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Regulations

Last Update:2018-03-22
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Regulations for Tuna Longline Fishing Vessels Proceeding to the Atlantic Ocean for Fishing Operation

Legislative History
The full text of 75 articles promulgated on 20 January 2017 by the Council of Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1061332010.

Part of these Regulations amended and promulgated on 30 January 2018 by the Council of Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1061339879.


Chapter I General Principles

Article 1
These Regulations are hereby established pursuant to Article 6, paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3; and Article 24, paragraph 2 of the Act for Distant Water Fisheries (hereinafter referred to as “the Act”).

Article 2
Terms used in these Regulations are defined as follows:
(1)“Tuna longline fishing vessel” means any fishing vessel targeting highly migratory fish species such as tunas, billfishes, sharks, skipjacks, or mahi mahi with longline fishing gears.
(2)Independent third party” means any of the following institutions recognized by the competent authority:
i.For Japan:
(i)Shinken Corporation.
(ii)Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii.For areas excluding Japan: the verifying institution which obtains the accreditation for management system certification from the Taiwan Accreditation Foundation (TAF).
(3)“Carrier vessel” means the following vessels that conducts the transshipment of catches from tuna longline fishing vessel(s) to itself and transports to ports:
i.‘Carrier vessel of the Republic of China’ refers to the carrier vessel which has the fishing license of the Republic of China.
ii.‘Foreign carrier vessel’ refers to the carrier vessel, excluding container vessel, which has the valid nationality certificate of the flag State of a foreign country.

Article 3
Fishing vessels proceeding to the Atlantic Ocean to catch highly migratory species such as, tunas, billfishes, sharks, skipjack, or mahi mahi shall be limited to tuna longline fishing vessels of 100 Gross Tonnage (GT) and above. The area of the Atlantic Ocean is as shown in Appendix 1.

“Regulations for Fishing Vessels Conducting Southern Bluefin Tuna Fishery” shall also be applied to any tuna longline fishing vessel catching southern bluefin tuna.

Article 4
Tuna longling fishing vessels proceeding to the Atlantic Ocean for fishing operation are categorized, in accordance with the catch species, into the following groups and fishing areas, which are as shown in Appendix 2 and 3:
(1)Bigeye tuna group: targeting bigeye tuna. The fishing area is north of 25°S to south of 25°N.
(2)North albacore tuna group: targeting north Atlantic albacore tuna. The fishing area is north of 10°N and west of 45°W, and north of 5°N, excluding the Mediterranean Sea.
(3)South albacore tuna group: targeting south Atlantic albacore tuna. The fishing area is south of 10°S

Any tuna longline fishing vessel shall fish only within the fishing area(s) permitted by the competent authority.

Article 5
Limits on the number of tuna longline fishing vessels fishing in the Atlantic Ocean are as follows:
(1)Bigeye tuna group: the number of fishing vessels is limited to 56.
(2)North albacore tuna group: the number of fishing vessels is limited to 8.
(3)South albacore tuna group: the number of fishing vessels is limited to 30. 

Chapter II Application and Issuance of the Distant Water Fisheries Permit

Article 6
Any distant water fisheries operator intending to apply for the distant water fisheries permit(s) for his/her fishing vessel(s) to fish in the Atlantic Ocean in the following year shall fill in the application form, formats of which are as shown in Appendix 4 and 5, in accordance with types of fishing vessels and group(s) and submit it with the following documents:
(1)A copy of the valid fishing license which shall contain the International Maritime Organization (IMO) ship identification number or Lloyd’s Register (LR) number.
(2)The color photograph of the fishing vessel no older than three years. The photograph must show a stem-to-stern side view of the vessel; clearly and legibly display the vessel name and international radio call sign; be in the form of a single electronic file and have a resolution of at least 150 pixels per inch at a size of 6 by 8 inches; and be no greater than 500 kilobytes (kB) in size.
(3)The document certified by the commissioned professional institution that the automatic location communicator (ALC) on board the fishing/catching vessel can regularly and normally transmit vessel positions.
(4)The document certified by the commissioned professional institution that the electronic logbook (E-logbook) system on board the fishing vessel/catching can normally transmit catch data.
(5)The vessel tracking agreement form serving as an authorization allowing the competent authority and the international fisheries organization to track vessel positions. He who has provided such form shall be exempted from this provision.  

Article 7
Any fishing vessel that applies for the distant water fisheries permit of the bigeye tuna group for the following year shall meet any of the following conditions:
(1)It belongs to the bigeye tuna group in the current year with the competent authority’s approval.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the bigeye tuna group.

Any fishing vessel that applies for the distant water fisheries permit of the north albacore tuna group for the following year shall meet any of the following conditions:
(1)It was approved by the competent authority, before 30 November 2014, as the fishing vessel of the north albacore tuna group.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel approved by the competent authority, before 30 November 2014, as the fishing vessel of the albacore tuna group.

Any fishing vessel that applies for the distant water fisheries permit of the south albacore tuna group for the following year shall meet any of the following conditions:
(1)It belongs to the south albacore tuna group in the current year with the competent authority’s approval.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the south albacore tuna group.

