跳到主要內容區塊

主管法規查詢系統

:::

英譯法規內容

法規名稱(Title) Regulations for Fishing Vessels Conducting Southern Bluefin Tuna Fishery Ch
公發布日(Date) 2018.01.08
法規沿革(Legislative) 1.The full text of 49 articles promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-Yu-Tzu 1061332035.

2.Articles 2, 8, 9, 15 to 17, 37, 38, 49 amended and promulgated
on 8 January 2018 by the Council of Agriculture, Executive
Yuan under Order No. Nung-Yu-Tzu 1061388036.
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; and Article 11, paragraph
 3 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)“Fishing year” means the period starting from March 1 of 
   the current year to the last day of February of the 
   following year.
(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).
 
Article 3
Any distant water fisheries operator shall not conduct southern
 bluefin tuna fishing operation without authorization from the 
competent authority.
 
Fishing vessels intending to catch southern bluefin tuna shall 
be limited to tuna longline fishing vessels of 100 Gross Tonnage
 (GT) and above.
 
Article 4
For the purpose of these Regulations, the species with catch 
limit as referred to in subparagraph (7) of Article 13, 
paragraph 1 of the Act means southern bluefin tuna. 
 
Article 5
Tuna longline tuna fishing vessels catching southern bluefin 
tuna (hereinafter referred to as “southern bluefin tuna 
fishing vessels”) are categorized into the following groups:
(1)Seasonal targeting group, which targets southern bluefin 
   tuna and can be categorized into the following three 
   groups:
   i.Southcentral Indian Ocean group;
   ii.Southwestern Indian Ocean group; and
   iii.Domestic sale group: fishing vessels in this group 
       shall ship back to the Republic of China a specific 
       amount of southern bluefin tuna as promulgated by the 
       competent authority for domestic sale.
(2)Bycatch group, which not targets southern bluefin tuna.
 
Article 6
Fishing areas for the fishing vessels of the seasonal 
targeting group are divided as follows and as shown in 
Appendix 1:
(1)For southcentral Indian Ocean group and domestic sale 
   group: the area of the Indian Ocean south of 28°S, east 
   of 45°E and west of 150°E (hereinafter referred to as 
   “southcentral Indian Ocean fishing area”).
(2)For southwestern Indian Ocean group: the area of the 
   Indian Ocean south of 28°S, and between 20°E and 45°E 
   (hereinafter referred to as “southwestern Indian Ocean 
   fishing area”). 
 
Any fishing vessel of the bycatch group shall only catch 
southern bluefin tuna in the fishing area pertained to its 
distant water fisheries permit of the Pacific, Atlantic or 
Indian Ocean respectively.
 
Article 7
The number of vessels in each group shall be promulgated by the 
competent authority in accordance with the resolutions of the 
Commission for the Conservation of Southern Bluefin Tuna 
(hereinafter referred to as “the CCSBT”).
 
Chapter II Application and Issuance of the Permit
 
Article 8
For the application of the permit of southern bluefin tuna, the 
following conditions shall be met: 
(1)The distant water fisheries operator shall be a member of the
   Taiwan Deep Sea Tuna Boat-owners and Exporters Association 
   (hereinafter referred to as “Tuna Association”).
(2)The fishing vessel shall be a tuna longline fishing vessel of
    100 GT and above. 
(3)The fishing vessel has installed with the electronic logbook 
   (E-logbook) system that can be filled in the measurement data 
   of the southern bluefin tuna by each fish and can report catch 
   data regularly and normally. 
(4)The following distant water fisheries permit issued by the 
   competent authority for the current year has been obtained: 
   i.For seasonal targeting group: the permit for bigeye tuna 
     group or albacore tuna group in the Indian Ocean. 
   ii.For bycatch group: the permit for albacore tuna group in the
      Pacific Ocean, albacore tuna group in the Atlantic Ocean, 
      bigeye tuna group in the Indian Ocean or albacore tuna group
      in the Indian Ocean.
 
Article 9
Any distant water fisheries operator applying for the permit of 
southern bluefin tuna for the following fishing year shall 
enclose with evidential documents in accordance with Article 8, 
and register to the Tuna Association by January 10 of the 
current year. The Tuna Association shall compile applications by 
group, and submit to the competent authority by January 20 of 
the current year.
 
