracting, or 
catching marine fisheries resources, transshipping/transporting, 
landing, storing , processing or packaging catches or fisheries 
products, or providing supply. 
(2) “Fishing vessel” means any vessel that conducts fishing. 
(3) “Distant water fisheries” means using any fishing vessel to 
conduct fishing in the high seas or in internal waters, 
territorial seas and the exclusive economic zones of other 
countries (hereinafter referred to as “waters under national 
jurisdictions of other countries”). 
(4) “Marine fisheries resources” means marine living resources 
that can be utilized in fisheries.
(5) “Distant water fisheries operator” means any person that 
operates distant water fisheries. 
(6) “Distant water fisheries employee” means any crew member of 
a fishing vessel and any other person that catches, lands or 
transships catches or fisheries products for any distant water 
fisheries operator. 
(7) “Industry related to distant water fisheries” means relevant 
industry that engages in the processing, transporting, storing, 
purchasing, selling, selling on assignment, or export trade. 
(8) “International fisheries organization” means any 
international fisheries management organization or regional or 
sub-regional fisheries management organization established in 
accordance with international conventions, treaties or 
agreements in which the Republic of China participates. 
(9) “Conservation and management measures” means Recommendations
or Resolutions that are adopted by international fisheries 
organizations and are in force and binding to conserve and 
manage marine fisheries resources. 
(10) “Transshipment at-sea” means transferring catches or 
fisheries products from a fishing vessel or a vessel to another 
fishing vessel or vessel in waters outside of port areas. 
(11) “Transshipment in-port” means transferring catches or 
fisheries products from a fishing vessel or a vessel to another 
fishing vessel or vessel in waters inside of port areas. 
(12) “Landing in-port” means landing catches or fisheries 
products in waters inside of port areas. 
(13) “Observer” means any person dispatched by the competent 
authority, international fisheries management organizations, or 
countries which the fisheries cooperation is engaged with to 
conduct observation, verification, data collection, sampling and 
other relevant missions on board any fishing vessel. 
(14) “Illegal fishing” means fishing activities: 
i. conducted by national or foreign fishing vessel in waters 
under the jurisdiction of a State without the permission of that 
State, or in contravention of its laws and regulations;
ii. conducted by any fishing vessel flying the flag of States 
that are parties to a relevant international fisheries 
organization, but operate in contravention of conservation and 
management measures adopted by that organization and by which 
the Stares are bound, or relevant provisions of the applicable 
international law; or 
iii. in violation of national laws or international obligations, 
including those undertaken by cooperating States to a relevant 
international fisheries organization. 
(15) “Unreported fishing” means fishing activities:
i. that have not been reported or have been misreported to the 
relevant national authority, in contravention of national laws 
and regulations; or 
ii. undertaken in the area of competence of a relevant 
international fisheries organization and that have not been 
reported or have been misreported in contravention of the 
reporting procedures of that organization. 
(16) “Unregulated fishing” means fishing activities:
i. in the area of application of a relevant international 
fisheries organization that are conducted by fishing vessels 
without nationality, or by those flying the flag of a State not 
party to that organization, or by a fishing entity, in a manner 
that is not consistent with or contravenes the conservation and
management measures of that organization; or 
ii. in areas or for fish stocks in relation to which there are 
no applicable international conservation and management measures 
and where such fishing activities are conducted in a manner 
inconsistent with State responsibilities for the conservation of 
living marine resources under international laws . 
(17) “Flag State” means the State whose flag a vessel flies or 
is entitled to fly. 
(18) “Exclusive Economic Zone” means the sea are contiguous to 
the outer limits of the territorial sea and to a distance 
measuring outwardly 200 nautical miles from the baseline of the 
territorial sea.
 
Article 5 
The competent authority shall, taking reference with 
international conventions, treaties, agreements and conservation 
and management measures, draw up and promulgate national plans 
of actions on the following matters with the pre-cautionary 
principle, ecosystem based approach and the best available 
scientific advice: 
(1) Conservation, management, utilization and maintenance of 
maximum sustainable yield (MSY) of marine fisheries resources. 
(2) Measures in response to the change of marine fisheries 
resources and marine ecosystem. 
(3) Goals for sustainable operation, development strategies and 
implementing steps for distant water fisheries. 
(4) Measures to balance the fishing capacity and the marine 
fisheries resources. 
(5) Measures to guide, assist and subsidize the distant water 
fisheries operators, distant water fisheries employees and the 
industry related to distant water fisheries in response to the 
structure adjustment of the distant water fisheries.
(6) Establishment of a system of supervision and management of 
distant water fisheries and training of human resources.
(7) Training of human resources for the distant water fisheries 
and development of relevant technologies and equipment. 
(8) Cooperation with other countries and international fisheries 
organizations. 
(9) Prevention, deterrence and elimination of IUU fishing. 
(10) Other matters necessary for effective control and 
management of distant water fisheries.
 
Chapter II: Distant Water Fisheries Permit and Management
Article 6 
Any person with the nationality of the Republic of China who 
intends to engage in distant water fisheries shall obtain the 
fishing license pursuant to the Fisheries Act and apply to the 
competent authority for the issuance of distant water fisheries
permit. 
 
Regulations on the qualifications for application, terms and 
conditions, required documents, application procedure, period, 
the total allowable numbers, tonnages or fish hold capacities of 
fishing vessels, the total allowable catches, conditions for 
revocation, and other requirements of the distant water 
fisheries permit referred to in preceding paragraph shall be 
prescribed by the competent authority.
 
