Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels

Act

Legislative History

The full text of 19 Articles promulgated on December 17, 2008 by Presidential Order Hua-Tsung (1) Yi-Tzu No. 09700271591.

The full text of 13 Articles amended and promulgated on July 20, 2016 by Presidential Order Hua-Tsung (1) Yi-Tzu No. 10500079291.

(The amended articles will become effective on January 20, 2017.)

Article 1
This Ordinance is enacted to regulate nationals who engage in the business of fishery by investing in or operating foreign flag vessels, for the purpose of conserving marine living resources, whereby contributing to good governance of international fisheries.

Article 2
In this Ordinance, the term “competent authority” means the Council of Agriculture of the Executive Yuan.

Article 3
For the purposes of this Ordinance:
1.“sea areas beyond national jurisdiction” means sea areas beyond the territorial sea and the exclusive economic zone of Taiwan;
2.“investment in the business of fishery” means using of capital funding, fishing equipments or facilities and rights of a certain amount or equity, solely or jointly in the operation of the business of fishery;
3.“engagement in the business of fishery” means engagement in the business of fishing by fishing vessels, trading, transporting and import and export of fishery products;
4.“conducting the business of fishery” means the operations of fishing vessels to fish, trading, transport and import and export of fishery products ;
5.“fishery operator” means the person who engages in fishing activities in accordance with Article 4 paragraph 1 of the Fisheries Act.
6.“fish laundering” means activities that constitute any of the following:
(1) selling or transacting in, under the name of a national vessel, fish or fish products of species regulated by international fisheries organizations that are captured or harvested by foreign flag vessels;
(2) selling or transacting in, under the name of a foreign flag vessel that is invested or operated by a Taiwan national, fish or fish products of species regulated by international fisheries organizations that are captured or harvested by any other vessels;
7.“interested party” means a person who holds or maintains information relating to the catch amount, fishing periods, fishing gears, fishing methods and investment and operation of the fishing vessels allegedly to be in violation of the
provisions of this Ordinance.
The amount or sharing as referred to in sub- paragraph 2 above shall be accordingly publicized by the competent authority.

Article 4
No national of Taiwan is permitted to engage in the business of fishery in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels, without prior authorization of the competent authority.
The conditions, application procedures, review procedures of the authorization referred to in the above paragraph, and the circumstances under which the authorization shall be revoked or withdrawn, together with other rules of its implementation, shall be prescribed by the competent authority.

Article 5
A person who obtains authorization in accordance with Article 4 shall make regular reports of the data relating to the fishing operation to the competent authority.
The time, types, content, manner and other matters related to the reporting in the above paragraph shall be prescribed by the competent authority.

Article 6
A Taiwan national who engages in fishing in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels shall comply with the regulations established by the competent authority, taking into account the conservation measures adopted by international fisheries organizations.
The regulations referred to in the above paragraph may include management measures relating to authorization to fish, permitted fishing areas, fishing periods, vessel position reporting, fishing gears, fishing methods, catch quota and other compliance measures.

Article 7
In investigating cases involving alleged violation of the provisions of this Ordinance, the competent authority may request the interested party to submit reports on catch amount, fishing period, fishing gears and fishing methods.
If deems necessary, the competent authority may designate officers to visit the interested party, interested organizations or institutions and conduct an investigation. The officers may also request provision or handing over of information relating to the investment and operation of foreign flag fishing vessels in question.
In case of urgency in conducting the investigation provided for in paragraphs 1 and 2 above, the competent authority may designate officers to the relevant sites to conduct inspection, and question the interested party.
In carrying out investigation and inspection provided for in paragraphs 1 to 3 above, the designated officers shall produce documents evidencing their authorization, or such badge that may show their identification.
The interested party, organizations and institutions concerned shall not evade, obstruct, or refuse the investigation, inspection, request for submission of reports and for provision or handing over of information provided in paragraphs 1 to 3 above.

