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

Print Time:2024/11/22 07:44
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Chapter Law Content

Chapter III-1 Catch Limits or Quotas
Article 12-1
For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the Act means saury.
Article 12-2
The annual total catch quota of the Republic of China in the north Pacific Ocean and the individual vessel quota of a saury fishing vessel shall be promulgated by the competent authority in accordance with applicable conservation and management measures.
In the event that the total catch amount of the species with catch limit has reached 95% of the annual total catch quota as referred to in the preceding paragraph, the competent authority may order the whole saury fishing fleet to stop catching the concerned species by a deadline.
The period for using the quota as referred to in paragraph 1 shall be promulgated by the competent authority. The maximum period shall be 180 days annually.
The total remaining quota of the Republic of China in the north Pacific Ocean may be arranged by the competent authority.
Article 12-3
The maximum for allowed annual individual vessel quota of a saury fishing vessel shall be 4,000 metric tons.
The allowed individual vessel quota as referred to in the preceding paragraph means the sum of the individual vessel quota granted by the competent authority pursuant to these Regulations, the quota received from other vessel(s), the additional quota applied for, and the premium quota; and the quota transferred, deducted, and retrieved have been deducted.
Article 12-4
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the saury fishing vessel.
For any saury fishing vessel that has not obtained the distant water fisheries permit of the entire period for using the quota as referred to in Article 12-2, paragraph 3, the quota shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole period. Notwithstanding such provision, in the event that the ownership of any saury fishing vessel transfers and the quota used by the original distant water fisheries operator exceeds the percentage that the number of month(s) approved accounts for the whole period, the unused quota of such a vessel in the current year shall be granted to the new distant water fisheries operator.
In case of any of the following circumstances, the competent authority shall retrieve the unused quota of the saury fishing vessel concerned in the current year:
(1) Loss of a saury fishing vessel or the damage of a vessel that renders the fishing operation impossible for the current year. However, the quota received from other vessel(s) will not be retrieved.
(2) Revocation or withdrawal of the fishing license imposed by the competent authority.
(3) Revocation or withdrawal of the distant water fisheries permit imposed by the competent authority.
Article 12-5
The catch amount of the fish species with catch limit for any saury fishing vessel shall not exceed the allowed individual vessel quota for the current year. In case of excess, the allowed annual quota of such a fishing vessel for the following year(s) shall be deducted accordingly until the amount exceeded is fully deducted.
In the event that the catch amount of the species with catch limit of any saury fishing vessel has reached 90% of the allowed individual vessel quota, the competent authority may order such a vessel to stop catching the concerned species by a deadline.
Article 12-6
In case of any of the following conditions, the competent authority shall grant the quota of the current year in accordance with the percentage that the number of month(s) the saury fishing vessel actual fishes accounts for the whole period as referred to in Article 12-2, paragraph 3; shall retrieve the quota on a pro-rata basis from the saury fishing vessel which has been granted the quota; or shall deduct the allowed annual quota for the following year in the event that the quota of the current year is unable to be retrieved from the vessel:
(1) The fishing license of the saury fishing vessel is suspended by the competent authority for one month or above.
(2) The saury fishing vessel is detained in the port by foreign government.
For any saury fishing vessel that has obtained the distant water fisheries permit of the current year but does not leave a port for fishing operation by 30 September of the current year, the competent authority shall retrieve 50% of its individual vessel quota.
Article 12-7
In the event that the following requirements are met, the allowed individual vessel quota of a saury fishing vessel may, through the coordination of the Squid and Saury Association which reports to the competent authority for approval, be transferred to other fishing vessel(s):
(1) The allowed individual vessel quota of the receiving fishing vessel shall not exceed the limit as stipulated in Article 12-3, paragraph 1 after the transfer.
(2) Both the transferring and receiving fishing vessels shall not have been imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in the current year.
(3) In case that the transferring or receiving fishing vessel has been imposed upon a fine or the suspension of the fishing license pursuant to Article 41 of the Act in the current year, such punishment has been paid or executed completely.
Article 12-8
Depending on the quota utilization in the current year, the competent authority may announce the additional quota that can be applied for.
Any saury fishing vessel that meets the following requirements may apply for the additional quota as referred to in the preceding paragraph:
(1) Its allowed individual vessel quota shall be 80% of the quota for individual saury fishing vessel as promulgated pursuant to Article 12-2, paragraph 1.
(2) Its saury catch amount has reached 80% of and not exceeded its allowed individual vessel quota.
In case of any of the following circumstances, the competent authority shall not grant the quota as referred to in paragraph 1:
(1) The catch amount of species with catch limit in the preceding year exceeds 10% or above of the allowed individual vessel quota of that year.
(2) After granting the additional quota, the allowed individual vessel quota exceeds the limit as stipulated in Article 12-3, paragraph 1.
The additional quota acquired in accordance with paragraph 1 shall not be transferred.
Article 12-9
The competent authority may grant premium quota to a saury fishing vessel which cooperates with the competent authority to carry out relevant experiments, researches or management measures.
The premium quota as referred to in the preceding paragraph shall not be transferred.
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