Article 7 
In case that any applicant referred to in Article 6, paragraph 1 
has any of the following circumstances, the issuance of the 
distant water fisheries permit shall be denied: 
(1) A person is declared incompetent or limited capacity;
(2) A person is subject to the order of the commencement of
guardianship or assistance, and such order is not yet revoked; 
(3) A person is declared bankrupt and having not yet resume 
his/her rights; 
(4) A person is sentenced imprisonment for violating this Act, 
the Fisheries Act or the Act to Govern Investment in the 
Operation of Foreign Flag Fishing Vessels and such sentence is 
not yet executed, not executed completely, or is on probation 
whose period is not yet expired, or 2 years have not passed 
since such sentence is executed completely, on probation which 
is expired, or pardoned; 
(5) A person is sentenced to a short-term imprisonment or 
criminal fine for violating this Act, the Fisheries Act or the 
Act to Govern Investment in the Operation of Foreign Flag 
Fishing Vessels and such sentence is not yet executed, not 
executed completely or 2 years have not passed since such 
sentence is executed completely; 
(6) A person whose fishing vessel is sentenced to revocation or 
withdrawal of fishing license pursuant to this Act or the 
Fisheries Act and 2 years have not passed since such sentence is 
executed completely; 
(7) The fishing vessel that applies for the distant water 
fisheries permit is sentenced to a fine pursuant to this Act, 
the Fisheries Act or the Act to Govern Investment in the 
Operation of Foreign Flag Fishing Vessels and such fine is not 
paid completely; 
(8) The fishing vessel that applies for the distant water 
fisheries permit is sentenced to suspension of its fishing 
license pursuant to this Act or the Fisheries Act, and such 
sentence is not executed completely.
 
Article 8 
In any of the following circumstances, the competent authority 
shall deny the issuance of the distant water fisheries permit. 
For the distant water fisheries permit that has been issued, the 
competent authority shall adjust, limit, or revoke: 
(1) The restriction placed by conservation and management 
measures is changed;
(2) In responses to the conclusion as a result of consultation 
between the Republic of China and other countries or 
international fisheries organizations; 
(3) The fishing vessel is subject to a voluntary or interim 
conservation and management measure adopted by an international 
fisheries organization under establishment; 
(4) The country with which the fishing vessel engages in 
fisheries cooperation is incapable of controlling and managing 
foreign fishing vessels fishing in the waters under its national 
jurisdiction.
(5) The country with which the fishing vessel engages in 
fisheries cooperation is listed on the IUU fishing 
non-cooperating countries list or is subject to a letter of 
identification for more than 2 years by other countries, 
international fisheries organizations, or other economic 
integrated organizations;
(6) Where it’s necessary for the management of marine fisheries 
resources.
 
Article 9 
Any fishing vessel of distant water fisheries shall be installed 
with vessel monitoring system (hereinafter referred to as VMS) 
and electronic logbook system (hereinafter referred to as 
E-logbook) before leaving ports. 
 
Regulations on the management and guidance of the VMS and 
E-logbook referred to in the preceding paragraph, the electronic 
navigational chart and monitoring center shall be prescribed by 
the competent authority.
 
Article 10 
Any fishing vessel of distant water fisheries shall comply with 
conservation and management measures and international standards 
for fishing on the high seas.
 
The competent authority shall prescribe regulations on the 
following matters with respect to the conservation and 
management measures and international standards for fishing on 
the high seas referred to in the preceding paragraph:
(1) Fishing areas and periods; and prohibited fishing areas and 
periods;
(2) Fishing gears, methods, and mitigation measures for bycatch; 
(3) Restriction(s) or prohibition(s) on catch species; 
(4) Limit on or quota of catch quantities;
(5) Filling in and submission of logbooks and catch reports; 
(6) Marking of fishing vessels and fishing gears, and reporting 
of vessels positions; 
(7) Disposal of catches; 
(8) Designation and management of ports for landing or 
transshipping;
(9) Observation or inspection of fishing vessels operation; 
(10) Issuance of catch certificate documents; 
(11) Open and transparent management of data related to fishing 
vessels and fishing; and 
(12) Other matters concerning management of fishing vessels 
operation.
 
Regulations on the matters referred to in the preceding 
subparagraphs shall be periodically reviewed in accordance with 
the needs of distant water fisheries operation.
 
Article 11 
Any fishing vessel of distant water fisheries shall not conduct 
transshipment in-port or at-sea or landing in-port without 
authorization of the competent authority. 
 
The competent authority may dispatch personnel or commission 
professional institution(s) to conduct on-site inspection on the 
operations referred to in the preceding paragraph which shall 
not be refused, evaded, or obstructed.
 
Regulations on the qualifications for application, terms and 
conditions, required documents, application procedures, matters 
to be reported and the reporting procedure of transshipment 
at-sea or in-port or landing in-port, inspection, conditions for 
revocation and other requirements of the authorization referred 
to in paragraph 1 shall be prescribed by the competent authority.
 
Article 12 
Any fishing vessel shall not enter into waters under national 
jurisdictions of other countries for fishing. Notwithstanding 
this provision, for any fishing vessel that has obtained 
authorization from other countries and has been approved by the 
competent authority of the Republic of China to engage in 
fisheries cooperation may fish in the exclusive economic zones 
of other countries. 
 
Distant water fisheries operators and distant water fisheries 
employees of any fishing vessel referred to in the preceding 
paragraph shall comply with the terms and conditions for 
approval of the competent authority and relevant regulations of 
the country that the fisheries cooperation is engaged with, and 
shall not evade, obstruct or deny the inspection conducted by 
the country that the fisheries cooperation is engaged with. 
 
Regulations on the qualifications for application, terms and 
conditions, required documents, application procedures, validity 
of approval, conditions for revocation of approval, items of 
fisheries activities, manners of cooperation, and other 
requirements of the approval referred to in paragraph 1 shall 
be prescribed by the competent authority.
 
