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法規名稱(Title) Regulations for Fishing Vessels Conducting Saury Fishery in North Pacific Ocean Ch
公發布日(Date) 2017.01.20
法規沿革(Legislative) The full text of 48 articles promulgated by the Council of
Agriculture, Executive Yuan on January 20, 2017, under Order
No. Nong-Yu-Tsu 1061332417A.
法規內文(Content) Chapter I General Principles
 
Article 1 
These Regulations are established pursuant to Article 6, 
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3; 
and Article 24, paragraph 2 of the Act for Distant Water 
Fisheries (hereinafter referred to as “the Act”). 
 
Article 2 
Terms used in these Regulations are defined as follows: 
(1) “North Pacific Ocean” means the waters of the North 
Pacific Ocean north of a line extending east along the 20°N 
from the 140°E to the intersection with the 110°W, and the 
waters of a line extending east along the 10°N from the 180° 
meridian to the intersection with the 140°W (as shown in 
Appendix 1).
(2) Independent third party” means any of the following 
institutions recognized by the competent authority:
i. For Japan:
(i) Shinken Corporation.
(ii) Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii. For areas excluding Japan: the verifying institution which
 obtains the accreditation for management system certification
 from the Taiwan Accreditation Foundation (TAF).
(3) “Carrier vessel” means the following vessels that conduct
 the transshipment of catches from saury fishing vessel(s) to 
itself and transports to ports:
i. ‘Carrier vessel of the Republic of China’ refers to the 
carrier vessel which has the fishing license of the Republic 
of China.
ii. ‘Foreign carrier vessel’ refers to the carrier vessel, 
excluding container vessel, which has the valid nationality 
certificate of the flag State of a foreign country.
 
Article 3
Any fishing vessels proceeding to the north Pacific Ocean to 
catch saury (hereinafter referred to as “saury fishing vessel”)
 shall be limited to a fishing vessel with the squid jigging 
registered as the main fishery on its fishing license that 
part-time engages in saury stick-held net fishery .
 
Article 4
For any saury fishing vessel navigating through the water under 
national jurisdiction of any foreign country, all fishing 
equipment on board shall be stowed and secured, and such vessel 
shall not conduct activities such as arrangement of fishing gears
 or fishing, except that it has engaged in fisheries cooperation
 with the foreign country concerned.
 
Chapter II Application and Issuance of the Distant Water Fisheries 
Permit 
 
Article 5 
Any distant water fisheries operator intending to apply for the 
distant water fisheries permit(s) for his/her fishing vessel(s)
 to fish in the north Pacific Ocean in the following year shall 
fill in the application form (format as shown in Appendix 2) and 
submit it with the following documents:
(1) A copy of the valid fishing license which shall contain the 
International Maritime Organization (IMO) ship identification 
number.
(2) The following color photographs of the fishing vessel no 
older than five years and the electronic files. The photos shall
 clearly show the Chinese/English name of the vessel and its 
international radio call sign (IRCS), and the size shall not be 
smaller than 12 cm by 7 cm:
i. One photo that shows the complete length and structural 
characteristics of the starboard side of the vessel;
ii. One photo that shows the complete length and structural 
characteristics of the portside of the vessel; and
iii. One photo of the stern of the vessel taken directly from 
behind the vessel. 
(3) The document certified by the commissioned professional 
institution that the automatic location communicator (ALC) on 
board the fishing vessel can regularly and normally transmit 
vessel positions.
(4) The document certified by the commissioned professional 
institution that the electronic logbook (E-logbook) system on 
board the fishing vessel can normally transmit catch data.
 
Article 6 
Any distant water fisheries operator intending to apply for the 
distant water fisheries permit for the following year shall 
enclose the required documents as stipulated in Article 5 and 
shall register to the Taiwan Squid Fishery Association 
(hereinafter referred to as “the Squid Association”) by 
November 30 of the current year. The Squid Association shall 
compile and submit applications to the competent authority by 
December 15 of the current year.
 