Article 8
For the application of the distant water fisheries permit of the following year, the documents prescribed in Article 6 shall be submitted in accordance with the following procedures and deadline:
(1)For any distant water fisheries operator that is a member of the Taiwan Deep Sea Tuna Boat-owners and Exporters Association (hereinafter referred to as “Tuna Association”), it shall apply to the Tuna Association before October 15 of the current year, which shall compile the applications in accordance with the groups for delivery to the competent authority before October 31 of the current year.
(2)For any distant water fisheries operator that is not a member of the Tuna Association, he/she shall apply to the competent authority before October 31 of the current year.
(3)For any distant water fisheries operator of carrier vessel(s) of the Republic of China, he/she shall apply to the competent authority before October 31 of the current year.

Article 9
The distant water fisheries operator who has obtained the distant water fisheries permit of bigeye tuna group may apply to the competent authority to fish in the north albacore tuna fishing area or the south albacore tuna fishing area from April to September of the current year, notwithstanding the application procedures and deadline prescribed in Article 8.

Article 10
In the event that the number of fishing vessels obtaining the distant water fisheries permits of the north albacore tuna group does not reach the limit of the  current year, the competent authority may announce in due course to accept applications from the fishing vessel(s) which has obtained the permit of south albacore tuna group, notwithstanding the application deadline prescribed in Article 8. 

In the event that the number of applying fishing vessels as referred to in the preceding paragraph exceeds the limit, the Tuna Association shall draw lots to decide the priority in an equitable and impartial manner and deliver the list of vessel priority to the competent authority for approval. 

Article 11
In case of any of the following conditions, the distant water fisheries operator may submit the documents prescribed in Article 6 and apply for the distant water fisheries permit from the competent authority, notwithstanding the application deadline prescribed in Article 8:
(1)The distant water fisheries operator of a fishing vessel has changed;
(2)The distant water fisheries operator has obtained the fishing license for the chartered fishing vessel;
(3)The distant water fisheries operator has obtained the fishing license for the newly-built fishing vessel;
(4)The distant water fisheries operator who resumes the operation after the suspension of the operation authorized pursuant to Article 11 of the Fisheries Act has expired; 
(5)The distant water fisheries operator applies for the renewal of the expired fishing license; or
(6)The suspension of the fishing license has been executed completely.

Article 12
A certificate of distant water fisheries permit will be issued to the application of approved by the competent authority. The maximum period of validity of the permit shall be one year, and shall not exceed that of the fishing license.

The certificate of distant water fisheries permit shall record, both in Chinese and English, the following:
(1)The number of the certificate;
(2)The name, CT number, GT, length overall (LOA) and fisheries type of the fishing vessel;
(3)Name of the distant water fisheries operator;
(4)The authorized fishing Ocean, group, fishing area(s),and fishing period;
(5)The International Radio Call Sign (IRCS); and 
(6)The IMO ship identification number or LR number.
 
The distant water fisheries operator shall place onboard the fishing vessel a copy of the valid distant water fisheries permit in case of inspection.

Article 13
Any tuna fishing vessel intending to interchange the groups or fishing Oceans shall apply for the application to the competent authority.

In the event that a tuna longline fishing vessel intends to change the group or fishing Ocean with other fishing vessel, the following provisions shall be met:
(1)Distant water fisheries operators of both vessels are members of the Tuna Association;
(2)Both vessels have the valid certificates of distant water fisheries permits;
(3)The fishing vessel intending to change to the bigeye tuna group shall be equipped with ultra-low temperature devices, and its distant water fisheries operator has made a guarantee letter to assume the duty from the original fishing vessel of bigeye tuna group to pay the reimbursement of the vessel reduction program; 
(4)For any fishing vessel intending to change to the north albacore tuna group, there shall be no other vessel in the list of vessel priority to fill in the vacancy in accordance with Article 10 in the current year; and       
(5)The penalty of suspending the fishing license has been completely executed.

For any fishing vessel approved to change the group or fishing Ocean, documents shall be provided to prove the fish holds have been empted and the certificate of the distant water fisheries permit originally issued shall be returned for the issuance of the new certificate of distant water fisheries permit after the change of fishing Ocean or group.

Chapter III Fishing Vessel and Fishing Gear markings

Article 14
Fishing vessels shall be marked with vessel markings, including, at least, the Chinese and English vessel name, name of registry port, CT numbers and IRCS. The characters and the edges of characters shall maintain clear and identifiable at all times.   

Where fishing vessels are fishing or berthing at ports, the IRCS shall be displayed clearly identifiable for the sighting by other vessels from the water surface or airplanes from the air.  

Article 15 
The IRCS of a fishing vessel is its radio call sign.

Vessel markings shall be painted with marine-specific paint. Characters of the Chinese vessel name shall be block letters, and the numbers may be Arabic numerals. Characters of the English vessel name, CT numbers and the IRCS shall be capital letters and Arabic numerals. The height, width, and colors of characters shall meet the specifications as shown in Appendix 6.

