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英譯法規內容

法規名稱(Title) Regulations for Fishing Vessels Conducting Saury Fishery in North Pacific Ocean Ch
公發布日(Date) 2020.04.10
法規沿革(Legislative) 1.The full text of 48 articles promulgated on 20 January 2017
by the Council of Agriculture, Executive Yuan under Order
No. Nung-yu-tzu 1061332417A.

2.Part of these Regulations, Appendix 2 of Article 5, and
Appendix 6 of Article 35 amended and promulgated on 30
January 2018 by the Council of Agriculture, Executive Yuan
under Order No. Nung-yu-tzu 1061339850.

3.Part of these Regulations, Appendix 2 of Article 5, and
Appendix 4 of Article 29 amended and promulgated on 22 May
2019 by the Council of Agriculture, Executive Yuan under
Order No. Nung-yu-tzu 1081334251.

4.Part of these Regulations amended and promulgated on10 April
2020 by the Council of Agriculture, Executive Yuan under
Order No. Nung-yu-tzu 1091333069.
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; Article 11, paragraph 
3; and Article 24, paragraph 2 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)“North Pacific Ocean” means the waters of the north 
Pacific Ocean north of a line extending east along the 20°N 
from the 140°E to the intersection with the 110°W, and the 
waters of a line extending east along the 10°N from the 180° 
meridian to the intersection with the 140°W (as shown in 
Appendix 1).
(2)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).
(3)“Carrier vessel” means the following vessels that conduct 
the transshipment of catches from saury fishing vessel(s) to 
itself and transports to ports:
i.‘Carrier vessel of the Republic of China’ refers to the 
carrier vessel which has the fishing license of the Republic 
of China.
ii.Foreign carrier vessel’ refers to the carrier vessel, 
excluding container vessel, which has the valid nationality 
certificate of the flag State of a foreign country.
(4)“Processing vessel” means any vessel that transfers saury 
catches from saury fishing vessel(s) to itself for processing 
onboard. 
(5)“Auxiliary carrier vessel” means any vessel that transships 
saury catches from saury fishing vessel(s) to itself and 
transports to a processing vessel to which it belongs to.

Article 3
Any fishing vessels proceeding to the north Pacific Ocean to 
catch saury (hereinafter referred to as “saury fishing vessel”) 
shall be limited to a fishing vessel with the squid jigging 
registered as the main fishery on its fishing license that 
part-time engages in saury stick-held net fishery .

Article 4
For any saury fishing vessel navigating through the water under 
national jurisdiction of any foreign country, all fishing equipment 
on board shall be stowed and secured, and such vessel shall not 
conduct activities such as arrangement of fishing gears or fishing, 
except that it has engaged in fisheries cooperation with the 
foreign country concerned.

Chapter II Application and Issuance of the Distant Water Fisheries 
Permit 
Article 5 
Any distant water fisheries operator intending to apply for the 
distant water fisheries permit(s) for his/her fishing vessel(s) to 
fish in the north Pacific Ocean in the following year shall fill in 
the application form (format as shown in Appendix 2) and submit it 
with the following documents:
(1)A copy of the valid fishing license which shall contain the 
International Maritime Organization (IMO) ship identification number.
(2)The following color photographs of the fishing vessel no older 
than five years and the electronic files. The photos shall clearly 
show the Chinese/English name of the vessel and its international 
radio call sign (IRCS), and the size shall not be smaller than 12 cm 
by 7 cm:
i.One photo that shows the complete length and structural 
characteristics of the starboard side of the vessel;
ii.One photo that shows the complete length and structural 
characteristics of the portside of the vessel; and
iii.One photo of the stern of the vessel taken directly from behind 
the vessel. 
(3)The document certified by the commissioned professional 
institution that the automatic location communicator (ALC) on board 
the fishing vessel can regularly and normally transmit vessel 
positions.
(4)The document certified by the commissioned professional institution 
that the electronic logbook (E-logbook) system on board the fishing 
vessel can normally transmit catch data.