Article 13 
Any person with the nationality of the Republic of China shall 
not conduct any of the following serious infringements:
(1) Conducting distant water fisheries without the fishing
license or the distant water fisheries permit referred to in 
Article 6, paragraph 1, or conducting distant water fisheries 
during the period of the execution of suspension of the fishing 
license;
(2) Leaving ports without installing VMS or E-logbook system 
onboard fishing vessels, in violation of Article 9, paragraph 1;  
(3) Conducting transshipment at-sea, in-port or landing in-port 
without the authorization of the competent authority, in 
violation of Article 11, paragraph 1;
(4) Engaging in fisheries cooperation without the approval of 
the competent authority in violation of Article 12, paragraph 1, 
and fishing in waters under national jurisdictions of other 
countries;
(5) Falsifying, altering or concealing Chinese/English vessel 
name, names of registry port, CT numbers, or international radio 
call sign; 
(6) Intentionally causing the VMS to misreport vessels positions 
or rendering VMS non-functional when fishing;
(7) Continuing catching species with catch limit when the total 
catch of such species of the fishing vessel has exceeded 20 
percent of the quota allowed by the competent authority pursuant 
to the regulations prescribed in accordance with subparagraph 
(4) of Article 10, paragraph 2;
(8)  Fishing in prohibited fishing areas or periods; 
(9) Using fishing gears prohibited by the competent authority;
(10) Engaging in fishing activities that are not authorized by 
the competent authority;
(11) Fishing for, retaining, transshipping, landing or selling 
prohibited species; 
(12) Not submitting or filling in logbooks or catch reports, in
violation of the regulations prescribed in accordance with 
Article 10, paragraph 2, or seriously misreporting logbooks or
catch reports;
(13) Refusing, evading, or obstructing any observer dispatched 
by the competent authority, the international fisheries 
organization or the country that the fisheries cooperation in 
engaged with for carrying out his/her observing duties;
(14) Refusing, evading, or obstructing any inspection referred 
to in Article 11, paragraph 2; Article 12, paragraph 2; Article 
16; Article 17, paragraph 1; or Article 25, paragraph 1; or any 
audit conducted pursuant to the regulations prescribed in 
accordance with Article 25, paragraph 4;
(15) Falsifying, altering, destroying or concealing evidence 
related to violation of this Act;
(16) Providing catch certificate documents of a fishing vessel 
for the use of catches of other fishing vessel(s), or using 
catch certificate documents of other fishing vessel(s) for 
selling catches caught by itself; 
(17) Falsification or alteration of catch certificate documents, 
using catch certificate documents not issued to the catch 
concerned, or intentionally using catch certificate documents 
that are falsified or altered to sell catches or fisheries 
products;
(18) Participating in joint fishing with, transshipping with or 
supplying any fishing vessel listed on the IUU fishing vessel 
lists of the international fisheries organizations or stateless 
vessel;
(19) Trading (purchasing, selling, marketing, etc.) or 
processing catches or fisheries products with the knowledge that 
such catches or fisheries products originate from any of the 
following circumstances:
i. Any circumstances as stipulated in subparagraph (1) to the 
preceding subparagraph of this Article; or
ii. Catches are caught by any fishing vessel listed in the IUU 
fishing vessel lists of the international fisheries 
organizations. 
 
The prohibited fishing periods and areas referred to in 
subparagraph (8), the prohibited fishing gears referred to in 
subparagraph (9), the prohibited species referred to in 
subparagraph (11) and the IUU fishing vessel lists referred to 
in subparagraph (18) and item ii of subparagraph (19) of the 
preceding paragraph shall be promulgated by the competent 
authority.
 
Article 14  
In addition to the serious infringements stipulated in Article 
13, paragraph 1, any person with the nationality of the Republic 
of China shall not engage in or support IUU fishing, either. 
 
In the event that a person with the nationality of the Republic 
of China hired on board any foreign flagged fishing vessel is 
suspected to be involved in IUU fishing referred to in the 
preceding paragraph, the competent authority shall, without 
prejudice to the sovereignty of the flag State, take 
appropriate measures to prevent IUU fishing. 
 
The competent authority shall cooperate with international 
fisheries organizations or other countries to prevent and deter 
any person with the nationality of the Republic of China from 
engaging in or supporting IUU fishing.
 
Article 15 
For the fisheries management or for the submission of relevant
data of individual fishing vessel to relevant international 
fisheries organizations, the competent authority may request the 
distant water fisheries operators, distant water fisheries 
employees or data holders to provide information on catch 
quantities, fishing area(s), fishing period(s), fishing gear(s), 
fishing method(s), vessel positions, operational level data, 
transshipment, landing, selling and other relevant information. 
Distant water fisheries operators, distant water fisheries 
employees or data holders shall not refuse such request.
 
Article 16 
The competent authority or the Coast Guard Administration may, 
pursuant to their mandates, dispatch personnel to inspect 
fishing vessel(s), catches and fisheries products, fishing 
gear(s), account books and other objects, as well as to 
question distant water fisheries operators, distant water 
fisheries employees or data holders who shall not refuse, evade 
or obstruct such request.
 
Article 17 
Any fishing vessel fishing on the high seas shall accept the 
boarding and inspection conducted by the inspectors designated 
by the countries that conduct reciprocal high seas boarding and 
inspection with the Republic of China or inspectors from 
vessels designated by international fisheries organizations, 
and distant water fisheries operators and employees shall not 
evade, obstruct, or refuse. 
 
The international fisheries organizations or countries that 
conduct reciprocal high seas boarding and inspection with the 
Republic of China and the names and registration number of the
designated vessels referred to in the preceding paragraph shall 
be promulgated by the competent authority.
 
Article 18 
In the event that sufficient and concrete evidence indicates a 
fishing vessel being involved in any serious infringement as 
stipulated in Article 13, paragraph 1, the competent authority 
shall order such fishing vessel to stop fishing and navigate to 
the designated port within the required timeframe for further 
inspection. 
 
The expense incurred from fishing vessel navigating, entry into 
port, inspection and other activities referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator concerned.
 
Article 19 
The competent authority shall immediately conduct inspection 
upon the fishing vessel entering into the designated port in 
accordance with paragraph 1 of the preceding Article, and shall 
complete the investigation within 30 days upon such vessel 
entering into the port. If necessary, the period for the 
investigation may be extended for once and shall be limited to 
30 days. 
 
The fishing vessel concerned shall not leave the designated port
before the competent authority completes the investigation 
pursuant to the preceding paragraph.
 
Article 20 
In case of any of the following circumstances, the fishing vessel 
shall not leave the port:
(1) The fishing vessel whose fishing license is revoked;
(2) The fishing vessel whose fishing license is suspended and is 
still during the period of punishment.
 