For any application for the distant water fisheries permit of 
year 2017, documents stipulated in subparagraph (1), (3) and (4)
 of Article 5 shall be enclosed and submitted to the Squid 
Association for registration by 1 March 2017. The Squid 
Association shall compile and submit applications to the 
competent authority by 15 March 2017. 
 
Article 7 
In case of any of the following conditions, the distant water 
fisheries operator may submit the documents prescribed in 
Article 5 and apply for the distant water fisheries permit to 
the competent authority, notwithstanding the application 
procedures and deadline prescribed in Article 6:
(1) The distant water fisheries operator of a fishing vessel has 
changed; 
(2) The distant water fisheries operator has obtained the 
fishing license for the chartered fishing vessel;
(3) The distant water fisheries operator has obtained the 
fishing license for the newly-built fishing vessel;
(4) The distant water fisheries operator who resumes the 
operation after the suspension of the operation authorized 
pursuant to Article 11 of the Fisheries Act has expired
(5) The distant water fisheries operator applies for the renewal
 of the expired fishing license;
(6) The suspension of the fishing license has been executed 
completely.
 
Article 8 
A certificate of distant water fisheries permit will be issued 
to the application approved by the competent authority. The 
maximum period of validity of the permit shall be one year, and
 shall not exceed that of the fishing license.
 
The certificate of distant water fisheries permit shall record, 
both in Chinese and English, the following:
(1) The number of the certificate;
(2) The name, CT number, gross tonnage (GT), length overall 
(LOA) and fisheries type of the fishing vessel;
(3) Name of the distant water fisheries operator;
(4) The authorized fishing Ocean and fishing period;
(5) The IRCS; and
(6) The IMO ship identification number
 
The distant water fisheries operator shall place onboard the 
fishing vessel a copy of the valid distant water fisheries permit
 in case of inspection.
 
Article 9 
For any fishing vessel permitted to conduct saury fishery whose 
information recorded on the application is changed or whose 
external characteristic(s) differs from the photo(s) of the 
vessel submitted, the distant water fisheries operator shall 
provide, within three working days after such change, the Squid 
Association with the new vessel information or new photos. The 
Squid Association shall submit such information/photos to the 
competent authority within three working days following the 
receipt.
 
Chapter III Fishing Vessel Markings 
 
Article 10
Fishing vessels shall be marked with vessel markings, including, 
at least, the Chinese and English vessel name, name of registry 
port, CT numbers and IRCS. The characters and the edges of 
characters shall maintain clear and identifiable at all times.
 
Where fishing vessels are fishing or berthing at ports, the IRCS
 shall be displayed clearly identifiable for the sighting by 
other vessels from the water surface or airplanes from the air.
 
Article 11 
The IRCS of a fishing vessel is its radio call sign.
 
The IRCS shall be painted with marine-specific paint, and the 
characters shall be capital letters in English and Arabic
 numerals. The height, width, and colors of characters shall 
meet the specifications as shown in Appendix 3.
 
Article 12 
The IRCS shall be placed above the waterline on both sides of 
any fishing vessels and on a deck where the IRCS is not obscured 
by fishing gear(s), and shall be clear of the bow, stern, 
discharge or areas which might be prone to damage or 
discoloration. In case that the lowest edge of characters is 
under the waterline when the fish holds are full, the IRCS shall
 be placed on the fishing vessel’s superstructure.
 
Chapter IV Management of Vessel Position Reporting
 
Article 13 
The ALC on board shall be maintained functional at all time, 
whether at sea or in port.
 
After port departure, any saury fishing vessel shall transmit at
 least one vessel position hourly and any carrier vessel of the
 Republic of China shall transmit at least one vessel position 
in every two hours. 
 
Fee for the services and communications of the ALC shall be
 borne by distant water fisheries operators.
 
