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法規名稱(Title) Regulations on the Management of Fishing Vessels and Crews in Foreign Fishing Bases Ch
公發布日(Date) 2017.02.07
法規沿革(Legislative) Promulgated by the Ministry of Economic Affairs on 22 July 1968,
under Order No. Jin-Tai (57) Nun-Tzu 25623
Amended in title and full text, and promulgated by the Council
of Agriculture, Executive Yuan on 30 October 1989, under Order
No. (78) Nun-Yu-Tzu 8144799A. (Original Title: Regulations on
Managing Taiwan Area Deep Sea Fishing Vessels and Crews
Operating in Foreign Bases)
Amended in title and full text, and promulgated by the Council
of Agriculture, Executive Yuan on 27 January 1992, under Order
No. (81) Nun-Yu-Tzu 0040656A. (Original Title: Regulations on
Taiwan Area Fishing Vessels and Crews Operating Fisheries in
Foreign Bases)
Amended in full text containing twenty articles, and promulgated
by the Council of Agriculture, Executive Yuan on 14 August 1996,
under Order No. 85 Nun-Yu-Tzu 5040651A.
Amended to Article 6, and promulgated by the Council of
Agriculture, Executive Yuan on 31 March 1999, under Order No. 88
Nun-Yu-Tzu 88600134.
Amended to Article 2, and promulgated by the Council of
Agriculture, Executive Yuan on 29 June 1999, under Order No.88
Nun-Yu-Tzu 88670008.
Amended to Article 20 and 21, and promulgated by the Council of
Agriculture, Executive Yuan on 30 June 2000, under Order No.89
Nun-Yu-Tzu 891330309.
Amended to Article 20, and promulgated by the Council of
Agriculture, Executive Yuan on 16 August 2000, under Order No.
89 Nun-Yu-Tzu 891330497.
Amended and promulgated by the Council of Agriculture, Executive
Yuan on 31 August 2004, under Order No. Nun-Sho-Tzu 0931331174.
Amended to Article 12 and promulgated by the Council of
Agriculture, Executive Yuan on 20 April 2009, under Order No.
Nun-Sho-Tzu 0981330199.
Amended in full text containing twenty two articles, and
promulgated by the Council of Agriculture, Executive Yuan on 28
July 2010, under Order No. Nun-Sho-Tzu 0991330878.
Repealed by the Council of Agriculture, Executive Yuan on 7
February 2017, under Order No. Nun-Sho-Tzu 1061332384.
法規內文(Content) Article 1
These Regulations are established pursuant to Article 39 of the
 Fisheries Act (hereinafter referred to as "the Act").
 
Article 2
For the need of fisheries development and the operation of 
fishing vessels, the competent authority of the Central 
Government may select appropriate foreign ports for use as 
foreign fishing bases for national fishing vessels (hereinafter
 referred to as “the foreign base”).
 
Article 3
No fishing vessel shall conduct the following operations in a 
foreign base without prior authorization:
1. Use the foreign base for the purposes of fishing, selling 
of fish, or taking supplies;
2. Use the foreign base for the purposes of transshipping fish 
products.
 
Article 4
Any fishing vessel that applies for operation in a foreign base 
shall install vessel automatic location communicator of a vessel 
monitoring system (VMS/ALC) designated by the competent 
authority of the Central Government.
Any matter concerning the maritime safety, wireless 
telecommunications and ocean-going navigational devices on the 
fishing vessels as referred to in the preceding paragraph, shall 
be subject to the provisions of the relevant laws and 
regulations on shipping, telecommunication and other such 
related legislations.
 
Article 5
Any fishery operator whose vessel intends to operate in a 
foreign base shall fill in the application form, accompanying 
the following documents, to apply to the competent authority of 
the Central Government for approval: 
1. A copy of fishing license.
2. A copy of fishing vessel survey certificate.
3. A list of crewmembers.
4. Copies of fishing vessel officer’s professional certificates.
5. A copy of the certificate for basic safety training of 
fishing vessel crewmembers.
6. A document certifying the vessel’s automatic location 
communicator duly tested by Overseas Fisheries Development 
Council of the Republic of China as capable of making automatic
 position
reporting.
7. Information showing that communication fee for the automatic 
location communicator on the fishing vessel has been prepaid for 
a period of not less than one year.
8. A photograph taken within one year showing the side of the 
vessel with the marking of its international identification or a 
document certifying to that effect.
9. Any other documents designated by the competent authority of 
the Central Government.
The application form referred to in the preceding paragraph 
shall indicate the following items:
1. Name of the vessel.
2. Serial number.
3. Gross tonnage.
4. Length overall of the fishing vessel
5. Type of fishery.
6. Name of the fishery operator.
7. Intended fishing area and foreign base.
8. International radio call sign.
9. Period of operation.
 