In case that any fishing vessel has left the port before the 
suspension or revocation of the fishing license is imposed upon 
it by the competent authority pursuant to Article 35, paragraph
3; Article 36, paragraph 1 and 3; Article 40, paragraph 2; 
Article 41, paragraph 1 and 2; or Article 42, paragraph 3, the 
competent authority shall order such fishing vessel to navigate 
to the designated port within the required timeframe.
 
Article 21 
For any fishing vessel that leaves the port against the 
provisions stipulated in Article 9, paragraph 1; Article 19, 
paragraph 2; and Article 20, paragraph 1, the competent 
authority may commission the Coast Guard Administration to take 
appropriate measures to stop such fishing vessel from leaving 
the port. In case that such fishing vessel resists, the Coast 
Guard Administration may take compulsory measures. For such 
fishing vessel that has left the port, the competent authority 
shall order such fishing vessel to navigate to the designated 
port within required timeframe.
 
Article 22 
Any foreign flagged fishing vessel that intends to enter into 
ports of the Republic of China shall obtain permission from the 
competent authority, in addition to complying with regulations 
of shipping administration, customs, sanitary, immigration, 
inspection, quarantine and coast guard. In case of force majeure 
or in distress, the port entry of such fishing vessel may be 
granted after notification.
 
In any of the following circumstances, fishing vessels referred 
to in the preceding paragraph shall be denied from port entry: 
(1) The fishing vessel is listed on the IUU vessel list of other 
countries, international fisheries organizations, or other 
regional economic integrated organizations; 
(2) The flag State of the fishing vessel is identified as IUU 
fishing non-cooperating country or is subject to a letter of 
identification for more than 2 years by other countries , 
international fisheries organizations, or other regional 
economic integrated organizations;
(3)  The fishing vessel is involved in IUU fishing;
(4) Where there’s written request from the flag State to 
prohibit such fishing vessel from entering into port;
(5) Where such fishing vessel is stateless.
 
Regulations on the qualifications for application, terms and 
conditions, required documents, procedures for application, 
conditions on revocation, advance notification of landing, area 
and time for landing, management and other requirements of the
permission referred to in paragraph 1 shall be prescribed by the 
competent authority.
 
Article 23 
The competent authority may dispatch personnel to the fishing 
vessels referred to in the preceding Article, relevant offices, 
storages, or other sites to inspect the catches or fisheries
products, account books and other objects, as well as to question
any relevant party who shall not refuse, evade or obstruct. If 
necessary, such inspection may be conducted by the competent 
authority together with personnel from the coast guard 
authorities or police authorities. The course of the preceding
inspection shall be recorded and filed for reference.
 
In case that there’s sufficient evidence indicating that the 
fishing vessel has conducted or supported IUU fishing after the 
inspection as referred to in the preceding paragraph, the 
competent authority shall deny such fishing vessel from 
unloading, transshipment, packaging, processing of catches, 
refueling, supplying, maintenance or using other port services,
and prohibit such fishing vessel from leaving the port. 
Notwithstanding this provision, the activities of supplying the 
crew members for maintenance of basic living needs shall be 
exempted. 
 
When carrying out the inspection, the officer referred to in 
paragraph 1 shall produce his/her identification and the 
authorization specifying the scope of inspection. In case that 
the officer fails to do so, the person to be inspected may
refuse such inspection. 
 
Information related to the inspection result referred to in 
paragraph 2 shall be notified to the flag State of the fishing 
vessel concerned, relevant countries and the international 
fisheries organizations by the competent authority.
 
In case that the competent authority has notified pursuant to 
the preceding paragraph and does not receive within 60 days the 
written request from the flag State, relevant countries or 
international fisheries organizations as referred to in the 
preceding paragraph, or agreement is not reached after bilateral 
consultation, it may order such fishing vessel to leave the port 
within required timeframe.
 
Article 24 
In case that any distant water fisheries operator meets one of 
the following conditions, the competent authority shall 
categorize his/her fishing vessels as high risk fishing vessels,
and shall implement special management measures: 
(1) Any serious infringement stipulated in Article 13, paragraph
1,is conducted by the distant water fisheries operator. 
(2) Fines accumulated for over 2 million New Taiwan Dollars 
within 3 years have been imposed upon the distant water
fisheries operator for violating this Act. 
(3) The accumulated period of suspension of the fishing license 
is for more than 3 months for violating this Act, and 3 years 
have not passed since such punishment is executed completely.
 
Regulations on the limit on fisheries cooperation, dispatch of 
observer, reporting frequency of vessel positions, catch 
reporting, landing inspection, transshipment limitation, periods 
of special management, and other requirements provided in the 
special management measures referred to in the preceding 
paragraph shall be prescribed by the competent authority. 
 
In case that the distant water fisheries operator of any high 
risk fishing vessel referred to in paragraph 1 is changed, the 
competent authority shall still implement the special management
measures in accordance with the regulations referred to in the 
preceding paragraph on such fishing vessel.
 
Article 25 
The competent authority may dispatch personnel to the vessels, 
offices, storages or other relevant sites of the industry 
related to distant water fisheries to inspect the catches or 
fisheries products, account books and other objects, as well as 
to question any relevant party who shall not refuse, evade or 
obstruct. If necessary, such inspection may be conducted by the 
competent authority together with personnel from the coast 
guard authority or police authorities. The course of the 
preceding inspection shall be recorded and filed for reference.
 
When carrying out the inspection, the officer referred to in the 
preceding paragraph shall produce his/her identification and the 
authorization specifying the scope of inspection. In case that 
the officer fails to do so, the person to be inspected may 
refuse such inspection. 
 
Industry related to distant water fisheries that intends to 
conduct export trade of catches or fisheries products of distant 
water fisheries shall establish the code of conduct and 
operating procedures for purchase and sales of catches or 
fisheries products and submit to the competent authority for 
prior approval. 
 
Regulations on the qualification of applicants referred to in the 
preceding paragraph, species of catches or fisheries products, 
required documents, conditions for approval and revocation, 
declaration, write-off of sales and audit of purchasing and 
selling, and other requirements shall be prescribed by the 
competent authority.
 
