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

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

Chapter IV Management of Vessel Position Reporting
Article 13
The ALC on board shall be maintained functional at all time, whether at sea or in port.
The ALC on board any fishing vessel shall automatically transmit at least one vessel position in every hour.
Fees for the services and communications of the ALC shall be borne by distant water fisheries operators.
Except for the purpose of repair or replacement approved by the competent authority, any ALC which has been installed on board and has transmitted a vessel position shall not be removed from the fishing vessel.
Article 14
In case that a fishing vessel needs to stay in a domestic port for three days or above; or in a foreign port for repair; or in a foreign port for seven days or above, its distant water fisheries operator may apply to the competent authority with documentary proof for switching off the ALC, which may only be switched off after obtaining approval.
In the case of a fishing vessel applying for switching off the ALC during its stay in a foreign port for purposes except for repair, a photograph showing the berthing of such fishing vessel shall be provided weekly. The competent authority may order to switch on the ALC concerned in case of failing to provide the photograph in due course.
The period of switching off the ALC as approved in accordance with paragraph 1 shall not exceed six months for each application. Extension may be applied by the distant water fisheries operator concerned in accordance with the preceding provision before the period is expired.
Any fishing vessel shall not leave the port during the period of switching off the ALC.
In the event that the ALC onboard is rebooted, the fishing vessel may only leave the port after the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.
Article 15
Any fishing vessel shall carry at least one spare set of ALC on board.
In case that the identification number of the ALC on board has been changed, the distant water fisheries operator shall notify the competent authority or the commissioned professional institution in writing.
Article 16
The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC twice consecutively. In the event that the ALC is signal-lost for three consecutive days, it is deemed as malfunction.
The malfunctioning ALC shall be repaired no later than 30 days.
In the event that the ALC on board is signal-lost or mal-functional, the distant water fisheries operator or the captain shall immediately send information related to vessel positions by facsimile to the commissioned professional institution. The vessel positions shall be recorded by automatic recording satellite navigator for perusal in later days.
The transmit of vessel positions as referred to in the preceding paragraph shall be hourly for any fishing vessel.
In the event that the ALC on board is mal-functional, the competent authority shall be notified of using the spare set. In case that the spare set is also mal-functional, the spare set from other fishing vessel may be deployed after obtaining the competent authority’s approval.
Article 17
In the event that the ALC onboard is deemed as signal-lost for an accumulative period of five days and above during one fishing trip, the competent authority may order such fishing vessel to stop fishing immediately and directly navigate to a designated port within the required timeframe for repair and inspection(s) conducted by personnel dispatched by the competent authority, and such vessel shall not leave the port until the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.
Any expense incurred from port return, port entry and confirmation of position transmitting as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.
Article 17-1
For any fishing vessel that is not within the water under the national jurisdiction of the Republic of China and without a valid distant water fisheries permit, it shall still maintain its ALC operational year-round, and Article 13 to 17 shall apply to such vessel.
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