Article 16
Vessel markings shall be placed in accordance with the following:
(1)The Chinese vessel name shall be placed on the port bow and the starboard bow, and the center of stern or port quarter or starboard quarter, where the vessel name is clearly visible. 
(2)The English vessel name shall be placed on the port bow and the starboard bow, and the center of stern or port quarter or starboard quarter, under the Chinese vessel name. 
(3)The CT numbers shall be placed on the port bow and the straboard bow, under the English vessel name.
(4)The IRCS shall be placed above the waterline on both sides of any fishing vessels and on a deck where the IRCS is not obscured by fishing gear(s), and shall be clear of the bow, stern, discharge or areas which might be prone to damage or discoloration. In case that the lowest edge of characters is under the waterline when the fish holds are full, the IRCS shall be placed on the fishing vessel’s superstructure.  
   
Article 17
Fishing gear(s) of any tuna longline fishing vessel shall be equipped with signal flags, radar reflector buoys or other similar devices so as to identify the position(s) and fishing area(s).

Chapter IV Fishing Gears and Methods, and Mitigation Measures for Incidental Catch 

Article 18
For any tuna longline fishing vessel navigating through the water under national jurisdiction of any foreign country, all fishing equipments on board shall be stowed and secured, and such vessel shall not conduct activities such as arrangement of fishing gears or fishing, except that it has engaged in fisheries cooperation with the foreign country concerned.

Article 19
Any tuna longline fishing vessel shall carry on board the line cutter, de-hooker and scoop/dip net, formats of which are as shown in Appendix 7, to release incidentally caught seabirds and sea turtles.

Article 20
Any tuna longline fishing vessel fishing in the Atlantic Ocean shall use the seabird mitigation measures, specifications of which are as shown in Appendix 8, in accordance with the following provisions: 
(1)Any fishing vessel fishing in the area south of 20°S to 25°S shall use tori lines during fishing, and shall carry on board at least one spare set.
(2)Any fishing vessel fishing in the area south of 25°S shall, in addition to tori lines, use weighted branch lines.

Chapter V Catch Limits or Quotas

Article 21
For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “fish species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the Act means bigeye tuna, north Atlantic albacore tuna, south Atlantic albacore tuna, north Atlantic swordfish, south Atlatic swordfish, blue marlin, white marlin, and longbill spearfish.

Article 22
The annual total catch quota (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions) of the Republic of China in the Atlantic Ocean and the quota for individual tuna longline fishing vessel shall be promulgated by the competent authority in accordance with the conservation and management measures.  

In the event that the total catch amount of the species with catch limit has reached 95% of the annual total catch quota as referred to in the preceding paragraph, the competent authority may order the whole tuna longline fishing fleet to stop catching the concerned species by a deadline.

The period for using the quota as referred to in paragraph 1 shall be from January 1 to December 31 of the current year.

The total remaining quota of the current year in the Atlantic Ocean may be arranged by the competent authority.

Article 23
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the tuna longline fishing vessel. 

For any tuna longline fishing vessel that has not obtained the distant water fisheries permit of the entire year, the quota shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole year. Notwithstanding such provision, in the event that the ownership of any tuna longline fishing vessel transfers and the quota used by the original distant water fisheries operator exceeds the percentage that the number of month(s) approved accounts for the whole year, the unused quota of such tuna longline fishing vessel in the current year shall be granted to the new distant water fisheries operator.

In case of any of the following circumstances, the competent authority shall retrieve the unused quota of the tuna longline fishing vessel concerned in the current year:
(1)Loss of a tuna longline fishing vessel.
(2)Revocation or withdrawal of the fishing license imposed by the competent authority.
(3)Revocation or withdrawal of the distant water fisheries permit imposed by the competent authority.

Article 24
The catch amount  of the fish species with catch limit for any tuna longline fishing vessel shall not exceed the quota allocated to the individual vessel for the current year. In case of excess, the annual quota of such fishing vessel for the following year shall be deducted accordingly.

In the event that the catch amount of the fish species with catch limit of any tuna longline fishing vessel has reached 90% of the individual vessel quota, the competent authority may order such vessel to stop catching the concerned species by a deadline.

Article 25
In case of any of the following conditions, the competent authority shall grant the quota of the current year in accordance with the percentage that the number of month(s) the tuna longline fishing vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the tuna longline fishing vessel which has been granted the quota; or shall deduct the quota allocated for the following year in the event that the quota is unable to be retrieved from the vessel:     
(1)The tuna longline fishing vessel is punished by the competent authority of the suspension of the fishing license for one month and above.
(2)The tuna longline fishing vessel is detained in the port by foreign government.

Article 26
For the tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 13, its individual vessel quota for the remaining period of its permit shall be the remaining quota of that other vessel, and its annual individual vessel quota of bigeye tuna shall be limited to 330 metric tons. 

Article 27
In the event that the following requirements are met, the bigeye tuna quota of a fishing vessel of the bigeye tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, be transferred to other fishing vessel(s) of the bigeye tuna group:
(1)The bigeye tuna quota of the receiving fishing vessel shall not exceed 330 metric tons after the transfer; and
(2)Both the transferring and receiving fishing vessels shall not have been imposed upon any punishment pursuant to Article 35, 36 or 40 of the Actin the current year.
(3)In case that the transferring or receiving fishing vessel has been imposed upon a fine or the suspension of the fishing license pursuant to Article 41 of the Act in the current year, such punishment has been paid or executed completely.