Article 8
Any Taiwan national who commits fish laundering shall be liable to imprisonment for a period of no less than six (6) months but not exceeding three (3) years, and may be liable to an additional fine of not exceeding thirty million New Taiwan Dollars.

Article 9
Any Taiwan national who engages in fishing in sea areas beyond national jurisdiction without authorization and violates regulations stipulated by the competent authority in accordance with Article 6 relating to management measures on authorization to fish, fishing areas, fishing periods, vessel position reporting, fishing gears, fishing methods, or catch quota, is liable to imprisonment for a period of not exceeding three (3) years, and may be liable to an additional fine of not exceeding ten million New Taiwan Dollars.
The representative of a legal person or the agent of a legal or natural person who commits offences provided in Article 8 or Article 9 paragraph 1 shall be liable to punishment in accordance with the aforesaid provisions. In addition, the legal person or natural person in question shall be liable to fines provided in this Article and the preceding Article.

Article 10
A national of Taiwan who commits offences provided in Article 8 or Article 9 shall be punished in accordance with this Ordinance, irrespective of whether her/his act is punishable under the law of the country where the offences are committed. Notwithstanding this, in the case that the punishment has already been executed in whole or in part in the foreign country, the punishment due in accordance with this Ordinance may be waived in whole or in part.

Article 11
Where a Taiwan national commits offences provided in Article 8 or Article 9, the vehicles and instruments she/he used in committing the offences and the benefit accrued from the commission of the offences shall be confiscated. In the event that the above items cannot, in whole or in part, be confiscated, the value thereof shall be indemnified either by demanding a payment from the offender or by redeeming such value against the property of the offender.

Article 12
Any Taiwan national who has been authorized to engage in fishing in sea areas beyond national jurisdiction, violates regulations stipulated by the competent authority in accordance with Article 6 relating to management measures on authorization to fish, fishing areas, fishing periods, vessel position reporting, fishing gears, fishing methods, or catch quota, shall be liable to a fine of no less than two million but not exceeding ten million New Taiwan Dollars.

Article 13
Any Taiwan national who commits fish laundering and at the same time invests in or operates fishing vessels under the flag of Taiwan, may be subject to deduction of catch quota from those allocated to the national vessels in question at a level equivalent to the value of the laundered fish.
The competent authority may order the national vessels referred to in the above paragraph to return to a domestic port within a certain time limit, and may have the fishing licenses of the vessels revoked.
In the event that the vessel referred to in the preceding paragraphs fails to return to the designated port, the fishery operator and the master of the vessel are respectively liable to a fine of no less than half a million but not exceeding two and a half million New Taiwan Dollars, subject to consecutive imposition.
Any fishing vessel which is ordered to return to a designated port in accordance with paragraph 2 above shall be prohibited from leaving the designated port without permission from the competent authority.

Article 14
Any Taiwan national who engages in investment in or operation of a foreign flag fishing vessel in sea areas beyond national jurisdiction without obtaining authorization in accordance with Article 4 is liable to a fine of no less than three hundred thousand but not exceeding one and a half million New Taiwan Dollars. The competent authority may order him/her to rectify the situation within a certain time limit, and in the event that the situation is not rectified, consecutive punishment may be imposed on repeated infringement.

Article 15
A fishery operator who fails to file reports in accordance with Article 5, or filing false reports, is liable to a fine of no less than two hundred thousand but not exceeding one million New Taiwan Dollars. The competent authority may order the operator to rectify the situation within a certain time limit, and in the event that the situation is not rectified, the competent authority may revoke the authorization to engage in such fishing activities.

Article 16
A person who violates Article 7 paragraph 5 is liable to a fine of no less than sixty thousand but not exceeding three hundred thousand New Taiwan Dollars. The competent authority may again order her/him to submit, provide, or hand over the required information. In the event of repeated offences, consecutive punishment may be imposed.