The application of issuance of catch certificate documents shall 
only be conducted by industry related to distant water fisheries 
that has obtained approval to conduct export trade of catches or 
fisheries products of distant water fisheries from the competent 
authority pursuant to paragraph 3. 
 
Regulations on the application procedure, terms and conditions, 
required documents, write-off of sales and other requirements 
shall be prescribed by the competent authority.
 
Article 26 
Any distant water fisheries operator intending to hire abroad 
any foreign crew member shall obtain permission from the 
competent authority. Such hiring shall be done by the distant
water fisheries operator itself or through domestic 
intermediaries or agents (hereinafter referred to as the 
agents). 
 
The agents referred to in the preceding paragraph shall be 
authorized by the competent authority and shall deposit a 
certain amount of guarantee bond.
 
Regulations on the qualification of the foreign crew member, 
conditions for permission, required documents, rights and 
interests of the distant water fisheries operator and the 
foreign crew member, contents of contracts, conditions for 
authorization of the agents, period, management, conditions for 
revocation, rights and interests of the agents and the foreign 
crew members, contents of contracts, management 
responsibilities, the certain amount, submission and refund of 
the security, and other requirements as referred to in the 
preceding two paragraphs shall be prescribed by the competent 
authority.
 
Article 27 
To strengthen the management of distant water fisheries and to 
promote the cooperation with other countries or international 
fisheries organizations, the competent authority shall assign 
and dispatch staff stationed abroad responsible for fisheries.
 
Article 28 
The competent authority shall establish an integrated 
comprehensive information system on distant water fisheries to 
strengthen the management of the distant water fisheries.
 
Article 29
The competent authority may commission professional 
institution(s) to conduct the following matters: 
(1) Providing advice and guidance to the distant water 
fisheries;
(2) Monitoring and management of vessel position; 
(3) Development and management of E-logbook reporting software; 
(4) Collection, statistics, analysis and utilization of catch 
data; 
(5) Transshipment in-port or landing in-port inspection; 
(6) Dispatch of observers; 
(7) Assisting fisheries associations to implement fisheries 
management policy and measures prescribed by the competent 
authority. 
 
Chapter III The Development and Guidance on Distant Water 
Fisheries
 
Article 30
The competent authority shall draw up and implement the distant 
water fisheries development plan.
 
The drawing up of the plan referred to in the preceding
paragraph shall be taken into account the fisheries production,
livelihood of fishermen, and marine ecology so as to develop
the system of sustainable operation of Taiwan distant water
fisheries.
 
Article 31 
For any distant water fisheries operator who intends to conduct 
exploratory fishing to develop new fishing gear(s), fishing 
method(s) or fishing ground(s), such operator shall submit an 
exploratory fishing plan and apply to the competent authority 
for permission. 
 
The competent authority may request the distant water fisheries 
operator referred to in the preceding paragraph to conduct the 
exploratory fishing with the designated research institute. 
 
Regulations on the qualification of the operator, terms and 
conditions, contents of the plan on exploratory fishing, 
conditions for permission, period, conditions for revocation, 
management referred to in paragraph 1 and other requirements 
shall be prescribed by the competent authority.
 
Article 32
The competent authority may assist private sectors to conduct 
the following matters: 
(1) Negotiations related to distant water fisheries or 
conclusion of agreement(s) with other countries, international 
fisheries organizations, or foreign organizations or institutes 
related to fisheries; 
(2) Exchange of international information, technology and human 
resource related to distant water fisheries; 
(3) Standardization of international technology, joint 
researches and cooperation on technology related to distant
water fisheries; 
(4) Holding international academic meetings or exhibitions 
related to distant water fisheries; 
(5) Researches on overseas markets for fisheries products, or 
the dissemination of information related to distant water 
fisheries; 
(6) Training of native or foreign crew members, officers or
observers;
(7) Other international cooperation matters related to the 
distant water fisheries.
 
Article 33 
To encourage distant water fisheries operators to introduce and
implement new technology and new technique related to 
conserving marine ecosystem environment or sustainable operation 
of distant water fisheries, the competent authority may give 
appropriate finical aid depending on the finical situations of 
the government.
 
Article 34 
To promote the development of researches on science and 
technology related to distant water fisheries, the competent 
authority may conduct the following matters: 
(1) International cooperation on researches and assessment on
marine fisheries resources; 
(2) Exploitation of new fishing grounds; 
(3) Researches on marine fisheries biodiversity.
(4) Researches and evaluation on sustainable operation of 
distant water fisheries.
 
Chapter IV Penal Provisions
 
Article 35 
Any offender who commits any of the following violations shall 
be subject to imprisonment of 3 years and under, or in lieu
thereof or in addition thereto a criminal fine of 6 million to 
30 million New Taiwan Dollars: 
(1) Not navigating to the designated port within the required 
timeframe set by the competent pursuant to Article 18, paragraph
1 or Article 20, paragraph 2; or
(2) Navigating the fishing vessel out of the port in violation 
of Article 21, and not navigating to the designated port within 
the timeframe designated by the competent authority. 
 
In case that the representative of the legal person, or agent of 
the legal or natural person, or person hired by the legal or 
natural person, or other persons involved related to the legal 
or natural person commit the violations stipulated in the 
preceding paragraph for performing duties, in addition to 
punishing the offender(s), a fine as referred to in the 
preceding paragraph shall also be imposed upon the legal or 
natural person concerned. 
 
In case that distant water fisheries operators or distant water 
fisheries employees commit, for the first time, any of the 
violations stipulated in paragraph 1, the competent authority 
may suspend fishing licenses of the distant water fisheries
operators for 2 years and under, or revoke fishing licenses. 
In case that the distant water fisheries operators whose fishing 
licenses have been suspended for violating the provisions 
stipulated in paragraph 1 commits, for the second time, any of 
the violations stipulated in paragraph 1, the fishing licenses 
shall be revoked. 
 