Article 6
In approving the fishery operator to operate in a foreign base, 
the competent authority of the Central Government shall issue 
the certificate of operation in a foreign base. 
The certificate referred to in the preceding paragraph shall 
include the following items:
1. Number of the certificate.
2. Name of the vessel.
3. Serial number.
4. Gross tonnage.
5. Length overall of the fishing vessel.
6. Type of fishery.
7. Name of the fishery operator.
8. Foreign base and fishing area.
9. International radio call sign.
10. Period of authorization.
11. Deadline of port departure. 
 
Article 7
The maximum duration authorized for the certificate of operation
 in a foreign base shall not exceed two years and six months. In 
case extension of fishing operation is required upon its expiry, 
the fishery operator shall fill in the application form, 
accompanying the designated documents required under Article 5, 
paragraph 1, subparagraphs 2 to 5 and subparagraphs 7 to 9, to 
apply to the competent authority of the Central Government for 
renewal, within three months before its expiration date.
The certificate of operation in a foreign base issued to a 
fishing vessel, except for the provision as stipulated in 
paragraph 3, shall cease to be valid where anyone of the 
following incidents has been found:
1. The fishing vessel fails to depart for operation within the 
deadline of port departure as required.
2. The vessel has not resumed its fishing operation within three 
months after its return to homeport.
3. The fishing vessel fails to resume its fishing operation in a 
foreign base after its return to homeport. 
Any tuna longline fishing vessel of over 20 gross tonnage (GT) 
but under 100 GT, which returns to its homeport between March 
and July of each year and then proceeds to the Pacific Ocean for 
fishing bluefin tuna, is not subject to the restriction as 
stipulated in subparagraph 3 of the preceding paragraph. 
 
Article 8
Any fishing vessel operating in a foreign base shall comply with 
the following rules:
1. Shall operate in the ocean area or by the fishery type as 
approved;
2. Shall moor at the foreign base as approved;
3. Shall not carry on board articles other than fishing gear, 
fishing bait, catches and those articles that have been approved
 to carry;
4. Shall not carry any catch which is not caught by itself, 
provided that any fishing vessel which has completed its final 
fishing trip in a foreign base and returns to its homeport, it 
may carry catches caught by other ROC fishing vessels back to 
the country after obtaining permission in a case-by-case basis, 
from the competent authority of the Central Government.
5. Shall not catch or ship such aquatic animals or plants 
promulgated as prohibited to fish by the competent authority of 
the Central Government;
6. Accept an observer on board during fishing operation, and 
navigate
 to such a location for the embarkation and disembarkation of the 
observer.
7. Accept port inspector for conducting inspection of the fishing 
operation.
8. Maintain communications with government patrol vessels and 
accept
 boarding and inspection. 
9. Fish transport vessel shall not transship catch fished by any
 ROC fishing vessel in violation of the relevant regulations or
 shall not carry any prohibited catch or transship catches from 
any foreign fishing vessel.
10. Report vessel position and catch data in accordance with the 
required time interval.
11. Stop fishing and directly enter into a designated port for 
inspection, upon receipt of the order from the competent 
authority of the Central Government.
12. Comply with the catch transshipment regulations as 
promulgated by the competent authority of the Central 
Government.
13. Observe such other rules so promulgated by the competent 
authority of the Central Government.
A foreign base operation fishing vessel which has been 
authorized by the competent authority of the Central Government 
to operate in a specific ocean area, complies with the 
provisions of the preceding paragraph during its operation in 
the specific ocean area so authorized, may continue operating 
in that ocean area until the completion of its fishing 
operation. 
 