Article 17
When a foreign flag fishing vessel that is alleged to have involved in fish laundering activities, voluntarily enters into a port in Taiwan, it shall be prohibited from leaving the port without permission from the competent authority.

Article 18
A Taiwan national who invests in or operates foreign flag fishing vessels prior to the promulgation of this Ordinance shall apply to the competent authority no later than ninety days after the promulgation of the regulations in accordance with Article 4 paragraph 2, for authorization, by providing information about the fisheries operation of the vessels.
The competent authority shall notify the applicant its decision in writing.
A Taiwan national who fails to make an application for authorization within the time limit as stipulated in paragraph 1, or who continues engagement in fishing in sea areas beyond national jurisdiction after her/his application is rejected, is subject to punishment in accordance with Article 14.

Article 19
This Ordinance shall come into force upon promulgation.

Amended Articles (The amended articles will become effective on January 20, 2017.)

Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels

Article 1

This Act is enacted to regulate persons with the nationality of the Republic of China who engage in the business of fishery by investing in or operating foreign flag vessels, for the purpose of conserving marine fisheries resources, whereby contributing to good governance of international fisheries.

Article 2

The competent authority of this Act shall be the Council of Agriculture, Executive Yuan.

Article 3 Definitions

Terms used in this Act shall be defined as follows:

(1) “sea areas beyond national jurisdiction” means sea areas beyond the territorial sea and the exclusive economic zone of the Republic of China;

(2) “investment in the business of fishery” means using of capital funding, fishing equipments or facilities and rights of a certain amount or equity, solely or jointly in the operation of the business of fishery;

(3) “operation of the business of fishery” means operating, with fishing vessel(s) of one’s own or by lease, the business of fishing, trading, transporting, import and export of catches or fisheries products;

(4) “conducting the business of fishery” means the conducting, with fishing vessels of one’s own or by lease, activities of fishing, trading, transporting, import and export of catches or fisheries products;

(5) “fish laundering” means activities that constitute any of the following:

i. selling or transacting in, under the name of a national fishing vessel, catches or fisheries products of species regulated by international fisheries organizations and caught by foreign flag fishing vessels;

ii. selling or transacting in, under the name of a foreign flag fishing vessel that is invested or operated by a person with the nationality of the Republic of China, catches or fisheries products of species regulated by international fisheries organizations and caught by any other fishing vessels;

(1)

(2)

(3)

(4)

(5)

(6) “interested party” means a person who holds or maintains information relating to the catch amount, fishing periods, fishing gears, fishing methods, investment and operation of the fishing vessels.

The amount or sharing as referred to in subparagraph (2) of the preceding paragraph shall be accordingly publicized by the competent authority.

Article 4

No person with the nationality of the Republic of China is permitted to conduct the business of fishery in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels, without prior authorization of the competent authority.

In case of any of the following circumstances, the conduct of the business of fishery by investing in or operating the foreign flag fishing vessel concerned shall not be authorized, and the competent authority shall revoke the authorization that has already been granted

(1) The flag State of the foreign flag fishing vessel concerned is incapable of controlling and managing its fishing vessels;

(2) The flag State of the foreign flag fishing vessel is listed on the IUU fishing non-cooperating countries list or is subject to a letter of identification for more than 2 years by other countries, international fisheries organizations, or other economic integrated organizations;

(3) The fishery type and fishing area of the foreign flag fishing vessel concerned are under the management of the international fisheries organization and the flag State of the foreign flag fishing vessel concerned is not a party or cooperating non-party to that international fisheries organization;

(4) The foreign flag fishing vessel concerned is listed on the IUU fishing vessel list(s) of the international fisheries organization(s).

Conditions for authorization, application procedures, review, conditions for revocation of the authorization as referred to in paragraph 1, and other requirements, shall be prescribed by the competent authority.

Article 5

A person who obtains the authorization in accordance with Article 4 shall make regular reports of the data relating to the fishing operation to the competent authority.

The period, types, content, manner and other matters related to the reporting in the above paragraph shall be prescribed by the competent authority.