The competent authority may impose on any distant water 
fisheries employee that commits, for the first time, any of the 
violations stipulated in paragraph 1 the suspension of the 
Fishing Vessel Crew Identification and the Certificate of
Fishing Vessel Officers for 2 years and under or revocation. In
case that the distant water fisheries employee whose Fishing
Vessel Crew Identification and the Certificate of Fishing Vessel 
Officers have been suspended for violating the provisions 
stipulated in paragraph 1 commits, for the second time, any of 
the violations stipulated in paragraph 1, the Fishing Vessel 
Crew Identification and the Certificate of Fishing Vessel 
Officers shall be revoked. 
 
Article 36 
In case that any distant water fisheries operator or distant 
water fisheries employee commits any of the serious 
infringements stipulated in Article 13, paragraph 1, a fine 
shall be imposed upon the distant water fisheries operator 
concerned in accordance with the following provisions, and the 
fishing license may be suspended for 2 years and under or be 
revoked: 
(1) For fishing vessel 500 Gross Tonnage (GT) and above: a fine 
between 6 million and 30 million New Taiwan Dollars. 
(2) For fishing vessel 100 GT and above, and less than 500 GT: a 
fine between 4 million and 20 million New Taiwan Dollars. 
(3) For fishing vessel 50 GT and above, and less than 100 GT: a 
fine between 2 million and 10 million New Taiwan Dollars.
(4) For fishing vessel less than 50 GT: a fine between 1 million 
and 5 million New Taiwan Dollars.
 
In case that the value of catches or fisheries products 
concerned exceeds the fine imposed pursuant to the provisions 
stipulated in the preceding paragraph, the amount of the fine 
for up to 5 times of the value of such catches or fisheries 
products shall be imposed.
 
In case that any distant water fisheries operator or distant 
water fisheries employee commits the same provision of serious 
infringement as stipulated in Article 13, paragraph 1, for 2 
times within 3 years, or different serious infringements as 
stipulated in Article 13, paragraph 1 for 3 times within 3 
years, a fine shall be imposed upon the distant water fisheries 
operator concerned in accordance with the following provisions 
and the fishing license shall be suspended between 2 and 3 years
 or be revoked: 
(1) For fishing vessel 500 GT and above: a fine between 9 
million and 45 million New Taiwan Dollars. 
(2) For fishing vessel 100 GT and above, and less than 500 GT: a 
fine between 6 million and 30 million New Taiwan Dollars. 
(3) For fishing vessel 50 GT and above, and less than 100 GT: a 
fine between 3 million and 15 million New Taiwan Dollars.
(4) For fishing vessel less than 50 GT: a fine between 1.5 
million and 7.5 million New Taiwan Dollars.
 
In case that the value of catches or fisheries products 
concerned exceeds the fine imposed pursuant to the provisions 
stipulated in the preceding paragraph, the amount of the fine 
for up to 8 times of the value of such catches or fisheries 
products shall be imposed. 
 
In case that any distant water fisheries employee who commits 
any of the serious infringements as stipulated in Article 13, 
paragraph 1, a fine shall be imposed upon the distant water 
fisheries employee concerned in accordance with the following 
provisions, and the Fishing Vessel Crew Identifications and the 
Certificate of Fishing Vessel Officers may be suspended for 2 
years and under or be revoked: 
(1) For fishing vessel 500 GT and above: a fine between 1.2 
million and 6 million New Taiwan Dollars. 
(2) For fishing vessel 100 GT and above, and less than 500 GT: a 
fine between 800 thousand and 4 million New Taiwan Dollars. 
(3) For fishing vessel 50 GT and above, and less than 100 GT: a 
fine between 400 thousand and 2 million New Taiwan Dollars.
(4) For fishing vessel less than 50 GT: a fine between 200 
thousand and 1 million New Taiwan Dollars.
 
In case that any distant water fisheries employee commits the 
same provision of serious infringement as stipulated in Article 
13, paragraph 1, for 2 times within 3 years, or different 
serious infringements as stipulated in Article 13, paragraph 1 
for 3 times within 3 years, a fine shall be imposed upon the 
distant water fisheries employee concerned in accordance with 
the following provisions and the Fishing Vessel Crew 
Identifications and the Certificate of Fishing Vessel Officers 
shall be revoked: 
(1) For fishing vessel 500 GT and above: a fine between 1.8 
million and 9 million New Taiwan Dollars. 
(2) For fishing vessel 100 GT and above, and less than 500 GT: a 
fine between1.2 million and 6 million New Taiwan Dollars. 
(3) For fishing vessel 50 GT and above, and less than 100 GT: a 
fine between 600 thousand and 3 million New Taiwan Dollars.
(4) For fishing vessel less than 50 GT: a fine between 300 
thousand and 1.5 million New Taiwan Dollars.
 
The value of catches or fisheries products as referred to in 
paragraph 2 and 4 shall be calculated based on the average 
prices of such catches or fisheries products in domestic fish 
market in the preceding 3 years.
 
Article 37 
In case that any foreign flagged fishing vessel conducts any of 
the following activities, the offender shall be subject to a 
fine between 6 million and 30 million New Taiwan Dollars: 
(1) Violating Article 22, paragraph 1, for entering into ports 
of the Republic of China without the permission from the 
competent authority. 
(2) Evading, obstructing or refusing any inspection conducted by 
the competent authority pursuant to Article 23, paragraph 1, or 
refusing to answer to the investigator’s queries, or making 
false statement. 
 
In case that any foreign flagged fishing vessel commits the same 
provision of violation referred to in the preceding paragraph 
for 2 times within 3 years, or different violations referred to 
in the preceding paragraph for 3 times within 3 years, a fine 
between 9 million and 45 million New Taiwan Dollars shall be 
imposed upon the offender. 
 
In case that any foreign flagged fishing vessel violates 
regulations prescribed pursuant to Article 22, paragraph 3 
concerning the advance notification of landing, area and time 
for landing, management and other requirements, a fine between 
500 thousand to 2.5 million New Taiwan Dollars shall be imposed 
upon the offender. 
 
In case that the fine imposed pursuant to the preceding three 
paragraphs is not paid within timeframe, the competent authority 
may prohibit the fishing vessel from leaving the port. 
Notwithstanding this provision, in case that equivalent 
collateral has been provided, prohibition of leaving ports may 
be exempted.
 
