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

Print Time:2024/11/22 08:02
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Chapter Law Content

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) “North Pacific Ocean” means the waters of the north Pacific Ocean north of a line extending east along the 20°N from the 140°E to the intersection with the 110°W, and the waters of a line extending east along the 10°N from the 180° meridian to the intersection with the 140°W (as shown in Appendix 1).
(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 conduct the transshipment of catches from saury 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.
(4) “Processing vessel” means any vessel that transfers saury catches from saury fishing vessel(s) to itself for processing onboard.
(5) “Auxiliary tender vessel” means any vessel that transships saury catches from saury fishing vessel(s) to itself and transports to a processing vessel to which it belongs to.
Article 3
Any fishing vessels proceeding to the north Pacific Ocean to catch saury (hereinafter referred to as “saury fishing vessel”) shall be limited to a fishing vessel with the squid jigging registered as the main fishery on its fishing license that part-time engages in saury stick-held net fishery.
Article 4
For any saury fishing vessel navigating through the water under national jurisdiction of any foreign country, all fishing equipment 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 4-1
Any saury fishing vessel shall not stay at sea for more than eight consecutive months. The duration 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 failing to enter port within the required timeframe. Such extension shall be permitted for one time only.
For any saury fishing vessel that does not enter port before these Regulations are amended and promulgated on 25 November 2022, its days at sea before the promulgation of the amended Regulations are not counted in the duration as referred to in the preceding paragraph.
Article 4-2
Any saury fishing vessel shall not conduct fishing operation in the area east of 170°E from June to July of the current year.
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