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法規名稱(Title) Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation Ch
公發布日(Date) 2017.01.20
法規沿革(Legislative) The full text of 73 articles promulgated by the Council of
Agriculture, Executive Yuan on January 20, 2017, under Order
No. Nong-Yu-Tsu 1061332058.
法規內文(Content) Chapter I General Principles
 
Article 1
These Regulations are hereby established pursuant to Article 6, 
paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3; 
and Article 24, paragraph 2 of the Act for Distant Water 
Fisheries (hereinafter referred to as “the Act”).
 
Article 2
Terms used in these Regulations are defined as follows:
(1) “Tuna longline fishing vessel” means any fishing vessel 
targeting highly migratory fish species such as tunas, 
billfishes, sharks, skipjacks or mahi mahi with longline fishing
 gears.
(2) “Indian Ocean” means the waters of the Indian Ocean 
bounded by the following line: from the south coast of South 
Africa due south along the 20°E to its intersection with the 
45°S; thence due east along the 45°S to its intersection with 
the 80°E; thence due south along the 80°E to its intersection 
with the 55°S; thence due east along the 55°S to its 
intersection with the 150°E; thence due north along the 150°E 
to its intersection with the coast of Australia; thence in a 
westerly direction round the south, the west and the northwest 
coasts of Australia to a point at 129°E; thence due north along 
the 129°E to its intersection with 8°S; thence due west along 
the 8°S to its intersection with 113°28'E; thence due north alone
 with the 113°28'E to the south coast of Java at 8°23'S; thence 
in a westerly direction along the coasts of Java and Sumatra; 
thence round the coast of Sumatra running south in the Strait of 
Malacca; thence across the Strait at 2°30'N to meet the coast of
 Malay Peninsula; thence due north along the 2°30'N of the west
coast of Malay Peninsula; thence along the coasts to the 
intersection between the south coast of South Africa and 20°E.
 The area is as shown in Appendix 1. 
(3) 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).
(4) “Carrier vessel” means the following vessels that conduct
 the transshipment of catches from tuna longline fishing 
vessel(s) to itself and transports to ports:
i. ‘Carrier vessel of the Republic of China’ refers to the 
carrier vessel which has the fishing license of the Republic of
 China.
ii. ‘Foreign carrier vessel’ refers to the carrier vessel, 
excluding container vessel, which has the valid nationality 
certificate of the flag State of a foreign country.
 
Article 3
Fishing vessels proceeding to the Indian Ocean  to catch highly
 migratory species such as, tunas, billfishes, sharks, skipjack,
 or mahi mahi shall be limited to tuna longline fishing vessels 
of 20 Gross Tonnage (GT) and above.
 
“Regulations for Fishing Vessels Conducting Southern Bluefin 
Tuna Fishery” shall also be applied to any tuna longline fishing
 vessel catching southern bluefin tuna.
 
Article 4
Fishing areas for tuna longline fishing vessels of 100 GT and
 above (hereinafter referred to as “large scale longliners”)
 fishing in the Indian Ocean are divided as follows:
(1) Bigeye tuna fishing area: the Indian Ocean north of 30°S, 
excluding the high risk area of piracy which is bounded by the
 following lines: from the east coast of Kenya due east along 
the 4°S to its intersection with 44°E; thence due northeast to 
the intersection between the equator and the 49°E; thence to the
 intersection between the 15°N and the 61°E; thence due west 
along the 15°N to the west off the east coast of Yeman. The area
 is as shown in Appendix 2. 
(2) Oilfish fishing area: the Indian Ocean south of 30°S. The 
area is as shown in Appendix 3.
(3) Albacore tuna fishing area: the Indian Ocean west of 75°E and 
south of 15°S; and east of 75°E and south of 10°S. The area is as
 shown in Appendix 4.
 
The fishing area for tuna longline fishing vessels of 20 GT and 
above and less than 100 GT (hereinafter referred to as “small 
scale longliners”) in the Indian Ocean is the Indian Ocean 
except for the high risk area of piracy. The area is as shown in 
Appendix 5.
 
Any small scale longliner shall not fish in the area south of 
28°S and east of 65°E from April to September every year.
 
Tuna longline fishing vessels shall fish only within the fishing 
area(s) permitted by the competent authority.
 
