::: > Index > Fisheries Laws>Regulations on the Management of the Crew of Fishing Vessels

Regulations on the Management of the Crew of Fishing Vessels

Amended and Promulgated by Presidential Order of Council of Agriculture, Executive Yuan, on August 29, 2001

Chapter One General Principles

Article 1 These regulations (hereinafter "the Regulations") are made pursuant to Article 12 of the Fisheries Act.
Article 2 Terms used in the Regulations are:
- (1) Fishing vessels: Any type of vessel registered in the Republic of China for the purposes of fishery operation.
- (2) Crew: Any working member on the fishing vessel, including crew officers and regular fishermen.
- (3) Crew officer: Any working member on the fishing vessels holding the position
- (4) Ordinary fisherman: Any fisherman other than crew officer.
- (5) Captain: One who is in charge of all affairs on the fishing vessel.
- (6) Mate: A crew officer on deck in charge of navigation.
- (7) Chief engineer: A crew officer in charge of the operation of the vessel's main engines, auxiliary engines, and electronic devices.
- (8) Chief engineering supervisor: A crew officer in charge of assisting and supervising operations of the engineering department.
- (9) Engineering supervisor 憜GA crew officer in charge of work in shifts, operation and maintenance of engineering.
- (10) Radio operator: An operator in charge of telecommunications.
- (11) Length of fishing vessel: The length shall fall within the range of the length prescribed by Article 2 of the Regulation on Vessel Length Measurement.
- (12) Limited water means water area with the exclusive economic zone of the Republic of China.
- (13) Unlimited water means water area beyond the limited water of the Republic of China.
- (14) A1 water: Any water within the range of high transmission frequency from coastal broadcast stations.
- (15) A2 water: Any water beyond A1 and within medium transmission frequency from coastal broadcast stations.
- (16) A3 water: Any water beyond A1 and A2 and within the range of telecommunication from a positioned satellite of the International Maritime Satellite Organization
- (17) A4 water: Any water beyond A1, A2, and A3.
Article 3 Any fisherman shall hold a Fishing Vessel Crew Identification; any crew officer shall, in addition, hold a Fishing Vessel Officer Certificate.
Article 4 Any crew officer's position shall be categorized by length of fishing vessel, power of main engine, operating water areas, and means of maintenance as follows:
- (1) Department of navigation:
- (2) Department of engineering:
- (3)Department of telecommunications:
Article 5 Any fishery operator who employs any foreign fisherman within the territory of the Republic of China shall apply a foreign fishermen certificate for that foreigner and meet those requirements in accordance with the Employment Service Act and its relevant acts and regulations.
Article 6 Female fisherman is confined to work on raft, sampan, or with close relatives within the third next of kin who operate on a fishing vessel on the limited water.
Article 7 A fishing vessel shall retain a name list of crew members and a set of port entry and exit records.
Article 8 The municipal/county competent authority may set the standards for employment and payment of crew members according to local custom and living standard. The employers and employees may make contract according to the standards described in the preceding paragraph; the contract shall include the following specifications:
- (1) Name, age, origin of birth, address, ID number or other identity evidence of the fishermen.
- (2) Date and location of the signing of contract.
- (3) Name of the fishing vessel.
- (4) Zone of fishery operation.
- (5) Position.
- (6) Payment.
- (7) Dietary and allowances of welfare.
- (8) Rules on accident and fatality compensation.
- (9) Termination of contract and other stipulations.
- (10) Terms of contract.
- (11) Others.
Chapter 2 Qualification, Training, Issuing of Certificate
Article 9 Ordinary fishermen shall be limited to a minimal age of 16. Any one over age of 15 or finished junior high school, who is within second kin connections with owner of the fishing vessel or partner of the fishing business, works under no employment on the fishing vessel, which does not exceed 24 meters length overall and operates on the limited water, is exempt from this limitation. Crew officer shall be 18 of age or above.
Article 10 Fisherman shall receive physical examination from the following medical institutions:
- (1) Public hospitals.
- (2) Teaching hospitals.
- (3) Health clinics under Health Bureaus in municipalities/counties.
- (4) Designated hospitals for National Health Insurance and all joint clinics under
the Bureau of National Health Insurance. The physical examination mentioned in the preceding paragraph shall be conducted according to the Regulation on Standards for Physical Examination of Specialized and Technical Personnel.