In the event that any fishing vessel of the bigeye tuna group has transferred accumulated 30 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for one month in the current year; for the transfer of accumulated 60 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for two months, and so forth.   

For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the starting and ending dates of the period and the berthing location shall be specified at the time when applying for the approval of transferring quota from the competent authority.

Article 28
In the event that the following requirements are met, the albacore tuna quota of a fishing vessel of the north albacore tuna group or the south albacore tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, transfer to other fishing vessel(s) of the same group:
(1)The albacore tuna quota of the receiving fishing vessel shall not exceed 550 metric tons after the transfer; and
(2)Both the transferring and receiving fishing vessels shall not have been imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in the current year. 
(3)In case that the transferring or receiving fishing vessel has been imposed upon a fine or the suspension of the fishing license pursuant to Article 41 of the Act in the current year, such punishment has been paid or executed completely.

In the event that any fishing vessel of the north or south albacore tuna group has transferred accumulated 30 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for one month in the current year; for the transfer of accumulated 60 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for two months, and so forth.   

For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the starting and ending dates of the period and the berthing location shall be specified at the time when applying for the approval of transferring quota from the competent authority.

Article 29
The competent authority may, depending on the catch amount of each species in the current year, reallocate the total remaining quota of the Atlantic Ocean. 

The re-allocated quota acquired in accordance with the preceding paragraph shall not be transferred.

Article 30
The competent authority may, after July of each year, announce the additional bigeye tuna quota that can be applied for.

For the application of the additional quota as referred to in the preceding paragraph, the fishing vessel shall be of bigeye tuna group, and have received the bigeye tuna quota from other vessel(s) or received from the competent authority the reallocated bigeye tuna quota as referred to in Article 29, and its accumulated 330 metric tons of bigeye tuna quota has been used up to 70%.

The additional bigeye tuna quota acquired in accordance with the preceding paragraph shall not be transferred.

Article 31
The competent authority may grant premium quota to the tuna longline fishing vessel which cooperates with the competent authority to carry out relevant experiments, researches or management measures.

The premium quota as referred to in the preceding paragraph shall not be transferred.

Article 32
For any fishing vessel of the bigeye tuna group  that obtains the permit to fish in the north albacore tuna fishing area or the south albacore tuna fishing area pursuant to Article 9, the competent authority shall allocate, in accordance with the number of months approved, 33.3 metric tons of north or south albacore tuna quota per month to individual vessel, and the bigeye tuna quota of such vessel shall be deducted by 10 metric tons per month which will be retrieved by the competent authority for arrangement.

Chapter VI Management of Vessel Position Reporting

Article 33
The ALC on board shall be maintained functional at all time, whether at sea or in port.

The ALC onboard any tuna longline fishing vessel or carrier vessel of the Republic of China shall automatically transmit at least one vessel position in every hour.

Fees for the services and communications of the ALC shall be borne by distant water fisheries operators. The competent authority may subsidize depending on the financial situation of the government. 

Except for the purpose of repair or replacement approved by the competent authority, any ALC which has been installed on board and has transmitted a vessel position shall not be removed from the fishing vessel.

Article 34
In case that a fishing vessel needs to stay in a domestic port for three days and above; or in a foreign port for dry docking; or in a foreign port for seven days and above, its distant water fisheries operator may apply to the competent authority with documentary proof for switching off the ALC, which may only be switched off after obtaining approval.

In the case of a fishing vessel applying for switching off the ALC during its stay in a foreign port for the purposes except for dry docking, a photograph showing the berthing of such fishing vessel shall be provided weekly. The competent authority may order to switch on the ALC concerned in case of failing to provide the photograph in due course.

The period of switching off the ALC as approved in accordance with paragraph 1 shall not exceed six months for each application. Extension may be applied by the distant water fisheries operator concerned in accordance with paragraph 1 before the period is expired.

Any fishing vessel shall not leave the port during the period of switching off the ALC.

In the event that the ALC onboard is rebooted, the fishing vessel may only leave the port after the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.

Article 35
Any fishing vessel shall carry at least one spare set of ALC on board.

In case that the identification number of ALC on board has been changed, the distant water fisheries operator shall notify the competent authority or the commissioned professional institution in writing.

Article 36
The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC four times consecutively. In the event that the ALC is signal-lost for three consecutive days, it is deemed as mal-function.

The malfunctioning ALC shall be repaired no later than 30 days.

In the event that the ALC on board is signal-lost or mal-functional, the distant water fisheries operator or the captain shall immediately send information related to vessel positions by facsimile to the commissioned professional institution. The vessel positions shall be recorded by automatic recording satellite navigator for perusal in later days. The format of the facsimile is as shown in Appendix 9.

The transmit of vessel positions as referred to in the preceding paragraph shall be every four hours for any tuna longline fishing vessel and carrier vessel of the Republic of China.

