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

Print Time:2024/11/22 08:20
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Chapter Law Content

Chapter IV Catch Statistical Documents
Article 12
For any application of the Catch Statistical Document, the vessel position reporting, logbooks and catch reports, transshipment and landing of the fishing vessel during the period of fishing operation shall be in compliance with the regulations for respective oceans where the fishing vessel concerned proceeds to.
Article 13
For any application of the Catch Statistical Document of frozen bigeye tuna or frozen swordfish, the application form in the required format shall be filled in and submitted to the competent authority together with the following documents:
(1)Document(s) proving that the catches concerned have been confirmed by the association which the fishing vessel belongs to.
(2)For catches landed domestically, the fish market transaction document or the Landing Inspection Report shall be enclosed.
(3)For catches landed for sale in designated foreign ports, the document(s) proving the trade shall be enclosed.
(4)For the applicant as referred to in subparagraph (2) of Article 4, paragraph 1, the record that can trace back to the transaction of the distant water fisheries operator and relevant document(s) proving the trade shall be enclosed.
(5)A copy of the transport document of the exported catches. For catches transported by the fishing vessel itself or directly exported from the Republic of China, the enclosure of such document shall be waived.
The association as referred to in subparagraph (1) of the preceding paragraph means the Taiwan Tuna Purse Seiners Association for a purse seine fishing vessel; and the Taiwan Deep Sea Tuna Boat-owners and Exporters Association or Taiwan Tuna Longline Association for a tuna longline fishing vessel.
The Catch Statistical Document of frozen bigeye tuna or frozen swordfish will be issued after the application as referred to in paragraph 1 is examined and determined to be compliant with relevant requirements.
Article 14
For any application of Catch Statistical Document of fresh bigeye tuna or fresh swordfish, bigeye tuna or swordfish catches shall meet the following conditions:
(1)Such catches are caught by longline fishing vessel(s) whose gross tonnage (GT) is under 100 tons.
(2)Such catches are preserved in ice-chilling method.
Article 15
For any application of the Catch Statistical Document of fresh bigeye tuna or fresh swordfish, the application form in the required format shall be filled in and submitted to the competent authority together with the following documents:
(1)For catches landed for sale at a foreign port, the document(s) proving the trade, and the copy of the cargo list obtained from the authority concerned of the port State prior to port entry of the fishing vessel or the Landing Inspection Report, shall be enclosed.
(2)For catches landed for sale at a domestic port, the fish market transaction document or the Landing Inspection Report shall be enclosed.
The Catch Statistical Document of fresh bigeye tuna or fresh swordfish will be issued after the application as referred to in the preceding paragraph is examined and determined to be compliant with relevant requirements.
Article 16
To replace a Catch Statistical Document of fresh bigeye tuna or fresh swordfish landed for sale domestically with that of frozen bigeye tuna or frozen swordfish, the application form in the required format shall be filled in and submitted to the competent authority together with the following documents:
(1)The original copy of the Catch Statistical Document of fresh bigeye or fresh swordfish.
(2)For any applicant as referred to in subparagraph (2) of Article 4, paragraph 1, the record that can trace back to the transaction of the distant water fisheries operator and relevant document(s) proving the trade shall be enclosed.
The Catch Statistical Document of frozen bigeye tuna or frozen swordfish will be issued after the application as referred to in the preceding paragraph is examined and determined to be compliant with relevant requirements.
Article 17
In case of any of the following circumstances, the Catch Statistical Document shall not be issued:
(1)Any of the circumstances stipulated in subparagraph (1) to (4) of Article 10.
(2)For the application of the Catch Statistical Document of frozen bigeye tuna or frozen swordfish, the fishing vessel does not meet the provisions stipulated in Article 12.
(3)For the application of the Catch Statistical Document of fresh bigeye tuna or fresh swordfish, the fishing vessel does not meet the provisions stipulated in Article 12, or the catches does not meet the provisions stipulated in Article 14.
(4)The Catch Statistical Document previously obtained by the applicant is not written off in accordance with Article 18 or 19, or not cancelled in accordance with Article 29.
(5)During the period of fishing operation in which the catches or fisheries products were caught, the fine imposed upon the distant water fisheries operator by the competent authority pursuant to the Act or the Fisheries Act has not been paid, or the suspension of fishing license imposed upon the distant water fisheries operator has not been executed.
Article 18
Any applicant shall, within six months after the issuance of the Catch Statistical Document of frozen bigeye tuna or frozen swordfish, fill in the application form in the required format and submit it to the competent authority together with the following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and foreign buyer(s).
(3)For catches directly exported from the Republic of China, a copy of the transport document.
In case that the documents as referred to in the preceding paragraph are not in Chinese, English or Japanese, copies of Chinese or English translation shall be enclosed.
In the event that the Catch Statistical Document of frozen bigeye tuna or frozen swordfish has not been written off six months after the issuance, the applicant may apply for the extension of the write-off period to the competent authority, with the enclosure of the original copy of the Catch Statistical Document and the statement of reason(s) therefor.
The maximum period of each extension shall be six month, and shall not exceed the validity period of the Catch Statistical Document stipulated in Article 5, paragraph 1.
For any applicant for the extension in accordance with the preceding paragraph, the competent authority may dispatch personnel to inspect catches and fisheries products pursuant to Article 16 and 25 of the Act.
Article 19
Except for the circumstances prescribed in paragraph 3, any applicant shall, within two months after the issuance of the Catch Statistical Documents of fresh bigeye tuna or fresh swordfish, fill in the application form in the required format and submit it to the competent authority together with the following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and foreign buyer(s).
(3)For catches directly exported from the Republic of China, a copy of the transport document.
In case that the documents as referred to in the preceding paragraph are not in Chinese, English or Japanese, copies of Chinese or English translation shall be enclosed.
In case that the Catch Statistical Document of fresh bigeye tuna or fresh swordfish landed for sale domestically has been replaced with that of frozen bigeye tuna or frozen swordfish, the applicant shall be exempted from conducting the write-off as referred to in paragraph 1.
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