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

Print Time:2024/11/25 16:08
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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:
Chapter II Application and Issuance of the Distant Water Fisheries Permit
Article 7
Any distant water fisheries operator intending to apply for the distant water fisheries permit(s) for his/her fishing vessel(s) to fish in the Indian Ocean in the following year shall fill in the application form, formats of which are as shown in Appendix 6 to 8, in accordance with types of fishing vessels and groups and submit it with the following documents:
(1) A copy of the valid fishing license which shall contain the International Maritime Organization (IMO) ship identification number.
(2) The following color photographs of the fishing vessel no older than three years and the electronic files thereof. The photographs shall clearly and legibly display the Chinese and English vessel name and international radio call sign (IRCS); and be of a size of 6 by 8 inches:
i. Two photos that each of which shows the complete length and structural characteristics of the starboard side and portside of the vessel; and
ii. Two photos that are taken form bow to stern and stern to bow.
(3) The document certified by the commissioned professional institution that the automatic location communicator (ALC) on board the fishing vessel can regularly and normally transmit vessel positions.
(4) The document certified by the commissioned professional institution that the electronic logbook (E-logbook) system on board the fishing vessel can normally transmit catch data.
(5) The document proving the last port entry or departure of the fishing vessel.
Article 8
Any fishing vessel that applies for the distant water fisheries permit for the following year shall meet Article 6-1 and any of the following conditions:
(1) Large scale longliners:
i. For bigeye tuna group:
(i) It is a fishing vessel of the bigeye tuna group that obtains the distant water fisheries permit of the current year from the competent authority.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the bigeye tuna group or of the bigeye tuna group concurrently conducting part-time fishing for albacore or yellowfin tuna.
ii. For albacore tuna group:
(i) It is a fishing vessel of the albacore tuna group that obtains the distant water fisheries permit of the current year from the competent authority.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the albacore tuna group.
(iii) It is a fishing vessel with a fishing license of longline fishery which were formerly authorized to fish in the Indian Ocean and to operate non tuna longline fishery under fisheries cooperation with a foreign country.
(2) Small scale longliners:
i. For frozen yellowfin tuna group:
(i) It is a fishing vessel of the frozen yellowfin tuna group that obtains the distant water fisheries permit of the current year from the competent authority.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the frozen yellowfin tuna group.
ii. For general group:
(i) It has once obtained the distant water fisheries permit to operate as frozen yellowfin tuna group or general group.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the frozen yellowfin tuna group or general group.
Any part-time carrier vessel authorized by the competent authority to operate in the Pacific Ocean shall not apply for the distant water fisheries permit as referred to in the preceding paragraph, and revocation shall be made if the permit has been granted.
Article 9
For the application of the distant water fisheries permit of the following year, the documents prescribed in Article 7 shall be submitted in accordance with the following procedures and deadline:
(1) For any distant water fisheries operator of large scale longliner(s) that is a member of the Taiwan Deep Sea Tuna Boat-owners and Exporters Association (hereinafter referred to as “Tuna Association”), it shall apply to the Tuna Association before October 15 of the current year, which shall compile the applications in accordance with the groups for delivery to the competent authority before October 31 of the current year.
(2) For any distant water fisheries operator of large scale longliner(s) that is not a member of the Tuna Association, he/she shall apply to the competent authority before October 31 of the current year.
(3) For any distant water fisheries operator of small scale longliner(s) that is a member of the Taiwan Tuna Longline Association (hereinafter referred to as “Longline Association”), he/she shall apply to the Longline Association before October 15 of the current year. The Longline Association shall compile the applications in accordance with the groups and deliver to the competent authority before October 31 of the current year.
(4) For any distant water fisheries operator of small scale longliner(s) that is not a member of the Longline Association, he/she shall apply to the competent authority before October 31.
(5) For any distant water fisheries operator of carrier vessel(s) of the Republic of China, he/she shall apply to the competent authority before October 31 of the current year.
Article 10
In the event that the number of fishing vessels applying for the distant water fisheries permits of the bigeye tuna or albacore tuna group exceeds the limit of respective group, the Tuna Association shall draw lots to decide the priority in an equitable and impartial manner.
In the event that the number of fishing vessels applying for the general group exceeds the limit, the competent authority shall draw lots to decide the priority in an equitable and impartial manner.