Article 14 
In case that a fishing vessel needs to stay in a domestic port 
for three days and above or in a foreign port for maintenance 
or repair, its distant water fisheries operator may apply to the
 competent authority with documentary proof for switching off 
the ALC, which may only be switched off after obtaining approval.
 
The period of switching off the ALC as referred to in the 
preceding paragraph shall not exceed six months for each 
application. Extension may be applied in accordance with the 
preceding provision before the period is expired.
 
Any fishing vessel shall not leave the port during the period of
 switching off the ALC.
 
In the event that the ALC onboard is rebooted, the fishing vessel 
may only leave the port after the commissioned professional 
institution has confirmed that such ALC can regularly and normally
 transmit vessel positions.
 
Article 15
Any fishing vessel shall carry at least one spare set of ALC on 
board.
 
In case that the identification number of ALC on board has been 
changed, the distant water fisheries operator shall notify the 
competent authority or the commissioned professional institution 
in writing.
 
Article 16
The ALC is deemed as signal-lost in the event that the 
commissioned professional institution has not received positions 
automatically transmitted by the ALC twice consecutively. In the 
event that the ALC is signal-lost for three consecutive days, it
 is deemed as malfunction.
 
The malfunctioning ALC shall be repaired no later than 30 days.
 
In the event that the ALC on board is signal-lost or 
mal-functional, the distant water fisheries operator or the 
captain shall send information related to vessel positions by 
facsimile to the commissioned professional institution. The 
vessel positions shall be recorded by automatic recording 
satellite navigator for perusal in later days.
 
The transmit of vessel positions as referred to in the preceding
 paragraph shall be hourly for any saury fishing vessel, and 
every two hours for any carrier vessel of the Republic of China.
 
In the event that the ALC on board is mal-functional, the 
competent authority shall be notified of  using the spare set. 
In case that the spare set is also mal-functional, the spare 
set from other fishing vessel may be deployed after obtaining
 the competent authority’s approval.
 
Article 17 
In the event that the ALC onboard is deemed as signal-lost for
 an accumulative period of five days and above, the competent 
authority may order such fishing vessel to stop fishing 
immediately and directly navigate to a designated port within
 the required timeframe for repair. Such vessel shall not 
leave the port until the commissioned professional institution
 has confirmed that such ALC can regularly and normally 
transmit vessel positions. 
 
Any expense incurred from port return, port entrance and 
testing of vessel positions as referred to in the preceding 
paragraph shall be borne by the distant water fisheries 
operator.
 
Chapter V Logbooks and Catch Reports
 
Article 18 
In the event that any saury fishing vessel leaves a port, its 
captain shall daily report catch data through the E-logbook 
system designated by the competent authority, and shall 
completely and accurately fill in the logbooks designated by 
the competent authority, where there is any catch or not. 
 
In case that any saury fishing vessel enters a port, the 
logbooks as referred to in the preceding paragraph shall be 
submitted by its distant water fisheries operator to the 
competent authority in accordance with the following timeframe:
(1) For port entry into any domestic port: within three days.
(2) For port entry into any foreign port: within 60 days.
 
Article 19 
In case of malfunction of the E-logbook system, the distant
 water fisheries operator or the captain shall daily transmit 
catch data via facsimile to the competent authority or the 
commissioned professional institution. Such catch data shall be 
signed by the distant water fisheries operator or the captain.
 
The malfunctioning E-logbook system shall be repaired no later 
than 30 days.
 
In the event that the E-logbook system onboard is deemed as 
mal-functional for an accumulative period of 15 days and above, 
the competent authority may order such fishing vessel to stop
 fishing immediately and directly navigate to a designated port
 within the required timeframe for repair. The vessel shall not
 leave the port until the commissioned professional institution
 has confirmed that such E-logbook system can normally transmit 
data.
 