In case that the vessel is found out as a stateless vessel after 
the inspection conducted by the competent authority pursuant to 
Article 23, paragraph1, such vessel and its catches and
fisheries products shall be confiscated and the catches and
fisheries products shall be destroyed.
 
Article 38
Industry related to distant water fisheries that commits any of 
the following violations shall be subject to a fine between 6 
million and 30 million New Taiwan Dollars:
(1) Conducting export trade of catches or fisheries products of 
distant water fisheries without prior approval, in violation of 
Article 25, paragraph 3;
(2) Conducting any serious infringement stipulated in 
subparagraph (11), (14), (15), (17) to (19) of Article 13, 
paragraph 1.
 
Industry related to distant water fisheries that engages in 
export trade of catches or fisheries products of distant water 
fisheries violates the regulations on declaration and write-off 
of sales of catches or fisheries products prescribed pursuant to 
Article 25, paragraph 4 shall be subject to a fine between 2 
million and 10 million New Taiwan Dollars.
 
In case that industry related to distant water fisheries 
violates any provision stipulated in subparagraph (2) of 
paragraph 1 or in the preceding paragraph, the competent 
authority shall suspend its qualification of export of catches 
and fisheries products of distant water fisheries for 2 years 
and under, or revoke the qualification.  
 
In case that the value of catches or fisheries products 
concerned exceeds the fine imposed pursuant to paragraph 1 or 2, 
the amount of the fine for up to 5 times of such catches or 
fisheries products shall be imposed.
 
In case that industry related to distant water fisheries commits 
the same violation stipulated in subparagraph (1) of paragraph 
1, or the same provision of serious infringement stipulated in 
subparagraph (2) of paragraph 1, for 2 times within 3 years, or 
commits any violation stipulated in paragraph 1 for 3 times 
within 3 years, a fine between 9 million and 45 million New 
Taiwan Dollars shall be imposed, and the qualification of 
exporting catches and fisheries products of distant water 
fisheries shall be suspended between 2 and 3 years, or be 
revoked. 
 
In case that the value of catches or fisheries products 
concerned exceeds the fine imposed pursuant to the preceding 
paragraph, the amount of the fine for up to 8 times of the 
value of such catches or fisheries products shall be imposed.
 
The value of catches or fisheries products as referred to in 
paragraph 4 and 6 shall be calculated based on the average 
prices of such catches or fisheries products in domestic fish 
market in the preceding 3 years.
 
Article 39  
Any person with the nationality of the Republic of China, except
 for distant water fisheries operators, distant water fisheries 
employees or industry related to distant water fisheries, that 
commits any of the serious infringements stipulated in Article 
13, paragraph 1 shall be subject to a fine between 3 million and
 15 million New Taiwan Dollars. Any person with the nationality 
of the Republic of China, except for distant water fisheries 
operators, distant water fisheries employees or industry related
 to distant water fisheries, that violates Article 14, paragraph 
1 shall be subject to a fine between 2 million and 10 million 
New Taiwan Dollars.
 
Any person with the nationality of the Republic of China, except 
for distant water fisheries operators, distant water fisheries 
employees or industry related to distant water fisheries, that 
commits the same provision of the serious infringement as 
stipulated in Article 13, paragraph 1 for 2 times within 3 years 
or different serious infringements as stipulated in Article 13, 
paragraph 1 for 3 times within 3 years shall be subject to a 
fine between 4.5 million and 22.5 million New Taiwan Dollars. 
Any person with the nationality of the Republic of China, except
 for distant water fisheries operators, distant water fisheries 
employees or industry related to distant water fisheries, that 
violates Article 14, paragraph 1  for 3 times within 3 years 
shall be subject to a fine between 3 million and 15 million New 
Taiwan Dollars.
 
Article 40
Any person that refuses to provide information required by the 
competent authority pursuant to Article 15 shall be subject to a
 fine between 2 million and 10 million New Taiwan Dollars. Any 
person that commits such violation for 2 times within 1 year 
shall be subject to a fine between 3 million and 15 million New 
Taiwan Dollars. 
 
Any distant water fisheries operator or distant water fisheries 
employee that refuses to provide information required by the 
competent authority pursuant to Article 15 shall be subject to 
the suspension of the fishing license of such distant water 
fisheries operator for 2 years and under, or revocation of the 
fishing license. Any distant water fisheries operator or distant 
water fisheries employee that commits such violation for 2 times 
within 1 year shall be subject to the suspension of the fishing 
license of such distant water fisheries operator for between 2 
and 3 years or revocation of the fishing license.  
 
Any distant water fisheries employee that refuses to provide 
information required by the competent authority pursuant to
 Article 15 shall be subject to suspension of the Fishing Vessel
 Crew Identifications and the Certificate of Fishing Vessel 
Officers for 2 years and under, or revocation of the Fishing 
Vessel Crew Identifications and the Certificate of Fishing 
Vessel Officers. Any distant water fisheries employee whose 
Fishing Vessel Crew Identifications and the Certificate of 
Fishing Vessel Officers has been suspended for refusing to 
provide information required by the competent authority 
pursuant to Article 15 commits such violation for 2 times 
within 1 year shall be subject to revocation of the Fishing 
Vessel Crew Identifications and the Certificate of Fishing 
Vessel Officers. 
 
Article 41  
In case that any distant water fisheries operator or distant 
water fisheries employee commits any of the following 
violations, such distant water fisheries operator shall be 
subject to a fine between 500 thousand and 2.5 million New 
Taiwan Dollars, and the fishing license may be suspended for 2 
years and under, or be revoked: 
(1) Violating provisions of the regulations of the management 
of fishing vessels stipulated pursuant to Article 10, paragraph 
2, except for those belonging to the serious infringements; 
(2) Violating provisions of the regulations concerning matters 
to be reported, the reporting procedures or inspection of 
transshipment and landing in-port stipulated pursuant to Article
 11, paragraph 3; 
(3) Violating provisions of the regulations concerning items of 
fishing activities and manners of cooperation stipulated 
pursuant to Article 12, paragraph 3; 
(4) Violating provisions of the special management measures 
concerning the limit on fisheries cooperation, reporting 
frequency of vessel positions, catch reporting, landing 
inspection, and transshipment limitation stipulated pursuant to
 Article 24, paragraph 2;
(5) Violating provisions of the regulations concerning 
conditions for permission, period and management stipulated 
pursuant to Article 31, paragraph 3. 
 