Article 11 Fisherman shall participate in various training courses according to the central competent authority's regulations in the following categories:
- (1) Basic safety training.
- (2) Crew officer's professional training courses.
- (3) Current job training on expertise.
The trainings mentioned in the preceding subparagraph are under prescription made by the central competent authority according to international standards and may be implemented by the authority itself, or designated public or private training or scholarly institutions.
Article 12 The crew officers of the navigation unit on a fishing vessel, of which length overall is 12 meters or above but not exceeding 24 meters, and which has been applied to navigate to and operate in an unlimited water, shall hold a Fishing Vessel Officer Certificate for either the first grade captain or the first grade first mate. Any crew officer other than the first grade captain or the first grade first mate, who wants to serve those positions mentioned in the preceding paragraph in the navigation unit on a fishing vessel, shall participate in relevant training on expertise and be qualified for this end.
Article 13 The competent authority may call upon all levels of fishermen to receive training for the purpose of management of fishery; and no fisherman shall refuse the training.
Article 14 Any one who wants to apply for a Fishing Vessel Crew Identification shall present the following documents to the municipal/county/city competent authority which is authorized by the central competent authority:
- (1)Three completed application forms, attached with three two-inch photos taken without wearing a hat.
- (2)Original personal identification card and its photocopy. (The original personal identification card will be returned after verification.)
- (3)A statement of guarantee citing without the conditions of no permission to issue Fishing Vessel Crew Identification, which is provided in Article 20(1).
- (4)A copy of employment contract which was verified by fishermen's association. However, this does not apply to those who is not under employment in accordance with Art 9(1) and those who work for fishery training, patrol, and research vessels.
- (5)A report of physical examination made by a medical institution according to Article 10.
- (6)A certificate, and its photocopy, on basic safety training as required by Article 11. (The certificate will be returned after verification.)
- (7)A letter of consent and a proof of seal from the legal representative for an infant.The term of Fishing Vessel Crew Identification is five years. To renew upon expiry, the applicant must present a proof of fishery operation for up to one year from the past five years, prior to three months before the expiry date. If such proof can not be provided, the applicant shall seek trainings according to Article 11 and obtain
renewal of the Identification after passing the training.Any captain or chief engineer of a deep-sea fishing vessel, who is approved by the central competent authority, is not confined to the time requirement for fishery operation mentioned in the preceding subparagraph.
Article 15 Any person who applies for a Fishing Vessel Officer Certificate shall present the following documents and its application fee to the central competition authority:
- (1)Two completed application forms, attached with two two-inch photos taken without wearing a hat.
- (2)A photocopy of Fishing Vessel Crew Identification.
- (3)The certificate of the relevant qualification, issued by the Examination Yuan, and its photocopy. (The original proof will be returned after verification.)
- (4)A proof of fishery operations for more than one year in the past five years or a certificate of training on expertise, and its photocopy, according to Article 11.
(The original proof will be returned after verification.) Any fisherman who has obtained the certificate of the relevant qualification issued by the Examination Yuan can renew or apply a certificate for crew officer without handing out the documents described in item (4) in the preceding sub-paragraph.The term of Fishing Vessel Officer Certificate is five years. To renew upon expiry, the applicant must renew it three months before the expiry date.The application fee mentioned in the first paragraph is to be prescribed by the central competent authority. The fee shall be handled according to budgetary procedures.
Article 16 Any person who applies for a foreign fisherman certificate shall request his fishery operator to send the following documents through the local fishery association to the municipal/county competent authority which is authorized by the central competent authority:
- (1)Two completed application forms, attached two two-inch photos, taken without hat.
- (2)Passport photocopy.
- (3)Photocopy of the employment permission issued by the Council of Labor Affairs.
- (4)Photocopy of a physical examination report issued by a designated hospital by the Department of Health.
- (5)Certificates of relevant trainings for qualified position according to Article 11(1).
Any fishery operator who hires foreign fishermen shall, within seven days upon obtaining the employment permission issued by the Council of Labor Affairs, present a photocopy of the permission to the municipal/county competent authority for reference. After the foreign fisherman return upon term expiry or dismissal, the relevant fisherman association shall retrieve the foreign fisherman certificate and return it to the original issuing authority. Term for the foreign fisherman certificate shall not exceed the term of employment prescribed by the Council of Labor Affairs.
