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法規名稱(Title) Regulations on the Management of Fisheries Cooperation Ch
公發布日(Date) 2017.01.19
法規沿革(Legislative) The full text of 13 articles promulgated by the Council of
Agriculture, Executive Yuan on January 19, 2017, under Order
No. Nong-Yu-Tsu 1051338791A.
法規內文(Content) Article 1
These regulations are established pursuant to Article 12, 
paragraph 3 of the Act for Distant Water Fisheries (hereinafter
 referred to as “the Act”). 
 
Article 2
Manners of fisheries cooperation are categorized as follows:
(1) Acquiring the right to operate fishing vessel(s) in the
 exclusive economic zone of a foreign country with the payment 
of access fee; or
(2) Engaging in fisheries operation in the exclusive 
economic zone of a foreign country by means of chartering 
fishing vessel(s) of the Republic of China to person(s) of that
 foreign country.  

Article 3
In case of any of the following circumstances, the competent 
authority shall deny the approval of fisheries cooperation:
(1) The country with which the fishing vessel(s) of the 
Republic of China engages in fisheries cooperation is incapable
 of controlling and managing foreign fishing vessels fishing in 
the waters under its national jurisdiction;
(2) The country with which the fishing vessel(s) of the 
Republic of China engages in fisheries cooperation is listed on 
the illegal, unreported, and unregulated (IUU) fishing 
non-cooperating countries list by other countries, international
 fisheries organizations, or other economic integrated 
organizations; or
(3) The country with which the fishing vessel(s) of the 
Republic of China engages in fisheries cooperation is subject to
 a letter of identification for more than 2 years by other 
countries, international fisheries organizations, or other 
economic integrated organizations.
The list of the country as referred to in subparagraph (1) of 
the preceding paragraph shall be promulgated by the competent 
authority.

Article 4
In case that the country with which the fisheries cooperation is 
engaged has designated the port(s) for landing or transshipment, 
one of the following conditions shall be met:
(1) The foreign country concerned shall reach an agreement 
with the Republic of China with respect to any of the following 
matters:
i. The foreign country concerned agrees to provide its 
report(s) on inspecting fishing vessel(s) of the Republic of 
China; or
ii. The foreign country concerned agrees with inspections 
conducted by the personnel dispatched by the Republic of China 
in ports of such foreign country, or inspections conducted 
jointly, and exchange of related information. 
(2) The scheme of inspections conducted by an independent 
third party has been established in the foreign country 
concerned. 
The independent third party as referred to in subparagraph (2) 
of the preceding paragraph means any of the following 
institutions recognized by the competent authority:
(1) For Japan:
i. Shinken Corporation.
ii. Nippon Kaiji Kentei Kyokai, Incorporated Association.
(2) For areas excluding Japan: any verifying institution 
which obtains the accreditation for management system 
certification from the Taiwan Accreditation Foundation (TAF).
 
Article 5
Taking into consideration the policy of fisheries development 
and the national interests, the competent authority may 
designate non-profit organization(s) or fishery association(s)
 on behalf of the fishing industry to conduct negotiations with
 foreign countries on matters related to rights and obligations
 such as the number of fishing vessel(s) engaging in fisheries 
cooperation, fee, fishing days, fishing area(s), or regulations
 to be complied with. 