For any fishing vessel with spare set of ALC on board, it shall report to the competent authority of using the spare set during the mal-function of the ALC. In case that the spare set is also mal-functional, the spare set from other fishing vessel may be deployed after obtaining the competent authority’s approval.

Article 37
In the event that the ALC onboard is deemed as signal-lost for an accumulative period of 15 days and above during one fishing trip, the competent authority may order such fishing vessel to stop fishing immediately and directly navigate to a designated port within the required timeframe for repair and inspection(s) conducted by personnel dispatched by the competent authority, andthe vessel shall not leave the port until the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.

Any expense incurred from port return, port entry and confirmation of position transmitting as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.

Chapter VII Logbooks and Catch Reports

Article 38
In the event that any tuna longline fishing vessel leaves a port, its captain shall daily report catch data through the E-logbook system designated by the competent authority, and shall also fill in the logbooks designated by the competent authority by fishery types. Catch reports shall be filled in completely and accurately, and where the catch amount is zero, catch reports shall be filled in as well.  

In case that there is any discrepancy between any datum recorded in the E-logbook system and the logbook, the datum recorded in the E-logbook system shall prevail. Where the datum is only recorded in either the E-logbook system or the logbook, the datum as recorded therein shall prevail.  

In case that the E-logbook system fails to report catch data on the day, the distant water fisheries operator or the captain shall transmit catch data via facsimile to the competent authority or the commissioned professional institution next day. Such catch data shall be signed by the distant water fisheries operator or the captain.

In the event that the E-logbook system fails to report catch data for five consecutive days, it is deemed as mal-function. The malfunctioning E-logbook system shall be repaired no later than 30 days.

In the event that the E-logbook system onboard is deemed as mal-functional for an accumulative period of 15 days and above during one fishing trip, the competent authority may order such tuna longline fishing vessel to stop fishing immediately and directly navigate to a designated port within the required timeframe for repair and inspection(s) conducted by the personnel dispatched by the competent authority, and the vessel shall not leave the port until the commissioned professional institution has confirmed that such E-logbook system can normally transmit data.

Any expense incurred from port return, port entry and confirmation of E-logbook system as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.

Article 39
Any fishing vessel of the bigeye tuna group that catches albacore tuna or swordfish in the sea area north of 5°N shall record such catches on the E-logbook system and the logbooks as north Atlantic albacore tuna or north Atlantic swordfish. In case of catching such catches in the sea area south of 5°N, such catches shall be recorded as south Atlantic albacore tuna or south Atlantic swordfish. 

Article 40
Any tuna longline fishing vessel shall not catch southern bluefin tuna without permission, and in case of bycatch, the fishing vessel shall immediately discard such catch and record the amount of discard on the logbooks and E-logbook system.

In the event that the quota of the fish species with catch limit is exhausted, any tuna longline fishing vessel shall immediately discard any subsequent catch of such species and shall record the amount of discard on the logbooks and the E-logbook system.

Article 41
Any tuna longline fishing vessel catching the following fish species shall immediately discard into the sea and shall not retain on board. The amount of discard shall be recorded on the logbooks and the E-logbook system:
(1)Atlantic bluefin tuna;
(2)Swordfish in the entire Atlantic Ocean less than 15 kilograms, or in alternative, less than 119 centimeters lower jaw fork length (LJFL)

Article 42
In case that any tuna fishing vessel finds any sea turtle during fishing operation, such vessel shall, where practicable, bring aboard any comatose or inactive sea turtle as soon as possible, and foster its recovery and return it to the sea at once after recovery.. 

Any seabird, sea turtle, whale shark, cetacean, penguin or prohibited species promulgated by the competent authority incidentally caught by any tuna fishing vessel shall be released when caught alive or discarded dead, and the number(s) be duly recorded on the logbooks and the E-logbook system.

Article 43
Any fish species of no economic value or no utilizing value caught by any tuna fishing vessel shall be released immediately, and number(s) discarded shall be duly recorded on the logbooks and the E-logbook system.

Article 44
The E-logbook data or the logbook submitted shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.

Article 45
The complete logbooks shall be maintained on board any tuna longline fishing vessel for at least one year. 

In case that any tuna longline fishing vessel enters a port or transships its catch at sea, a copy of the logbooks shall be submitted to the competent authority for perusal in accordance with the following timeframe:
(1)For port entry: within 60 days starting from the date the fishing vessel enters the port.
(2)For transshipment at-sea: within 60 days starting from the date the carrier vessel enters the port.

Article 46
For fish species with catch limit, the discrepancy between the catch amount recorded in the E-logbook or the logbook during one fishing trip of any tuna longline fishing vessel and the actual landing amount shall not exceed:
(1)10% of the actual landing amount for bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna.
(2)25% of the actual landing amount for north Atlantic swordfish, south Atlantic swordfish or blue marlin.
(3)15% of the actual landing amount for white marlin and longbill spearfish.
(4)25% of the acutual landing amount for species not under catch limit.