Article 9
With respect to the national crews he hired, a fishery operator 
of a fishing vessel which intend to operate in a foreign base, 
shall:
1. Submit the name list of crewmembers to the coastal guard 
authority of the port of its registration;
2. Inform the district fishermen’s association where the vessel 
belongs for record, in case of change of the crewmembers;
3. Have the crewmember repatriated to his home, in case any 
crewmember leaves the fishing vessel at a foreign base.
The crewmembers of any fishing vessel authorized to operate in 
a foreign base shall not leave port until security inspection
 has been conducted by the coastal guard authority at the port 
of its registration. 
 
Article 10
The obligatory military service of any national crewmember
 operating in a foreign base shall be subject to the provisions 
of the relevant military service act and regulations.
 
Article 11
In case where a fishing vessel operating in a foreign base is 
short of crew to maintain its normal operation, the fishery 
operator may hire foreign or Mainland Chinese crew to supplement
 in accordance with requirements made by the competent authority
 of the Central Government.
 
Article 12
Any fish caught by a fishing vessel operating in a foreign 
fishing base shall be sold under its own name. A fishing vessel 
shall not sell any fishery products under its name unless such 
products were caught by that vessel.
Any fish caught by a fishing vessel operating in a foreign base
 which is sold or exported at the base shall be exempted from 
issuing of unified invoice and application of export license.
Any fish caught by a fishing vessel operating in a foreign base,
 which is in conformity with one of the following provisions, 
shall be subject to exemption of import license and import tax:
1. Fish transported back home by the fishing vessel operating in
 a foreign base itself or authorized to be transported by a fish 
transport vessel or another fishing vessel.
2. Fish shipped by a commercial cargo vessel or by an airplane, 
which is certified by the relevant outstation embassy,
consulate, representative office, or such organization or
person as authorized by the competent authority of the Central
Government, and obtained fishing vessel catch certificate
documentissued by the competent authority of the Central
Government.
3. Fish shipped by a commercial cargo vessel or by an airplane, 
caught by a fishing vessel which has been designated by the 
competent authority of the Central Government for conducting a 
specific fishery and reported its position and catch in a timely 
manner, in accordance with fishing vessel position reporting 
measure, and has obtained a catch certificate document issued by 
the competent authority of the Central Government, applied 
through the fisheries association it belongs, or the competent 
authority of the municipality or prefecture. 
Fishing vessels for specific fisheries designated by competent
 authority of the Central Government as referred to in 
subparagraph 3 of the preceding paragraph, shall be promulgated 
in the government gazette accordingly by the competent authority 
of the Central Government based on types of fisheries, fishing 
areas and the practical need of fisheries management.
 
Article 13
In the event that a fishing vessel operating in a foreign base 
enters into port or a consignment of fish caught by a fishing 
vessel operating in a foreign base under transshipment arrives
 in port, the fishery operator shall submit the catch reports 
to the competent authority of the Central Government for 
perusal within sixty days from the day such incident.
After a fishing vessel operating in a foreign base completes 
its fishing operation as indicated in the preceding paragraph,
 the fishery operator shall submit information on the sale of 
fish and its stocktaking to the competent authority of the 
Central Government for perusal within sixty days.
 
Article 14
Fish caught by any fishing vessel operating in a foreign base
 may be assigned to an agent for selling or transshipping. 
Any agent desirous of handling the sale or transshipment of 
fish caught by any fishing vessel operating in a foreign base
 shall only commence its business after its application to 
and duly approved by the competent authority of the Central 
Government with the following accompanying documents,:
1. Document showing the name of the agent, company structure,
 capital amount and name of its legal representative.
2. A copy of business permit issued by the government.
3. Business plan.
Any agent, having been approved to handle the sale of fish 
prior to the amendment and entry into force of these 
Regulations on July 28, 2010, desirous of handling the 
transshipment of the fish caught by any fishing vessel 
operating in a foreign base, shall apply to competent 
authority of the Central Government for approval pursuant to
 the provisions of the preceding paragraph.
 
Article 15
After an agent who has been assigned to handle the sale of
 fish for a fishing vessel operating in a foreign base 
completes sales transactions, the agent shall submit 
information on the sale of fish to the competent authority of
 the Central Government for perusal in a monthly basis.
Where any agent who has not made such reports in accordance
 with the provision as set in the preceding paragraph or has 
submitted incorrect reports, the competent authority of the
 Central Government may request the agent to make 
supplementary information within a required timeframe. Where
 the agent fails to act so upon expiration of the deadline 
date, the authority shall give notice of rectification to the 
agent and request submission of supplementary information. In 
case the agent has been given three times notices of 
rectification in a single case, its approval to handle sale
 of fish shall be subject to abrogation.
The provision of the preceding paragraph shall be listed as
 an additional requirement for the approval of any agent 
handling the sale of fish. 
 
