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Regulations on the Administration of Fishing Vessels and Crews Operating in Foreign Fishing Bases

Promulgated by the Ministry of Economic Affairs on 22 July 1968, under Order No. Jin-Tai (57) Nun-Tzu25623

Amended in title and full text, and promulgated by the Council of Agriculture, Executive Yuan on 30 October 1989, under Order No. (78) Nun-Yu-Tzu 8144799A. (Original Title: Regulations on Managing TaiwanAreaDeepSea Fishing Vessels and Crews Operating in Foreign Bases)

Amended in title and full text, and promulgated by the Council of Agriculture, Executive Yuan on 27 January 1992, under Order No. (81) Nun-Yu-Tzu 0040656A. (Original Title: Regulations on Taiwan Area Fishing Vessels and Crews Operating Fisheries in Foreign Bases)

Amended in full containing twenty articles, and promulgated by the Council of Agriculture, Executive Yuan on 14 August 1996, under Order No. 85 Nun-Yu-Tzu 5040651A.

Amended and promulgated by the Council of Agriculture, Executive Yuan on 31 August 2004, under Order No. Nun-Sho-Tzu 0931331174.

• Article 1

  These Regulations are established pursuant to Article 39 of the Fisheries Act (hereinafter referred to as "the Act").

• Article 2

  For the need of fisheries development and the operation of fishing vessels, the competent authority of the Central Government may select and approve appropriate foreign ports for use as foreign fishing bases for national fishing vessels (hereinafter referred to as “the foreign base”)

• Article 3

  No fishing vessel shall proceed to any foreign base to conduct the following operations without prior authorization:

• 1. using the foreign base for the purposes of fishing, selling of fish, or taking supplies;
• 2. using the foreign base for the purposes of transshipping fish products.
• Article 4

  Any matter concerning safety of vessels operating in the foreign bases, wireless telecommunications, and ocean-going navigation equipments on the fishing vessels, shall be subject to the provisions of the regulations on shipping, telecommunication, and other related laws and regulations.

• Article 5

  Any fishery operator who intends to operate in a foreign base shall apply to the competent authority of the Central Government accompanying the following documents for the issuing of a certificate of operation in a foreign base:

• 1. An application form, indicating the following:
• (1) Name of the vessel.
• (2) Serial number.
• (3) Gross tonnage.
• (4) Type of fishery.
• (5) Fishery operator.
• (6) Name of the captain.
• (7) Number of the crewmembers.
• (8) Intended fishing area and foreign base.
• (9) International Radio Call Sign.
• (10) Period of operation.
• 2. A copy of fishing license.
• 3. A copy of fishing vessel inspection certificate.
• 4. A list of crewmembers.
• 5. Copies of Fishing Vessel Officer’s Professional Certificate.
• 6. A copy of the document certifying basic safety training of crewmembers of the fishing vessel or a copy of the document certifying their taking of survival and fire fighting training.
• 7. Any other designated documents as promulgated by the competent authority of the Central Government from time to time.

The requirement of the document certifying taking of survival and fire fighting training by the fishing vessels crewmembers as indicated in the paragraph 6 above shall apply until 30 June 2006.

Any fishing vessel between 20 and 100 GRT not authorized but has already been operating in a foreign base, the fishery operator shall submit, no later than 31 December 2004, documents certifying its entrance to and departure from the foreign base port during the two years prior to the promulgation of the amended Regulations on 31 August 2004, as well as the documents as indicated in paragraph 1 above, to the competent authority of the Central Government to apply for a certificate for the operation in a foreign base. In case its crew does not comply with the qualification as set forth in Items 5 and 6 of paragraph 1 above, the fishery operator shall have it rectified no later than 30 June 2006.

• Article 6

  The certificate of operation in a foreign base issued by the competent authority of the Central Government shall include the following items:

• 1. Number of the certificate.
• 2. Name of the vessel.
• 3. Serial number.
• 4. Gross tonnage.
• 5. International Radio Call Sign.
• 6. Type of fishery.
• 7. Fishery operator.
• 8. Name of the captain.
• 9. Number of the crewmembers.
• 10. Fishing area.
• 11. Fishing base.
• 12. Period of authorization.
• Article 7

  The certificate of operation in a foreign base shall have a maximum validity of two years and six months. In case extension of fishing operation is required upon its expiry, the fishery operator shall apply for renewal of the certificate in accordance with the conditions as set forth in paragraph 1 of the preceding article, three months before its expiration date.

  The certificate of operation in a foreign base issued to a fishing vessel shall cease to be valid where anyone of the following incidents has been found within the validity of the certificate:

• Article 8

  Any fishing vessel operating in a foreign base shall comply with the following rules:

• 1. Operate in the maritime zones or the type of fishery as approved;

• 2. Shall moor at the foreign base as approved;

• 3. Shall not carry on board articles other than fishing gear, fishing bait, catches, and those articles that have been approved to carry;

• 4. With the exception of fish transport vessels, any fishing vessel shall not carry any catch which is not caught by itself. Provided that any fishing vessel which has completed its final fishing trip in a foreign base and returns to its homeport, it may carry catches caught by other ROC fishing vessels back to the country after obtaining permission in a case-by-case basis, from the competent authority of the Central Government.

• 5. Shall be prohibited from catching or shipping such aquatic animals or plants promulgated as prohibited by the competent authority of the Central Government;

• 6. Shall observe such other matters as promulgated by the competent authority of the Central Government from time to time.

