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Regulations for Squid Jigging Vessels Operating in the Southwest Atlantic Ocean

Proclaimed by Council of Agriculture, Executive Yuan on 9 August 2000 under Proclamation No. (89) Nun-Yu-Tzu 891330494

These Regulations are established pursuant to Article 54, paragraph 5 of the Fisheries Act.

Proclamation:

1. For the purposes of administrating orderly fishing operations of ROC squid jigging vessels and specialized fish transport vessels (hereinafter referred to as "transport vessels") in the Southwest Atlantic Ocean, Regulations for Squid Jigging Vessels Operating in the Southwest Atlantic Ocean (hereinafter referred to as "the Regulations") are established pursuant to Article 54, paragraph 5 of the Fisheries Act.
2. Any squid jigging vessels or transport vessels proceeding to the Southwest Atlantic Ocean for the operation of squid fishery shall apply for fishing certificate within the period as announced by the competent authority of the Central Government.

The certificate mentioned in the preceding paragraph shall be issued by the South Office of the Fisheries Agency, Council of Agriculture.

3. Any fishing vessel proceeding to operate in the Southwest Atlantic Ocean without applying for a fishing certificate shall not carry any squid jigging gear.
4. Any squid jigging vessel, transport vessel, and crewmember applying for operations in the Southwest Atlantic Ocean shall meet the following conditions:

(1) Owner of the vessel shall be a member of the Taiwan Squid Fishery Association.
(2) Officer crew shall have attended the related training course on the fishing operations in the Southwest Atlantic Ocean.
(3) The vessel shall install with a satellite navigating equipment with automatic recorder.
(4) The vessel shall install with a vessel monitoring system capable of reporting vessel positions automatically.
(5) International call sign of the vessel in English block letters and numerical in contrasting color of one meter in height, shall be marked on both sides of the wheelhouse or the hull.
(6) Operation plan of the transport vessel shall be approved by the South Office of the Fisheries Agency, Council of Agriculture.
(7) Other designated matters as promulgated by the competent authority of the Central Government from time to time.

5. Unless authorized by the competent authority of the Central Government for participation in fishing cooperation in the Southwest Atlantic Ocean, any squid jigging vessel is prohibited to enter into 200- mile exclusive economic zone of Argentina and 150-mile Interim Fishery Conservation Zone of the Falkland Islands, or other closed fishing areas so announced by the competent authority of the Central Government.
6. Any squid jigging vessel proceeding to the Southwest Atlantic Ocean for operations shall not catch or possess penguins or other aquatic animals and plants, which have been announced as prohibited by the competent authority of the Central Government. Incidental catch of such species shall be returned immediately to the sea.
7. Any fishing vessel or transport vessel shall not carry on board penguins or other prohibited aquatic animals and plants as provided in the preceding article.
8. Any squid jigging vessel and transport vessel proceeding to the Southwest Atlantic Ocean for operations shall observe the following:

(1) Report daily vessel position and fishing conditions by telecommunication, and fill in catch logbook.
(2) Not to transship any catch from those ROC squid jigging vessels not authorized to carry out fishing operations in the Southwest Atlantic Ocean or from foreign fishing vessels.
(3) Accept scientific observers sent by the competent authority, to observe fishing operations, and offer transportation to and from the vessel for the scientific observers to conduct their mission.
(4) Separate catches of the respective fishing vessels and fill in detailed manifest at time of transshipment.
(5) Observe the provisions of the relevant fisheries agreement between the Government and other States.
(6) All other designated matters as promulgated by the competent authority of the Central Government from time to time.

9. In the event of any of the following circumstances, a squid jigging vessel or a transport vessel operating in the Southwest Atlantic Ocean shall stop operation under the order of the competent authority of the Central Government and return directly to a designated port for inspection within a designated period of time:

(1) Where the fishing vessel is detected and found having entered into a closed fishing area.
(2) Where the vessel has been alleged of being involved in catching, possessing, or transporting penguins or other prohibited aquatic animals and plants.
(3) Where the vessel has altered or concealed its identification by any means.
(4) Where the vessel has not reported its operation condition daily by telecommunication.
(5) Where the vessel has not been authorized to operate in the Southwest Atlantic Ocean.
(6) Where the vessel has denied, evaded or obstructed inspection by a patrol vessel.
(7) Any such other action alleged to be in contravention to the Regulations.

10. After a squid jigging vessel or a transport vessel has completed its operations in the Southwest Atlantic Ocean and returned to its homeport, its operator shall submit catch record, transshipment record, satellite navigation automatic record, and other required information to the South Office of the Fisheries Agency, Council of Agriculture, within twenty-four hours.
11. After a squid jigging vessel or a transport vessel has completed its operation in the Southwest Atlantic Ocean and returned to its homeport, in case it is found in possession of penguins or other prohibited aquatic animals or plants, the South Office of the Fisheries Agency, Council of Agriculture shall, accompanied by police officers, order its catches to be stored in a designated cold store under seal with issue of a cargo receipt, pending further action by the competent authority of the Central Government.
12. Anyone violates these Regulations shall be liable to criminal prosecution or penalized in accordance with the severity of the respective violation pursuant to Articles 60 to 66 of the Fisheries Act, and the following administrative actions shall be taken according to Article 10 of the Fisheries Act and Article 35 of the Regulations on the Administration of the Crew of Fishing Vessels:

(1) In violation of the provisions of Article 9 for denying, evading or obstructing inspection by patrol vessels or refusing to stop operation and return to port, the fishing license of the vessel and the professional certificate of its captain shall be revoked.
(2) In violation of the provisions of Article 2 or Article 3 for proceeding to the Southwest Atlantic Ocean for operations or carrying any squid jigging gear without authorization, the fishing license of the vessels and the professional certificate of its captain shall be withdrawn for one year.
(3) In violation of the provisions of Article 6 or Article 7 for catching, possessing or carrying penguins or other prohibited aquatic animals or plants, the fishing license of the vessel and the professional certificate of its captain shall be withdrawn for a period of not more than one year.
(4) In violation of the provisions of Article 5 for entering into the 200-mile exclusive economic zone of other States or closed areas as announced by the Government, the fishing license of the vessel and the professional certificate of its captain shall be withdrawn for a period of not more than one year. In case of severe violation, the fishing license of the vessel and the professional certificate of its captain shall be revoked.
(5) In violation of the provisions of Article 8 for modifying the specifications of the vessel after departure from port or performing any conduct affecting the identification of the vessel, the fishing license of the vessel and the professional certificate of its captain shall be withdrawn for a period of not more than one year.
(6) In violation of the provisions of Article 10 for not submitting the relevant information in time, the professional certificate of the captain shall be withdrawn for a period of not more than one year.

13. Regulations for Squid Jigging Vessels Operating in the Southwest Atlantic Ocean as promulgated by the Council of Agriculture, Executive Yuan on 12 September 1991 under Promulgation No. (80) Nun-Yu-Tzu 0040456A shall cease to be effective on the date of promulgation of these Regulations.