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法規名稱(Title) Regulations on the Management of Pacific Bluefin Tuna Fishing Operation Ch
公發布日(Date) 2017.11.30
法規沿革(Legislative) The full text of 36 articles promulgated on 30 November 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1061338905.
法規內文(Content) Chapter I General Principles
 
Article 1
These Regulations are established pursuant to Article 37, 
paragraph 1 and 3; subparagraph (9) of Article 44, paragraph 1; 
and subparagraph (5) of Article 54 of the Fisheries Act 
(hereinafter referred to as “the Act”).
 
Article 2
To conduct Pacific bluefin tuna fishing operation in the area of
 the Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean 
(hereinafter referred to as “WCPFC Convention Area”, as shown 
in Appendix 1), the provisions of these Regulations shall be 
complied with.
 
To conduct fishing operation in the WCPFC Convention Area 
excluding the internal waters, territorial seas, and exclusive 
economic zone of the Republic of China (hereinafter referred to 
as “waters under the jurisdiction of the Republic of China”), 
the Act for Distant Water Fisheries and its related regulations 
shall also be complied with. 
 
Article 3
The annual total catch quota (unprocessed round weight, 
hereinafter the same when referring to “quota” in the 
following provisions) of Pacific bluefin tuna for longline 
fishing vessels shall be limited to 1,679 metric tons; for 
fishing vessels of directed fisheries except for the longline 
fishing vessels (hereinafter referred to as “fishing vessels of
 the other directed fisheries”) and the set net fishery shall 
be limited to 30 metric tons. 
 
The competent authority may, depending on the utilization of 
quota, proclaim the adjustment of the annual total catch quota 
of the longline fishing vessels, and fishing vessels of the 
other directed fisheries and set net fishery as referred to in 
the preceding paragraph.  
 
Article 4
In the event that the accumulated catch amount of Pacific 
bluefin tuna by longline fishing vessels reaches 1,550 metric 
tons in one year, or the accumulated catch amount of Pacific 
tuna by fishing vessels of the other directed  fisheries and 
the set net fishery reaches 20 metric tons in one year, the 
competent authority may proclaim the deadline by which the 
catching of Pacific bluefin tuna shall stop.
 
Article 5 
Catching, retaining, transshipping, landing or selling any 
Pacific bluefin tuna less than 30 kilograms shall be 
prohibited.
 
Article 6 
Fishing vessels shall not catch Pacific bluefin tuna with 
longline fishing gears without the authorization from the 
central competent authority.
 
Chapter II The Application and Issuance of Fishing Permits 
for Longline Fishing Vessels
 
Article 7
The annual number of longline fishing vessels conducting 
Pacific bluefin tuna fishing operation shall be limited to 
660.
 
The central competent authority may proclaim the adjustment of
 the number of vessels as referred to in the preceding paragraph.
 
Article 8
Longline fishing vessels conducting Pacific bluefin tuna fishing 
operation shall be installed onboard the automatic location 
communication (ALC).
 
Article 9
Any fishery operator that intends to apply for a Pacific bluefin 
tuna fishing permit for his/her longline fishing vessel shall fill
 in the application form (format as shown in Appendix 2) and apply
 to the central competent authority from January 1 to January 31, 
with the following documents:
(1)A copy of the valid fishing license of the directed fishery; 
   and
(2)A certificate issued by the Overseas Fisheries Development 
   Council of the Republic of China proving that the ALC onboard 
   has been tested and is capable of automatic reporting of its 
   positions.
 
Article 10 
The sequence of priorities for issuing the Pacific bluefin tuna 
fishing permit shall be as follows:
(1)The first priority: vessels that were authorized by the 
   central competent authority to conduct Pacific bluefin tuna 
   fishing operation and have historical catch record in the 
   preceding year, without any punishment imposed upon in the 
   preceding year for violating these Regulations or the 
   Regulations on Catching Pacific Bluefin Tuna.
(2)The second priority: vessels under 100 gross tonnage (GT) with 
   the historical catch record in the preceding five years.
(3)The third priority: vessels of 100 GT and above with the 
   historical catch record in the preceding five years.
(4)The fourth priority: vessels under 100 GT with no historical 
   catch record in the preceding five years.
(5)The fifth priority: vessels of 100 GT and above with no 
   historical catch record in the preceding five years.
 