Article 6
Any distant water fisheries operator that applies for fisheries
 cooperation shall, before the fishing vessels entering into 
the exclusive economic zone of the foreign country concerned, 
fill in the application form and submit it with the following 
documents to the competent authority for approval:
(1) A copy of valid distant water fisheries permit;
(2) A copy of the permission for fisheries cooperation 
issued by the foreign country concerned; 
(3) A letter of guarantee to repatriate crew members in case
 of maritime distress of detainment.
(4) In case that the fisheries cooperation is conducted in 
accordance with Article 2, subparagraph (2), a copy of the 
cooperation agreement or contract shall be submitted as well. 
(5) In case that the fisheries cooperation is negotiated by the 
non-profit organization or fishery association with the foreign 
country concerned, a copy of the cooperation agreement or 
contract signed by the non-profit organization or fishery 
association and the foreign country concerned shall be 
submitted as well.
The application form as referred to in the preceding paragraph 
shall include the following:
(1) The country with which the fisheries cooperation is engaged;
(2) The manner of cooperation;
(3) The period of cooperation;
(4) Name(s), CT number(s), type(s), gross tonnage (GT), and 
number(s) of the fishing vessel(s) engaged in the fisheries 
cooperation; type(s) of fisheries; method(s) of processing 
catches; and port(s) for landing. 
In case that the permission for fisheries cooperation issued by 
the foreign country concerned as referred to in paragraph 1, 
subparagraph (2); or the cooperation agreement or contract as 
referred to in paragraph 1, subparagraph (4) and (5) is not 
written in Chinese nor English, a Chinese translation 
authenticated by public notary shall be submitted.

Article 7
In case of any of the following circumstances, approval of 
fisheries cooperation shall not be granted:
(1) The applied fishery type of the fisheries cooperation 
is not the fishery type as recorded in the fishing license of 
the applying fishing vessel.
(2) The distant water fisheries operator is sentenced 
imprisonment for violating the Act, the Fisheries Act or the 
Act to Govern Investment in the Operation of Foreign Flag 
Fishing Vessels and such sentence is not yet executed, not 
executed completely, or is on probation whose period is not yet 
expired, or 2 years have not passed since such sentence is 
executed completely, on probation which is expired, or pardoned.
(3) The distant water fisheries operator is sentenced to a 
short-term imprisonment or criminal fine for violating the Act, 
the Fisheries Act or the Act to Govern Investment in the 
Operation of Foreign Flag Fishing Vessels and such sentence is 
not yet executed, not executed completely or 2 years have not 
passed since such sentence is executed completely. 
(4) The distant water fisheries operator is sentenced to a fine 
pursuant to the Act, the Fisheries Act or the Act to Govern 
Investment in the Operation of Foreign Flag Fishing Vessels and 
such fine is not paid completely. 
(5) The applying fishing vessel is sentenced to suspension of 
fishing license pursuant to the Act or the Fisheries Act, and 
such sentence is not executed completely.

Article 8
For any application as referred to in Article 6 that has been 
examined and approved by the competent authority, the maximum 
cooperation period shall be one year, and shall not exceed the 
validation period of its fishing license.
The fishing method(s) for the approved fisheries cooperation 
shall be limited to that authorized by the foreign country with 
which the fisheries cooperation is engaged with. 

Article 9
Unless that the foreign country concerned has required fishing 
vessel(s) to enter its port(s) for landing or transshipment, the 
foreign ports for in-port landing or in-port transshipment 
conducted by fishing vessel(s) of the Republic of China engaged 
in fisheries cooperation shall be limited to the ports 
designated by the competent authority.   

Article 10
The application and issuance of relevant catch statistical 
documents for any fishing vessel engaging in fisheries 
cooperation shall be conducted in accordance with the Act and 
its relevant implementing regulations. For catches from the 
fishing vessel engaging in the fisheries cooperation in 
accordance with Article 2, subparagraph (2), the competent 
authority shall not issue Catch Statistical Documents, 
Legitimated Catch Certificates, or European Union Catch 
Certificates.  

Article 11
In case of any of the following circumstances, the competent 
authority shall revoke the approval of fisheries cooperation:
(1) The foreign country with which the fisheries cooperation 
is engaged notifies in written of terminating the fisheries 
cooperation.
(2) The foreign country with which the fisheries cooperation 
is engaged is under any of the circumstances stipulated in 
Article 3, paragraph 1; or any of the conditions stipulated in 
Article 4, paragraph 1 is not met. 
(3) The permit issued by the foreign country with which the 
fisheries cooperation is engaged is invalid.
(4) Any fishing vessel engaging in fisheries cooperation 
conducts IUU fishing.

Article 12
In case of continuation of the fisheries cooperation after the 
period of fisheries cooperation is expired, re-application for 
the approval shall be conducted in accordance with Article 6. 

Article 13
These Regulations shall enter into force on January 20, 2017.