Article 10
For fishing vessels applying for each group of the seasonal 
targeting group, the Tuna Association shall come up with a list
 of vessel priority in accordance with the following sequence 
of priority and submit to the competent authority:
(1)First priority: the fishing vessel has been authorized in the
   seasonal targeting group in any of the past three fishing 
   years, and has actual fishing record.
(2)Second priority: the fishing vessel of albacore tuna group or
    bigeye tuna group in the Indian Ocean.
 
In the event that fishing vessels applied cannot be prioritized 
in accordance with the sequence of priority, the Tuna Association
 shall draw lots to decide the priority in an equitable and 
impartial manner. 
 
Article 11
In the event that the number of fishing vessels obtaining the 
permit of southern bluefin tuna is less than the limit of each 
group of the current fishing year, the competent authority may, 
in addition to filling in the vacancy pursuant to the sequence 
of priority prescribed in Article 10, announce in due course to 
accept applications, notwithstanding the application deadline 
prescribed in Article 9.
 
In the event that the number of fishing vessels applied for the 
domestic sale group is less than that promulgated by the 
competent authority, the Tuna Association shall fill in the 
vacancy by drawing lots from the fishing vessels applied for 
southcentral Indian Ocean group of the current fishing year to 
decide the priority in a equitable and impartial manner.
 
Article 12
Any distant water fisheries operator whose fishing vessel(s) is
 under any of the following circumstances shall not be granted 
the permit of southern bluefin tuna:
(1)For fishing vessels in the seasonal targeting group: the 
   actual landing amount of individual vessel in a fishing year
   exceeds 10% of its individual vessel quota of the same 
   fishing year, and the punishment imposed has not been 
   executed completely, or three years have not passed since 
   the completion of execution.
(2)For fishing vessels in the bycatch group: the actual landing
   amount of individual vessel in a fishing year exceeds 30% of
   its individual vessel quota of the same fishing year, and the 
   punishment imposed has not been executed completely, or three
   years have not passed since the completion of execution.
(3)For fishing vessels in domestic sale group: the southern 
   bluefin tuna is not shipped back to the Republic of China for
   domestic sale in accordance with Article 19, and the 
   punishment imposed has not been executed completely, or three
   years have not passed since the completion of execution.
(4)For fishing vessels in the southcentral Indian Ocean group or
   domestic sale group: 
the distant water fisheries operator whose utilization rate of 
individual vessel quota is 40% and above but less than 50% is 
punished for not reporting for voluntary quota reduction in 
accordance with Article 20, and such punishment has not been 
executed completely or one year has not passed since the 
completion of such execution; the distant water fisheries 
operator whose utilization rate of individual vessel quota is 
30% and above but less than 40% is punished for not reporting 
for voluntary quota reduction in accordance with Article 20, 
and such punishment has not been executed completely or two 
years have not passed since the completion of such execution; 
or the distant water fisheries operator whose utilization rate 
of individual vessel quota is less than 30% is punished for not
 reporting for voluntary quota reduction in accordance with 
Article 20, and such punishment has not been executed 
completely or three years have not passed since the completion
 of such execution.
 
Article 13
A certificate of the permit of southern bluefin tuna will be 
issued for the application approved by the competent authority.
 The maximum period of validity of the permit shall be one year.
 
The certificate of the permit of southern bluefin tuna 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); 
(6)The IMO ship identification number or LR number; and 
(7)The incidental provisions: in the event that the distant 
   water fisheries permit of the fishing vessel is invalid 
   during the period permitted to catch southern bluefin tuna, 
   the permit of southern bluefin tuna shall be invalid 
   simultaneously.
 
The distant water fisheries operator shall place onboard the 
fishing vessel a copy of the valid permit of southern bluefin 
tuna in case of inspection.
 
Article 14
Any fishing vessel that has obtained the permit of southern 
bluefin tuna of the southcentral Indian Ocean group or 
domestic sale group shall enter the southcentral Indian Ocean
 fishing area by July 31 of the current year.
 
Any fishing vessel that has obtained the permit of southern 
bluefin of the southwestern Indian Ocean group shall enter 
the southwestern Indian Ocean fishing area by November 30 of
 the current year.
 
For any fishing vessel failing to enter the fishing area it 
belongs to by the deadline as stipulated in the preceding two
 paragraphs, its permit of southern bluefin tuna shall be 
revoked. 
 