Article 6

A person with the nationality of the Republic of China who conducts the business of fishery in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels shall comply with the regulations prescribed by the competent authority, taking into account the conservation measures adopted by international fisheries organizations, and relevant regulations on fishing prescribed by the flag or coastal State.

The regulations referred to in the preceding paragraph include management measures relating to authorization to fish, permitted fishing areas, fishing periods, vessel position reporting, fishing gears, fishing methods, catch quota and other requirements.

Article 7

For the fisheries management, the competent authority may request the interested party to submit reports on catch amount, fishing period, fishing gears and fishing methods.

If deems necessary, the competent authority may designate officers to visit the interested party, interested organizations or institutions and conduct an investigation. The officers may also request provision of or handing over information relating to the investment and operation of foreign flag fishing vessels in question.

In case of urgency in provision of report or conducting the investigation provided for in paragraph 1 and 2 above, the competent authority may designate officers to the relevant sites to conduct inspection, and question the interested party.

In carrying out investigation or inspection provided for in paragraph 1 to 3 above, the designated officers shall present documents evidencing their authorization, or such badge that may show their identification.

The interested party, organizations and institutions concerned shall not evade, obstruct, or refuse the investigation, inspection, or request for submission of reports and for provision or handing over of information provided in paragraph 1 to 3 above.

Article 8

(1) Investment in or operation of fishing vessel(s) referred to in Article 4, paragraph 2;

(2) Fishing without permission from the flag State;

(3) Conducting transshipment at-sea, in-port or landing in-port without the authorization of the flag State;

(4) Fishing in waters under national jurisdictions of coastal State(s) without the authorization from coastal State(s);

(5) Falsifying, altering or concealing vessel name, names of registry port, or international radio call sign;

(6) Not insatalling on board vessel monitoring system (VMS) pursuant to the regulations of the flag State(s), intentionally causing the VMS to misreport vessels positions, or rendering VMS non-functional when fishing;

(7) Continuing catching species with catch limit when the total catch of such species of the fishing vessel has exceeded the catch limit allowed by the flag State;

(8) Fishing in prohibited fishing areas or periods established by the international fisheries organizations;

(9) Using fishing gears prohibited by the international fisheries organizations;

(10) Fishing for, retaining, transshipping, landing or selling species prohibited by the international fisheries organizations;

(11) Not submitting or filling in logbooks or catch reports , in violation of the regulations of the flag States, or misreporting logbooks or catch reports;

(12) Failing to file reports in accordance with Article 5, or filing false reports;

(13) Refusing, evading, or obstructing any observer dispatched by the flag States or international fisheries organizations for carrying out his/her observing duties;

(14) Refusing, evading, or obstructing the investigation conducted by the competent authority pursuant to Article 7, paragraph 2, or the inspection conducted by the competent authority pursuant to Article 7, paragraph 3;

(15) Concealing, altering, or destroying evidence related to violation of this Act;

(16) Providing catch certificate documents of a fishing vessel for the use of other fishing vessel(s), or using catch certificate documents of other fishing vessel(s) for selling catches caught by itself;

(17) Falsification or alteration of catch certificate documents, using catch certificate documents not issued to the catch concerned, or intentionally using catch certificate documents that are falsified or altered to sell catches or fisheries products;

(18) Participating in joint fishing with, transshipping with or supplying any fishing vessel listed on the IUU fishing vessel lists of the international fisheries organizations or stateless vessel.

The prohibited fishing periods and areas referred to in subparagraph (8), the prohibited fishing gears referred to in subparagraph (9), the prohibited species referred to in subparagraph (10) and the IUU fishing vessel lists referred to in subparagraph (18) of the preceding paragraph shall be promulgated by the competent authority.

Article 9

Any person with the nationality of the Republic of China that invests in or operate foreign flag fishing vessels and commits fish laundering shall be liable to imprisonment for a period between six (6) months and three (3) years, and may be liable to an additional criminal fine between six (6) million and thirty (30) million New Taiwan Dollars.