In case of excess of the ratio as referred to in the preceding paragraph, whereas the following provisions are met, it is deemed that the catch amount recorded in the E-logbook or the logbook corresponds with the actual landing amount:
(1)For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, the discrepancy is less than two metric tons.
(2)For north Atlantic swordfish, south Atlantic swordfish or blue marlin, the discrepancy is less than one metric ton.
(3)For white marline and longbill spearfish, the discrepancy is less than one metric ton.
(4)For species not under catch limit, the discrepancy is less than six metric tons.

Article 47
Any of the following conditions shall be defined as “seriously misreporting” as referred to in subparagraph (12) of Article 13, paragraph 1 of the Act:
(1)For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, the discrepancy between the catch amount recorded in the E-logbook or the logbook and the actual landing amount exceeds two metric tons as well as 20% of the actual landing amount. 
(2)For north Atlantic swordfish, south Atlantic swordfish or blue marlin, the discrepancy between the catch amount recorded in the E-logbook or the logbook and the actual landing amount exceeds 1.5 metric tons as well as 20% of the actual landing amount.
(3)For white marlin and longbill spearfish, the discrepancy between the catch amount recorded in the E-logbook or the logbook and the actual landing amount exceeds 1.5 metric tons as well as 20% of the actual landing amount.  
(4)For species not under catch limit, the discrepancy between the catch amount recorded in the E-logbook or the logbook and the actual landing amount exceeds six metric tons as well as 50% of the actual landing amount. 

Chapter VIII Management of Shark Catch

Article 48
For any tuna longline fishing vessel employing freezing method to preserve its sharks catches and transporting such sharks catches to land in a domestic port, shark fins shall not be fully cut off and shall be naturally attached to the carcasses.

Article 49
In case of at-sea transshipment of shark catches, shark carcasses and fins shall be transshipped or landed concurrently in the same shipment. 

When sharks catches arrive at the first foreign port of landing, the weight of fins shall not be more than 5% of the weight of the shark catches.

Article 49-1
Tuna longline fishing vessels shall fully utilize the shark catch, which shall not be discarded except the head, guts and skins.

Chapter IX The Designation and Management of Ports for Transshipment or Landing

Article 50
Any tuna longline fishing vessel intending to conduct transshipment or landing at a domestic port or a foreign port located in the Atlantic Ocean shall be limited to the ports stipulated in Appendix 10.

Any fishing vessel with the distant water fisheries permit to fish in the Pacific or Indian Ocean applying for landing or transshipping in the ports located in the Atlantic Ocean as referred to in the preceding paragraph shall apply for the authorization from the competent authority 14 days before the fishing vessel enters into the port.

Article 51
Any carrier vessel intending to transship catches from tuna longline fishing vessel(s) shall meet any of the following requirements:
(1)It is a carrier vessel of the Republic of China and has obtained the distant water fisheries permit; or 
(2)It is a foreign carrier vessel listed on the carrier list of the International Commission for the Conservation of the Atlantic Tunas (hereinafter referred to as “ICCAT”), and has been installed with the ALC which meets the standards specified by the competent authority. At least one position in every four hours shall be sent to the commissioned professional institution.   

Article 52
Any carrier vessel of the Republic of China shall not transship with, refuel or supply any fishing vessel not listed in the authorized fishing vessel list of ICCAT, or any fishing vessel that has altered its name or registration number.

Article 53
In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catches from tuna longline fishing vessel(s) on the non-cooperative carriers list:
(1)The foreign carrier vessel has violated any provision regarding vessel position reporting; or
(2)The foreign carrier vessel has violated any provision regarding transshipment or landing.

Article 54
Any carrier vessel intending to conduct transshipment at sea shall receive an observer in accordance with the ICCAT regional observer program to conduct observation mission on board. For any carrier vessel intending to conduct transshipment in port, it shall receive the observer designated by the competent authority to conduct observation mission on board

The distant water fisheries operator whose tuna longline fishing vessel(s) conduct transshipment at sea on the Convention Area shall share the cost for the implementation of the ICCAT regional observer program.

Article 55
For any carrier vessel intending to transship at sea, the distant water fisheries operator shall submit the transshipment plan and relevant information (as shown in Appendix 11) and apply to the competent authority 15 days before the at-sea transshipment for approval. In case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday. 

Any foreign carrier vessel shall, with the enclosure of relevant information as shown in Appendix 11, apply to the competent authority for approval before conducting the transshipment in port with any tuna longline fishing vessel for the first time in the current year. 

In case of any addition to the list of the tuna longlie fishing vessel(s) in the transshipment plan approved by the competent authority, the application shall be submitted three working days before making such addition to the competent authority for approval. The transshipment with the concerned tuna longline fishing vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.

Article 56
In case of any of the following circumstances, the application of transshipment plan made in accordance with Article 55 shall be denied:
(1)The carrier vessel concerned does not meet the requirements stipulated in Article 51;
(2)Three years have not passed since the carrier vessel concerned was listed in the non-cooperative carriers list; or
(3)The fine for violating the Act imposed on the carrier vessel has not been paid completely.

Article 57
Any tuna longline fishing vessel or carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment.