Article 6 
Any distant water fisheries operator intending to apply for the distant 
water fisheries permit for the following year shall enclose the required 
documents as stipulated in Article 5 and shall register to the Taiwan 
Squid Fishery Association (hereinafter referred to as “the Squid 
Association”) by November 30 of the current year. The Squid Association 
shall compile and submit applications to the competent authority by 
December 15 of the current year.

Article 7 
In case of any of the following conditions, the distant water fisheries 
operator may submit the documents prescribed in Article 5 and apply for 
the distant water fisheries permit to the competent authority, 
notwithstanding the application procedures and deadline prescribed in 
Article 6:
(1)The distant water fisheries operator of a fishing vessel has changed; 
(2)The distant water fisheries operator has obtained the fishing license 
for the chartered fishing vessel;
(3)The distant water fisheries operator has obtained the fishing license 
for the newly-built fishing vessel;
(4)The distant water fisheries operator who resumes the operation after 
the suspension of the operation authorized pursuant to Article 11 of the 
Fisheries Act has expired;
(5)The distant water fisheries operator applies for the renewal of the 
expired fishing license;
(6)The suspension of the fishing license has been executed completely or 
the fine imposed has been paid up; or
(7)Addition of fishing area(s) for a carrier vessel which has obtained the 
distant water fisheries permit of the current year.

Article 8 
A certificate of distant water fisheries permit will be issued to the 
application approved by the competent authority. The maximum period of 
validity of the permit shall be one year, and shall not exceed that of 
the fishing license.

The certificate of distant water fisheries permit shall record, both in 
Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, gross tonnage (GT), length overall (LOA) and 
fisheries type of the fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean and fishing period;
(5)The IRCS; and
(6)The IMO ship identification number

The distant water fisheries operator shall place onboard the fishing 
vessel a copy of the valid distant water fisheries permit in case of 
inspection.

Article 9 
For any fishing vessel permitted to conduct saury fishery whose 
information recorded on the application is changed or whose external 
characteristic(s) differs from the photo(s) of the vessel submitted, 
the distant water fisheries operator shall provide, within three working 
days after such change, the Squid Association with the new vessel 
information or new photos. The Squid Association shall submit such 
information/photos to the competent authority within three working days 
following the receipt.

Chapter III Fishing Vessel Markings 
Article 10
Fishing vessels shall be marked with vessel markings, including, at least, 
the Chinese and English vessel name, name of registry port, CT numbers and 
IRCS. The characters and the edges of characters shall maintain clear and 
identifiable at all times.

Where fishing vessels are fishing or berthing at ports, the IRCS shall be 
displayed clearly identifiable for the sighting by other vessels from the 
water surface or airplanes from the air.

Article 11 
The IRCS of a fishing vessel is its radio call sign.

Vessel markings shall be painted with marine coating. Characters of the 
Chinese vessel name shall be block letters, and the numbers may be Arabic 
numerals. Characters of the English vessel name, CT numbers and the IRCS 
shall be capital letters and Arabic numerals. The height, width, and colors 
of characters shall meet the specifications as shown in Appendix 3.

Article 12 
Vessel markings shall be placed in accordance with the following:
(1)The Chinese vessel name shall be placed on the port bow and the starboard 
bow, and the center of stern or port quarter or starboard quarter, where the 
vessel name is clearly visible. 
(2)The English vessel name shall be placed on the port bow and the starboard 
bow, and the center of stern or port quarter or starboard quarter, under the 
Chinese vessel name. 
(3)The CT numbers shall be placed on the port bow and the straboard bow, under 
the English vessel name. 
(4)The IRCS shall be placed above the waterline on both sides of any fishing 
vessels and on a deck where the IRCS is not obscured by fishing gear(s), and 
shall be clear of the bow, stern, discharge or areas which might be prone to 
damage or discoloration. In case that the lowest edge of characters is under 
the waterline when the fish holds are full, the IRCS shall be placed on the 
fishing vessel’s superstructure.

Chapter III-1 Catch Limits or Quotas
Article 12-1
For the purpose of these Regulations, the species with catch limit (hereinafter 
referred to as “species with catch limit”) as referred to in subparagraph (7) 
of Article 13, paragraph 1 of the Act means saury.

