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

Print Time:2024/11/22 08:19
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Chapter Law Content

Chapter II The Application and Issuance of Fishing Permits for Longline Fishing Vessels
Article 7
The annual number of longline fishing vessels conducting Pacific bluefin tuna fishing operation shall be limited to 660.
The central competent authority may proclaim the adjustment of the number of vessels as referred to in the preceding paragraph.
Article 8
Longline fishing vessels conducting Pacific bluefin tuna fishing operation shall be installed onboard the automatic location communication (ALC).
Article 9
Any fishery operator that intends to apply for a Pacific bluefin tuna fishing permit for his/her longline fishing vessel shall fill in the application form (format as shown in Appendix 2) and apply to the central competent authority from January 1 to January 31, with the following documents:
(1) A copy of the valid fishing license of the directed fishery; and
(2) A certificate issued by the Overseas Fisheries Development Council of the Republic of China proving that the ALC onboard has been tested and is capable of automatic reporting of its positions.
Article 10
The sequence of priorities for issuing the Pacific bluefin tuna fishing permit shall be as follows:
(1) The first priority: vessels that were authorized by the central competent authority to conduct Pacific bluefin tuna fishing operation and have historical catch record in the preceding year, without any punishment imposed upon in the preceding year for violating these Regulations or the Regulations on Catching Pacific Bluefin Tuna.
(2) The second priority: vessels under 100 gross tonnage (GT) with the historical catch record in the preceding five years.
(3) The third priority: vessels of 100 GT and above with the historical catch record in the preceding five years.
(4) The fourth priority: vessels under 100 GT with no historical catch record in the preceding five years.
(5) The fifth priority: vessels of 100 GT and above with no historical catch record in the preceding five years.
In the event that the number of applications submitted pursuant to Article 9 exceeds the prescribed limit in Article 7, and the priority cannot be decided in accordance with the preceding paragraph, the central competent authority shall draw lots to decide the priority in an equitable and impartial manner.
Article 11
In the event that the number of fishing vessels obtaining the Pacific bluefin tuna fishing permits does not reach the limit of the current year, the central competent authority may announce in due course to accept applications, notwithstanding the application deadline prescribed in Article 9.
Article 12
In case of any of the following conditions, the fishery operator may submit the documents as prescribed in Article 9 and apply for the Pacific bluefin tuna fishing permit from the central competent authority, notwithstanding the application deadline prescribed in Article 9:
(1) The fishery operator of a fishing vessel has changed;
(2) The fishery operator has obtained the fishing license for the chartered fishing vessel;
(3) The fishery operator has obtained the fishing license for the newly-built fishing vessel;
(4) The fishery operator who resumes the operation after the suspension of the operation authorized pursuant to Article 11, paragraph 2 of the Act has expired;
(5) The fishery operator applies for the renewal of the expired fishing license; or
(6) The suspension of the fishing license has been executed completely.
Article 13
In case that a fishery operator is under any of the following circumstances, the issuance of the Pacific bluefin tuna fishing permit to such operator shall be denied:
(1) He/She is sentenced imprisonment for violating the Act or the Act for Distant Water Fisheries and such sentence is not yet executed, not executed completely, or is on probation whose period is not yet expired, or 2 years have not passed since such sentence is executed completely, on probation which is expired, or pardoned;
(2) He/She is sentenced to a short-term imprisonment or criminal fine for violating the Act or the Act for Distant Water Fisheries and such sentence is not yet executed, not executed completely or 2 years have not passed since such sentence is executed completely;
(3) A fine imposed pursuant to the Act of the Act for Distant Water Fisheries has not been paid completely;
(4) The suspension of the fishing license of any of his/her fishing vessel imposed pursuant to the Act or the Act for Distant Water Fisheries has not been executed completely.
Article 14
A Pacific bluefin tuna fishing permit will be issued to the application approved by the central competent authority. The validity period of the permit shall start from the day of issuance to December 31 of the current year, and shall not exceed the validity period of the fishing license.
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