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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) 2018.01.23
法規沿革(Legislative) 1.The full text of seven articles promulgated on 15 January 2010
by the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 0981333843.
2.The full text amended and promulgated on 20 January 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1061332127.
3.Article 7 and 8 amended and promulgated on 23 January 2018 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1071332152.
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 five 
   million New Taiwan Dollars.
(3)He who violates the same provision of violation for three 
   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.
 
Amendment to theses Regulations shall enter into force upon 
promulgation.