Article 5
Tuna longline fishing vessels proceeding to the Indian Ocean for 
fishing operation are categorized, in accordance with the GT, 
catch species and operation patterns, into the following groups:
(1) For large scale longliners:
i. Bigeye tuna group: bigeye tuna as the target species.
ii. Albacore tuna group: albacore tuna as the target species.
(2) For small scale longliners:
i. Frozen yellowfin tuna group: the fishing vessel with freezing 
equipment which has more individual vessel quota of bigeye tuna 
than the fishing vessel of general group.
ii. General group: no specific target species.
 
Article 6
Limits on the number of tuna longline fishing vessels fishing in 
the Indian Ocean are as follows:
(1) For large scale longliners:
i. Bigeye tuna group: the number of fishing vessels is limited to
 153.
ii. Albacore tuna group: the number of fishing vessels is limited
 to 37. 
(2) For small scale longliners:
i. Frozen yellowfin tuna group: the number is limited to 36.
ii. General group: the number is limited to 350. 
 
Chapter II Application and Issuance of the Distant Water Fisheries
 Permit
 
Article 7
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 Indian Ocean in the following year shall fill in the 
application form, formats of which are as shown in Appendix 6 to 
8, in accordance with types of fishing vessels and groups and 
submit it with the following documents:
(1) A copy of the valid fishing license. For any fishing vessel of
 100 GT and above, the copy of the fishing license shall contain
 the International Maritime Organization (IMO) ship identification
 number or Lloyd’s Register (LR) number.
(2) 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.
(3) 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 8
Any fishing vessel that applies for the distant water fisheries 
permit of the bigeye tuna group for the following year shall meet
 any of the following conditions:
(1) It belongs to the bigeye tuna group in the current year with 
the competent authority’s approval.
(2) It is a newly built fishing vessel which has received the 
replacement tonnage of a fishing vessel of the bigeye tuna group 
or of the bigeye tuna group concurrently conducting part-time 
fishing for albacore or yellowfin tuna.
 
Any fishing vessel that applies for the distant water fisheries 
permit of the albacore tuna group for the following year shall
 meet any of the following conditions:
(1) It belongs to the albacore tuna group in the current year 
with the competent authority’s approval.
(2) It is a newly built fishing vessel which has received the 
replacement tonnage of a fishing vessel of the albacore tuna 
group.
(3) It is a fishing vessel with a fishing license of longline 
fishery which were formerly authorized to fish in the Indian
 Ocean and also authorized to operate non tuna longline fishery
 under fisheries cooperation with a foreign country.
 
Article 9 
For the application of the distant water fisheries permit of 
the following year, the documents prescribed in Article 7 shall
 be submitted in accordance with the following procedures and 
deadline:
(1) For any distant water fisheries operator of large scale 
longliner(s) that is a member of the Taiwan Deep Sea Tuna 
Boat-owners and Exporters Association (hereinafter referred to
as “Tuna Association”), it shall apply to the Tuna 
Association before October 15 of the current year, which shall
 compile the applications in accordance with the groups for 
delivery to the competent authority before October 31 of the 
current year.
(2) For any distant water fisheries operator of large scale 
longliner(s) that is not a member of the Tuna Association, 
he/she shall apply to the competent authority before October
 31 of the current year.
(3) For any distant water fisheries operator of small scale 
longliner(s) that is a member of the Taiwan Tuna Longline 
Association (hereinafter referred to as “Longline Association”),
 he/she shall apply to the Longline Association before October 
15 of the current year. The Longline Association shall compile
 the applications in accordance with the groups and deliver to 
the competent authority before October 31 of the current year.
(4) For any distant water fisheries operator of small scale
 longliner(s) that is not a member of the Longline Association, 
he/she shall apply to the competent authority before October 31.
(5) For any distant water fisheries operator of carrier vessel(s)
 of the Republic of China, he/she shall apply to the competent 
authority before October 31 of the current year. 
 
Article 10
In the event that the number of fishing vessels applying for the
 distant water fisheries permits of the bigeye tuna or albacore 
tuna group exceeds the limit of respective group, the Tuna 
Association shall draw lots to decide the priority in an 
equitable and impartial manner. 
 