Chapter III Catch Limits or Quotas
 
Article 15
The total catch quota of southern bluefin tuna of the fishing
 year (unprocessed round weight, hereinafter the same when 
referring to “quota” in the following provisions), the 
individual vessel quota, and the amount of catch for 
individual vessel to ship back to the Republic of China for 
domestic sale shall be promulgated by the competent authority
 in accordance with the resolutions of the CCSBT.
 
The period for using the quota as referred in the preceding 
paragraph shall be from March 1 of the current year to the 
last day of February of the following year. Notwithstanding
 such provision, for the fishing year 2017, the period for 
using the quota shall be closed on February 28, 2018.
 
In case that the number of fishing vessels obtaining the 
permit of southern bluefin tuna of each group in the current
 fishing year is below the limit, the total remaining quota
 shall be arranged by the competent authority.
 
Article 16
The permit of southern bluefin tuna of the current fishing 
year shall be obtained for granting the southern bluefin tuna
 quota of the current fishing year. 
 
For any southern bluefin tuna fishing vessel which has not 
obtained the permit of southern bluefin tuna of the entire 
fishing year, the quota shall be granted in accordance with 
the percentage which the number of month(s) approved accounts
 for the whole fishing year. Notwithstanding such provision, 
in the event that the ownership of any southern bluefin tuna 
fishing vessel transfers and the quota used by the original 
distant water fisheries operator exceeds the percentage that
 the number of month(s) approved accounts for the whole 
fishing year, the quota of such vessel unused in the current 
fishing year shall be granted to the new distant water 
fisheries operator.
 
In case of any of the following circumstances, the competent 
authority shall retrieve the unused quota of the southern 
bluefin tuna fishing vessel concerned in the current fishing 
year:
(1)Loss of a fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed 
   by the competent authority.
(3)Revocation or withdrawal of the distant water fisheries 
   permit imposed by the competent authority.
 
Article 17
The catch amount (unprocessed round weight, hereinafter the 
same when referring to “ catch amount” in the following 
provisions) of southern bluefin tuna caught by any southern 
bluefin tuna fishing vessel shall not exceed the individual 
vessel quota allocated for the current fishing year. In case 
of excess, the quota of such fishing vessel for the following 
fishing year shall be deducted accordingly.
 
The conversion factor between the weights of fish which is 
gilled, gutted and tailed and round fish is 1.15.
 
Article 18
In case of any of the following conditions, the competent 
authority shall grant the quota of the current fishing year 
in accordance with the percentage which the number of month(s)
 that the southern bluefin fishing vessel actual fishes 
accounts for the whole fishing year; shall retrieve the quota
 on a pro-rata basis from the vessel which has been granted 
the quota; or shall deduct the quota allocated for the 
following fishing year in the event that the quota is unable
 to be retrieved from the vessel:     
(1)The southern bluefin tuna fishing vessel is punished by the
   competent authority of the suspension of the fishing license 
   for one month and above.
(2)The southern bluefin tuna fishing vessel is detained in the
    port by foreign government.
 
Article 19
For any fishing vessel of the domestic sale group, the amount 
of its catch of southern bluefin tuna shipped back for domestic
 sale shall not be below the amount promulgated pursuant to
Article 15, paragraph 1.
 
Article 20
In the event that the catch amount of any fishing vessel of the
 southcentral Indian Ocean group or the domestic sale group that
 has obtained the permit of southern bluefin tuna is less than
 50%, the distant water fisheries operator shall report the 
amount of voluntary quota deduction to the Tuna Association by
 August 15 of the current year, and the Tuna Association shall
 forward it to the competent authority.
 
Article 21
In the event that the accumulated catch amount of southern 
bluefin tuna caught by fishing vessels of the Republic of China
 reaches 95% of the total catch quota of the current fishing 
year, the competent authority may order fishing vessels to stop 
catching southern bluefin tuna by a deadline and to leave 
fishing area(s) by a deadline.
 
Article 22
The competent authority may, after August 15 of the current 
year, announce the additional southern bluefin tuna quota that 
can be applied for. 
 
Applicants of the additional quota as referred to in the 
preceding paragraph shall meet the following requirements:
(1)The utilization rate of individual vessel quota of southern 
   bluefin tuna has reached 50% and above.
(2)The fishing vessel has not left its fishing area. 
 