Any expense incurred from port return, port entrance and testing 
of the E-logbook system as referred to in the preceding 
paragraph shall be borne by the distant water fisheries 
operator.
 
Article 20 
Any salmon, trout, sea turtle, seabird, whale shark, cetacean, 
penguin or other prohibited species promulgated by the 
competent authority incidentally caught by any saury fishing
 vessel shall be released when caught alive or discarded dead,
 and the number(s) be duly recorded on the logbooks.  
 
Article 21
Any fish species of no economic value or no utilizing value
 caught by any saury fishing vessel shall be released 
immediately, and the number(s) discarded shall be duly recorded
on the logbooks.
 
Article 22
In case of bycatch of sharks by any saury fishing vessel, fins 
shall not be fully cut off and shall be naturally attached to
 carcasses for the disposal of shark fins, and the number(s) 
of sharks shall be duly recorded on the logbooks.
 
Article 23 
The E-logbook data or the logbook(s) submitted shall not be 
altered or amended, unless there is apparent error with the 
content and the competent authority has approved.
 
Article 24
The discrepancy between the catch amount recorded in the 
E-logbook or the logbook during one fishing trip of any saury
 fishing vessel and the actual landing amount shall not exceed
 20% of the actual landing amount.
 
In the event that the discrepancy between the catch amount 
recorded in the E-logbook or the logbook and the actual 
landing amount exceeds 50% of the actual landing amount, it 
shall be defined as “seriously misreporting” as referred to
 in subparagraph (12) of Article 13, paragraph 1 of the Act. 
 
Chapter VI The Designation and Management of Ports for 
Transshipment or Landing
 
Article 25 
Any fishing vessel intending to conduct transshipment or 
landing at foreign ports shall be limited to Busan, Korea.  
 
Any fishing vessel intending to conduct landing in mainland 
China shall be limited to the designated ports stipulated in 
the Regulations on Permission and the Management of Fishing 
Vessels Sailing to Mainland China. 
 
Article 26 
Any carrier vessel intending to transship catches from any 
saury fishing vessel shall meet any of the following 
requirements:
(1) It is a carrier vessel of the Republic of China and has 
obtained the distant water fisheries permit; or
(2) It is a foreign carrier vessel listed on the list of 
authorized vessels of the North Pacific Fisheries Commission.    
 
Article 27
Any carrier vessel of the Republic of China shall not transship
 with, refuel or supply any fishing vessel not listed on the 
authorized vessels list of the North Pacific Fisheries
 Commission, or any fishing vessel that has altered its name or 
registration number.
 
Article 28
In case of any of the following circumstances, the competent 
authority shall list the foreign carrier vessel concerned which 
transships catches from saury fishing vessel(s) on the 
non-cooperative carriers list:
(1) The foreign carrier vessel has violated any provision 
regarding vessel position reporting; or
(2) The foreign carrier vessel has violated any provision 
regarding transshipment or landing.
 
Article 29 
For any carrier vessel intending to transship in port or at sea, 
the distant water fisheries operator shall submit the 
transshipment plan and relevant information (as shown in 
Appendix 4) and apply to the competent authority five working 
days before the transshipment for approval.
 
In case of any addition to the list of saury fishing vessel(s) 
in the transshipment plan approved by the competent authority, 
the application shall be submitted three working days before 
making such addition to the competent authority for approval. 
The transshipment with the concerned saury fishing vessel(s) 
may only be conducted after the approval has been granted. Any 
application submitted after the prescribed deadline shall be 
denied.
 
Article 30
In case of any of the following circumstances, the application 
of transshipment plan made in accordance with Article 29 shall
 be denied:
(1) The carrier vessel concerned does not meet the requirements 
stipulated in Article 26;
(2) Three years have not passed since the carrier vessel 
concerned was listed on the non-cooperative carriers list; or
(3) The fine for violating the Act imposed on the carrier vessel 
concerned has not been paid completely.
 
