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Regulations on Fishing Operations of Driftnet Fishing Vessels under Fishing Cooperation with Indonesia

Council of Agriculture, Executive Yuan Order No. Nun-Sho-Yu-Tzu 0931330116 dated 30 January 2004

Article 3 amended by Council of Agriculture, Executive Yuan Order No. Nun-Sho-Yu-Tzu 0931331627 dated 29 October 2004.

• 1.The Regulations are established pursuant to Articles 44(3) and 54(5) of the Fisheries Act.
• 2.Fishing vessels of the Republic of China are prohibited to conduct driftnet fishing operations in the 200-mile exclusive economic zone of Indonesia without authorization from the Council of Agriculture, Executive Yuan (hereinafter referred to as COA).

Those who have entered into fishing cooperation with Indonesia in carrying out driftnet fishing operations shall comply with the provisions of Article 3 as amended.

• 3. Operators applying for carrying out driftnet fishing operations in the 200-mile exclusive economic zone of Indonesia shall meet the following conditions:
• (1)Have entered into fishing cooperation with Indonesia and obtained fishing licenses or fishing access permits issued by the Indonesian Government.
• (2)Need to be a member of Kaohsiung Fishing Vessels Commercial Guild or Keelung Fishermen's Association (hereinafter referred to as “the association”).
• (3)All fishing vessels shall be installed with satellite telephone and vessel monitoring system, which have been tested as functional by Overseas Fisheries Development Council of the Republic of China (hereinafter referred to as “OFDC”).

Any member of the association who has obtained driftnet fishing licenses or fishing access permits issued by the Indonesian Government before the entry into force of these Regulations, and the fisheries operator has completed installation of two sets of vessel monitoring system before 30 November 2004, and reported their positions to the OFDC in every four hours pursuant to Article 5(4), may submit such documents as described in Article 4 and copies of driftnet fishing licenses or fishing access permits issued by the Indonesian Government to apply for fishing cooperation. Such application shall follow up with the driftnet fishing licenses or fishing access permits issued by the Indonesian Government and duly certified by the relevant outstation ROC embassy, consulate, or mission, and completion of joint on-board inspection of the vessel monitoring system by the OFDC and the association, not later than 31 December 2004.

• 4.Any application for carrying out driftnet fishing in the 200-mile exclusive economic zone of Indonesia shall submit the relevant documents as provided for in the Regulations for Foreign Fisheries Cooperation, accompanied with a copy of the fishing area map or its coordinates in longitude and latitude approved by the Indonesian Government. Such application shall be made to the association for submission to the relevant municipal, prefecture or township Government for approval by COA.
• 5.Operators authorized to carry out driftnet fishing operations in the 200-mile exclusive economic zone of Indonesia shall observe the following:
• (1)Not to fish outside of the exclusive economic zone of Indonesia.
• (2)Report to the association for transmission to the Fisheries Agency of the COA three days before the departure of the fishing vessel from domestic ports to the exclusive economic zone of Indonesia or departure from the exclusive economic zone of Indonesia for returning to the domestic ports.
• (3)Fishing vessels shall not enter into the high seas or the exclusive economic zones of other States, except when they are en route between homeport and Indonesian fishing areas.
• (4)During the time of navigation and operation, the vessel monitoring system on board shall automatically transmit message report of vessel's positions, speed and course to OFDC in every four hours or the fishery operator may commission the OFDC to command such reporting by means of data report. (Such expenses shall be borne by the fishery operator.)
• (5)The fishery operator shall submit catch reports of the fishing vessels (see Annex) every month to the association for statistics, and for further submission to the Fisheries Agency of the COA for record.
• (6)All other matters as promulgated by the competent authority of the Central Government from time to time.
• 6.Any operator who violated the provisions of Article 5, paragraph 4 for not transmitting reports for a consecutive time of forty-eight hours, the Fisheries Agency of the COA may order the vessel to stop operation, and proceed to a designated port to have its vessel monitoring system repaired within a specified period of time. Upon completion of the repair of the VMS and tested by the MonitoringCenter of the OFDC as functional, such vessel may resume fishing operation, at the approval of the Fisheries Agency of the COA,.
• 7.Any operator violates these Regulations, or intentionally provide wrongful report of his vessel’s position, the Council of Agriculture shall have the authorization issued to him pursuant to Article 4 withdrawn, and in addition, he shall be liable for criminal prosecution according to Article 61 of the Fisheries Act and penalized according to Article 10 of the same Act.

Monthly Catch Records of Driftnet Fishing Vessels Operating under Indonesian Fishing Cooperation Date:

Name of Vessel	Month	Operation Area
Quantity Fish Stocks	Quantity	Total Weight

Company/Operator Signature:(Stamp)