Article 12-2
The annual total catch quota of the Republic of China in the north Pacific Ocean 
and the individual vessel quota of a saury fishing vessel shall be promulgated by 
the competent authority in accordance with applicable conservation and management 
measures.  

In the event that the total catch amount of the species with catch limit has 
reached 95% of the annual total catch quota as referred to in the preceding 
paragraph, the competent authority may order the whole saury fishing fleet 
to stop catching the concerned species by a deadline.

The period for using the quota as referred to in paragraph 1 shall be from 
May 1 to December 31 of the current year.

The total remaining quota of the Republic of China in the north Pacific 
Ocean may be arranged by the competent authority.

Article 12-3
The maximum for allowed annual individual vessel quota of a saury fishing 
vessel shall be 4,000 metric tons.

The allowed individual vessel quota as referred to in the preceding 
paragraph means the sum of the individual vessel quota granted by the 
competent authority pursuant to these Regulations, the quota received from 
other vessel(s), the additional quota applied for, and the premium quota; 
and the quota transferred, deducted, and retrieved have been deducted.   

Article 12-4
The distant water fisheries permit of the current year shall be obtained 
for granting the quota of the current year to the saury fishing vessel. 

For any saury fishing vessel that has not obtained the distant water 
fisheries permit of the entire period for using the quota as referred to in 
Article 12-2, paragraph 3, the quota shall be granted in accordance with the 
percentage that the number of month(s) approved accounts for the whole 
period. Notwithstanding such provision, in the event that the ownership of 
any saury 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 period, the unused quota of such a vessel in 
the current 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 saury fishing vessel concerned in the 
current year:
(1)Loss of a saury 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 12-5
The catch amount of the species with catch limit for any saury fishing vessel 
shall not exceed the allowed individual vessel quota for the current year. 
In case of excess, the allowed annual quota of such a fishing vessel for the 
following year shall be deducted accordingly.

In the event that the catch amount of the species with catch limit of any 
saury fishing vessel has reached 90% of the allowed individual vessel quota, 
the competent authority may order such a vessel to stop catching the 
concerned species by a deadline.

Article 12-6
In case of any of the following conditions, the competent authority shall 
grant the quota of the current year in accordance with the percentage that 
the number of month(s) the saury fishing vessel actual fishes accounts for 
the whole period as referred to in Article 12-2, paragraph 3; shall retrieve 
the quota on a pro-rata basis from the saury fishing vessel which has been 
granted the quota; or shall deduct the allowed annual quota for the following 
year in the event that the quota of the current year is unable to be retrieved 
from the vessel:     
(1)The fishing license of the saury fishing vessel is suspended by the 
competent authority for one month or above.
(2)The saury fishing vessel is detained in the port by foreign government.

For any saury fishing vessel that has obtained the distant water fisheries 
permit of the current year but does not leave a port for fishing operation by 
30 September of the current year, the competent authority shall retrieve 50% 
of its allowed individual vessel quota.  

Article 12-7
In the event that the following requirements are met, the allowed individual 
vessel quota of a saury fishing vessel may, through the coordination of the 
Squid Association which reports to the competent authority for approval, be 
transferred to other fishing vessel(s):
(1)The allowed individual vessel quota of the receiving fishing vessel shall 
not exceed the limit as stipulated in Article 12-3, paragraph 1 after the 
transfer.
(2)Both the transferring and receiving fishing vessels shall not have been 
imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in 
the current year.
(3)In case that the transferring or receiving fishing vessel has been imposed 
upon a fine or the suspension of the fishing license pursuant to Article 41 of 
the Act in the current year, such punishment has been paid or executed 
completely.

Article 12-8
Depending on the quota utilization in the current year, the competent authority 
may announce the additional quota that can be applied for. 

Any saury fishing vessel that meets the following requirements may apply for 
the additional quota as referred to in the preceding paragraph:
(1)Its allowed individual vessel quota shall be 80% of the quota for 
individual saury fishing vessel as promulgated pursuant to Article 12-2, 
paragraph 1.  
(2)Its saury catch amount has reached 80% of and not exceeded its allowed 
individual vessel quota.

