No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:30
:::

Chapter Law Content

Title: Regulations for Tuna Longline or Purse Seine Fishing Vessels Proceeding to the Pacific Ocean for Fishing Operation CH
Category: Ministry of Agriculture(農業部)
Attachment:
Chapter I General Principles
Article 1
These Regulations are 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) “Tuna purse seine fishing vessel” means any fishing vessel targeting tunas and skipjacks with purse seine fishing gears.
(3) “Catching vessel” means tuna longline fishing vessel and tuna purse seine fishing vessel collectively.
(4) The Area of “The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (hereinafter referred to as ‘WCPFC Convention Area’)” means the waters of the Pacific Ocean bounded to the south and to the east by the following line: from the south coast of Australia due south along the 141°meridian of east longitude to its intersection with the 55° parallel of south latitude; thence due east along the 55° parallel of south latitude to its intersection with the 150° meridian of east longitude; thence due south along the 150° meridian of east longitude to its intersection with the 60° parallel of south latitude; thence due east along the 60° parallel of south latitude to its intersection with the 130° meridian of west longitude; thence due north along the 130° meridian of west longitude to its intersection with the 4° parallel of south latitude; thence due west along the 4° parallel of south latitude to its intersection with the 150° meridian of west longitude; thence due north along the 150° meridian of west longitude. The WCPFC Convention Area is as shown in Appendix 1.
(5) The Area of “The Convention for the Establishment of an Inter-American Tropical Tuna Commission” and “The Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (hereinafter referred to as ‘IATTC Convention Area’)” means the waters of the Pacific Ocean bounded by the coastline of North, Central, and South America and by the following lines: the 50°N parallel from the coast of North America to its intersection with the 150°W meridian; the 150°W meridian to its intersection with the 50°S parallel; and the 50°S parallel to its intersection with the coast of South America. The IATTC Convention Area is as shown in Appendix 2.
(6) “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).
(7) “Carrier vessel” means the following vessels that conducts the transshipment of catches from catching vessels 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.
iii. ‘Part-time carrier vessel’ refers to the tuna longline fishing vessel which conducts part time the transshipment of catches.
Article 3
Types of fishing vessels proceeding to the Pacific Ocean for fishing operation are categorized as tuna longline fishing vessels, tuna purse seine fishing vessels, and carriers of the Republic of China.
Article 4
Fishing vessels proceeding to the Pacific Ocean to catch tunas, billfishes, sharks, skipjacks, or mahi mahi shall be limited to tuna longline fishing vessels of 20 Gross Tonnage (GT) and above or tuna purse seine fishing vessels.
“Regulations on the Management of Catching Pacific Bluefin Tuna” or “Regulations for Fishing Vessels Conducting Southern Bluefin Tuna Fishery” shall also be applied to any tuna longline fishing vessel catching Pacific bluefin tuna or southern bluefin tuna.
Article 5
Tuna longling fishing vessels proceeding to the Pacific Ocean for fishing operation are categorized, in accordance with the catch species and operation patterns, into the following groups:
(1) Large scale longliners:
i. Bigeye tuna group: bigeye tuna as the target species.
ii. Albacore tuna group: albacore tuna as the target species.
(2) Small scale longliners:
i. Frozen yellowfin tuna group: a fishing vessel with freezing equipment which has more individual vessel quota of bigeye tuna than a fishing vessel of the general group.
ii. Seasonal sharks group: fishing vessels targeting sharks during certain seasons and whose individual vessel quota of bigeye tuna is less than fishing vessels of general group.
iii. General group: no specific target species.
Fishing areas in the Pacific Ocean for large scale longliners are divided as follows, and are as shown in Appendix 3 and 4:
(1) Bigeye tuna fishing area: the area west of 150°W and between 15°S to 20°N; and the area between 130°W to 150°W and 20°S to 25°N.
(2) North bigeye tuna fishing area: the area between 130°W to 150°W and 25°N to 40°N.
(3) East bigeye tuna fishing area: the area east of 130°W and between 20°S to 20°N
(4) Albacore tuna fishing area: the area between the west of 130°W and the south of 10°S; and the area between the east of 130°W and the south of 15°S.
(5) North albacore tuna fishing area: the area between the west of 130°W and the north of 10°N; and the area between the east of 130°W and the north of 15°N.
Fishing areas in the Pacific Ocean for small scale longliners are divided as follows and are as shown in Appendix 5:
(1) Western and central Pacific fishing area: the area west of 150°W and north of 20°S.
(2) Eastern Pacific fishing area: the area between 130°W to 150°W and the south of 5°S and the north of 10°N; the area between the east of 130°W and the south of 15°S and the north of 10°N
(3) Eastern Pacific swordfish fishing area: the area between 130°W to 150°W and 5°S to 10°N.
(4) Southern Pacific fishing area: the area west of 150°W and south of 20°S.
The fishing area for tuna purse seine fishing vessels fishing in the Pacific Ocean shall be limited to the area west of 150°W, and such vessels shall not fish on the high seas north of 20°N or south of 20°S.
Catching vessels shall fish only within the fishing area(s) permitted by the competent authority.
Article 6
(Deleted)
Article 7
Limits on the number of catching vessels fishing in the Pacific Ocean are as follows:
(1) For large scale longliners:
i. Bigeye tuna group: the number of fishing vessels is limited to 50, among which the number of fishing vessels fishing in the east bigeye tuna fishing area shall be promulgated by the competent authority.
ii. Albacore tuna group: the number of fishing vessels is limited to 51, among which the maximum number of fishing vessels fishing in the north albacore tuna fishing area is limited to 25.
(2) For small scale longliners:
i. Frozen yellowfin tuna group: the number is limited to 50.
ii. General group or seasonal sharks group: the total number of fishing vessels is limited to 550, among which the maximum number of fishing vessels of the seasonal sharks group is 170, and 150 since 2025. However, the number of fishing vessels fishing in the eastern Pacific fishing area and in the eastern Pacific swordfish fishing area shall be promulgated by the competent authority.
iii. The number of small-scale longliners fishing in the southern Pacific fishing area shall be promulgated by the competent authority.
(3) The number of tuna purse seine fishing vessels is limited to 34.
Article 7-1
The maximum duration for any catching vessel to stay at sea is as follows:
(1) Any tuna longline fishing vessel shall not stay at sea for more than eight consecutive months. For any such vessel that has operated in the area east of 150°W during the current fishing trip, the maximum duration shall be ten consecutive months.
(2) Any tuna purse seine fishing vessel shall not stay at sea for more than three consecutive months.
The duration as referred to in the preceding paragraph may be extended for two months with the consent of the competent authority, provided that there is a cause of force majeure or insufficient berths in port that leads to catching vessels failing to enter port within the required timeframe. Such extension shall be permitted for one time only.
For any tuna longline fishing vessel that does not enter port before these Regulations are promulgated on 14 June 2022, its days at sea before 1 January 2022 are not counted in the duration as referred to in paragraph 1.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)