These regulations are hereby enacted pursuant to Article 12 of the Fisheries Act (hereinafter referred to as “the Act”).

Terms used in these Regulations are defined as follows:
(1) Fishing vessel(s): Any vessel, sampan, and fishing raft used for the purpose of fisheries operation, and fishery patrol vessel, fishery research vessel, and fishery training vessel.
(2) Crew member(s): Any officer and ordinary crew working on board a fishing vessel, not includingobserver and inspector.
(3) Officer: Any crew member working on board a fishing vessel as a captain, mate, chief engineer, second engineer, engineer or telecommunication operator.
(4) Ordinary crew: Any crew member other than officers.
(5) Captain: The person who is in charge of all affairs on a fishing vessel.
(6) Mate: An officer who is responsible for the navigational watch-keeping on a fishing vessel.
(7) Chief engineer: An officer who is in charge of the operation and maintenance of the main engine, auxiliary engine, and relevant electronic devices on a fishing vessel.
(8) Second engineer: An officer who is responsible for assisting with the operation of the engineering section and supervising crew members of the engineering section for their conducts of engineering operation on a fishing vessel.
(9) Engineer: An officer who is responsible for the engine-room watch-keeping, operation, and maintenance on a fishing vessel.
(10) Telecommunication operator: An officer who is responsible for the radio watch on a fishing vessel.
(11) Observer: Any person that is designated by the central competent authority to conduct verification, data collection, sampling, and other assigned missions on a fishing vessel.
(12) Inspector: Any person that is designated by the central competent authority to conduct boarding and inspecitons, eduction on legislation, and other assignments on a government vessel.
(13) Length of a fishing vessel: The length as referred to in Article 2 of the Regulations on Tonnage Measurement of Ships.
(14) Limited waters: The waters within the exclusive economic zone under the jurisdiction and sovereignty of the Republic of China.
(15) Unlimited waters: The waters beyond the limited waters.
(16) Sea area A1: The waters within the coverage area of the very high frequency (VHF) communication of coast radio stations.
(17) Sea area A2: The waters beyond sea area A1 and within the coverage area of the medium frequency (MF) communication of coast radio stations.
(18) Sea area A3 : The waters beyond sea areas A1 and A2 and within the coverage area of the geostationary satellite communication of the International Maritime Satellite Organization (INMARSAT).
(19) Sea area A4 : Any waters beyond sea areas A1, A2, and A3.

Any crew member, observer, and inspector shall possess a Fishing Vessel Crew Identification, and for any officer, he/she shall also possess a Certificate of Fishing Vessel Officer. Foreign crew member employed in accordance with the Employment Service Act shall possess a Fishing Vessel Foreign Crew Identification.
Any crew member, observer, and inspector that embark on board a fishing vessel and sail out to sea shall carry valid document(s) as referred to in the preceding paragraph. Anyone that fails to carry the valid document(s), or is under a disposition of suspension of the Fishing Vessel Crew Identification, shall not sail out to sea on board a fishing vessel. However, any foreign crew member after entry into the Republic of China may possess his/her passport and the Permit for Recruitment issued by the Ministry of Labor to operate at sea before obtaining a Fishing Vessel Foreign Crew Identification.
Any person on board a fishing vessel shall comply with the preceding two paragraphs, except for any of the following circumstances:
(1) Passengers who are on board in accordance with the Regulations for Recreational Fishery;
(2) Any person with the permission from the competent authority to rent a fishing vessel for the purpose of conducting aquatic resources and marine environmental researches and other fisheries management; or
(3) Any person with the permission from the competent authority to board a fishing vessel for the purpose of engaging in religious activities and traditional rituals.

In accordance with the length, thrust power of main engine, operating area or maintenance method(s) of relevant equipment of a fishing vessel on which an officer is employed, the ranking of officers’ positions shall be classified as follows:
(1) Navigation section:
i. First level captain: A captain who serves on a fishing vessel of 24 meters or above in length and operating in unlimited waters.
ii. First level mate: A mate who serves on a fishing vessel of 24 metersor above in length and operating in unlimited waters.
iii. Second level captain: A captain who serves on a fishing vessel of 24 meters or above in length and operating in limited waters
iv. Second level mate: A mate who serves on a fishing vessel of 24 meters or above in length and operating in limited waters.
v. Third level captain: A captain who serves on a fishing vessel of 12 meters or above and less than 24 meters in length.
vi. Third level mate: A mate who serves on a fishing vessel of 12 meters or above and less than 24 meters in length.
(2) Engineering section:
i. First level chief engineer: A chief engineer who serves on a fishing vessel with 750 or above kilowatts of the thrust power of main engine (1019.7 Pferdestarke).
ii. First level second engineer: A second engineer who serves on a fishing vessel with 750 or above kilowatts of the thrust power of main engine.
iii. First level engineer: An enginner who serves on a fishing vessel with 750 or above kilowatts of the thrust power of main engine.
iv. Second level chief engineer: A chief engineer who serves on a fishing vessel with the thrust power of main engine less than 750 kilowatts.
(3) Telecommunication section:
i. For a telecommunication operator who serves on a fishing vessel equipped with Global Maritime Distress and Safety System(hereinafter referred to as “GMDSS”) radio station:
(i) GMDSS radio electronic operator: An electronic operator who serves on a fishing vessel using the method of at-sea electronic maintenance.
(ii) GMDSS general operator: An operator who serves on a fishing vessel navigating within sea area A2, or on a fishing vessel navigating within sea areas A3 and A4 and using the methods of shore-based maintenance (SBM) and duplication of equipment.
(iii) GMDSS restricted operator: An operator who serves on a fishing vessel navigating within sea area A1.
ii. For a telecommunication operator who serves on a fishing vessel equipped with non-GMDSS radio station:
(i) First grade telephone operator: A telephone operator who serves on a fishing vessel navigating in unlimited waters.
(ii) Second grade telephone operator: A telephone operator who serves on a fishing vessel navigating in limited waters.

Any fishery operator who employs within the territory of the Republic of China a foreign crew member shall apply for a Fishing Vessel Foreign Crew Identification for the said foreign crew member, and shall comply with the requirements as prescribed in the Employment Service Act and relevant regulations thereunder.

(Deleted)

Any fishing vessel shall retain on board a crew list, records of declaration for port entry and exit, and other relevant information.

The municipal or county (city) competent authority may set the standards for the employment and compensation package of crew members in accordance with its local custom and living standards.
In accordance with the standards as referred to in the preceding paragraph, an employer and an employee may make an employment contract in which the following matters shall be specified:
(1) Name, age, place of birth, address, national identification number or other identification document of the crew member;
(2) Date and location of signing the contract;
(3) Name of the fishing vessel concerned;
(4) Fishing area;
(5) Position of the crew member;
(6) Compensation package of the crew member;
(7) Provisions for the crew member;
(8) Guidelines on compensation for injury and death of the crew member;
(9) Termination of the contract and other conditions;
(10) Valid period of the contract;
(11) Other necessary matters.

Any crew member that possesses the Fishing Vessel Crew Identification and has been employed on board a fishing vessel flying a foregin flag shall, within three months after such employment, submit relevant document(s) to the central competent authority for recordation. Such procedure shall apply whenever there is a change to the aforementioned employment.
The information necessary for recordation as referred to in the preceding paragraph shall include the name of employer, name of fishing vessel, flag of fishing vessel, type of fishery, terms of employment, assumed position, and any other relevant matters.
For any crew member that has been employed on board a fishing vessel flying a foreign flag prior to the amendment and enforcement of this Article, provisions set forth in paragraph 1 shall be followed within three months upon the date of enforcement of this amended Article.