In case of any of the following circumstances, the competent authority 
shall not grant the quota as referred to in paragraph 1:
(1)The catch amount of species with catch limit in the preceding year 
exceeds 10% or above of the allowed individual vessel quota of that year.
(2)After granting the additional quota, the allowed individual vessel 
quota exceeds the limit as stipulated in Article 12-3, paragraph 1.

The additional quota acquired in accordance with paragraph 1 shall not be 
transferred.

Article 12-9
The competent authority may grant premium quota to a saury fishing vessel 
which cooperates with the competent authority to carry out relevant 
experiments, researches or management measures.

The premium quota as referred to in the preceding paragraph shall not 
be transferred.

Chapter IV Management of Vessel Position Reporting
Article 13 
The ALC on board shall be maintained functional at all time, whether at 
sea or in port.

The ALC on board any fishing vessel shall automatically transmit at 
least one vessel position in every hour.

Fees for the services and communications of the ALC shall be borne by 
distant water fisheries operators.

Except for the purpose of repair or replacement approved by the 
competent authority, any ALC which has been installed on board and has 
transmitted a vessel position shall not be removed from the fishing 
vessel.

Article 14 
In case that a fishing vessel needs to stay in a domestic port for 
three days and above; or in a foreign port for dry docking; or in a 
foreign port for seven days and above, its distant water fisheries 
operator may apply to the competent authority with documentary proof 
for switching off the ALC, which may only be switched off after 
obtaining approval.

In the case of a fishing vessel applying for switching off the ALC 
during its stay in a foreign port for the purposes except for dry 
docking, a photograph showing the berthing of such fishing vessel 
shall be provided weekly. The competent authority may order to switch 
on the ALC concerned in case of failing to provide the photograph in 
due course.

The period of switching off the ALC as approved in accordance with 
paragraph 1 shall not exceed six months for each application. Extension 
may be applied by the distant water fisheries operator concerned in 
accordance with the preceding provision before the period is expired.

Any fishing vessel shall not leave the port during the period of 
switching off the ALC.

In the event that the ALC onboard is rebooted, the fishing vessel 
may only leave the port after the commissioned professional institution 
has confirmed that such ALC can regularly and normally transmit vessel 
positions.

Article 15
Any fishing vessel shall carry at least one spare set of ALC on board.

In case that the identification number of ALC on board has been changed, 
the distant water fisheries operator shall notify the competent 
authority or the commissioned professional institution in writing.

Article 16
The ALC is deemed as signal-lost in the event that the commissioned 
professional institution has not received positions automatically 
transmitted by the ALC twice consecutively. In the event that the 
ALC is signal-lost for three consecutive days, it is deemed as 
malfunction.

The malfunctioning ALC shall be repaired no later than 30 days.

In the event that the ALC on board is signal-lost or mal-functional, 
the distant water fisheries operator or the captain shall 
immediately send information related to vessel positions by facsimile 
to the commissioned professional institution. The vessel positions 
shall be recorded by automatic recording satellite navigator for 
perusal in later days.

The transmit of vessel positions as referred to in the preceding 
paragraph shall be hourly for any fishing vessel.

In the event that the ALC on board is mal-functional, the 
competent 
authority shall be notified of using the spare set. In case 
that the 
spare set is also mal-functional, the spare set from other 
fishing 
vessel may be deployed after obtaining the competent 
authority’s 
approval.

Article 17 
In the event that the ALC onboard is deemed as signal-lost 
for an accumulative period of five days and above during one 
fishing trip, the competent authority may order such fishing 
vessel to stop fishing immediately and directly navigate to a 
designated port within the required timeframe for repair and 
inspection(s) conducted by personnel dispatched by the 
competent authority, and such vessel shall not leave the port 
until the commissioned professional institution has confirmed 
that such ALC can regularly and normally transmit vessel 
positions. 

Any expense incurred from port return, port entry and 
confirmation of position transmitting as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.