In the event that the number of applications submitted pursuant 
to Article 9 exceeds the prescribed limit in Article 7, and the 
priority cannot be decided in accordance with the preceding 
paragraph, the central competent authority 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 
Pacific bluefin tuna fishing permits does not reach the limit of
 the current year, the central competent authority may announce 
in due course to accept applications, notwithstanding the 
application deadline prescribed in Article 9.
 
Article 12
In case of any of the following conditions, the fishery operator 
may submit the documents as prescribed in Article 9 and apply 
for the Pacific bluefin tuna fishing permit from the central 
competent authority, notwithstanding the application deadline 
prescribed in Article 9:
(1)The fishery operator of a fishing vessel has changed;
(2)The fishery operator has obtained the fishing license for the 
   chartered fishing vessel;
(3)The fishery operator has obtained the fishing license for the 
   newly-built fishing vessel;
(4)The fishery operator who resumes the operation after the 
   suspension of the operation authorized pursuant to Article 11, 
   paragraph 2 of the Act has expired; 
(5)The fishery operator applies for the renewal of the expired 
   fishing license; or 
(6)The suspension of the fishing license has been executed 
   completely.
 
Article 13
In case that a fishery operator is under any of the following 
circumstances, the issuance of the Pacific bluefin tuna fishing 
permit to such operator shall be denied:
(1)He/She is sentenced imprisonment for violating the Act or the 
   Act for Distant Water Fisheries and such sentence is not yet 
   executed, not executed completely, or is on probation whose 
   period is not yet expired, or 2 years have not passed since 
   such sentence is executed completely, on probation which is 
   expired, or pardoned;
(2)He/She is sentenced to a short-term imprisonment or criminal 
   fine for violating the Act or the Act for Distant Water 
   Fisheries and such sentence is not yet executed, not executed 
   completely or 2 years have not passed since such sentence is 
   executed completely;
(3)A fine imposed pursuant to the Act of the Act for Distant 
   Water Fisheries has not been paid completely;
(4)The suspension of the fishing license of any of his/her 
   fishing vessel imposed pursuant to the Act or the Act for 
   Distant Water Fisheries has not been executed completely. 
 
Article 14
A Pacific bluefin tuna fishing permit will be issued to the 
application approved by the central competent authority. The 
validity period of the permit shall start from the day of 
issuance to December 31 of the current year, and shall not 
exceed the validity period of the fishing license.
 
Chapter III Management of Catch Tagging and Catch Report
 
Article 15
Prior to fishing operation, fishery operators of longline 
fishing vessels  authorized by the central competent authority
 to conduct Pacific bluefin tuna fishing operation shall apply
 for and obtain Pacific bluefin tuna tags of the current year 
from the central competent authority. 
 
Article 16 
Any Pacific bluefin tuna shall be tagged immediately at the 
appropriate position when being caught by any longline fishing 
vessel.
 
Article 17
In the event that any Pacific bluefin tuna is caught by fishin
g vessels of the other directed fisheries or the set net 
fishery, fishery operators concerned shall, before landing, 
apply for and obtain Pacific bluefin tuna tags from the central 
competent authority, and tag the Pacific belufin tuna at the 
appropriate position at the time of landing.
 
Article 18
Captains of longline fishing vessels or fishing vessels of the 
other directed fisheries, or fishery operators of set net 
fishery shall report to the fishery radio station concerned the 
number, the weight, the length, and location for each Pacific 
bluefin tuna caught. Captains of longline fishing vessels shall 
also report the serial number of each tag.
 
In case of catching any Pacific bluefin tuna less than 30 
kilograms, such catch shall be discarded immediately, and the 
amount of discard, the location of such catch, and the weight 
and the length of each Pacific bluefin tuna discarded shall be 
reported.
 
Article 19
In the event that any tag on the Pacific bluefin tuna caught by 
longline fishing vessels detaches and cannot be re-attached, an 
unused replacement tag shall be attached immediately, and the 
serial number of the replacement tag and detached tag shall be 
reported to the fishery radio station. 
 
