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Regulations on the Management of Fishing Vessels and Crew in Foreign Fishing Bases

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Amended and Promulgated by Presidential Order of Council of Agriculture, Executive Yuan, on August 16, 2000

Article 1 These Regulations (hereinafter "the Regulations") are made, pursuant to Article 39 of the Fisheries Act, to manage fishing vessels and crew in foreign fishing bases. Matters not covered by the Regulations shall be governed by the provisions of other laws and regulations.

Article 2 In the Regulations, the term "competent authority" or "competent authorities" means the Council of Agriculture of the Executive Yuan at the central government, municipal governments at municipalities, and county/city governments at /counties/cities.

Article 3 For the development of fisheries and the operation needs of fishing vessels, the central competent authority may select appropriate foreign ports and approve them as foreign bases for the operation, selling, and supply of national fishing vessels (hereinafter "foreign base").

Article 4 Any fishing vessel concerned may undertake fishery operation in a foreign base when it:

• (1) uses the foreign base for the purposes of operation, selling, or supply;
• (2) uses the foreign base for the purposes of transshipping fish catch.

Article 5 Any person who applies and seeks to obtain approval for external fisheries cooperation by the central competent authority shall have the application for approval delivered to and transferred by the municipal/county/city competent authorities. In addition to the Regulations prescribed herein, applications of external fishery cooperation involving laws and regulations on the vessel control, investment, and technical cooperation shall obtain approval from the relevant competent authorities.

Article 6 Any fishery operator who wants to operate in a foreign base shall complete an application form and submit the following documents for the approval of the central competent authority before issuing a certificate of operation in such a foreign base:

• (1)A copy of fishing license.
• (2)A copy of fishing vessel inspection certificate.
• (3)A crew list and copies of Fishing Vessel Officer Certificate.
• (4)Copies of fishermen's survival and fire-extinguishing course certificate;
• (5)All other designated documents promulgated by the central competent authority.

Article 7 The central competent authority shall set a quota on operating fishing vessels in the relevant maritime zones and prescribe terms on the duration of operation in a foreign base, which cannot exceed two years and six months, under the prescription of international fisheries management or other fisheries related acts and regulations. Any fishing vessel that is approved to operate in a foreign base shall depart no later than six months after its approval date, or have its approval waived otherwise. The certificate of operation in a foreign base is eligible for multiple-voyage if no change of crew members is made within terms approved by the competent authority as previously described. The original approval shall be waived if fishing vessel fails to depart within three months from its arrival date, or fails to engage the next voyage to the approved foreign base. Upon the need to extend terms on fisheries operation, owner of fishing vessel shall renew the certificate for operating in a foreign base and provide relevant documents for an approval on extension according to the provisions provided in Article 6 prior to the expiry date.

Article 8 Fishing vessels shall operate in the foreign base according to the following rules:

• (1)Fishing vessels shall operate in the approved fishing areas or types of fishery operation.
• (2)Fishing vessels shall station in the approved foreign base.
• (3)Fishing vessels are prohibited from carrying on board things other than the necessary fishing gears, bait fish, catches, or other approved articles.
• (4)Fishing vessels are prohibited from catching or shipping the restricted aquatic animals or plants publicly announced by the central competent authority.
• (5)Fishing vessels shall observe all other rules promulgated by the central competent authority.

Article 9 A fishery operator shall meet the following requirements prior to its departure for a foreign base:

• (1)A fishery operator shall sign employment contracts with the crew members as authenticated by a local fishermen's association, a copy of which shall be deposited with the fishermen's association for reference.
• (2)A fishery operator shall provide a name list of fishermen and have it referred to a police agency of the fishing vessel's port of registry for approval prior to the fishermen's departure.
• (3)A fishery operator shall report to a police agency of the fishing vessel's port of registry and refer to the local fishermen's association on any reassignment or repatriation of the fishermen after that vessel's departure.
• (4)A fishery operator are responsible for returning the fishermen back home if they left the fishing vessels at a foreign port.
• (5)A fishery operator shall repeat the requirements in case any change of the fishermen had taken place prior to the departure.

Article 10 The military service of any fisherman operating in a foreign base shall be dealt with in accordance with relevant military service laws and regulations.

Article 11 In case of a shortage of supply in fishermen that might affect the ordinary operation, the fishery operator of fishing vessels operating in a foreign base may hire foreign or Mainlander fishermen under prescriptions set by the central competent authority.

Article 12 Fish catch sold in or exported from the foreign base could be exempt from the need to obtain an export license and give a uniform-invoice. Any fish catch imported by other fishing vessels or fish carriers in transshipments for domestic sale could be exempt from the need to obtain an import license; any fish catch transported and imported by commercial vessels or airplane for domestic sale which is accompanied by license issued by the Republic of China embassy, consulate, or mission concerned, or the agency/person approved by the central competent authority shall present documents of approval issued by the central competent authority to the trade competent authority before applying for an importation license and declaring an exemption from importation tax. The fishery operator shall decide whether fish caught should be sold abroad or domestically in the name of the fishing vessel.

Article 13 Captain of the fishing vessel operating in a foreign base shall hand out catch reports to the fishery operator within thirty days from the vessel's arrival date after completion of its voyage. The fishery operator shall submit the report to the central competent authority for reference no longer than sixty days from the arrival date. The fishery operator shall report to the central competent authority for reference on the selling details of the catches within two months after the sale.

Article 14 The business of the fishing vessel for stevedoring, supply, or sales of catches in a foreign base may be consigned to an agency.

Article 15 The agency consigned to manage business of sales of catches shall have the following details sent to the central competent authority for its approval:

• (1)Name of the agency, its organization and capitals.
• (2)Resume of the person in charge of the affairs.
• (3)A copy of business license issued by the government.
• (4)Business working plan.
• (5)Reimbursement procedures for supply, maintenance, and all other necessary expenses.
• (6)Agency's price standards of catches assessed by the direct purchasers.

Article 16 During the terms of fisheries cooperation with foreign countries, the fishery operator or fishery organization shall report to the competent authority on progress of operation, status of operation, and other details of cooperation.

Article 17 Fishery operators of fishing vessels operating in a foreign base are restricted from signing a fish sales contract with any unapproved agency. Fishery operators may consign their affiliated fishery associations to sign the aforementioned contract with the agency.

Article 18 The agency in charge of the fish catch sales for the operating fishing vessels in a foreign base hereto shall make monthly report to the central competent authority for reference on the information of finished fish sales. The agency which has not followed the aforementioned requirements or has made false report is obliged to resubmit the correct information within a time limit; a warning is given when it exceeds the time limit; upon the third warning, the approval on the agency's right of sales engagement is waived.

Article 19 Those in violation of Article 6, Article 8(1) and (4) shall have their fishery license or captain's certificate withdrawn as a penalty for up to one year. Those in serious violation shall have their fishery license or captain's certificate revoked. Those in violation one of Article 7(3), Article 8(2), Article 8(3) and Article 8(5), Article 9(4), second-paragraph of Article 12, Article 13, and Article 17 shall have their fishery licenses or captain's certificates withdrawn as a penalty for up to six months.

Article 20 The central competent authority may require the municipal /county government to be in charge of all administrative affairs, described in Article 6, Article 13 and Article 18, of fishing vessels in a foreign base that is under the jurisdiction of municipal/county competent authority.

Article 21 The Regulations shall enter into force on the date of promulgation.