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英譯法規內容

Title Regulations on the Management of Pacific Bluefin Tuna Fishing Operation Ch
Date 2020.08.19
Legislative he full text of 36 articles promulgated on 30 November 2017 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1061338905.

Article 35-1 added and Article 36 amended and promulgated on 19
August 2020 by the Council of Agriculture, Executive Yuan under
Order No. Nung-yu-tzu 1091335437.
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 fishing 
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 35-1
Related business that shall be conducted by the central competent authority in 
accordance with Article 25, paragraph 2; Article 26; and Article 29 to 32 may be 
delegated to Fisheremen’s Associations.

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; and except for the amended Article promulgated on August 19, 2020, 
which shall become effective on January 1, 2020

 
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