Article 23
The competent authority may grant premium quota to the catching 
vessel which cooperated with the competent authority to carry 
out relevant experiments, researches or management measures.
 
Chapter IV Management of Catch Tagging 
 
Article 24
Any distant water fisheries operator shall, before the fishing 
operations of fishing vessel(s), pay the cost of tags to the 
Tuna Association, and apply to the competent authority, with 
the submission of a payment receipt, for the issuance of 
southern bluefin tuna tags (hereinafter referred to as the 
“tags”).
 
For any fishing vessel entering the fishing area without 
applying for the tags in accordance with the preceding 
paragraph, the competent authority shall revoke its permit of
 southern bluefin tuna.
 
Any southern bluefin tuna fishing vessel shall apply for the 
tags in accordance with the first paragraph before the tags 
are exhausted during operation at sea, and the southern bluefin
 tuna may only be tagged at the time of landing in port after
 the approval from the competent authority is obtained.
 
Article 25
Any southern bluefin tuna shall be tagged at the appropriate 
position in case of being caught by any fishing vessel, and 
the length, weight, and the serial number of the tag shall be
 recorded on the Catch Tagging Form, format of which is as 
shown in Appendix 2.
 
Article 26
Any tag on southern bluefin tuna shall be remained on the fish
 at least up to the first point of sale.
 
In the event that the tag detaches and cannot be re-attached, 
a unused replacement tag shall be attached immediately, and the
 serial number of the replacement tag and detached tag shall be
 recorded in the record sheet. In case that the serial number 
of the detached tag is unknown, recording may be exempted. The
 format of the record sheet is as shown in Appendix 3.
 
The record sheet as referred to in the preceding paragraph 
shall, within 3 days after the landing, be submitted in writing
 to the Tuna Association for forwarding to the competent 
authority for perusal.  
 
Chapter V Logbook, Catch report and Mitigation Measures for 
Incidental Catch
 
Article 27
For any southern bluefin tuna fishing vessel that leaves a port,
 its captain shall daily report the length, weight, serial 
number of the tag of each southern bluefin tuna through the
 E-logbook system, and shall completely and accurately fill in 
the logbook designated by the competent authority, where there 
is any catch or not. 
 
In the event that the southern bluefin tuna fishing vessel as 
referred to in the preceding paragraph has exhausted its quota 
for southern bluefin tuna, any southern bluefin tuna 
subsequently caught shall be discarded immediately and the 
amount of discard shall be recorded in the logbook and the 
E-logbook system, and any fishing vessel of the seasonal 
targeting group shall leave the fishing area as well.
 
In the event that the E-logbook logbook system onboard the 
fishing vessel is mal-functional, the distant water fisheries 
operator or the captain shall daily transmit the catch data to 
the Tuna Association for forwarding to the competent authority 
for perusal. Such catch data shall be signed by the distant 
water fisheries operator or the captain.
 
Article 28
During one fishing trip of any southern bluefin tuna fishing 
vessel, for any fishing vessel of the seasonal targeting group,
 the discrepancy between the catch amount of the southern 
bluefin tuna recorded in the E-logbook or the logbook and the 
actual landing amount shall not exceed 5% of the actual landing
 amount. For any fishing vessel of the bycatch group, such 
discrepancy shall not exceed 10% of the actual landing amount.
 
Article 29
Any of the following circumstance shall be defined as 
“seriously misreporting” as referred to subparagraph (12) of 
Article 13, paragraph 1 of the Act:
(1)For any fishing vessel of the seasonal targeting group, 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 any fishing vessel of the bycatch group, the discrepancy 
   between the catch amount recorded in the E-logbook or the 
   logbook and the actual landing amount exceeds 300 kilograms 
   as well as 30% of the actual landing amount.
 
Article 30
Any southern bluefin tuna fishing vessel proceeds to operate in 
area south of 25°S shall employ at least two seabird mitigation 
measures, one of which shall be tori lines, the other shall be 
either the night setting with minimum deck lights or weighted 
branch lines. Specifications are as shown in Appendix 4. 
 
The seabird mitigation measures taken during each fishing 
operation of fishing vessel shall be recorded in the E-logbook
 and logbook.
 