Article 17-1
For any fishing vessel that is not within the water under 
the national jurisdiction of the Republic of China and 
without a valid distant water fisheries permit, it shall 
still maintain its ALC operational year-round, and Article 
13 to 17 shall apply to such vessel.

Chapter V Logbooks and Catch Reports
Article 18 
In the event that any saury fishing vessel leaves a port, 
its captain shall daily report catch data through the 
E-logbook system designated by the competent authority, 
and shall also fill in the logbooks designated by the 
competent authority by fishery types. Catch reports shall 
be filled in completely and accurately, and where the catch 
amount is zero, catch reports shall be filled in as well.

In case that there is any discrepancy between any datum 
recorded in the E-logbook system and the logbook, the datum 
recorded in the E-logbook system shall prevail. 

Article 19 
In case that the E-logbook system fails to report catch data 
on the day, the distant water fisheries operator or the captain 
shall transmit catch data via facsimile to the competent 
authority or the commissioned professional institution next 
day. Such catch data shall be signed by the distant water 
fisheries operator or the captain.

In the event that the E-logbook system fails to report catch 
data for three consecutive days, it is deemed as mal-function. 
The malfunctioning E-logbook system shall be repaired no later 
than 30 days.

In the event that the E-logbook system onboard is deemed as 
mal-functional for an accumulative period of 15 days and above 
during one fishing trip, the competent authority may order such 
fishing vessel to stop fishing immediately and directly navigate 
to a designated port within the required timeframe for repair 
and inspection(s) conducted by the personnel dispatched by the 
competent authority, and the vessel shall not leave the port 
until the commissioned professional institution has confirmed 
that such E-logbook system can normally transmit data.

Any expense incurred from port return, port entry and 
confirmation of the E-logbook system as referred to in the 
preceding paragraph shall be borne by the distant water 
fisheries operator.

Article 20 
Any salmon, trout, sea turtle, seabird, whale shark, 
cetacean, penguin or other prohibited species promulgated 
by the competent authority incidentally caught by any saury 
fishing vessel shall be released when caught alive or 
discarded dead, and the number(s) be duly recorded in the 
logbooks or E-logbook system.  

Article 21
Except for saury caught by saury fishing vessels which shall 
be retained in full and shall not be discarded, any fish 
species of no economic value or no utilizing value shall be 
released immediately, and the number(s) discarded shall be 
duly recorded in the logbooks or the E-logbook system.

Article 22
In case of bycatch of sharks by any saury fishing vessel, 
fins shall not be fully cut off and shall be naturally 
attached to carcasses for the disposal of shark fins, and 
the number(s) of sharks shall be duly recorded in the 
logbooks or the E-logbook system.

Article 23 
The E-logbook data or the logbook(s) submitted shall not 
be altered or amended, unless there is apparent error with 
the content and the competent authority has approved.

Article 24
The discrepancy between the catch amount recorded in the 
E-logbook during one fishing trip of any saury fishing 
vessel and the actual landing amount shall not exceed 10% 
of the actual landing amount.

In the event that the discrepancy between the catch amount 
recorded in the E-logbook and the actual landing amount 
exceeds 20% of the actual landing amount, it shall be 
defined as “seriously misreporting” as referred to in 
subparagraph (12) of Article 13, paragraph 1 of the Act. 

For transshipping saury catches from a suary fishing vessel 
to a processing vessel or an auxiliary vessel, the 
transshipment amount recorded in the Transshipment 
Declaration shall be deemed as the actual landing amount. 

Chapter VI The Designation and Management of Ports for 
Transshipment or Landing
Article 25 
Any saury fishing vessel intending to conduct transshipment 
or landing at foreign ports shall be limited to Busan, Korea.  

Any saury fishing vessel intending to conduct landing at 
domestic ports shall be limited to Chienchen Fishing Harbor 
and Siaogang Fishing Harbor in Kaohsiung City.

Any fishing vessel intending to conduct landing in mainland 
China shall be limited to the designated ports stipulated in 
the Regulations on Permission and the Management of Fishing 
Vessels Sailing to Mainland China. 