In case that the representative of the legal person, or agent of the legal or natural person commits the violations stipulated in the preceding paragraph, in addition to punishing the offender(s), a criminal fine as referred to in the preceding paragraph shall also be imposed upon the legal or natural person concerned.

A person with the nationality of the Republic of China who commits offences provided in paragraph 1 outside the territories of the Republic of China shall be punished in accordance with this Act, irrespective of whether her/his act is punishable under the law of the country where the offences are committed.

A person with the nationality of the Republic of China who invests in or operate foreign flag fishing vessels and commits offences provided in paragraph 1 shall be revoked the authorization to invest in or operate foreign flag fishing vessels by the competent authority.

Article 10

Any person with the nationality of the Republic of China that violates Article 8, paragraph 1 shall be punished in accordance with the following provisions, and the competent authority may revoke his/her authorization to invest in or operate foreign flag fishing vessels:

(1) For fishing vessel 500 Gross Tonnage (GT) and above: a fine between 6 million and 30 million New Taiwan Dollars.

(2) For fishing vessel 100 GT and above, and less than 500 GT: a fine between 4 million and 20 million New Taiwan Dollars.

(3) For fishing vessel less than 100 GT: a fine between 2 million and 10 million New Taiwan Dollars.

In case that the value of catches or fisheries products concerned exceeds the fine imposed pursuant to the provisions stipulated in the preceding paragraph, the amount of the fine for up to 5 times of the value of such catches or fisheries products shall be imposed.

Any person with the nationality of the Republic of China who has committed the same provision of the serious infringements as stipulated in Article 8, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 8, paragraph1 for 3 times within 3 years shall be punished in accordance with the following provisions, and the competent authority shall revoke his/her authorization to invest in or operate foreign flag fishing vessels:

(1) For fishing vessel 500 GT and above: a fine between 9 million and 45 million New Taiwan Dollars.

(2) For fishing vessel 100 GT and above, and less than 500 GT: a fine between 6 million and 30 million New Taiwan Dollars.

(3) For fishing vessel less than 100 GT: a fine between 3 million and 15 million New Taiwan Dollars.

In case that the value of catches or fisheries products concerned exceeds the fine imposed pursuant to the provisions stipulated in the preceding paragraph, the amount of the fine for up to 8 times of the value of such catches or fisheries products shall be imposed.

The value of catches or fisheries products as referred to in paragraph 2 and 4 shall be calculated based on the average prices of such catches or fisheries products in domestic fish market in the preceding 3 years.

Article 11

Any person with the nationality of the Republic of China that conducts the business of fishery in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels and commits any of the following violations shall be imposed upon a fine between two (2) million and ten (10) million New Taiwan Dollars, and consecutive punishment may be imposed for repeated violations:

(1) Failing to obtain the authorization to conduct the business of fishery in sea areas beyond national jurisdiction by investing in or operating foreign flag fishing vessels pursuant to Article 4, paragraph 1;

(2) Failing to comply with relevant regulations on fishing stipulated by the flag or coastal State, in violation of Article 6, paragraph 1; or failing to comply with the regulations regarding authorization to fish, permitted fishing areas, fishing periods, vessel position reporting, fishing gears, fishing methods or catch quota, except for those regarding the serious infringements, stipulated by the competent authority pursuant to Article 6, paragraph 2;

(3) Refusing, evading, or obstructing to submit reports requested by the competent authority pursuant to Article 7, paragraph 1.

Article 12

Any person with the nationality of the Republic of China that invests in or operate foreign fishing vessels and commits fish laundering and at the same time invests in or operates fishing vessels under the flag of the Republic of China may be subject to deduction of catch quota from those allocated to the national vessels in question at a level equivalent to the value of the laundered fish.

Article 13

This Act shall come into force 6 months after its promulgation.

Top