Act for Distant Water Fisheries (hereinafter referred to as “the Act”) is enacted to ensure the conservation of marine fisheries resources, strengthen distant water fisheries management, deter illegal, unreported, and unregulated (hereinafter referred to as IUU) fishing, and improve traceability of catch and fisheries products, so as to promote sustainable operations of distant water fisheries.

Matters related to distant water fisheries shall be governed by the Act. Matters not stipulated in the Act shall be governed by the Fisheries Act.

The competent authority of the Act is the Ministry of Agriculture.

Terms used in the Act are defined as follows:
(1) “Fishing” means activities of searching for, attracting, or catching marine fisheries resources; transshipping, transporting, landing, storing, processing, or packaging catch or fisheries products; or providing supply.
(2) “Fishing vessel” means any vessel used for the purpose of fishing.
(3) “Distant water fisheries” means using any fishing vessel to conduct fishing activities on the high seas or in internal waters, territorial seas, and the exclusive economic zones of other States (hereinafter referred to as “waters under national jurisdictions of other States”).
(4) “Marine fisheries resources” means living marine resources that can be utilized in fisheries.
(5) “Distant water fisheries operator” means any person that operates distant water fisheries.
(6) “Distant water fisheries employee” means any crew member of a fishing vessel and any other person that catches, lands, or transships catch or fisheries products for any distant water fisheries operator.
(7) “Industry related to distant water fisheries” means relevant industry that engages in the processing, transporting, storing, purchasing, selling, selling on assignment, or export trade.
(8) “International fisheries organization” means any international fisheries management organization or regional or sub-regional fisheries management organization established in accordance with international conventions, treaties, or agreements in which the Republic of China (hereinafter referred to as “the ROC”) participates.
(9) “Conservation and management measures” means Recommendations or Resolutions that are adopted by international fisheries organizations and are in force and binding for the conservation and management of marine fisheries resources.
(10) “Transshipment at sea” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters outside of port areas.
(11) “Transshipment in port” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters inside of port areas.
(12) “Landing in port” means landing catch or fisheries products in waters inside of port areas.
(13) “Observer” means any person dispatched by the competent authority, international fisheries management organizations, or States with which the fisheries cooperation is engaged to conduct observation, verification, data collection, sampling, and other relevant missions on board any fishing vessel.
(14) “Illegal fishing” means fishing activities:
i. conducted by national or foreign fishing vessel in waters under the jurisdiction of a State without the permission of that State, or in contravention of its laws and regulations;
ii. conducted by any fishing vessel flying the flag of States that are parties to a relevant international fisheries organization, but operate in contravention of conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or
iii. in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant international fisheries organization.
(15) “Unreported fishing” means fishing activities:
i. that have not been reported or have been misreported to the relevant national authority, in contravention of national laws and regulations; or
ii. undertaken in the area of competence of a relevant international fisheries organization that have not been reported or have been misreported, in contravention of the reporting procedures of that organization.
(16) “Unregulated fishing” means fishing activities:
i. in the area of application of a relevant international fisheries organization that are conducted by fishing vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or
ii. in areas or for fish stocks in relation to which there are no applicable conservation and management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.
(17) “Flag State” means a State whose flag a vessel flies or is entitled to fly.
(18) “Exclusive Economic Zone” means an area beyond and adjacent to the territorial sea and extending to a distance of 200 nautical miles from the baselines of the territorial sea.

The competent authority shall formulate and publicize national plans of actions on the following matters, by applying the pre-cautionary principle, ecosystem-based approaches, and best available scientific advice and taking into consideration international conventions, treaties, agreements, and conservation and management measures:
(1) Conservation, management, utilization, and maintenance of maximum sustainable yield (MSY) of marine fisheries resources.
(2) Measures in response to the change of marine fisheries resources and marine ecosystem.
(3) Goals for sustainable operation, development strategies, and implementing steps for distant water fisheries.
(4) Measures to balance fishing capacity and marine fisheries resources.
(5) Measures to guide and subsidize distant water fisheries operators, distant water fisheries employees, and industry related to distant water fisheries, in response to the structure adjustment of distant water fisheries.
(6) Supervision and management system for distant water fisheries, and related human resources establishment and training.
(7) Training of human resources for distant water fisheries, and development of relevant technologies and equipment.
(8) Cooperation with other States and international fisheries organizations.
(9) Prevention, deterrence, and elimination of IUU fishing.
(10) Other matters for effective control and management of distant water fisheries.
Chapter II