No Support JavaScript

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

Print Time:2024/11/22 07:58
:::

Chapter Law Content

Title: Regulations for Tuna Longline or Purse Seine Fishing Vessels Proceeding to the Pacific 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 8
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 Pacific Ocean in the following year shall fill in the application form, formats of which are as shown in Appendix 6 to 9, 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 or Lloyd’s Register (LR) number.
(2) The color photograph of the fishing vessel no older than three years. The photograph must show a stem-to-stern side view of the vessel; clearly and legibly display the vessel name and international radio call sign; be in the form of a single electronic file and have a resolution of at least 150 pixels per inch at a size of 6 by 8 inches; and be no greater than 500 kilobytes (kB) in size.
(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 vessel tracking agreement form serving as an authorization allowing the competent authority and the international fisheries organization to track vessel positions. He/She who has already provided such form shall be exempted from this provision.
(6) The document proving the last port entry or departure of the fishing vessel.
Article 9
The distant water fisheries operator who has applied for the distant water fisheries permit pursuant to Article 8 shall choose the fishing area in accordance with the following provisions:
(1) Fishing vessels of bigeye tuna group can apply to fish in the bigeye tuna fishing area. Such vessels may at the same time apply for the east bigeye tuna fishing area.
(2) Fishing vessels of albacore tuna group can apply to fish in the albacore tuna fishing area. Such vessels may at the same time apply for the north albacore tuna fishing areas.
(3) Fishing vessels of frozen yellowfin tuna group can apply to fish in the western and central Pacific fishing area. Such vessels may at the same time apply for the southern Pacific fishing area.
(4) Seasonal sharks group or general group can apply to fish in the western and central Pacific fishing area. Such vessels may at the same time apply for the eastern Pacific fishing area and the southern Pacific fishing area, and for vessels which apply for fishing in the eastern Pacific fishing area, such vessels may also apply for the eastern Pacific swordfish fishing area.
Article 10
Any fishing vessel that applies for the distant water fisheries permit for the following year shall meet Article 7-1 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.
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.
(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 seasonal sharks group:
(i) It is a fishing vessel of the seasonal sharks group or general group that has obtained the distant water fisheries permit from the competent authority after 2017.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the seasonal sharks group.
iii. For general group:
(i) It is a fishing vessel of the general or seasonal sharks group that has obtained the distant water fisheries permit from the competent authority after 2017.
(ii) It is a newly built fishing vessel which has received the replacement qualification of a fishing vessel of the general or seasonal sharks group.
Article 11
For the application of the distant water fisheries permit of the following year, the documents prescribed in Article 8 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 tuna purse seine fishing vessel(s), he/she shall apply to the Taiwan Deep Sea Tuna Purse Seiners Boat-Owners and Exporters Association (hereinafter referred to as “Purse Seine Association”) before October 15 of the current year. The Purse Seine Association shall deliver the applications to the competent authority before October 31 of the current year.
(6) 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 12
For fishing vessels applying for the distant water fisheries permit of seasonal sharks group for the following year, the application shall be accepted in accordance with the following sequence of priority:
(1) First priority: the fishing vessel of the seasonal sharks group that obtains from the competent authority the distant water fisheries permit of the current year.
(2) Second priority: the fishing vessel of the seasonal sharks group that has obtained from the competent authority the distant water fisheries permit after 2017.
(3) Third priority: the fishing vessel of the general group that has obtained from the competent authority the distant water fisheries permit after 2017.
In the event that the number of fishing vessels applying for fishing in the east bigeye tuna fishing area exceeds the prescribed limit, the Tuna Association shall, in an equitable and impartial manner, draw lots to decide the priority.
For fishing vessels applying for fishing in the north albacore tuna fishing area, the Tuna Association shall come up with a list of vessel priority in accordance with the following sequence of priority and submit to the competent authority:
(1) First priority: the fishing vessel of the albacore tuna group that obtains the distant water fisheries permit of the current year and has fished over 75 days in the north albacore fishing area.
(2) Second priority: the fishing vessel of the albacore tuna group that obtains the distant water fisheries permit of the current year and has fished less than 75 days in the north albacore fishing area.