In the event that the number of fishing vessels applying for the
 general group exceeds the limit, the competent authority shall
 draw lots to decide the priority in an equitable and impartial 
manner.
 
Article 11
For any fishing vessel applying for the distant water fisheries
 permit of the frozen yellowfin tuna group, the competent 
authority shall come up with a list of vessel priority in 
accordance with the following sequence of priority:
(1) First priority: the fishing vessel was formerly approved by 
the competent authority as the frozen yellowfin tuna group in 
the Indian Ocean and has not lost such qualification; or the 
fishing vessel is newly built which has received the replacement
 tonnage of a tuna longline fishing vessel of the frozen 
yellowfin tuna group in the Indian Ocean.
(2) Second priority: the fishing vessel was formerly approved by
 the competent authority as the frozen yellowfin tuna group in
 the Pacific Ocean and has not lost such qualification.
(3) Third priority: the fishing vessel was the small scale
 longliner which is approved as the general group in the current
 year in the Indian Ocean.
 
In the event that the number of applying fishing vessels in the
 preceding paragraphs exceeds the limits, the competent 
authority shall draw lots to decide the priority in an 
equitable and impartial manner. 
 
In the event that the number of fishing vessels which obtain 
the distant water fisheries permits of the frozen yellowfin 
tuna group does not reach the limit of the current year, the 
vacancy shall be filled pursuant to the sequence of priority 
prescribed in the preceding two paragraphs, and the competent 
authority may announce in due course to accept applications, 
notwithstanding the application deadline prescribed in Article 
9.
 
Article 12
The distant water fisheries operator who has obtained the 
distant water fisheries permit of bigeye tuna group may apply 
to the competent authority to fish in the oilfish fishing area
 in the current year, notwithstanding the application 
procedures and deadline prescribed in Article 9.
 
Article 13
In case of any of the following conditions, the distant water 
fisheries operator may submit the documents prescribed in 
Article 7 and apply for the distant water fisheries permit to 
the competent authority, notwithstanding the application 
procedures and deadline prescribed in Article 9:
(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; or 
(6) The suspension of the fishing license has been executed 
completely.
 
Article 14
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, GT, length overall (LOA) and fisheries 
type of the fishing vessel;
(3) Name of the distant water fisheries operator;
(4) The authorized fishing Ocean, group, fishing area(s), and 
fishing period;
(5) The International Radio Call Sign (IRCS); and 
(6) The IMO ship identification number or LR number. Fishing 
vessels less than 100 GT shall be exempted from this provision. 
 
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 15
Fishing vessels intending to interchange the groups or fishing 
Oceans shall apply for the approval from the competent 
authority.
 
In the event that a large scale longliner intends to change the
 group or fishing Ocean with other fishing vessel, the 
following provisions shall be met:
(1) Distant water fisheries operators of both vessels are 
members of the Tuna Association;
(2) Both vessels have the valid certificates of distant water 
fisheries permits;
(3) The fishing vessel intending to change to the bigeye tuna
 group shall be equipped with ultra-low temperature devices, 
and its distant water fisheries operator has made a guarantee 
letter to assume the duty from the original fishing vessel of
 bigeye tuna group to pay the reimbursement of the vessel
 reduction program; and    
(4) The penalty of suspending the fishing license has been 
completely executed.
 
Small scale longliners are allowed to only the interchange of
 groups between the frozen yellowfin tuna group of the Pacific 
Ocean and that of the Indian Ocean. 
 
For any fishing vessel approved to change the group or fishing 
Ocean, documents shall be provided to prove the fish holds have
 been empted and the certificate of the distant water fisheries
permit originally issued shall be returned for the issuance of 
the new certificate of distant water fisheries permit after the
 change of fishing Ocean or group.
 
Chapter III Fishing Vessel and Fishing Gear Markings
 
Article 16
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 17 
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 9.
 
Article 18
The IRCS shall be placed above the waterline on both sides of 
any fishing vessels and on a deck where the IRCS is not obscured
 by fishing gear(s), and shall be clear of the bow, stern, 
discharge or areas which might be prone to damage or 
discoloration. In case that the lowest edge of characters is 
under the waterline when the fish holds are full, the IRCS shall
 be placed on the fishing vessel’s superstructure.     
 
