Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation - Chapter - Laws & Regulations Database of The Republic of China (Taiwan)

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Chapter Law Content

Title：	Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation CH
Category：	Ministry of Agriculture（農業部）
Attachment：	Appendix 1 The area of the Indian Ocean.pdf Appendix 1-1 The area of the Southern Indian Ocean Fisheries Agreement.pdf Appendix 2 The bigeye tuna fishing area.pdf Appendix 3 The oilfish fishing area.pdf Appendix 4 The albacore tuna fishing area.pdf Appendix 5 The fishing area for small scale longliners.pdf Appendix 6 Application Form for Large Scale Longliners.pdf Appendix 7 Application Form for Small Scale Longliners.pdf Appendix 8 Application Form for Carrier Vessels of the Republic of China.pdf Appendix 9 Specification of Width, Height and Color of Characters for Vessel Markings.pdf Appendix 10 De-hooker (left) and Scoop net (right).pdf Appendix 11 RESOLUTION 1206 ON REDUCING THE INCIDENTAL BYCATCH OF SEABIRDS IN LONGLINE FISHERIES.pdf Appendix 12 Facsimile Form for Vessel Position and Fishing Operation Information.pdf Appendix 13 Designated Domestic and Foreign Ports Located in the Indian Ocean for Tuna Longline Fishing Vessels to Land or Transship.pdf Appendix 14 Information to Be Submitted for Carrier Vessels Intending to Transship in Port or at Sea.pdf Appendix 15 TRANSSHIPMENT NOTIFICATION.pdf Appendix 16 IOTC Transhipment declaration.pdf Appendix 17 Advance Notice of Landing／Landing Declaration for Catches of Distant Water Fishing Vessels.pdf Appendix 17-1 Notification Form for Loss of Abadoning Fishing Gear.pdf Appendix 17-2 List of Deep Sea Shark Species.pdf Appendix 17-3 Notification Form for Fishing Vessels Entry to and Exit from the Area of the Southern Indian Ocean Fisheries Agreement.pdf Appendix 17-4 Notification Form for Transfer at Sea.pdf Appendix 17-5 At-Sea Transfer Declaration.pdf Appendix 18 The conversion factors between the weights of processed fish and round fish.pdf

Chapter X Observation and Inspection during Fishing Operations

Article 65

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 vessel matters related to the cooperation with or assisting the observer in carrying out the duties.
In case that the fishing vessel as referred to in the preceding paragraph does not hire privately-contracted armed security pursuant to the Regulations on Hiring Privately-Contracted Armed Security by Fishery Operators, such a fishing vessel shall not enter or transit through the Indian Ocean north of 5°S and west of 60°E.

Article 66

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 three subparagraphs.
(7) The captain shall sign on the record(s) of observation 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 66-1

In the event that an observer dies or the search and rescue are ceased for a missing observer fallen overboard, the fishing vessel shall immediately cease fishing operations, and the competent authority shall order such vessel to navigate directly to the port designated by the competent authority for investigation.
In the event that an observer suffers from a serious illness or injury that threatens his or her health or safety, the fishing vessel shall immediately cease fishing operations and facilitate the disembarkation of the observer for appropriate medical treatment.
In the event that an observer is assaulted, intimidated, threatened, or harassed, the competent authority may order such vessel to immediately cease fishing operations and navigate to the designated port within the required timeframe.

Article 67

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.