Article 16
Any agent desirous of using foreign flagged fish transport 
vessel to transship fish caught by any fishing vessel 
operating in a foreign base, shall apply to the competent 
authority of the Central Government for prior approval in a 
case-by-case basis, and comply with the regulations for fish 
transshipment as promulgated by the competent authority of 
the Central Government.
Where any agent infringes the provisions of the preceding 
paragraph, the competent authority of the Central Government
 may abrogate its qualification to use foreign flagged fish 
transport vessels to transship fish caught by fishing vessels
 operating in a foreign base. In case of severe 
infringements, the authority may abrogate its approval to
 handle the sale of fish caught by any fishing vessel
 operating in a foreign base.
The provision of the preceding paragraph shall be listed as an 
additional requirement for the approval of any agent using 
foreign flagged fish transport vessel to transship fish caught
 by fishing vessels operating in a foreign base and handling 
the business of transshipment of fish.
 
Article 17
Where a fishing vessel authorized to operate in a foreign base,
 whose fishery type or operation area is subject to a 
transshipment scheme as stipulated by an international fishery 
organization, and the fish caught by that vessel is 
transshipped by a foreign flagged fish transport vessel, such
 foreign flagged fish transport vessel shall be limited to
 those authorized by the competent authority of the Central 
Government.
Regulations for the transshipment of fish caught by fishing 
vessel in different ocean areas and fishery types and the
 procedures for the approval of foreign flagged fish transport
 vessel shall be stipulated by the competent authority of the
 Central Government, pursuant to Article 54, paragraph 5 of 
the Act, taking into account the resolution relating to 
transshipment adopted by the regional international fisheries 
organizations.
 
Article 18
Any fishing vessel operating in a foreign base which has 
committed anyone of the following infringements, other than 
that as provided in Paragraph 2, its fishing license or the 
professional certificate of its captain shall be subject to
 suspension for a period of not more than one year. In case 
of severe infringements, its fishing license or the 
professional certificate of the captain shall be subject to
 revocation.
1. In violation of the provisions of Article 3.
2. In violation of the provisions of Article 7, paragraph 1.
3. In violation of anyone of the provisions of Article 8, 
paragraph 1, subparagraph 1 or subparagraphs 4 to 12.
4. In violation of the provisions of Article 9, paragraph 1, 
subparagraph 3.
5. In violation of the provisions of Article 12, paragraph 1.
6. In violation of the provisions of Article 17, paragraph 1.
A fishing vessel which has violated the provisions of Article 
7, paragraph 1, continues to report its positions and catch data
 and conduct transshipment after the expiry of the period 
authorized, in accordance with of Article 8, paragraph 1, 
subparagraphs 10 and 12, shall be subject to imposition of a 
fine of not less than thirty thousand but not more than one 
hundred and fifty thousand New Taiwan Dollars, pursuant to 
Article 65, paragraph 8 of the Act. 
 
Article 19
Any fishing vessel operating in a foreign base which has 
committed anyone of the following infringements, shall be 
subject to imposition of a fine of not less than thirty 
thousand but not more than one hundred and fifty thousand New
 Taiwan Dollars, pursuant to Article 65, paragraph 8 of the 
Act:
1. In violation of the provisions of Article 8, paragraph 1,
 subparagraph 2, 3 or 13.
2. In violation of the provisions of Article 9, paragraph 1,
 subparagraph 1 or 2.
3. In violation of the provisions of Article 13.
 
Article 20
In case after imposing of the punishment for the suspension of
 the fishing license of a fishing vessel pursuant to Article 
18, paragraph 1, the punishment cannot be executed due to the 
loss of the fishing vessel, a fine of not less than thirty 
thousand but not more than one hundred and fifty thousand New 
Taiwan Dollars shall be imposed, pursuant to Article 65, 
paragraph 8 of the Act. 
 
Article 21
The competent authority of the Central Government may assign 
its subordinating agency or the relevant municipal, prefecture 
or township to issue the certificate of operation in a foreign
 base, under the name of the competent authority of the Central
 Government.
 
Article 22
These Regulations shall enter into force on the date of 
promulgation.