Article 19
Fishing gear(s) of any tuna longline fishing vessel shall be 
equipped with signal flags, radar reflector buoys or other
 similar devices so as to identify the position(s) and fishing 
area(s).
 
The devices as referred to in the preceding paragraph shall be
 marked with the same CT number or IRCS as the tuna longline 
fishing vessel concerned.
 
Chapter IV Fishing Gears and Methods, and Mitigation Measures
 for Incidental Catch 
 
Article 20
For any tuna longline fishing vessel navigating through the 
water under national jurisdiction of any foreign country, all 
fishing equipment on board shall be stowed and secured, and such 
vessel shall not conduct activities such as arrangement of 
fishing gears or fishing, except that it has engaged in 
fisheries cooperation with the foreign country concerned.
 
Article 21
Any tuna longline fishing vessel shall carry on board the line
 cutter, de-hooker and scoop/dip net, formats of which are as 
shown in Appendix 10, to release incidentally caught seabirds 
and sea turtles.
 
Article 22
Any longline fishing vessel fishing in the Indian Ocean south 
of 25°S shall employ at least two of the following three seabird
 bycatch mitigation measures, the specifications of which are
 as shown in Appendix 11, and shall record the mitigation 
measures taken during each fishing operation on the E-logbook 
and logbooks:
(1) Night setting with minimum deck lighting.
(2) Tori lines.
(3) Weighted branch lines.
 
Chapter V Catch Limits or Quotas
 
Article 23
For the purpose of these Regulations, the species with catch 
limit (hereinafter referred to as “fish species with catch 
limit”) as referred to in subparagraph (7) of Article 13, 
paragraph 1 of the Act means bigeye tuna and yellowfin tuna.
 
Article 24
The annual total catch quota (unprocessed round weight, 
hereinafter the same when referring to “quota” in the 
following provisions) of the Republic of China in the Indian 
Ocean and the quota for individual tuna longline fishing vessel
 shall be promulgated by the competent authority in accordance
 with the conservation and management measures.  
 
The annual total catch quota of the species with catch limit 
shall be allocated to the large scale longliners and small 
scale longliners in accordance with the following percentage:
(1) Bigeye tuna: 85.7% for large scale longliners, and 14.3% 
for small scale longliners.
(2) Yellowfin tuna: 43% for large scale longliners, and 57% for
 small scale longliners.
 
In the event that the catch amount of yellowfin tuna has 
reached 95% of the quota allocated to large or small scale 
longliners, the competent authority may order large or small 
scale longliners to stop catching yellowfin tuna by a deadline.
 
The period for using the quota as referred to in paragraph 1 
shall be from January 1 to December 31 of the current year.
 
The total remaining quota of the current year in the Indian 
Ocean may be arranged by the competent authority.
 
Article 25
The distant water fisheries permit of the current year shall 
be obtained for granting the quota of the current year to the 
tuna longline fishing vessel. For any tuna longline fishing 
vessel that has not obtained the distant water fisheries permit
 of the entire year, the quota shall be granted in accordance 
with the percentage that the number of month(s) approved
 accounts for the whole year.
 
Article 26
The catch amount (unprocessed round weight, hereinafter the 
same when referring to “catch amount” in the following 
provisions) of the fish species with catch limit for any tuna 
longline fishing vessel shall not exceed the quota allocated 
to the individual vessel for the current year. In case of 
excess, the annual quota of such fishing vessel for the 
following year shall be deducted accordingly.
 
Article 27
In case of any of the following conditions, the competent 
authority shall grant the quota of the current year in 
accordance with the percentage that the number of month(s) 
the tuna longline fishing vessel actual fishes accounts for 
the whole year; shall retrieve the quota on a pro-rata basis 
from the tuna longline fishing vessel which has been granted
 the quota; or shall deduct the quota allocated for the 
following year in the event that the quota is unable to be 
retrieved from the vessel:     
(1) The tuna longline fishing vessel is punished by the 
competent authority of the suspension of the fishing license
 for one month and above.
(2) The tuna longline fishing vessel is detained in the port
 by foreign government.
 
Article 28
Any small scale longliner shall not target bigeye tuna.
 