Article 11
For any fishing vessel applying for the distant water fisheries permit of the frozen yellowfin tuna group, the competent authority shall come up with a list of vessel priority in accordance with the following sequence of priority:
(1) First priority: the fishing vessel was formerly approved by the competent authority as the frozen yellowfin tuna group in the Indian Ocean and has not lost such qualification; or the fishing vessel is newly built which has received the replacement qualification of a tuna longline fishing vessel of the frozen yellowfin tuna group in the Indian Ocean.
(2) Second priority: the fishing vessel was formerly approved by the competent authority as the frozen yellowfin tuna group in the Pacific Ocean and has not lost such qualification.
(3) Third priority: the fishing vessel was the small scale longliner which is approved as the general group in the current year in the Indian Ocean.
In the event that the number of applying fishing vessels in the preceding paragraphs exceeds the limits, the competent authority shall draw lots to decide the priority in an equitable and impartial manner.
In the event that the number of fishing vessels which obtain the distant water fisheries permits of the frozen yellowfin tuna group does not reach the limit of the current year, the vacancy shall be filled pursuant to the sequence of priority prescribed in the preceding two paragraphs, and the competent authority may announce in due course to accept applications, notwithstanding the application deadline prescribed in Article 9.
Article 12
Any fishing vessel that applies to operate in the Agreement Area and targets oil fish shall obtain the distant fisheries permit for Indian Ocean of the current year.
If the fishing vessel as referred to in the preceding paragraph belongs to the bigeye tuna or albacore tuna group, it shall only operate within the oilfish fishing area.
Article 13
In case of any of the following conditions, the distant water fisheries operator may submit the documents prescribed in Article 7 and apply for the distant water fisheries permit to the competent authority, notwithstanding the application procedures and deadline prescribed in Article 9:
(1) The distant water fisheries operator of a fishing vessel has changed;
(2) The distant water fisheries operator has obtained the fishing license for the chartered fishing vessel;
(3) The distant water fisheries operator has obtained the fishing license for the newly-built fishing vessel;
(4) The distant water fisheries operator who resumes the operation after the suspension of the operation authorized pursuant to Article 11 of the Fisheries Act has expired. Notwithstanding, applications for operation suspension made after 1 November of the current year with the suspension duration less than three months shall be excluded;
(5) The distant water fisheries operator applies for the renewal of the fishing license;
(6) The suspension of the fishing license has been executed completely or the fine imposed has been paid up; or
(7) Addition of fishing area(s) for a carrier vessel which has obtained the distant water fisheries permit of the current year.
Article 14
A certificate of distant water fisheries permit will be issued to the application approved by the competent authority. The maximum period of validity of the permit shall be one year, and shall not exceed that of the fishing license.
The certificate of distant water fisheries permit shall record, both in Chinese and English, the following:
(1) The number of the certificate;
(2) The name, CT number, GT, length overall (LOA) and fisheries type of the fishing vessel;
(3) Name of the distant water fisheries operator;
(4) The authorized fishing Ocean, group, fishing area(s), and fishing period;
(5) The IRCS; and
(6) The IMO ship identification number.
The distant water fisheries operator shall place onboard the fishing vessel a carbon copy of the valid distant water fisheries permit in case of inspection.
Article 15
Tuna longline fishing vessels intending to interchange the groups or fishing Oceans shall apply for the approval from the competent authority.
In the event that a large scale longliner intends to change the group or fishing Ocean with other fishing vessel, the following provisions shall be met:
(1) Distant water fisheries operators of both vessels are members of the Tuna Association;
(2) Both vessels have the valid certificates of distant water fisheries permits;
(3) The fishing vessel intending to change to the bigeye tuna group shall be equipped with ultra-low temperature devices, and its distant water fisheries operator has made a guarantee letter to assume the duty from the original fishing vessel of bigeye tuna group to pay the reimbursement of the vessel reduction program; and
(4) The penalty of suspending the fishing license has been completely executed.
In the event that a small scale longliner intends to change the group or fishing Ocean with other fishing vessel, the following provisions shall be met:
(1) It is an interchange between a fishing vessel of the frozen yellowfin tuna group of the Pacific Ocean and that of the frozen yellowfin tuna group of the Indian Ocean.
(2) It is an interchange between a fishing vessel of the general group or seasonal sharks group of the Pacific Ocean and that of the general group of the Indian Ocean.
For any tuna longline fishing vessel approved to change the group or fishing Ocean, documents shall be provided to prove the fish holds have been emptied and the certificate of the distant water fisheries permit originally issued shall be returned for the issuance of the new certificate of distant water fisheries permit after the change of fishing Ocean or group.
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