Article 20
Before the Pacific bluefin tuna tags are exhausted during 
operation at sea, any longline fishing vessel shall apply for 
the tags from the central competent authority and the Pacific 
bluefin tuna may only be tagged at the time of landing in port 
after the approval from the central competent authority is 
obtained.
 
Article 21
For any Pacific bluefin tuna subsequently caught after the 
deadline as proclaimed by the central competent authority in 
accordance with Article 4, such catch shall be immediately 
discarded, and the amount of discard, the location of such 
catch, and the weight and the length of each Pacific bluefin 
tuna discarded shall be reported to the fishery radio station 
concerned in accordance with Article 18.
 
Article 22
Upon the receipt of the report by any captain or fishery 
operator, the fishery radio station shall check the 
registration of the vessel or the location of set net 
deployment, and fill in the Pacific bluefin tuna catch 
reporting form (format as shown in Appendix 3 and Appendix 4)
 on behalf of the captain or fishery operator. 
 
The fishery radio station shall compile and submit such forms 
to the central competent authority before Tuesday each week.
 
Chapter IX The Designation and Management of Ports for 
Transshipment or Landing
 
Article 23
For any Pacific bluefin tuna caught by any longline fishing 
vessel or fishing vessel of the other directed  fisheries, and
 landed in domestic ports, the domestic ports shall be limited
 to Nanfangao Fishing Port in Ilan County, Hsinkang Fishing 
Harbor in Taitung County, Donggang Fishing Harbor in Pingtung 
County and Chienchen Fishing Harbor in Kaohsiung City.
 
Article 24
No fishing vessel shall allow the Pacific bluefin tuna caught 
by itself to be transported by other fishing vessel(s), or to 
transport the Pacific bluefin tuna caught by other fishing 
vessel(s) without the permission from the central competent 
authority.
 
In the event that the following requirements are met, a fishery
 operator may apply for the permission to transport the Pacific
 bluefin tuna caught by his/her longline fishing vessel 
authorized by the central competent authority to conduct 
Pacific bluefin tuna fishing operation to other fishing 
vessel(s) for landing in the domestic ports as stipulated in 
Article 23:
(1)The Pacific bluefin tuna is caught in waters under the 
   jurisdiction of the Republic of China.
(2)The applying fishing vessel employs ice chilling method to 
   preserve its catches.
(3)A tag issued by the central competent authority is attached 
   to the Pacific bluefin tuna caught.
(4)The fishing vessel(s) transporting the Pacific bluefin tuna 
   is a longline fishing vessel authorized to conduct Pacific 
   bluefin tuna fishing operation.
(5)The ALCs of both the applying and transporting fishing 
   vessels can regularly and normally transmit vessel positions.
 
For the application as referred to in the preceding paragraph, 
the reporting form (format as shown in Appendix 5) shall be 
filled in and reported to the fishery radio station for 
forwarding to the central competent authority for authorization.
 
Article 25
For any longline fishing vessel or fishing vessel of the other 
directed fisheries that lands in the ports as stipulated in 
Article 23, 
its fishery operator or captain shall, 24 hours before the port 
entry, notify the fishery radio station concerned of the 
estimated landing port, date, and the number of Pacific bluefin 
tuna caught and transported. In the event that the location of 
Pacific bluefin tuna caught is less than100 nautical miles from 
the landing port, or that Pacific bluefin tuna is caught by the 
set net fishery, the notification may be made before the port 
entry.
 
At the time of landing, the competent authority may dispatch 
personnel to inspect and query in accordance with Article 49 of 
the Act, and measure the length and weight of the catches, and
 the relevant parties shall not evade, obstruct or refuse.
 
Chapter V Catch Documents
 
Article 26
In the event that a fishery operator completes the notification 
to the radio station concerned as referred to in the preceding 
Article, and domestically lands and sells the Pacific bluefin 
tuna, the Catch Document of Pacific Bluefin Tuna for Domestic 
Sales (hereinafter referred to as “Catch Document of Domestic 
Sales Pacific Bluefin Tuna,” format of which is as shown in 
Appendix 6), shall be issued by the central competent authority.
 
Article 27
For any fishery operator selling the Pacifc bluefin tuna, he/she
 shall provide the buyer with the Catch Document of Domestic 
Sales Pacific Bluefin Tuna with the information on sales process
 properly filled in.
 