The targeting of bigeye tuna as referred to in the preceding 
paragraph means the bigeye tuna catch amount of the fishing 
vessel in a single month exceeds over 30% of its total catch 
amount of the same month.
 
Article 29
For any tuna longline fishing vessel which changes the fishing
 Ocean or group with other vessel pursuant to Article 15, its
 individual vessel quota for the remaining period of its 
permit shall be the remaining quota of that other vessel, and 
its annual individual vessel quota of bigeye tuna shall be 
limited as follows:
(1) For any large scale longliner: 330 metric tons.
(2) For any fishing vessel of the frozen yellowfin tuna group:
 40 metric tons.
 
For any vessel of the general group that fishes in the Pacific
 and Indian Ocean, its total annual individual vessel quota of
 bigeye tuna shall be limited to 20 metric tons. 
 
Article 30
In the event that the following requirements are met, the 
bigeye tuna quota of a fishing vessel of the bigeye tuna group
 may, through the coordination of the Tuna Association which 
reports to the competent authority for approval, be transferred
 to other fishing vessel(s) of the bigeye tuna group:
(1) The bigeye tuna quota of the receiving fishing vessel shall
 not exceed 330 metric tons after the transfer; and
(2) Both the transferring and receiving fishing vessels shall 
not have any record   of violation in the current year.
 
In the event that any fishing vessel of the bigeye tuna group
 has transferred accumulated 30 metric tons of bigeye tuna 
quota, it shall enter into a port for stop fishing for one 
month in the current year; for the transfer of accumulated 60 
metric tons of bigeye tuna quota, it shall enter into a port
 for stop fishing for two months, and so forth.   
 
For the fishing vessel entering into a port for stop fishing in
 accordance with the preceding paragraph, the starting and 
ending dates of the period and the berthing location shall be 
specified at the time when applying for the approval of 
transferring quota from the competent authority.
 
The individual vessel quota of yellowfin tuna may, with the 
approval of the competent authority, be transferred to other 
fishing vessel(s). After such transfer, the total yellowfin tuna
 quota of a receiving large scale longliner shall not exceed 
100 metric tons, and that of a receiving small scale longliner 
shall not exceed 90 metric tons. 
 
Article 31
The competent authority may, after July of each year, announce 
the additional bigeye tuna quota that can be applied for.
 
For the application of the additional quota as referred to in
the preceding paragraph, the following provisions shall be met:
(1) For the fishing vessel of bigeye tuna group: such fishing 
vessel has received the bigeye tuna quota from other vessel(s),
 and its accumulated 330 metric tons of bigeye tuna quota has 
been used up to 70%.
(2) For the fishing vessel of frozen yellowfin tuna group: 
such fishing vessel has used its bigeye tuna quota up to 70%.
 
The maximum additional quota for each fishing vessel as 
referred to in the preceding paragraph shall be 70 metric tons
 for the fishing vessel of bigeye tuna group and 40 metric 
tons for that of frozen yellowfin tuna group.
 
The additional bigeye tuna quota acquired in accordance with 
paragraph 2 shall not be transferred.
 
Article 32
The competent authority may grant premium quota to the 
catching vessel which cooperates with the competent authority 
to carry out relevant experiments, researches or management 
measures.
 
The premium quota as referred to in the preceding paragraph 
shall not be transferred.
 
Chapter VI Management of Vessel Position Reporting
 
Article 33
The ALC on board shall be maintained functional at all time,
 whether at sea or in port.
 
Tuna longline fishing vessels or carrier vessels of the 
Republic of China shall transmit at least one vessel position
 in every four hours.
 
Fee for the services and communications of the ALC shall be
 borne by distant water fisheries operators.
 
Article 34
In case that a fishing vessel needs to stay in a domestic 
port for three days and above or in a foreign port for 
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 35
Any fishing vessel of 100 GT and above shall carry at least 
one spare set of ALC on board.
 
In case that the identification number of ALC on board has 
been changed, the distant water fisheries operator shall 
notify the competent authority or the commissioned 
professional institution in writing.
 
Article 36
The ALC is deemed as signal-lost in the event that the 
commissioned professional institution has not received 
positions automatically transmitted by the ALC 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 
and the vessel positions shall be recorded by automatic 
recording satellite navigator for perusal in later days. The
 format of the facsimile is as shown in Appendix 12.
 
