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Regulations on Time Limit of Fishing Operations at Sea for Fishing Vessels over Twenty Gross Tons and the Minimum Requirement of Complement of Crewmembers on Board

 Proclaimed in accordance with Council of Agriculture Proclamation dated 6 January 2000 No. (89) Nun-Yu-Tzu 88675498, and retroacted as from 1 July 1999.

Article 3 of the Regulations was amended on 13 February 2004 in accordance with Council of Agriculture Order Nun-Sho-Yu-Tzu No. 0931320173.

The Regulations are made pursuant to Article 54, Paragraph 5 of the Fisheries Act.

• Proclamation:
• 1. Time limit of fishing operations at sea and the minimum requirement of the complement of crewmembers on board for fishing vessels over 20 GRT, shall be based on the criteria as shown in the following table:

Time limit of fishing operations at sea and the minimum requirement of the complement of crewmembers on board for fishing vessels over 20 GRT, shall be based on the criteria as shown in the following table

Tonnage Category		Time Limit of Fishing Operations	Minimum Requirement of the Complement of Crewmembers (including Officers)
Category	Tonnage	Days	Persons per Fishing vessel	Persons per Fish Transport Vessel
A	Over 1000 Tons	240	10	8
B	500-1000	240	8	7
C	300-500	240	6	6
	200-300	240	5	5
D	100-200	230	4	4
	80-100	225	3
	50-80	180	3
	20-50	180	2

 

• 2. The minimum requirement of officers in the complement of the crewmembers shall be consistent with Article 17 of the Regulations on the Administration of the Crew of Fishing Vessels, and they shall be limited to those holding the nationality of the Republic of China.
• 3. Nationals of the Republic of China shall be employed as ordinary fish workers in the complement of the crewmembers. Provided that fishing vessels and fish transport vessels between 100 GRT and 500 GRT may employ in accordance with the applicable law, one foreign fish worker holding foreign fishermen’s certificate of the Republic of China (hereinafter referred to as "foreign fish worker") as a substitute; fishing vessels over 500 GRT may employ 2 foreign fish workers as substitutes; fish transport vessels between 500 GRT and 1000 GRT may employ two foreign fish workers as substitutes; fish transport vessels over 1000 GRT may employ one foreign fish worker as a substitute; and foreign fish workers may be employed as ordinary crewmembers above the required complement. When there is a shortage of domestic fisheries labor and in order to meet the need of fishing operations, the competent authority of the Central Government may agree to introduce foreign or mainland Chinese crewmembers to substitute local crews, without subjecting to the restriction of the complement of the crewmembers as stipulated in the preceding subparagraph.
• 4. Fishing vessels between 50 GRT and 100 GRT which have been permitted to operate out of foreign ports as fishing bases or to participate fisheries cooperation with foreign countries, may depart from port with the minimum of two crew members.
• 5. Recreational fisheries vessels between 20 GRT and 50 GRT shall have a minimum of three crewmembers.
• 6. The maximum crewmembers for fishing vessels shall not exceed the complement as prescribed on fishing licenses.
• 7. Application of time limit for fishing operations out of foreign ports as fishing bases or fishing operations under foreign fisheries cooperation shall be made in accordance with the Regulations on the Administration of Fishing Vessels and Crew in Foreign Fishing Bases or the Regulations on Fishing Operations under Foreign Fisheries Cooperation.
• 8. To meet the need of fishing operation, fishing vessels may apply for an extension of the time limit for fishing operations for a period not more than one third of the original time limit prior to the completion of this operation. Such extension may only be approved after the captain has registered to the fisheries broadcasting station of the fishermen's association where he belongs.
• 9. Before tuna purse seine fishing vessels and fish transport vessels set off for fishing operations, they shall apply for permission to operate in foreign fishing bases.
• 10. The Kaohsiung City Government and the Fujian Provincial Government may, in accordance with its competence, stipulate criteria on the time limit for fishing operations and the minimum requirement of the complement of crewmembers for fishing vessels between 20 GRT and 100 GRT under their jurisdictions. For those fishing vessels less than 20 GRT, the governments of the relevant municipalities, prefectures and townships may stipulate their own criteria within their competence.
• 11. "Table on time limit for fishing operations and the minimum requirement of the complement of crewmembers for fishing vessels more than 100 GRT in Taiwan Area" as proclaimed on 15 June 1995 under Proclamation No. 84 Nun-Yu-Tzu 4040462A and "The total number of crews from mainland China and foreign countries approved to employ not to exceed the number of local crewmembers on the same vessel" as proclaimed by the Council of Agriculture on 27 January 1993 under Proclamation No 82 Nun-Yu-Tzu 2040029A shall be terminated as retroactive from 1 July 1999.