Article 17 Any fisherman shall bring the Fishing Vessel Crew Identification along when he sails for fishery operation; crew officer shall, in addition, bring the Fishing Vessel Officer Certificate. The Fishing Vessel Crew Identification and Fishing Vessel Officer Certificate can be re-issued or renewed had they been lost or damaged. If lost, a statement shall be attached to the application for re-issuing, while damaged, the original Fishing Vessel Crew Identification and Fishing Vessel Officer Certificate shall be returned before they are renewed. The re-issued or the renewed Fishing Vessel Crew Identification and Fishing Vessel Officer Certificate mentioned in the preceding paragraph shall carry the same terms as the original Fishing Vessel Crew Identification and Fishing Vessel Officer Certificate do.
Article 18 Any applicant for an internship on the fishing vessel shall be processed and applied in the specific name list with others as a whole, by his school or training institution, to the municipal/county competent authority, to which the fishing vessel is registered, and also authorized by the central competent authority, as to issue an Intern Fishing Vessel Crew Identification.
Article 19 Any crew officer, whose certificate has been withdrawn, revoked, or terminated, shall not operate as an ordinary fisherman on any fishing vessel with a hull length of 12 meters and above.
Article 20 The following conditions are prescribed to those whose Fishing Vessel Crew Identification or Fishing Vessel Officer Certificate shall not be issued:
- (1) Any person who is waiting or under penalty of imprisonment to serve the sentence of the court, or being still wanted for judicial procedure, but except for anyone with reprieving statement, or approval given by the court or judicial agency concerned to such a fishing operation, within the duration of his probation.
- (2) Any person who is restricted or prohibited by law to enter or exit the country.
- (3) Any person whose Fishing Vessel Crew Identification or Fishing Vessel Officer
Certificate has been revoked for not more than two years. The competent authority may seek assistance from the justice and police authorities when examining conditions described in sub-paragraphs (1) and (2) of the preceding paragraph.
Article 21 Any previously issued Fishing Vessel Officer Certificate before this Regulations is amended shall be renewed within terms prescribed by the central competent authority. Relevant permissions concerning the application process and the required documents to be attached, and other matters are provided in Annex I. Chapter 3 Fishermen Assignment, Responsibility, Working Terms
Article 22 The least personnel assigned for various levels of crew officers are referred to Annex
Article23 The rank of crew officers described in Article 4 are presented as follows:
- (1) Navigation section: First level captain, first level first mate, second level captain, second level mate, third level captain, third level mate;
- (2) Engineering section: First level chief engineer, first level chief engineering supervisor, first level engineering supervisor, second level chief engineer;
- (3) Telecommunications section:
An experienced fisherman may apply by the fishery operator to the municipal/county competent authority and receive an approval to act as a proxy third level captain, third level first mate, or second level chief engineer, with a cumulative term not exceeding two years. The experienced fishermen mentioned in the preceding paragraph means any fisherman with an age of 20 or above, who does not operate on a raft nor a sampan, and with at least one of the following conditions:
- (1) having served on a fishing vessel with length overall of less than 12 meters for three years;
- (2) having served on a fishing vessel with length overall of more than 12 meters but less than 24 meters for two years;
- (3) having served on a fishing vessel with length overall of more than 24 meters for one year.
Article 24 The captain is responsible for the safety and management of the whole fishing vessel and is in charge of the following tasks:
- (1) to supervise and to direct all fishermen in navigation and fishery operation; in case of more than two fishing vessels operating as a group in the same fishery operation, captains of the subsidiary fishing vessels are under the command of captain of the main fishing vessel;
- (2) to select fishing ground, to decide operation location, and to instruct fishing techniques;
- (3) to use and maintain fishing gears, navigational and capturing equipments;
- (4) to have the full knowledge of the fishing vessel's structure and functions; and at all time to oversee safety checks; upon a leave, the captain shall transfer the knowledge and property of the fishing vessel and relevant records to the successor;
- (5) to proceed with immediate rescue when other fishing vessels calling for help, unless his fishing vessel itself is in danger;
- (6) to keep well all legal proofs and documents pertaining to the fishing vessel;
- (7) to keep entry of and examine the logbook at all times;
- (8) to supervise and assess interns;
- (9) to faithfully record in the logbook the cause, timing, and location of the following circumstances and have it sent to the navigation administration and fishery competent authority at the port at which the fishing vessel arrives first:
- (10) to make a maritime report according to Article 66 of the Shipmen Act;
- (11) anything requested by the fishery competent authority.