The transmit of vessel positions as referred to in the 
preceding paragraph shall be every four hours for any tuna 
longline fishing vessel and carrier vessel of the Republic 
of China.
 
For any fishing vessel with spare set of ALC on board, it 
shall report to the competent authority of using the spare 
set during the malfunction of the ALC. In case that the 
spare set is also mal-functional, the spare set from other 
fishing vessel may be deployed after obtaining the competent
 authority’s approval.
 
Article 37
In the event that the ALC onboard is deemed as signal lost 
for an accumulative period of 15 days and above during one 
fishing trip, the competent authority may order such fishing
 vessel to stop fishing immediately and directly navigate to
 a designated port within the required timeframe for repair. 
The vessel shall not leave the port until the commissioned 
professional institution has confirmed that such ALC can 
regularly and normally transmit vessel positions.
 
Any expense incurred from port return, port entrance and 
confirmation of position transmitting as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.
 
Chapter VII Logbooks and Catch Reports
 
Article 38
In the event that any tuna longline fishing vessel leaves a 
port, its captain shall daily report catch data through the
 E-logbook system designated by the competent authority, and 
shall completely and accurately fill in the logbooks 
designated by the competent authority by fishery types, 
where there is any catch or not.  
 
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 during one fishing trip, the competent authority may 
order such fishing vessel to stop fishing immediately and 
directly navigate to a designated port within the required 
timeframe for repair. 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 
confirmation of E-logbook system as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.
 
Article 39
In the event that the quota of the fish species with catch
 limit is exhausted, any tuna longline fishing vessel shall 
immediately discard any catch of such species and shall record 
the amount of discard on the logbooks and the E-logbook system.
 
Article 40
In case that any tuna fishing vessel finds any sea turtle 
during fishing operation, such vessel shall, where 
practicable, bring aboard any comatose or inactive sea turtle
 as soon as possible, and foster its recovery and return it 
to the sea at once after recovery. 
 
Any seabird, sea turtle, whale shark, cetacean, penguin or 
prohibited species promulgated by the competent authority 
incidentally caught by any tuna fishing vessel shall be 
released when caught alive or discarded dead, and the 
number(s) be duly recorded on the logbooks and the E-logbook 
system.
 
Article 41
The number(s) of any fish species of no economic value or no 
utilizing value caught and discarded by any tuna fishing 
vessel shall be released immediately, and number(s) discarded 
shall be duly recorded on the logbooks and the E-logbook
 system.
 
Article 42
The E-logbook data or the logbook(s) submitted shall not be 
altered or amended, unless there is apparent content with the
 data and the competent authority has approved.
 
Article 43
The complete logbooks shall be maintained on board any tuna 
longline fishing vessel for at least one year. 
 
In case that any tuna longline fishing vessel enters a port
 or transships its catch at sea, a copy of the logbooks shall 
be submitted to the competent authority for perusal in 
accordance with the following timeframe:
(1) For port entry: within 60 days starting from the date the 
fishing vessel enters the port.
(2) For transshipment at-sea: within 60 days starting from 
the date the carrier vessel enters the port.
 
Article 44
For fish species with catch limit, the discrepancy between 
the catch amount recorded in the E-logbook or the logbook 
during one fishing trip of any tuna longline fishing vessel 
and the actual landing amount shall not exceed 10% of the 
actual landing amount. For fish species not under catch limit,
 such discrepancy shall not exceed 20% of the actual landing 
amount.
 
In case that the discrepancy as referred to in the preceding 
paragraph for fish species with catch limit is less than two 
metric tons, or four metric tons for fish species not under 
catch limit, it may be deemed that the catch amount recorded 
in the E-logbook or the logbook corresponds with the actual 
landing amount.
 
Article 45
Any of the following conditions shall be defined as “seriously
 misreporting” as referred to in subparagraph (12) of Article 
13, paragraph 1 of the Act:
(1) For fish species with catch limit, the discrepancy between 
the catch amount recorded in the E-logbook or the logbook and 
the actual landing amount exceeds two metric tons as well as 
20% of the actual landing amount. 
(2) For fish species not under catch limit, the discrepancy 
between the catch amount recorded in the E-logbook or the 
logbook and the actual landing amount exceeds four metric tons
 as well as 50% of the actual landing amount.
 