(3) Third priority: the fishing vessel of the albacore tuna group that obtains the distant water fisheries permit of the current year but does not obtain the permit to fish in the north albacore tuna fishing area.
(4) Fourth priority: the fishing vessel of the albacore tuna group that obtains the distant water fisheries permit to fish in the north albacore tuna fishing area in the current year but does not proceed to fish in such area.
For fishing vessels applying for fishing in the eastern Pacific or southern Pacific fishing area, the Longline Association shall come up with a list of vessel priority in accordance with the following sequence of priority and submit to the competent authority:
(1) First priority: the fishing vessel which obtains the distant water fisheries permit of the current year to fish in the eastern Pacific or southern Pacific fishing area and fishes in the eastern Pacific or southern Pacific fishing area for 30 days or above.
(2) Second priority:
i. the fishing vessel which obtains the distant water fisheries permit of the current year to fish in the eastern Pacific or southern Pacific fishing area and fishes in the eastern Pacific or southern Pacific fishing area for less than 30 days.
ii. the fishing vessel which obtains the distant water fisheries permit of the current year but does not obtain the permit to fish in the eastern Pacific or southern Pacific fishing area.
(3) Third priority: the fishing vessel which obtains the distant water fisheries permit of the current year to fish in the eastern Pacific or southern Pacific fishing area but does not fish in such area.
In the event that the number of applying fishing vessels in paragraph 1 or the preceding two paragraphs exceeds the limits and the priority cannot be decided in accordance with the provisions on the sequence of priority, the competent authority shall draw lots to decide the priority in an equitable and impartial manner.
For fishing vessels that apply to fish in the eastern Pacific swordfish fishing area or that do not belong to the ones as referred to in the preceding five paragraphs, in the event that the vessel number exceeds the limit, the competent authority shall draw lots to decide the priority in an equitable and impartial manner.
Article 13
In the event that the number of fishing vessels obtaining the distant water fisheries permits does not reach the limit of each group of the current year, the vacancy shall be filled pursuant to the sequence of priority prescribed in Article 12, and the competent authority may announce in due course to accept applications, notwithstanding the application deadline prescribed in Article 11.
Article 14
The distant water fisheries operator who has obtained the distant water fisheries permit of bigeye tuna group may apply to the competent authority to fish in the north bigeye tuna fishing area from April to September of the current year, notwithstanding the application procedures and deadline prescribed in Article 11.
Article 15
In case of any of the following conditions, the distant water fisheries operator may submit the documents prescribed in Article 8 and apply for the distant water fisheries permit to the competent authority, notwithstanding the application procedures and deadline prescribed in Article 11:
(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.
(7) Addition of fishing area(s) for a carrier vessel which has obtained the distant water fisheries permit of the current year.
In case that the distant water fisheries operator of any fishing vessel that has obtained the distant water fisheries permit to fish in the east bigeye tuna fishing area, north albacore tuna fishing area, eastern Pacific fishing area, eastern Pacific swordfish area, or southern Pacific fishing area has changed during the period of validity of the permit, and the new distant water fisheries operator applies for the distant water fisheries permit in accordance with the preceding paragraph, the competent authority shall authorize such fishing vessel to continue fishing in the permitted fishing area(s) in the current year.
Article 16
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 numbers, 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 International Radio Call Sign (IRCS); and
(6)The IMO ship identification number or LR 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 17
In the event that the distant water fisheries operator who has obtained the distant water fisheries permit to fish in the north albacore tuna fishing areas or eastern Pacific fishing areas waives such right, he/she shall apply to the competent authority for the revocation of the permit before August 1 of the current year.
Article 18
Fishing vessels intending to interchange the groups or fishing Oceans shall apply for the application to 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 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.
For any fishing vessel approved to change the group or fishing area, the permit to fish in the east bigeye tuna fishing area, north albacore tuna fishing area, eastern Pacific Ocean area, southern Pacific fishing area, and eastern Pacific swordfish fishing area shall be denied. In case that the vessels approved of such change belong to the same distant water fisheries operator, or that there is no applicant applying to fill in the vacancy in the current year, such provision shall not be applied.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)