Chapter VI The Designation and Management of Ports for 
Transshipment or Landing
 
Article 31
The southern bluefin tuna catch of any fishing vessel shall be 
limited to in-port transshipment or in-port landing.  For a 
carrier vessel which carries the regional observer on board 
dispatched by the Indian Ocean Tuna Commission (IOTC) or the 
International Commission for the Conservation of Atlantic 
Tunas (ICCAT), and the distant water fisheries operator of the 
fishing vessel who has paid the cost to implement the regional 
observer program in accordance with the provisions in the 
regulations of respective Ocean, at-sea transshipment may be 
conducted. 
 
Article 32
The transshipment of southern bluefin tuna by any southern 
bluefin tuna fishing vessel or carrier vessel shall be 
conducted in accordance with the “Regulations for Tuna 
Longline Fishing Vessels Proceeding to the Atlantic Ocean for 
Fishing Operation” or “Regulations for Tuna Longline Fishing
 Vessels Proceeding to the Indian Ocean for Fishing Operation”.
 Any southern bluefin tuna fishing vessel of the bycatch group 
that fishing in the Pacific Ocean shall only land in a domestic 
port.
 
The carrier vessel as referred to in the preceding paragraph 
shall be included in the list of carrier vessels of the CCSBT.
 
Within 24 hours after the completion of transshipment by the 
carrier vessel as referred to in paragraph 1, the ICCAT or IOTC
 Transshipment Declaration that contains southern bluefin tuna 
catch shall be submitted to the CCSBT Secretariat and the 
competent authority.
 
Article 33
The foreign ports for landing or transshipment of southern 
bluefin tuna shall be limited to Cape Town of South Africa or 
Port Louis in Mauritius.
 
Any distant water fisheries operator intending to land or 
transship southern bluefin tuna in the ports as referred to in 
the preceding paragraph shall, seven working days before the 
estimated date of entry into port, notify the competent 
authority through the Tuna Association, and shall, upon entry 
into port, accept the port inspections conducted by personnel 
dispatched by the competent authority or independent third 
party for the verification of the catch landed or transshipped.
 
For the southern bluefin tuna sold directly to Japan through 
at-sea transshipment, the distant water fisheries operator 
shall, seven working days before the estimated date of such 
catch arriving in Japan, report the estimated date of arrival 
to the competent authority, and shall accept the port 
inspections conducted by the independent third party for the 
verification of the catch landed. 
 
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 fishing vessel 
being inspected.
 
Article 34
The domestic port for the landing of southern bluefin Tuna shall
 be limited to Chienchen Fishing Harbor in Kaohsiung.
 
Any distant water fisheries operator intending to conduct the 
landing as referred to in the preceding paragraph shall, seven 
working days before the entry into port of the fishing vessel, 
notify the competent authority through the Tuna Association, and
 shall, upon entry into port, accept the inspections conducted 
by personnel dispatched by the competent authority.
 
Article 35
The southern bluefin tuna that shall be shipped back by the 
fishing vessel of the domestic sale group shall arrive in the 
Republic of China before March 31 of the following fishing year
 and shall not be exported. 
 
Article 36
Any shipment of southern bluefin tuna back to the Republic of 
China by commercial cargo vessel, airplane, carrier vessel or 
the fishing vessel itself shall be, seven working days before 
taking delivery or seven working days before the arrival of 
such fish product, notified to the competent authority, and upon
 entry into port, inspections conducted by the personnel 
dispatched by the competent authority shall be accepted.     
 
Chapter VII Observation and Inspection during Fishing Operations
 
Article 37
The distant water fisheries operator of any fishing vessel that
 receives the observer dispatched by the competent authority, 
any foreign country with which the fisheries cooperation is 
engaged, or any international fisheries organization shall 
comply with the following:
(1)He/she shall notify the competent authority in writing seven 
   working days before the date of estimated 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 38
The captain of any fishing vessel that receives the observer 
dispatched by the competent authority, any foreign country with 
which the fisheries cooperation is engaged, or any international 
fisheries organization 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 preceding three subparagraphs.
(7)The captain shall sign on the observation record(s) written 
   by the observer. In case there are different views on such 
   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 39
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 Catch Monitoring Form
 
Article 40
The applicant of southern bluefin tuna Catch Monitoring Form is
 limited to the distant water fisheries operator of the fishing
 vessel that catches the southern bluefin tuna. The format of 
the Catch Monitoring Form is shown as Appendix 5.
 