Any distant water fisheries operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the Transshipment Notification and submit it to the competent authority in accordance with the following prescribed timeframe, and  the format of the Transshipment Notification is as shown in Appendix 12:
(1)For at sea transshipment: no later than three working days before the estimated date for transshipment.
(2)For in port transshipment: no later than three days before the estimated date for transshipment. In case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday. 

Fishing vessels approved by the competent authority to conduct transshipment may transship the catch on the approved date or within three days after the approved date.

For any transshipment to be conducted not within the approved period as referred to in the preceding paragraph, the distant water fisheries operator or the captain concerned shall apply for the change of transshipment date and obtain the approval from the competent authority before conducting the transshipment.

Article 58
For any tuna longline fishing vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority shall not authorize such vessel to transship at sea: 
(1)The ALC on board is mal-functional and has not been repaired.
(2)There is concrete evidence to identify such vessel has involved in any serious infringement as prescribed in subparagraph (4) to (14) or (18) of Article 13, paragraph 1 of the Act

For any tuna longline fishing vessel or carrier vessel that is under any of the following circumstances during current fishing trip, the competent authority may not authorize such vessel to transship at sea:
(1)For the catches to be transshipped, it is suspected that the vessel applying for the transshipment has operated within the water under the jurisdiction of any other country without valid authorization.
(2)The amount of bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna to be transshipped exceeds 10% of the amount reported through the E-logbook system.
(3)The amount of north Atlantic swordfish; south Atlantic swordfish; blue marlin; or white marline and longbill spearfish to be transshipped, exceeds 15% of the amount reported through the E-logbook system. 
(4)The total amount of species not under catch limit to be transshipped exceeds 25% of the amount reported through the E-logbook system.

Article 59
In the event that the catch of any tuna longline fishing vessel has been landed in a port and is subsequently transported by a carrier vessel for port departure, it shall be deemed as transshipment and Article 57 shall apply. 

Article 60
The tuna longline fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 57 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.

Article 61
For any transshipment in the Atlantic Ocean or the transshipment of any catch taken from the Atlantic Ocean conducted by a carrier vessel, the ICCAT Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the ICCAT Secretariat, with a copy to the competent authority. The format of the ICCAT Transshipment Declaration is as shown in Appendix 13.

The distant water fisheries operator or the captain of any tuna longline fishing vessel shall, within seven working days after the completion of transshipment, submit the ICCAT Transshipment Declaration to the competent authority. 

Article 62
For any tuna longline fishing vessel landing its catch in a domestic or foreign port, the following person(s) shall fill in the Advance Notice of Landing (format as shown in Appendix 14), and submit it to the competent authority for approval by the following deadline; and in case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday: 
(1)For the landing conducted by a tuna longline fishing vessel, its distant water fisheries operator or captain shall submit it no later than three days before the estimated date for landing.
(2)For the landing conducted by a tuna longline fishing vessel with the catch subsequently transported by commissioning a container vessel, the distant water fisheries operator or the captain of such tuna longline fishing vessel shall submit it no later than three days before the estimated date for landing.
(3)For the landing conducted by a carrier vessel, the distant water fisheries operator of a tuna longline fishing vessel shall submit it no later than three days before the estimated date for landing. 

Tuna longline fishing vessels approved by the competent authority to conduct landing may land the catch on the approved date or within three days after the approved date.

For any landing to be conducted not within the approved period as referred to in the preceding paragraph, the distant water fisheries operator or the captain of the tuna longline fishing vessel concerned shall apply for the change of the date for landing and obtain the approval from the competent authority before conducting the landing.

Article 62-1
For any tuna longline fishing vessel whose catch is landed at a foreign port and transported to other port by a container vessel, the distant water fisheries operator of such tuna longline vessel shall, no later than three days before the container vessel’s port entry, notify the competent authority the time of port entry and the name of the port.

Article 63
Upon the completion of landing of any tuna longline fishing vessel, the following person(s) shall fill in and submit to the competent authority the Landing Declaration, format of which is as shown in Appendix 14, by the prescribed deadline: 
(1)For the landing conducted by a tuna longline fishing vessel, its distant water fisheries operator or captain shall submit the Declaration within five working days after the completion of landing.
(2)For the landing conducted by a tuna longline fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such longline vessel shall submit the Declaration within five working days after the container(s) containing such catch unloads and completes customs clearance.
(3)For the landing conducted by a carrier vessel, the distant water fisheries operator of a tuna longline fishing vessel shall submit the Declaration within five working days after the completion of landing by the carrier vessel.

The term “completion of landing” as referred to in these Regulations means the catch landed at a port has completed its whole weighing process.

Article 64
For any tuna longline fishing vessel that lands or transships at foreign ports, permission documents for landing or transshipment issued from the port State concerned shall be enclosed when submitting landing declaration(s) or transshipment declaration(s). 

In the event that the port State concerned doesn’t have regulations which provide that permission documents shall be applied for landing or transshipment, documents proving the whereabouts of catches and containing the information on species and catch amount such as the bill of landing, certificate of storage, invoice and details of trade deal shall be submitted.   

Article 65
The distant water fisheries operator and captain of any fishing vessel shall accept port inspections conducted by the competent authority or the independent third party for verification of the catch landed or transshipped.