Article 26 
Any carrier vessel intending to transship catches from any 
saury fishing vessel shall meet any of the following 
requirements:
(1)It is a carrier vessel of the Republic of China and has 
obtained the distant water fisheries permit; or
(2)It is a foreign carrier vessel listed on the list of 
authorized vessels of the North Pacific Fisheries Commission, 
and installed with the ALC which meets the standards specified 
by the competent authority, and reports its position hourly to 
the commissioned professional institution. 

Any processing vessel and auxiliary vessel that receives 
catches of saury fishing vessel(s) shall be listed on the list 
of authorized vessels of the North Pacific Fisheries Commission.    

Article 27
Any carrier vessel of the Republic of China shall not transship 
with, refuel or supply any fishing vessel not listed on the 
authorized vessels list of the North Pacific Fisheries Commission, 
or any fishing vessel that has altered its name or registration 
number.

Article 28
In case of any of the following circumstances, the competent 
authority shall list the foreign carrier vessel concerned which 
transships catches from saury fishing vessel(s) on the 
non-cooperative carriers list:
(1)The foreign carrier vessel has violated any provision regarding 
vessel position reporting; or
(2)The foreign carrier vessel has violated any provision regarding 
transshipment or landing.

In case that any foreign processing vessel or auxiliary carrier 
vessel that transships catches of saury fishing vessel(s) violates 
any provision regarding transshipment or landing, the competent 
authority shall list such vessel on the non-cooperative processing 
vessels or auxiliary carrier vessels list:

Article 29 
For any carrier vessel intending to transship at sea, the distant 
water fisheries operator shall submit the transshipment plan and 
relevant information (as shown in Appendix 4) and apply to the 
competent authority five days before the transshipment at sea for 
approval. In case that the last day for filing the application is 
a national holiday, the application shall be made on the working 
day before the national holiday. 

Any foreign carrier vessel shall, with the enclosure of relevant 
information as shown in Appendix 4, apply to the competent 
authority for approval before conducting the transshipment in port 
with any saury fishing vessel for the first time in the current 
year.

In case of any addition to the list of saury fishing vessel(s) in 
the transshipment plan approved by the competent authority, the 
application shall be submitted three working days before making 
such addition to the competent authority for approval. The 
transshipment with the concerned saury fishing vessel(s) may only 
be conducted after the approval has been granted. Any application 
submitted after the prescribed deadline shall be denied.

Article 30
In case of any of the following circumstances, the application of 
transshipment plan made in accordance with Article 29 shall be 
denied:
(1)The carrier vessel concerned does not meet the requirements 
stipulated in Article 26;
(2)Three years have not passed since the carrier vessel concerned 
was listed on the non-cooperative carriers list; or
(3)The fine for violating the Act imposed on the carrier vessel 
concerned has not been paid completely.

Article 31 
Any saury fishing vessel and carrier vessel that intends to conduct 
transshipment shall respectively apply for the approval from the 
competent authority before the transshipment.

The approval from the competent authority shall be obtained for any 
saury fishing vessel that intends to transship its catch to any 
processing vessel or auxiliary carrier vessel.

Any distant water fisheries operator or captain applying for the 
approval as referred to in the preceding two paragraphs shall fill 
in the Transshipment Notification (format as shown in Appendix 5) 
and submit it to the competent authority no later than three days 
before the estimated date for transshipment.  In case that the last 
day for filing the application is a national holiday, the 
application shall be made on the working day before the national 
holiday.

Fishing vessels approved by the competent authority to conduct 
transshipment may transship the catch on the approved date, within 
three days before the approved date, or within five days after the 
approved date. Notwithstanding such provision, the actual 
transshipment date shall not be within two days after the application 
date. 

For any transshipment to be conducted not within the approved period 
as referred to in the preceding paragraph, the distant water 
fisheries operator or the captain concerned shall apply for the 
change of the date for transshipment and obtain the approval from the 
competent authority before conducting the transshipment.