Chapter VIII Management of Shark Catch
 
Article 46
For any tuna longline fishing vessel employing ice chilling 
method to preserve its sharks catches and transporting such 
sharks catches to land in a domestic port, shark fins shall not
 be fully cut off and shall be naturally attached to the 
carcasses (hereinafter referred to as “fins naturally 
attached”).
 
For any large scale longliner employing freezing method to 
preserve its sharks catches and transporting such sharks 
catches to land in a domestic port,, shark fins shall be 
naturally attached.
 
For any small scale longliner employing freezing method to 
preserve its sharks catches and transporting such sharks 
catches to land in a domestic port, shark fins shall be 
naturally attached or alternatively the dorsal fins and 
pectoral fins shall be tied to the corresponding carcass, 
while the caudal fins may be stored separately. The caudal
 fins and carcasses shall be transshipped or landed 
concurrently in the same shipment, and the number of caudal
 fins shall be consistent with that of carcasses.
 
Article 47
In case of at-sea transshipment of shark catches, shark 
carcasses and fins shall be transshipped or landed 
concurrently in the same shipment. 
 
When sharks catches arrive at the first foreign port of 
landing, the weight of fins shall not be more than 5% of the
 weight of the shark catches.
 
Chapter IX The Designation and Management of Ports for 
Transshipment or Landing
 
Article 48
Any fishing vessel intending to conduct transshipment or 
landing at foreign ports located in the Indian Ocean shall 
be limited to the ports stipulated in Appendix 13.
 
Any fishing vessel with the distant water fisheries permit 
to fish in the Atlantic or Pacific Ocean applying for landing
 or transshipping in the ports as stipulated in Appendix 13 
shall apply for the authorization from the competent 
authority 14 days before the fishing vessel enters into the 
port.
 
Article 49
Any carrier vessel intending to transship catches from tuna 
longline fishing vessel(s) shall meet any of the following 
requirements:
(1) It is a carrier vessel of the Republic of China and has
 obtained the distant water fisheries permit; or 
(2) It is a foreign carrier vessel listed on the carrier 
list of the India Ocean Tuna Commission (hereinafter referred 
to as “IOTC”), and has been installed with the ALC which 
meets the standards specified by the competent authority. At 
least one position in every four hours shall be sent to the 
commissioned professional institution.   
 
Article 50
Any carrier vessel of the Republic of China shall not 
transship with, refuel or supply any fishing vessel not 
listed in the authorized fishing vessel list of IOTC, or any
 fishing vessel that has altered its name or registration 
number.
 
Article 51
In case of any of the following circumstances, the competent
 authority shall list the foreign carrier vessel concerned 
which transships catches from tuna longline fishing vessel(s)
 on the non-cooperative carriers list:
(1) The foreign carrier vessel has violated any provision 
regarding vessel position reporting;
(2) The foreign carrier vessel has violated any provision 
regarding transshipment or landing.
 
Article 52
Any tuna longline fishing vessel under 24 meters shall not 
conduct transshipment at sea.
 
Article 53
Any carrier vessel intending to conduct transshipment at sea
 shall receive an observer in accordance with the IOTC 
regional observer program to conduct observation mission on 
board. For any carrier vessel intending to conduct 
transshipment in port, it shall receive the observer 
designated by the competent authority to conduct observation
 mission on board.
 
Any distant water fisheries operator whose tuna longline 
fishing vessel(s) conducts transshipment at sea in the 
Indian Ocean shall share the cost for the implementation of
 the IOTC regional observer program.
 
Article 54
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 and apply to 
the competent authority ten working days before the in-port
 transshipment or 30 days before the at-sea transshipment 
for approval. The content of the information to be submitted 
is as shown in Appendix 14.
 
In case of any addition to the list of the tuna longline 
fishing vessel(s) in the transshipment plan approved by the 
competent authority, the application shall be submitted three
 working days before making such addition to the competent 
authority for approval. The transshipment with the concerned 
tuna longline fishing vessel(s) may only be conducted after 
the approval has been granted. Any application submitted after
 the prescribed deadline shall be denied.
 
