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法規名稱(Title) Regulations on the Investment in or the Operation of Foreign Flag Fishing Vessels Ch
公發布日(Date) 2017.01.20
法規沿革(Legislative) 1.The entire text of 7 Articles enacted and promulgated on 15
January 2010 by the Council of Agriculture, the Executive Yuan
under Order No. Nung-yu-tzu 0981333843.
2.The entire text amended to 8 Articles and promulgated on 20
January 2017 by the Council of Agriculture, Executive Yuan
under Order No. Nung-yu-tzu 1061332127.
法規內文(Content)
Article 1
These Regulations are established pursuant to Article 6 of the 
Act to Govern Investment in the Operation of Foreign Flag 
Fishing Vessels (hereinafter referred to as “the Act”).
 
Article 2
The international fisheries organizations as referred to in 
these Regulations means any international fisheries management
 organization or regional or sub-regional fisheries management
 organization established in accordance with international 
conventions, treaties or agreements.
 
Article 3
In case that the fisheries type(s) or fishing Ocean(s) of any 
foreign flag fishing vessel invested or operated by the person 
with the nationality of the Republic of China is subject to the 
measure of authorized fishing vessels list as required by the 
international fisheries organization(s), such vessel shall not 
leave port for fishing operation until the flag State concerned 
has completed listing such vessel on the authorized vessel list 
of the international fisheries organization(s).   
 
Article 4
Any foreign flag fishing vessel invested or operated by the 
person with the nationality of the Republic of China shall 
receive the observer dispatched by the flag State concerned and 
shall not refuse, evade, or obstruct the deployment of observer. 
Such fishing vessel shall fish in the fishing Ocean(s), fishing 
area(s), or fishing period(s), and with the fishing gear(s) and 
fishing method(s) as authorized by the flag State and coastal 
State concerned.
 
Article 5
In case that the fisheries type(s) or fishing Ocean(s) of any 
foreign flag fishing vessel invested or operated by the person
 with the nationality of the Republic of China is subject to 
the measure of reporting vessel positions as required by the 
international fisheries organization(s), flag State or coastal
 State concerned, such vessel shall comply with the regulations
 of position reporting as established by the international 
fisheries organizations(s), the flag State and coastal State 
concerned.  
 
Article 6
Any foreign flag fishing vessel invested or operated by the 
person with the nationality of the Republic of China that 
intends to catch fish species managed by the international 
fisheries organization(s) shall only catch such species whose 
catch limit or quota has been allocated to the flag State or 
coastal State concerned by the international fisheries 
organization(s), and shall catch under the catch limit or quota 
allocated to it by the flag State or coastal State concerned.
 
Article 7
In case that any person with the nationality of the Republic of 
China that conducts the business of fishery in sea areas beyond 
national jurisdiction by investing in or operating foreign 
fishing vessel(s) has violated relevant regulations on fishing 
stipulated by the flag State or coastal State concerned, or the 
regulations, except for  the serious infringements stipulated in 
Article 8, paragraph 1 of the Act, regarding authorization to 
fish, fishing area(s), fishing period(s), vessel positions 
reporting, fishing gear(s), fishing method(s) or quota 
stipulated in Article 3 to Article 6 of these Regulations, the 
criteria of consecutive punishment in accordance with Article 
11, subparagraph (2) of the Act shall be as follows:
(1) He who violates for the first time within three years shall 
be subject to a fine of two million New Taiwan Dollars.
(2) He who violates the same provision of violation for two 
times within three years shall be subject to a fine of four
 million New Taiwan Dollars.
(3) He who violates the same provision of violation for three 
times within three years shall be subject to a fine of six 
million New Taiwan Dollars.
(4) He who violates the same provision of violation for four 
times and above within three years shall be subject to a fine 
of ten million New Taiwan Dollars.
 
The basis for calculating the time(s) of violation as referred 
to in the preceding paragraph shall start from the date of last 
violation dated back to a period of three years.
 
Article 8
These Regulations shall enter into force on January 20, 2017.