Article 41
For the application of southern bluefin tuna Catch Monitoring 
Form, the applicant shall fill in and submit the application 
form to the competent authority with the enclosure of the 
following documents:
(1)The Notification Sheet of the Southern Bluefin Tuna Caught 
   by Fishing Vessel certified by the Tuna Association. The 
   format of the Notification Sheet is as shown in Appendix 6.
(2)A certificate showing the detailed amount of southern 
   bluefin tuna transshipped by a carrier vessel.
(3)A certificate issued by the Tuna Association proving the 
   distant water fisheries operator has paid the reimbursement
    for the vessel reduction program in respect of the amount 
   of catch of frozen tuna and billfish recorded in the 
   transshipment declaration.
(4)The Catch Tagging Form.
(5)Three copies of the southern bluefin tuna catch monitoring 
   form with completed information in printing. 
 
For any southern bluefin tuna catch that has been transshipped 
at sea, the captain of the fishing vessel, the captain of the 
carrier vessel and the regional observer shall confirm and sign
 the transshipment column in the Catch Monitoring Form.
 
Article 42
The transshipment of any southern bluefin tuna of the current 
fishing year that is permitted to be kept in the fish hold(s)
 onboard shall be completed before October 31 of the following 
fishing year, and the application of the Catch Monitoring Form 
shall be made as well. 
 
Article 43
In the event that the catches of southern bluefin tuna caught by
 a fishing vessel is shipped back for domestic sale, the distant
 water fisheries operator shall report the flow of such catches 
to the competent authority when applying for the Catch 
Monitoring Form.
 
Article 44
In case of any of the following circumstances, in addition to 
the punishments prescribed in Article 36, paragraph 1 to 4 or 
Article 41, paragraphs 1 and 2 of the Act and confiscation of 
the catch pursuant to Article 43 of the Act, the application for
 southern bluefin tuna catch monitoring document shall be 
denied:
(1)The southern bluefin tuna is caught by any fishing vessel 
   listed in the list of illegal, unreported and unregulated 
   fishing vessels as promulgated in accordance with Article 
   13, paragraph 2 of the Act.
(2)In violation of provisions stipulated in Article 13 of the 
   Act or Article 48, paragraph 1 of the Fisheries Act during 
   fishing operation of the fishing vessel.
(3)Catching southern bluefin tuna without the permit from the 
   competent authority.
(4)Failure to apply for transshipment or landing in accordance 
   with relevant regulations.
 
Article 45
The southern bluefin tuna Catch Monitoring Form will be issued 
for the application made in accordance with Article 41 and 
approved by the competent authority after being examined.
 
The period of validity of the southern bluefin tuna Catch 
Monitoring Form shall be four years starting from the date of 
completion of the landing.
 
Article 46
Any distant water fisheries operator that obtains the southern
 bluefin tuna Catch Monitoring Form shall, within 60 days after
 the customs clearance for exportation/distribution of catches 
or fisheries products is completed, fill in the Write-off 
Application Form and submit to the competent authority for 
write-offs with the enclosure of the following documents: 
(1)The document on customs clearance issued by the importing 
   country. For catches exported from the Republic of China, a 
   copy of the customs export declaration shall be enclosed. 
   Catches shipped back to the Republic of China shall be 
   exempted from such provisions.  
(2)The copy of sales information of catches.
 
In the event that the document enclosed with the application as 
referred to in the preceding paragraph is not written in Chinese
 or English, a Chinese translation shall be enclosed. For any 
applicant that fails to enclose the Chinese translation, the 
competent authority shall notify such applicant to supplement 
necessary documents within the required timeframe. Failing to 
supplement within the required timeframe shall be deemed as 
failing to apply for write-offs. 
 
Article 47
Provisions in the “Regulations for Issuing Distant Water 
Fisheries Catch Certificates” shall apply, mutatis mutandis, 
for the cancellation and re-issuance of southern bluefin tuna 
Catch Monitoring Form.
 
Chapter IX Supplementary Provisions
 
Article 48
In the event that southern bluefin tuna caught in the current 
fishing year is accidentally damaged such that it is unfit 
for sale, the distant water fisheries operator shall, within 
15 days after the occurrence of the damage, notify the cause 
of damage in writing through the Tuna Association to the 
competent authority.
 
Article 49
These Regulations shall become effective on January 20, 2017.
 
Amendments to these Regulations shall become effective on the 
date of promulgation.
圖表附件(Attachments)