In case that the number of the tuna longline fishing vessel(s)
 listed in the transshipment plan referred to in the preceding 
paragraph is reduced, such change shall be reported to the 
competent authority within three working days of such change.
 
Article 55
In case of any of the following circumstances, the application 
of transshipment plan made in accordance with Article 54 shall 
be denied:
(1) The carrier vessel concerned does not meet the requirements 
stipulated in Article 49;
(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
 has not been paid completely.
 
Article 56
Any tuna longline fishing vessel and 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 and submit it to the 
competent authority three working days before the estimated 
date of transshipment. The format of the Transshipment 
Notification is as shown in Appendix 15.
 
Article 57
In case of any of the following circumstances, the competent 
authority may not authorize the concerned tuna longline 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 for the catches to be 
transshipped.
 
Article 58
In the event that the catch of any tuna longline 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 56 before re-transshipping such catch.
 
Article 59
The tuna longline fishing vessel or carrier vessel which obtains
 the approval to transship pursuant to Article 56 shall not 
conduct the transshipment in the event that the ALC on board is 
signal-lost and has not been repaired.
 
Article 60
The IOTC Transshipment Declaration shall, within 24 hours after
 the completion of transshipment conducted in the Indian Ocean
 by any carrier, be filled in and submitted to the IOTC and the
 competent authority. The format of the IOTC Transshipment 
Declaration is as shown in Appendix 16.
 
The IOTC transshipment declaration shall, within 24 hours after
 the completion of transshipment conducted in port by any 
carrier, be filled in and submitted to the authority concerned 
of the port State and the competent authority.
 
The distant water fisheries operator or the captain of any tuna
 longline fishing vessel shall, within seven working days after
 the completion of transshipment, submit the Transshipment 
Declaration to the competent authority. The format of the 
Transshipment Declaration is as shown in Appendix 16.
 
Article 61
The distant water fisheries operator or the captain of any tuna
 longline 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 
landing, fill in the Advance Notice of Landing and submit to the
 competent authority for approval. The format of the Advance
 Notice of Landing is as shown in Appendix 17.
 
Article 62
The distant water fisheries operator or captain of any tuna 
longline fishing vessel shall fill in and submit to the 
competent authority the Landing Declaration within five working
 days after the completion of landing. The format of the Landing
 Declaration is as shown in Appendix 17.
 
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 63
The distant water fisheries operator and captain of any fishing
 vessel shall accept port inspections conducted by the 
competent authority or the independent third party for 
verification of the catch landed or transshipped.
 
The distant water fisheries operator or captain of any fishing 
vessel that is designated by the competent authority to be 
inspected shall comply with the following:
(1) For inspections conducted by the competent authority: the 
landing or transshipment shall be started only after the 
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 64
The distant water fisheries operator of any tuna longline 
fishing vessel shall, within 60 days after the completion of 
landing, submit sales or inventory information to the competent
 authority. The sales information shall at least include 
buyer(s), fish species and quantities.   
 
Chapter X Observation and Inspection during Fishing Operations
 
Article 65
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 working days before the date of intended port entry or 
departure.
(2) To embark and disembark the observer at the time and place 
informed by the competent authority.
(3) To provide the observer, while onboard the vessel, with 
food, accommodation, adequate sanitary amenities, and medical 
facilities of a reasonable standard equivalent to those 
normally available to an officer onboard the vessel.
(4) To instruct the captain and crew of the vessel matters 
related to the cooperation with or assisting the observer in 
carrying out the duties.
 
Article 66
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 
provision 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 67
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 XI Special Management Measures for High Risk Fishing 
Vessels
 
Article 68
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 69
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 VII of these Regulations.
(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 70
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 XII Supplemental Provisions
 
Article 71
Any tuna longline fishing vessel shall not fish within one 
nautical mile off a data buoy, or take on board, possess or 
cause damage to the data buoy. 
 
In case that the fishing gear becomes entangled with the data 
buoy, the entangled fishing gear shall be removed with as 
little damage to the data buoy as possible.
 
In case of finding any data buoy that is damaged or
 non-functional, the captain shall report to the competent 
authority the date, location, and the identifying information 
on the data buoy.
 
Article 72
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 73
These Regulations shall become effective on January 20, 2017.
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