For each buyer selling the Pacific bluefin tuna, he/she shall 
accurately and completely fill in the weight to be sold in the
Catch Document of Domestic Sales Pacific Bluefin Tuna and 
provide to the next buyer(s).
 
In the event that a Pacific bluefin tuna is sold in batches, the 
Catch Document of Domestic Sales Pacific Blueifn Tuna may be 
provided to the next buyer(s) in photocopies, each of which 
records the weight to be sold. 
 
Article 28
He/She who sells Pacific bluefin tuna shall, for the purpose of 
examination of the competent authority, prepare the Catch 
Document of Domestic Sales Pacific Bluefin Tuna and the 
transaction document(s) which can trace back to the fishery 
operator.
 
Article 29
For any Pacific bluefin tuna applied to be exported to amy 
foreign country, an application form (format as shown in 
Appendix 7) shall be filled in and submitted, together with the 
following documents, to the central competent authority, for the
 issuance of the Catch Document of Pacific Bluefin Tuna for 
Exportation (hereinafter referred to as “Catch Document of 
Exported Pacific Bluefin Tuna,” format of which is as shown 
in Appendix 8):
(1)The Catch Document of Domestic Sales Pacific Bluefin Tuna 
   with the trading records that can trace back to the fishery 
   operator and relevant transaction document(s). For any 
   applicant that is the fishery operator of the Pacific bluefin
    tuna catch, the documents as referred to in subparagraph (1) 
   may be exempted. 
(2)A copy of the Catch Document of Exported Pacific Bluefin Tuna
    with completed information in printing.
(3)For the Pacific bluefin tuna caught by set net fishery, a 
   photocopy of the fishing license of set net fishing right 
   shall be enclosed.
 
Article 30
In case of any of the following circumstances, the catch 
documents for Pacific bluefin tuna shall not be issued:
(1)Any Pacific bluefin tuna caught by any fishing vessel                                     listed in the illegal, unreported and unregulated (IUU)
   fishing vessel lists as promulgated by the competent
   authority pursuant to Article 13, paragraph 2 of the Act
   for Distant Water Fisheries.
(2)Any fishing vessel in violation of Article 13, paragraph 1 of 
   the Act for Distant Water Fisheries; or Article 48, paragraph
    1 of the Act, during fishing operation.
(3)Any fishing vessel catching Pacific bluefin tuna with 
   longline fishing gears without the authorization from the 
   central competent authority.
(4)In violation of the provisions on catch reporting, 
   transshipment or landing of these Regulations and the Act for 
   Distant Water Fisheries during fishing operation.
(5)The Pacific bluefin tuna is caught by any fishing vessel that
    fails to conduct write-off for the Catch Document of 
   Exported Pacific Bluefin Tuna in accordance with these 
   Regulations.
 
Article 31
A Catch Document of Exported Pacific Bluefin Tuna will be issued 
to the application submitted in accordance with Article 29 and 
approved after examination. 
 
The validity period of a Catch Document of Exported Pacific 
Bluefin Tuna as referred to in the preceding paragraph shall be 
six months starting from the date of issuance.
 
Article 32
He/She who has obtained the Catch Document of Exported Pacific 
Bluefin Tuna shall, within two months after the custom clearance
 of the catch has completed, fill in the application form and 
submit to the central competent authority or the commissioned 
organization(s), together with the following documents, for the
 write-off:
(1)The custom clearance document(s) issued by the importing 
   country.
(2)The duplicate of the export declaration.
(3)The photocopy of the documents on the sales of such catch.
 