Any distant water fisheries operator or distant water fisheries
 employee that commits the same violation as stipulated in the 
preceding paragraph for 2 times within 1 year or commits 
different violations as stipulated in the preceding paragraph 
for 3 times within 1 year shall be subject to a fine between 750 
thousand and 3.75 million New Taiwan Dollars, and the fishing 
license of the distant water fisheries operator may be suspended 
for 2 years and under or be revoked.
 
Any distant water fisheries employee who commits any of the 
violations as referred to in paragraph 1 shall be imposed upon a
 fine between 100 thousand and 500 thousand New Taiwan Dollars 
and the Fishing Vessel Crew Identification and the Certificate 
of Fishing Vessel Officers may be suspended for 2 years and
under, or be revoked.
 
Any distant water fisheries employee that commits the same 
violation as stipulated in paragraph 1 for 2 times within 1 year
 or commits different violations as stipulated in paragraph 1
for 3 times within 1 year shall be subject to a fine between 150 
thousand and 750 thousand New Taiwan Dollars, and the Fishing 
Vessel Crew Identification and the Certificate of Fishing Vessel
 Officers may be suspended for 2 years and under or be revoked.
 
Article 42
Any person that conducts the business of the agents without 
authorization shall be subject to a fine between 4 million and 
20 million New Taiwan Dollars. 
 
The agents that violate the provisions of regulations on the 
rights and interests of the agents, the distant water fisheries 
operators and the foreign crew members, contents of the
contract, or management responsibilities stipulated pursuant to
Article 26, paragraph 3 shall be subject to a fine between 1
million and 5 million New Taiwan Dollars. The qualification for
such agent may be revoked and the guarantee bond may be
confiscated.       
 
Any distant water fisheries operator that commits any of the 
following violations shall be subject to a fine between 50 
thousand and 250 thousand New Taiwan Dollars, and the fishing 
license of such distant water fisheries operator may be 
suspended for 1 year and under: 
(1) Hiring abroad foreign crew members without the permission 
from the competent authority, in violation of Article 26, 
paragraph 1;
(2) Violating the provisions of regulations on the rights and 
interests of the distant water fisheries operator and the 
foreign crew member, contents of the contract, or management 
responsibilities stipulated pursuant to Article 26, paragraph 3.
 
Article 43 
In addition to the penalties imposed pursuant to Article 36, 
paragraph 1 and 2; Article 38, paragraph 1, 2 and 4; Article 39,
 paragraph 1; and Article 41, paragraph 1, the catches or 
fisheries products caught, transshipped, purchased or sold, or 
sold on assignment, or fishing gears involved may also be 
confiscated, regardless of the ownership. 
 
In addition to the penalties imposed pursuant to Article 36, 
paragraph 3 and 4; Article 38, paragraph 5 and 6; Article 39, 
paragraph 2; and Article 41, paragraph 2, the catches or 
fisheries products caught, transshipped, purchased or sold, or 
sold on assignment, or fishing gears involved shall be 
confiscated, regardless of the ownership. 
 
In addition to the punishment imposed pursuant to Article 36, 
the concerned fishing vessels that caught or transshipped may 
also be confiscated, regardless of the ownership. 
 
In case that the whole or part of such catches, fisheries 
products, fishing gears, or fishing vessels referred to in the 
preceding three paragraphs cannot be confiscated, the value of 
such catches, fisheries products, fishing gears or fishing 
vessels shall be collected.
 
Article 44 
In the event that a fishing vessel confiscated pursuant to the 
provisions stipulated in Article 43 is listed on the IUU fishing
 vessel list(s) of the international fisheries organization(s), 
the competent authority may apply to the navigation authority 
for re-registry of its ownership, followed by the revocation of 
its registration and cancel of its certificate of nationality.
 
In the event that a fishing vessel whose fishing license was 
withdrawn pursuant to the Fisheries Act before this Act becomes
 effective and which is listed on the IUU fishing vessel list(s) 
of the international fisheries organization(s) fails to comply 
with the order of the competent authority to return to domestic 
ports within designated timeframe, the competent authority may 
confiscate such fishing vessel, and apply to the navigation 
authority for re-registry of its ownership, followed by the 
revocation of its registration and cancel of its certificate of 
nationality.
 
Article 45
The competent authority may announce the name(s), ID number, 
address of person or company, and Chinese/English name(s), and 
CT numbers of vessel(s) that are being punished pursuant to 
Article 35, paragraph 3 and 4, and Article 36 to 41, and the 
violation(s) being committed.
 
Chapter V Supplemental Provisions
Article 46
Any person that has obtained permit pursuant to the Fisheries 
Act to fish in the high seas or the exclusive economic zones of
 other countries before this Act becomes effective shall be 
deemed, during the validity of such permit, as having obtained 
the distant water fisheries permit as referred to in Article 6, 
paragraph 1.
 
Any person that has obtained the authorization pursuant to the 
Fisheries Act to engage in fisheries cooperation with other 
countries before this Act becomes effective shall be deemed, 
during the validity of such authorization, as having obtained 
the approval as referred to in Article 12, paragraph 1.
 
Industry related to distant water fisheries that has engaged in 
the export of catches or fisheries products of distant water 
fisheries before this Act becomes effective shall apply for 
authorization within 2 months starting from the date that the 
regulations prescribed pursuant to Article 25, paragraph 4 
become effective. Failing to apply within the timeframe or 
exporting catches or fisheries products of distant water 
fisheries without authorization shall be punished pursuant to 
Article 38.
 
Any distant water fisheries operator that has been permitted to 
hire abroad foreign crew members pursuant to the Fisheries Act 
before this Act becomes effective shall be deemed as having 
obtained the permission pursuant to Article 26, paragraph 1 to 
hire abroad foreign crew members after this Act becomes 
effective.
 
Article 47   
This Act shall become effective after six months of its 
promulgation.