Article 31 
Any saury fishing vessel or carrier vessel that intends to 
conduct transshipment shall respectively apply for the approval
 from the competent authority before the transshipment.
 
Any distant water fisheries operator or captain applying for 
the approval as referred to in the preceding paragraph shall 
fill in the Transshipment Notification (format as shown in 
Appendix 5) and submit it to the competent authority three 
working days before the estimated date of transshipment.
 
Article 32
In case of any of the following circumstances, the competent 
authority may not authorize the concerned saury fishing vessel 
and the carrier vessel to transship at sea: 
(1) The ALC on board is mal-functional and has not been 
repaired.
(2) Entering into waters under national jurisdictions of other 
countries without valid authorization during the fishing period 
of the catches intending to be transshipped.  
 
Article 33 
In the event that the catch of any saury fishing vessel 
transshipped in port is stored in a cold storage in a foreign
 port or a container pending sales, an application shall be
 made pursuant to Article 31 before re-transshipping such catch.
 
Article 34
The saury fishing vessel or carrier vessel which obtains the 
approval to transship pursuant to Article 31 shall not conduct
 the transshipment in the event that the ALC on board is 
signal-lost and has not been repaired.
 
Article 35
For any carrier vessel that receives catches, it shall separate 
catches from each individual saury fishing vessel and fill in 
the transshipment declaration (format as shown in Appendix 6). 
  
The distant water fisheries operator or the captain of any saury 
fishing vessel and carrier vessel shall, within three working 
days after the completion of transshipment, respectively submit 
the transshipment declaration to the competent authority. In the 
event that both the saury fishing vessel and the carrier vessel 
are of the Republic of China, submission of the transshipment 
declaration by such carrier vessel may be waived.
 
Article 36 
The distant water fisheries operator or the captain of any saury 
fishing vessel intending to enter a domestic/foreign port to land 
the catch by itself, or by assigning a carrier vessel or 
container vessel shall, three working days before the estimated 
dated of the landing, fill in the Advance Notice of Landing 
(format as shown in Appendix 7)   and submit to the competent 
authority for approval.
 
Fishing vessels may only apply for navigating from the fishing 
area to the port(s) of Mainland China for landing in accordance 
with the preceding paragraph after the completion of fishing 
operations in the current year, and shall not load any object 
from the Mainland China. 
 
Article 37
The distant water fisheries operator or captain of any saury 
fishing vessel shall submit the landing declaration (format as 
shown in Appendix 7) to the competent authority within five 
working days after the completion of landing. 
 
The term “completion of landing” as referred to in the preceding
 paragraph means a shipment of catch has completed its whole 
weighing process at one fishing port during specific period. In 
the event that catches have been landed in batches at different 
ports, the landing declaration of each batch of catch shall be 
submitted separately within the deadline as prescribed in the 
preceding paragraph.
 
Article 38 
The distant water fisheries operator and captain of any fishing 
vessel shall accept port inspections conducted by the competent 
authority or the independent third party for the verification 
of the catch landed or transshipped.
 
The distant water fisheries operator or captain of any saury 
fishing vessel that is designated by the competent authority to
 be inspected shall comply with the following:  
(1) For inspections conducted by the competent authority: the 
landing or transshipment shall be started only after the 
personnel of the competent authority has arrived.
(2) For inspections conducted by the independent third party: 
application and contact with the independent third party shall 
be made, and the landing or transshipment shall be started only 
after the personnel of the independent third party has arrived.
 
The cost incurred from any inspection on catches conducted by 
the independent third party at the foreign ports shall be borne
 by the distant water fisheries operator of the vessel being 
inspected.
 
Article 39
The distant water fisheries operator of any saury fishing vessel 
shall, within 60 days after the completion of sale or landing, 
submit sales or inventory information to the competent authority. 
The sales information shall at least include buyer(s), fish 
species and quantities.   
 