Chapter VI Supplemental Provisions
 
Article 33
In case of any of the following circumstances, the fishing 
license of the fishery operator and the Certificate of Fishing 
Vessel Officers or the Fishing Vessel Crew Identification of 
the fishery employee shall be subject to suspension for a
 period of one year and under, pursuant to Article 10 of the 
Act; and in case of severe violation, the fishing license of 
the fishery operator and the Certificate of Fishing Vessel 
Officers or the Fishing Vessel Crew Identification shall be
 subject to revocation:
(1)Catching, retaining, transshipping, landing or selling any 
   Pacific bluefin tuna less than 30 kilograms, in violation of
    Article 5.
(2)Any fishing vessel that catches Pacific bluefin tuna with the
    longline fishing gears without the authorization from the 
   central competent authority, in violation of Article 6.  
(3)Catching any Pacific bluefin tuna after the deadline as 
   proclaimed by the central competent authority in the current
    year, and failing to discard the catch in accordance with 
   Article 21.
(4)Any longline fishing vessel or fishing vessel of the other 
   directed fisheries that domestically lands its Pacific bluefin
    tuna catch but fails to land in the designated ports as 
   prescribed in Article 23.
(5)Any fishing vessel transporting the Pacific bluefin tuna 
   caught by itself to other vessel(s) or transporting the 
   Pacific bluefin tuna not caught by itself without the 
   permission, in violation of Article 24.
(6)Any fishery operator that evades, obstructs, or refuses the 
   inspection, query or measurement of the length and weight of
    the Pacific bluefin tuna catch conducted by personnel 
   dispatched by the competent authority at the time of landing, 
   in violation of Article 25, paragraph 2.
 
Article 34
In case of any of the following circumstances, the fishery 
operator and the fishery employee shall be respectively subject 
to a fine between 30 thousand and 150 thousand New Taiwan 
Dollars, pursuant to Article 65 of the Act:
(1)Any longline fishing vessel that fails to apply for and obtain
    the Pacific bluefin tuna tag of the current year from the 
   central competent authority before conducting Pacific bluefin 
   tuna fishing operation, in violation of Article 15.
(2)Any longline fishing vessel that fails to immediately attach 
   the Pacific bluefin tuna tag at the appropriate position, in 
   violation of Article 16.
(3)Any fishing vessel of the other directed fisheries or the set 
   net fishery that catches Pacific bluefin tuna and fails to 
   apply for the Pacific bluefin tuna tag from the central 
   competent authority before the landing, or fails to attach 
   the tag at the appropriate position at the time of landing, 
   in violation of Article 17.
(4)Any captain of any longline fishing vessel or fishing vessel
    of the other directed fisheries or fishery operator of the 
   set net fishery that fails to report the number, weight, 
   length, and the location for each Pacific bluefin tuna caught
    to the fishery radio station concerned within 24 hours after
    catching the Pacific bluefin tuna, in violation of Article 
   18; or any captain of longline fishing vessel that fails to 
   report the serial number of each tag, in violation of Article
    18.
(5)In the event that any tag on the Pacific bluefin tuna detaches 
   and cannot be re-attached, any longline fishing vessel that 
   fails to attach an unused replacement tag immediately, or that 
   fails to report to fishery radio station the serial number of 
   the detached tag and the replacement tag, in violation of 
   Article 19.
(6)Before the Pacific bluefin tuna tags are exhausted during 
   operation at sea, any longline fishing vessel that fails to 
   obtain the approval from the central competent authority to 
   attach the tags at the time of landing in port, in violation of 
   Article 20.
(7)Catching any Pacific bluefin tuna after the deadline as 
   proclaimed by the central competent authority in the current 
   year, and failing to report the amount of discard, in violation
    of Article 21.
(8)Any longline fishing vessel or fishing vessel of the other 
   directed fisheries that returns to the designated port for 
   landing and fails to notify the fishery radio station concerned
    of the estimated landing port, date, and the number of the 
   Pacific bluefin tuna caught and transported within the required
    timeframe as stipulated in Article 25, paragraph 1.
 
Article 35
In case of any of the following circumstances, the offender shall 
be subject to a fine between 30 thousand and 150 thousand New 
Taiwan Dollars, pursuant to subparagraph (6) of Article 65 of the 
Act:
(1)Failure to prepare the Catch Document of Domestic Sales 
   Pacific Blueifn Tuna and the transaction document(s) which 
   can trace back to the fishery operator for the purpose of 
    examination of the competent authority in accordance with 
   Article 28. 
(2)Failure to apply for the issuance of the Catch Document of 
   Exported Pacific Bluefin Tuna in accordance with Article 29 
   for exporting Pacific bluefin tuna to any foreign country.
 
Article 36
These Regulations shall become effective on the date of 
promulgation, except for Article 28 and subparagraph (1) of 
Article 35, which shall become effective on January 1, 2019.
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