The first mate of the fishing vessel, if any, is responsible for the tasks mentioned in sub-paragraph (3) of the preceding paragraph.
Article 25 The first mate is under the captain's order to instruct at the wheel, to manage deck affairs and to supervise all levels of the navigation staffs in various operation and internship activities. In case the captain dies or cannot carry out his responsibility during navigation and in the absence of a successor, the highest ranking first mate shall act as the proxy for the captain.
Article 26 The chief engineer is under the captain's order to supervise all affairs in the engineering section and is in charged of the following responsibilities:
- (1) to manage, use, and maintain the engines;
- (2) to examine all parts of the machinery both before leaving a port and after arriving at a port;
- (3) to supervise engineering staffs to repair when such repairing is possible;
- (4) to examine all parts of machinery and their various functions, report to the captain, and record into the engineer's logbook if the fishing vessel is in collision or grounded;
- (5) to have the full knowledge of, and to keep record of the engine's various functions; upon a leave, the chief engineer shall transfer the knowledge of the engine functions and records to the successor;
- (6) to supervise and assess interns in the engineering section;
- (7) to faithfully record in the engineer's logbook the cause, timing, and location of the following circumstances and have it sent through the captain to the navigation administration and fishery competent authority at the port at which the fishing vessel arrives first:
Article 27 The first level chief engineering supervisor and first level engineering supervisor are under the first level chief engineer's order to supervise engineering section staffs in various machinery operations and to train interns; If the first level chief engineering cannot carry out his responsibilities for any reasons, the first level chief engineering supervisor shall act as proxy for the first level chief engineer.
Article 28 The radio operator is under the captain's order to be responsible of all telecommunications and is in charge of the following tasks:
- (1) to take care of communication equipment, plain and secret code, and relevant documents and legal decrees on communications;
- (2) to listen to broadcast on weather report and fishing conditions, record and report to the captain at all times.;
- (3) report fishing vessel's position to the coastal station;
- (4) to communicate with designated agency units within prescribed time duration;
- (5) to abide by relevant legal decrees on communication;
- (6) to report to the captain for further instruction, and to faithfully record in the logbook of telecommunications, when encountering the following circumstances:
- (7) any instant orders the captain gives;
- (8) the radio operator shall not communicate with any non-designated units, unless, for any operation and navigation safety reasons, under the captain's instruction or approval, due to an emerging need to communicate with other coastal station or vessel platform;
- (9) other important matters. Any fishing vessel that does not assign a radio operator on board shall have a crew officer who has received relevant training on telecommunications to act as the proxy.
Article 29 The ordinary fisherman shall obey the captain's and crew officer's supervision and direction for various operations.
Article 30 All fishermen shall obey relevant regulations of international standards when being on duty of navigation, engineering, and telecommunications. Chapter 4 Fishermen Works
Article 31 The fishermen shall not commit the following behaviors:
- (1) to illegally operate fishery or engage in illegal fishing activities during fishery operation;
- (2) to apply twice, to use counterfeit, or to lend the Fishing Vessel Crew Identification or Fishing Vessel Officer Certificate;
- (3) to join a collective slowdown and strike or to intentionally sabotage the fishing vessel or fishing gears;
- (4) to be absent from post or delay to return to the vessel upon the expiry of vacation;
- (5) to lack cooperation or to demand unreasonable payment that cause other vessel to suffer from disaster or kidnapping;
- (6) to poach other country's economic waters during operation, or to fish in a water area specifically prohibited by the regulations of the central competent authority or to intentionally capture sea organisms that are protected by regulations of the central competent authority;
- (7) other activities that violate relevant laws or this Regulations.
Article 32 Crew officer shall faithfully record on fishing areas, fishing results, sea conditions, and relevant fishery surveys on a daily basis according to the Regulations. Chapter 5 Addendum
Article 33 When necessary, the central competent authority may require the municipal/county competent authority to process the retrieval of Fishing Vessel Crew Identification or Fishing Vessel Officer Certificate.
Article 34 The formats of Fishing Vessel Crew Identification, Fishing Vessel Officer Certificate, guarantee statement, and application forms mentioned herein the Regulations are to be prescribed by the central competent authority.
Article 35 The Regulations shall enter into force on the date of promulgation.