• Article 9

  Any fishery operator of a fishing vessel shall complete the following prior to the departure of the vessel for a foreign base:

• 1. Sign an employment contract with the crews so witnessed by the district fishermen's association the vessel belongs, who shall retain a copy of the contract for future reference.
• 2. Provide a name list of crews for submission to the coast guard authority of the port of registry of the fishing vessel for approval prior to the departure of the vessel.
• 3. In case there is any change of the crews, the fishery operator shall fill in an application form or other related forms for port clearance for submission to the district fishermen's association the vessel belongs, competent authority of the municipal/prefecture/township, police authority of its port of registry, and coast guard authority for reference.
• 4. In case any crewmember leaves the fishing vessel at a foreign base, its fishery operator shall be responsible for the repatriation of the crewmember back home or to his home country.
• 5. In case there is any change of crewmember or change of fishery operator of a fishing vessel, a new employment contract shall be signed between the parties, and all such other requirements shall be observed.
• Article 10

  The obligatory military service of any crewmember operating in a foreign base shall be subject to the provisions of the related military service act or regulations.

• Article 11

  In case where a fishing vessel operating in a foreign base is short of crew to maintain its normal operation, the fishery operator may hire foreign or Mainland Chinese crew to supplement in accordance with prescriptions set by the competent authority of the Central Government.

• Article 12

  Any fishing vessel selling or exporting its catch at a foreign base shall be exempted from issuing unified invoice and application of export license. Its fishery products for domestic consumption which have been authorized to be shipped by a fish transport vessel or other fishing vessels for domestic sales shall be exempted from the requirement of import license. For any shipment of its fishery product by a cargo ship or by airplane for domestic sales, with the relevant documents attested by the relevant outstation embassy, consulate, representative office, or such organization or person as authorized by the competent authority of the Central Government, its fishery operator shall submit the document approved by the competent authority of the Central Government to the trade competent authority for application of import license and exemption of import tax.

  Whether the fish caught by a fishing vessel is sold in a foreign country or domestically shall be decided by the fishery operator, and it shall only be sold in the name of that fishing vessel. Fish not caught by the vessel shall not be sold in the name of that fishing vessel.

• Article 13

  Upon arrival in port, entry into port or offloading of the fish consigned for transshipment by a fishing vessel operating in a foreign base, the captain of the fishing vessel shall deliver catch reports to the fishery operator within thirty days from the day of such incident. The fishery operator shall submit transmit the catch reports to the competent authority of the Central Government for perusal within sixty days from the day such incident.

  After a fishing vessel operating in a foreign base completes its fishing operation as indicated in the preceding paragraph, the fishery operator shall submit information on sale of fish and its stocktaking to the competent authority of the Central Government for perusal within sixty days.

• Article 14

  Shipping handling, replenishment of supplies or sale of fish of any fishing vessel operating in a foreign base may be assigned to an agent.

• Article 15

  Any agent desirous of handling the sales of fish shall not commence its business operation, until it has submitted the following information to the competent authority of the Central Government and duly approved:

• 1. Name of the agent, its structure and capital amount.
• 2. Resume of the person in charge of the business.
• 3. A copy of business permit issued by the government.
• 4. Business plan.

• Article 16

  For the purposes of promoting business in foreign bases, a local agent may establish branch offices in foreign countries or dispatch staff members to foreign countries to handle related businesses.

• Article 17

  After an agent who has been assigned to handle the sale of fish for a fishing vessel operating in a foreign bases completes sales transactions, he shall submit information on sale of fish to the competent authority of the Central Government for perusal, in a monthly basis.

  Any agent who has not made such reports in accordance with the provisions as set in the preceding paragraph or has submitted incorrect reports is obligated to make supplemental reports or rectified information within a time limit, and a warning shall be given upon expiration of the deadline date, and upon the third warning, the permission of the agent for the business of sale of fish shall be revoked.

• Article 18

  Whoever violates the provisions of Article 3, Article 5, paragraphs 1 and 3, Article 7, paragraph 1, Articles 8, paragraphs 1, 4 and 5, Article 9, paragraph 4, or Article 12, paragraph 2 shall be punished in accordance with Article 10 of the Act, by suspending the fishing license of his vessel or the professional certificate of its captain for a period of not more than one year. In case of serious violations, the fishing license of the fishing vessel or the professional certificate of the captain shall be revoked.

  Whoever violates the provisions of Articles 8, paragraphs 2, 3, and 6, Articles 9, paragraph 3, and Article 13 shall be punished with a fine of a sum of not less than thirty thousand but not exceeding one hundred and fifty thousand New Taiwan Dollars in accordance with Article 65, paragraph 8 of the Act.

  In case after imposing of the punishment for the suspension of the fishing license of a fishing vessel in accordance with paragraph 1 of this Article, the punishment cannot be executed due to the loss of the fishing vessel, the punishment as provided in the preceding paragraph shall be mutatis mutandis applied.

• Article 19

  The competent authority of the Central Government may assign its subordinating agency or the relevant municipal, prefecture or township to take charge of the following businesses concerning fishing vessels operating in foreign bases:

• 1. Application for certificate of operation in a foreign base submitted by a fishery operator.
• 2. Information on sale of fish and its stocktaking submitted by a fishery operator.
• 3. Information on sale of fish submitted by an agent.
• Article 20

  These Regulations shall enter into force on the date of promulgation.