The distant water fisheries operator or captain of any fishing vessel that is designated by the competent authority to be inspected shall comply with the following:
(1)For inspections conducted by the competent authority, the landing or transshipment shall be started only after the person(s) of the competent authority has arrived.
(2)For inspections conducted by the independent third party, the application and contact with the independent third party shall be made, and relevant fees for inspections shall be paid before the landing and transshipment, which shall only be started only after the person(s) of the independent third party has arrived.

The fees incurred from any inspection on catches conducted by the independent third party at the foreign ports shall be borne by the distant water fisheries operator of the vessel being inspected.

Article 66
The distant water fisheries operator of any tuna longline fishing vessel shall, within 60 days after the completion of landing, submit sales or inventory information to the competent authority. The sales information shall at least include buyer(s), fish species and quantities.

Chapter X Observation and Inspection during Fishing Operations

Article 67
The distant water fisheries operator of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1)He/she shall notify the competent authority in writing seven working days before the date of intended port entry or departure.
(2)To embark and disembark the observer at the time and place informed by the competent authority.
(3)To provide the observer, while onboard the vessel, with food, accommodation, adequate sanitary amenities, and medical facilities of a reasonable standard equivalent to those normally available to an officer onboard the vessel.
(4)To instruct the captain and crew of the fishing vessel matters related to the cooperation with or assisting the observer in carrying out the duties.

Article 68
The captain of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1)The captain shall attend the pre-sail training course given by the competent authority.
(2)When an observer is on board the fishing vessel, the captain shall inform the observer of the daily routine, personal safety and vessel equipment.
(3)The captain shall cooperate with and assist the observer in carrying out duties, and shall not evade, obstruct or refuse to answer the inquiry related to the observation mission.
(4)The captain shall not interfere with, assault, intimidate, or bribe the observer.
(5)The captain shall provide the observer with adequate space, facilities, equipment and information on the vessel necessary for his daily living and for carrying out his/her duties.
(6)The captain shall request the crew to comply with the provision stipulated in the preceding 3 subparagraphs.
(7)The captain shall sign on the record(s) written by the observer. In case there are different views on the record(s) of the observer, captain’s opinions may be added.
(8)The captain shall ensure the safety of the observer. In case of emergency or distress, special care and refuge shall be provided to the observer.

Article 69
In the event of boarding and inspection conducted by the inspector(s) dispatched by the competent authority, any captain and crew of the inspected vessel shall cooperate with, facilitate the safe boarding and disembarkation of the inspector(s), and provide the inspector(s) with adequate space, facilities and equipment for carrying out the duties.

Chapter XI Special Management Measures for High Risk Fishing Vessels

Article 70
Matters related to the management of high risk fishing vessels categorized by the competent authority shall be governed by this Chapter. Matters not stipulated in this Chapter shall be governed by these Regulations.

Article 71
Any distant water fisheries operator of the high risk fishing vessels shall, starting from the date that the competent authority informs the distant water fisheries operator of such vessel, comply with the special management measures as follows:
(1)Any high risk fishing vessel shall not engage in fisheries cooperation by means of being chartered to any foreigner. 
(2)For each fishing trip of such vessel, the observer dispatched by the competent authority shall be carried on board, or the functional electronic monitoring equipment shall be installed on board before leaving a port. For such vessel that has carried on board the observer who meets the requirement of the international fisheries organization(s), it shall be exempted.
(3)Vessel positions shall be transmitted in accordance with Chapter VI.
(4)Catch reports shall be conducted in accordance with provisions stipulated in Chapter VII.
(5)Such vessel shall not conduct at-sea transshipment.
(6)For transshipment in port, the Transshipment Notification shall be filled in to apply for the approval of the competent authority, no later than seven days before the estimated date for transshipment.
(7)For landing in port, the Advance Notice of Landing shall be filled in to apply for the approval of the competent authority, no later than seven days before the estimated date for landing.
(8)In case of transshipment or landing in port, inspections shall be conducted by the competent authority or the independent third party.

Article 72
In the event that any high risk fishing vessel does not violate any regulation for one year starting from the date of being listed as high risk fishing vessel, such vessel shall be de-listed and exempted from the special management measures.

Article 72-1
For the purpose of these Regulations, the catch amount is the unprocessed round weight.

The conversion factors between the weights of processed fish and round fish are as shown in Appendix 15.

Chapter XII Supplemental Provisions

Article 73
Any tuna longline fishing vessel shall not fish within one nautical mile off a data buoy, or take on board, possess or cause damage to the data buoy. 

In case that the fishing gear becomes entangled with the data buoy, the entangled fishing gear shall be removed with as little damage to the data buoy as possible.

In case of finding any data buoy that is damaged or non-functional, the captain shall report to the competent authority the date, location, and the identifying information on the data buoy.

Article 74
To prevent harming marine living species, any fishing vessel shall not dispose any type of plastic trash or discharge any oil on the sea.

Article 75
These Regulations shall become effective on January 20, 2017.

Amendments to these Regulations shall become effective on the date of promulgation.

 
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