Chapter VII Observation or Inspection during Fishing Operations
 
Article 40
The distant water fisheries operator of any fishing vessel that 
receives the observer dispatched by the competent authority 
shall comply with the following: 
(1) He/she shall notify the competent authority in writing seven
 days before the date of intended port entry or departure.
(2) To embark and disembark the observer at the time and place 
informed by the competent authority.
(3) To provide the observer, while onboard the vessel, with food, 
accommodation, adequate sanitary amenities, and medical 
facilities of a reasonable standard equivalent to those normally 
available to an officer onboard the vessel.
(4) To instruct the captain and crew of the vessel matters 
related to the cooperation with or assisting the observer in 
carrying out the duties.
 
Article 41 
The captain of any fishing vessel that receives the observer 
dispatched by the competent authority shall comply with the 
following:
(1) The captain shall attend the pre-sail training course given 
by the competent authority.
(2) When an observer is on board the fishing vessel, the captain 
shall inform the observer of the daily routine, personal safety 
and vessel equipment.
(3) The captain shall cooperate with and assist the observer in 
carrying out duties, and shall not evade, obstruct or refuse to 
answer the inquiry related to the observation mission.
(4) The captain shall not interfere with, assault, intimidate, 
or bribe the observer.
(5) The captain shall provide the observer with adequate space, 
facilities, equipment and information on the vessel necessary 
for his daily living and for carrying out his/her duties.
(6) The captain shall request the crew to comply with the 
provisions stipulated in the preceding three subparagraphs.
(7) The captain shall sign on the record(s) of observation 
written by the observer. In case there are different views on 
the record(s) of the observer, captain’s opinions may be added.
(8) The captain shall ensure the safety of the observer. In case 
of emergency or distress, special care and refuge shall be 
provided to the observer.
 
Article 42 
In the event of boarding and inspection conducted by the 
inspector(s) dispatched by the competent authority, any captain 
and crew of the inspected vessel shall cooperate with, facilitate 
the safe boarding and disembarkation of the inspector(s), and 
provide the inspector(s) with adequate space, facilities and 
equipment for carrying out the duties. 
 
Chapter VIII Special Management Measures for High Risk Fishing
 Vessels 
 
Article 43 
Matters related to the management of high risk fishing vessels 
categorized by the competent authority shall be governed by this
 Chapter. Matters not stipulated in this Chapter shall be 
governed by these Regulations. 
 
Article 44 
Any distant water fisheries operator of the high risk fishing 
vessels shall, starting from the date that the competent 
authority informs the distant water fisheries operator of such 
vessel, comply with the special management measures as follows:
(1) Any high risk fishing vessel shall not engage in fisheries 
cooperation by means of being chartered to any foreigner. 
(2) For each fishing trip of such vessel, the observer dispatched 
by the competent authority shall be carried on board, or the 
functional electronic monitoring equipment shall be installed on 
board before leaving a port. For such vessel that has carried on 
board the observer who meets the requirement of the international 
fisheries organization(s), it shall be exempted.
(3) The vessel positions shall be transmitted hourly at least.
(4) Catch reports shall be conducted in accordance with 
provisions stipulated in Chapter V.
(5) Such vessel shall not conduct at-sea transshipment.
(6) In case of transshipment or landing in port, inspections 
shall be conducted by the competent authority or the independent 
third party.
 
Article 45 
In the event that any high risk fishing vessel does not violate 
any regulation for one year starting from the date of being 
listed as high risk fishing vessel, such vessel shall be 
de-listed and exempted from the special management measures.
 
Chapter IX Supplemental Provisions
 
Article 46 
To prevent harming marine living species, any fishing vessel 
shall not dispose any type of plastic trash or discharge any oil
 on the sea.
 
Article 47
Cartons for packing saury shall be marked with the date of 
harvesting the catch in an appropriate manner. 
 
Article 48 
These Regulations shall become effective on January 20, 2017. 
 
圖表附件(Attachments)