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法規名稱(Title) Regulations on the Management and Approval of Foreign Flag Fishing Vessels Entering into Ports of the Republic of China Ch
公發布日(Date) 2017.01.20
法規沿革(Legislative) The full text of 13 articles promulgated by the Council of
Agriculture, Executive Yuan on January 20, 2017, under Order
No. Nong-Yu-Tsu 1051338468.
法規內文(Content) Article 1
These regulations are etablished in accordance with Article 22, 
paragraph 3 of the Act for Distant Water Fisheries (hereinafter 
referred to as the Act).
 
Article 2
Any foreign flag fishing vessel applying for port entry into the
 Republic of China shall not have any of the circumstances 
stipulated in Article 22, paragraph 2 of the Act, and shall meet
 the following conditions:
(1) The fishing vessel is listed in the approved vessel list(s)
 of the international fisheries organization(s) or holds a valid
 fishing license or fishing authorization document issued by the
 flag State.
(2) The fisheries type(s) conducted by the fishing vessel is not
 gillnet fishery.
 
Article 3
Port entry of any foreign flag fishing vessel into the Republic 
of China shall be limited to Keelung Port, Kaohsiung Port, 
Chen-Pin Fishing Harbor, and Chien-Chen Fishing Harbor.
Activities after the port entry as referred to in the preceding
 paragraph shall be limited to landing in port, transshipment in
 port or repair of fishing vessels.
 
Article 4
For any foreign flag fishing vessel intending to enter into 
ports of the Republic of China, the owner or the agent of such 
vessel shall apply, 14 days prior to arriving at the port, to 
the competent authority with the submission of the following 
documents for the port entry approval, which will be granted 
after examining the documents; for any foreign flag fishing 
vessel whose last departuring port is less than 1,600 nautical
 miles from the port applying for entry, the application may be
 filed five days prior to arriving at the port:
(1) Advance Notice of Port Entry (format as shown in Appendix 
1);
(2) Notification on Fishing, Transshipment or Landing (format 
as shown in Appendix 2);
(3) A copy of nationality certificate of the vessel concerned;
(4) A copy of the fishing license or fishing authorization 
document;
(5) A list of crew members (including name, nationality, 
year/month/date of birth, positions on board, passports or 
traveling document numbers) and copies of valid Certificate of
 Fishing Officers;
(6) Three photos of the portside, of the starboard, and of the
 stern of the vessel concerned. Each photo shall have a 
resolution of at least 150 pixels per inch at a size of 6 by 8
 inches and shall be no greater than 500 kilobytes (kB) in 
size; and
(7) For carrier vessels, the fish hold layout of the vessel 
concerned which can clearly distinguish catch species and 
quantities of each fish hold shall be provided.
The agent as referred to in the preceding paragraph shall be 
limited to the shipping agency of the Republic of China 
authorized under the Shipping Act.
 
In case that the documents as referred to in paragraph 1 are 
written in foreign language, a Chinese translation 
authenticated by public notary of the Republic of China shall
 be submitted. Such provision shall be exempted for the 
documents written in English.
For any foreign flag fishing vessel applying for entering 
Keelung Port or Kaohsiung Port, the owner or the agent of the
 vessel concerned shall, after obtaining the port entry 
approval as referred to in paragraph 1, apply for port entry 
from the shipping administration authority.
In case of force majeure or distress, owners or agents of
 foreign flag fishing vessels intending to enter Keelung Port 
or Kaohsiung Port may applying for emergent port entry in 
accordance with the Commercial Port Law, and shall be in 
compliance with the provisions stipulated in paragraph 1 to 
paragraph 3 within 24 hours after the port entry.
 
Article 5
In case that berths of Chen-Pin Fishing Harbor or Chien-Chen
 Fishing Harbor are insufficient, the competent authority may
 not approve the port entry applications offoreign flag 
fishing vessels.
 
Article 6
Any owner or agent of foreign flag fishing vessel shall, 
within 24 hours after the port entry, submit to the competent
 authority the Port Entry Report (format as shown in Appendix
3).
 
Article 7
Before entering Chen-Pin Fishing Harbor or Chien-Chen Fishing 
Harbor, any foreign flag fishing vessel shall complete 
inspections regarding shipping administration, customs, 
sanitary, immigration, disease containment, and quarantine in 
Keelung Port or Kaohsiung Port.
Any foreign fishing vessel approved to enter the fishing 
harbors as referred to in the preceding paragraph shall not 
berth for more than five days.
For any foreign flag fishing vessel entering into ports of the
 Republic of China that carries any crew from the Mainland 
China, such vessel shall cooperate with the Coast Guard and 
police authorities for security inspection(s). The Mainland 
Chinese crew shall be placed in the temporary boarding house on
 shore after inspection clearance.
The Mainland Chinese crew shall not leave the temporary boarding
 house on shore or return to the foreign flag fishing vessel 
concerned to assist in the work during the time of stay in the 
temporary boarding house.The cost for temporary boarding shall 
be borne by the owner or the agent of the foreign flag fishing 
vessel concerned.
 
Article 8
In case of any of the following circumstances, the competent 
authority may revoke the port entry approval of any foreign 
flag fishing vessel, and notify the shipping administration 
atuhority:
(1) After the port entry, the foreign flag fishing vessel has 
engaged in any activity inconsistent with the purpose as 
indicated in the application.
(2) The foreign flag fishing vessel has not entered the port for
 more than two days after its estimated time of arrival.
 
Article 9
Any foreign flag fishing vessel entering into ports of the 
Republic of China shall berth, land, transship or be repaired at
 the area(s) designated by the competent authority of the port.
 
Article 10
Any foreign flag fishing vessel entering into ports of the 
Republic of China for landing or transshipment shall pay 
relevant cost incurred from inspection(s) before commencing the
 landing or transshipment.
The time for landing or transshipment as referred to in the 
preceding paragraph shall be 6 a.m. to 18 p.m. every day. Any 
catch that is not yet landed or transshipped shall be sealed in
 the fish hold(s) by the competent authority, and such fish 
hold(s) shall not open unless the competent authority has 
approved.
The inspection(s) and the sealing of fish hold(s) as referred to
 in the preceding two paragraphs may be commissioned by the 
competent authority to affiliated agency/institution(s), the 
government of municipality, county or township, or other 
institution(s), legal person(s), or organization(s).
The owner or agent of any foreign flag fishing vessel shall 
submit the landing or transshipment declaration to the competent
 authority within two days after the completion of landing or 
transshipment.
In case that the purpose of any foreign flag fishing vessel 
entering into ports of the Republic of China is for only 
repairing, such vessel shall not land or transship.
 
Article 11
For any foreign flag fishing vessel entering into ports of the 
Republic of China for landing or transshipment, the discrepancy 
between the amount recorded in its Notification on Fishing, 
Transshipment or Landing and the actual landing or transshipment
 amount shall not exceed 10% of the actual landing or 
transshipment amount.
 
Article 12
The owner or agent of any foreign flag fishing vessel approved 
to enter into ports of the Republic of China shall submit to 
the competent authority the Notification of Port Departure 
(format as shown in Appendix 4) one day prior to the port 
departure.
 
Article 13
These Regulations shall enter into force on January 20, 2017.
圖表附件(Attachments)