Article 32
For any saury fishing vessel, carrier vessel, processing vessel, or 
auxiliary carrier vessel that is under any of the following 
circumstances during the current fishing trip, the competent authority 
shall not authorize such vessel to transship at sea: 
(1)The ALC on board is mal-functional and has not been repaired.
(2)There is concrete evidence to identify such vessel has involved in 
any serious infringement as prescribed in subparagraph (4) to (14) or 
(18) of Article 13, paragraph 1 of the Act.
(3)The discrepancy between the amount to be transshipped and the catch 
amount reported through the E-logbook system exceeds 10% of the latter.

In case that, for the catches to be transshipped, it is suspected that 
the saury fishing vessel or carrier vessel concerned has operated 
within the water under the jurisdiction of any other country without 
valid authorization, the competent authority may not authorize such 
vessel to transship at sea.

Article 33 
In the event that the catch of any saury fishing vessel has been landed 
in a port and is subsequently transported by a carrier vessel for port 
departure, it shall be deemed as transshipment, and Article 31 shall 
apply.

Article 34
The saury fishing vessel or carrier vessel which obtains the approval 
to transship pursuant to Article 31 shall not conduct the transshipment 
in the event that the ALC on board is signal-lost and has not been 
repaired.

Article 35
For any carrier vessel that receives catches, it shall separate 
catches from each individual saury fishing vessel and fill in the 
transshipment declaration (format as shown in Appendix 6). 
  
The distant water fisheries operator or the captain of any saury fishing 
vessel and carrier vessel shall, within three working days after the 
completion of transshipment, respectively submit the transshipment 
declaration to the competent authority. In the event that both the saury 
fishing vessel and the carrier vessel are of the Republic of China, 
submission of the transshipment declaration by the distant water fisheries 
operator or the captain of the carrier vessel may be waived.

Article 36 
For any saury fishing vessel landing its catch in a domestic or foreign 
port, the following person(s) shall fill in the Advance Notice of Landing 
(format as shown in Appendix 7), and submit it to the competent authority 
for approval by the following deadline; and in case that the last day for 
filing the application is a national holiday, the application shall be made 
on the working day before the national holiday:
(1)For the landing conducted by a saury fishing vessel, its distant water 
fisheries operator or captain shall submit it no later than three days 
before the estimated date for landing.
(2)For the landing conducted by a saury fishing vessel with the catch 
subsequently being transported by commissioning a container vessel, the 
distant water fisheries operator or the captain of such saury fishing 
vessel shall submit it no later than three days before the estimated date 
for landing.
(3)For the landing conducted by a carrier vessel, the distant water 
fisheries operator of a saury fishing vessel shall submit it no later than 
three days before the estimated date for landing. 
(4)For the landing conducted by a carrier vessel with the catch 
subsequently being transported by commissioning a container vessel, the 
distant water fisheries operator of a saury fishing vessel shall submit it
 no later than three days before the estimated date for landing.

Fishing vessels approved by the competent authority to conduct landing may 
land the catch on the approved date or within three days after the approved 
date.

For any landing to be conducted not within the period as referred to in the 
preceding paragraph, the distant water fisheries operator or the captain of 
the saury fishing vessel concerned shall apply for the change of the date of 
landing and obtain the approval from the competent authority before conducting 
the landing.

For a saury fishing vessel which has been approved by the competent authority 
to land at a domestic port, its distant water fisheries operator or captain may 
change to land at other domestic port before the landing, and shall only conduct 
landing after the competent approves such change.

For any saury fishing vessel whose catch is landed at a foreign port and 
transported to a domestic port by a container vessel, the distant water fisheries 
operator of such saury fishing vessel shall, no later than three days before the 
container vessel’s port entry, notify the competent authority of the time for 
port entry and the name of the port.

Fishing vessels may only apply for navigating from the fishing area to the port(s) 
of Mainland China for landing in accordance with paragraph 1 after the completion 
of fishing operations in the current year, and shall not load any object from the 
Mainland China. 

Article 37
Upon the completion of landing of any saury fishing vessel, the following person(s) 

shall fill in and submit to the competent authority the Landing Declaration (format 
as shown in Appendix 7), by the prescribed deadline: 
(1)For the landing conducted by a saury fishing vessel, its distant water fisheries 
operator or captain shall submit the Declaration within five working days after the 
completion of landing.
(2)For the landing conducted by a saury fishing vessel with the catch subsequently 
being transported by commissioning a container vessel, the distant water fisheries 
operator of such saury fishing vessel shall submit the Declaration within five 
working days after the container(s) containing such catch unloads and completes 
customs clearance.
(3)For the landing conducted by a carrier vessel, the distant water fisheries 
operator of a saury fishing vessel shall submit the Declaration within five working 
days after the completion of landing by the carrier vessel.
(4)For the landing conducted by a carrier vessel with the catch subsequently being 
transported by commissioning a container vessel, the distant water fisheries 
operator of a saury fishing vessel shall submit the Declaration within five working 
days after the container(s) containing such catch unloads and completes customs 
clearance.

The term “completion of landing” as referred to in these Regulations means the 
whole weighing process has been completed for the catch landed at a port.

Article 38 
The distant water fisheries operator and captain of any fishing vessel shall accept 
port inspections conducted by the competent authority or the independent third 
party for the verification of the catch landed or transshipped.

The distant water fisheries operator or captain of any saury fishing vessel that is 
designated by the competent authority to be inspected shall comply with the 
following:  
(1)For inspections conducted by the competent authority, the landing or
transshipment shall be started only after the person(s) of the competent authority 
has arrived.
(2)For inspections conducted by the independent third party, the contact with the 
independent third party shall be made, and the landing and transshipment shall be 
started only after the person(s) of the independent third party has arrived.

Article 39
The distant water fisheries operator of any saury fishing vessel shall, within 60 
days after the completion of sale or landing, submit sales or inventory 
information to the competent authority. The sales information shall at least 
include buyer(s), fish species and quantities.   

Chapter VII Observation or Inspection during Fishing Operations
Article 40
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 intended 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 41 
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 the preceding three subparagraphs.
(7)The captain shall sign on the record(s) of observation written by the observer. 
In case there are different views on the 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 42 
In the event of boarding and inspection conducted by the inspector(s) dispatched 
by the competent authority, any foreign country with which the fisheries 
cooperation is engaged, or any international fisheries organization, 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 Special Management Measures for High Risk Fishing Vessels 
Article43 
Matters related to the management of high risk fishing vessels categorized by the 
competent authority shall be governed by this Chapter. Matters not stipulated in 
this Chapter shall be governed by these Regulations. 

Article 44 
Any distant water fisheries operator of the high risk fishing vessels shall, 
starting from the date that the competent authority informs the distant water 
fisheries operator of such vessel, comply with the special management measures 
as follows:
(1)Any high risk fishing vessel shall not engage in fisheries cooperation by 
means of being chartered to any foreigner. 
(2)For each fishing trip of such vessel, the observer dispatched by the competent 
authority shall be carried on board, or the functional electronic monitoring 
equipment shall be installed on board before leaving a port. For such vessel that 
has carried on board the observer who meets the requirement of the international 
fisheries organization(s), it shall be exempted.
(3)Vessel positions shall be transmitted in accordance with Chapter VI.
(4)Catch reports shall be conducted in accordance with provisions stipulated in 
Chapter V.
(5)Such vessel shall not conduct at-sea transshipment.
(6)For transshipment in port, the Transshipment Notification shall be filled in to 
apply for the approval of the competent authority, no later than seven days before 
the estimated date for transshipment.
(7)For landing in port, the Advance Notice of Landing shall be filled in to apply 
for the approval of the competent authority, no later than seven days before the 
estimated date for landing.
(8)In case of transshipment or landing in port, inspections shall be conducted by 
the competent authority or the independent third party.

Article 45 
In the event that any high risk fishing vessel does not violate any regulation for 
one year starting from the date of being listed as high risk fishing vessel, such 
vessel shall be de-listed and exempted from the special management measures.

Chapter IX Supplemental Provisions
Article 46 
To prevent harming marine living species, any fishing vessel shall not dispose any 
type of plastic trash or discharge any oil on the sea.

Article 47
Cartons for packing saury shall be marked with the date of harvesting the catch in 
an appropriate manner. 

Article 48 
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)