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Title: Act for Distant Water Fisheries CH
Category: Ministry of Agriculture(農業部)
Chapter IV Penal Provisions
Article 35
Any person who commits any of the following violations shall be subject to imprisonment of 3 years or under, or in lieu thereof or in addition thereto, a criminal fine of 6 million to 30 million New Taiwan Dollars:
(1) Not navigating to the designated port within the required timeframe set by the competent authority pursuant to Article 18, paragraph 1 or Article 20, paragraph 2; or
(2) Navigating a fishing vessel out of a port in violation of Article 21, and not navigating to the designated port within the required timeframe set by the competent authority.
In case that a representative of any legal person, or an agent, employee, or other person engaged in the relevant business activities of a legal or natural person commits the violations as stipulated in the preceding paragraph in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in the preceding paragraph shall also be imposed upon the legal or natural person concerned.
In case that a distant water fisheries operator or a distant water fisheries employee commits, for the first time, any of the violations as stipulated in paragraph 1, the competent authority may suspend the fishing license of the distant water fisheries operator for 2 years or under, or revoke the fishing license. In case that a distant water fisheries operator whose fishing license has been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the fishing license shall be revoked.
The competent authority may impose on any distant water fisheries employee that commits, for the first time, any of the violations as stipulated in paragraph 1 the suspension of Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under or revocation. In case that a distant water fisheries employee whose Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers have been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers shall be revoked.
Article 36
In case that any distant water fisheries operator or distant water fisheries employee commits any of the serious infringements as stipulated in Article 13, paragraph 1, a fine shall be imposed upon the distant water fisheries operator concerned in accordance with the following provisions, and the concerned fishing license may be suspended for 2 years or under or be revoked:
(1) For any fishing vessel 500 Gross Tonnage (GT) or above: a fine between 6 million and 30 million New Taiwan Dollars.
(2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 4 million and 20 million New Taiwan Dollars.
(3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 2 million and 10 million New Taiwan Dollars.
(4) For any fishing vessel less than 50 GT: a fine between 1 million and 5 million New Taiwan Dollars.
In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to the provisions as stipulated in the preceding paragraph, an amount of a fine for up to 5 times of the value of such catch or fisheries products shall be imposed.
In case that any distant water fisheries operator or distant water fisheries employee commits the same provision of serious infringement as stipulated in Article 13, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 13, paragraph 1 for 3 times within 3 years, a fine shall be imposed upon the distant water fisheries operator concerned in accordance with the following provisions and the concerned fishing license shall be suspended between 2 and 3 years or be revoked:
(1) For any fishing vessel 500 GT or above: a fine between 9 million and 45 million New Taiwan Dollars.
(2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 6 million and 30 million New Taiwan Dollars.
(3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 3 million and 15 million New Taiwan Dollars.
(4) For any fishing vessel less than 50 GT: a fine between 1.5 million and 7.5 million New Taiwan Dollars.
In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to the provisions as stipulated in the preceding paragraph, an amount of a fine for up to 8 times of the value of such catch or fisheries products shall be imposed.
In case that any distant water fisheries employee who commits any of the serious infringements as stipulated in Article 13, paragraph 1, a fine shall be imposed upon the distant water fisheries employee concerned in accordance with the following provisions, and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under or be revoked:
(1) For any fishing vessel 500 GT or above: a fine between 1.2 million and 6 million New Taiwan Dollars.
(2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 800 thousand and 4 million New Taiwan Dollars.
(3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 400 thousand and 2 million New Taiwan Dollars.
(4) For any fishing vessel less than 50 GT: a fine between 200 thousand and 1 million New Taiwan Dollars.
In case that any distant water fisheries employee commits the same provision of serious infringement as stipulated in Article 13, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 13, paragraph 1 for 3 times within 3 years, a fine shall be imposed upon the distant water fisheries employee concerned in accordance with the following provisions and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers shall be revoked:
(1) For any fishing vessel 500 GT or above: a fine between 1.8 million and 9 million New Taiwan Dollars.
(2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between1.2 million and 6 million New Taiwan Dollars.
(3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 600 thousand and 3 million New Taiwan Dollars.
(4) For any fishing vessel less than 50 GT: a fine between 300 thousand and 1.5 million New Taiwan Dollars.
The value of catch or fisheries products as referred to in paragraphs 2 and 4 shall be calculated based on the average prices of such catch or fisheries products in domestic fish markets in the preceding 3 years.
Article 36-1
For any of the following violations, a fine of 6 million New Taiwan Dollars to 30 million New Taiwan Dollars shall be imposed:
(1) Importing any catch or fisheries product that is involved in IUU fishing activities, in violation of Article 14-1, paragraph 1.
(2) Importing any catch or fisheries product from the certain nation(s) or area(s) announced by the competent authority, in violation of Article 14-1, paragraph 3.
In case that any of the violation stipulated in the preceding paragraph is committed for 2 times within 1 year, a fine of 9 million New Taiwan Dollars to 45 million New Taiwan Dollars shall be imposed.
Article 37
In case that any foreign flagged fishing vessel conducts any of the following activities, the offender(s) shall be subject to a fine between 6 million and 30 million New Taiwan Dollars:
(1) Violating Article 22, paragraph 1, for entering ports of the ROC without the permission from the competent authority.
(2) Evading, obstructing, or refusing any inspection conducted by the competent authority pursuant to Article 23, paragraph 1, or refusing to answer to any inspector’s queries, or making false statement.
In case that any foreign flagged fishing vessel commits the same provision of violation as referred to in the preceding paragraph for 2 times within 3 years, or different violations as referred to in the preceding paragraph for 3 times within 3 years, a fine between 9 million and 45 million New Taiwan Dollars shall be imposed upon the offender(s).
In case that any foreign flagged fishing vessel violates the regulations prescribed pursuant to Article 22, paragraph 3 concerning the advance notifications of landing, areas and times for landing, management, and other requirements, a fine between 500 thousand to 2.5 million New Taiwan Dollars shall be imposed upon the offender(s).
In case that the fine imposed pursuant to the preceding three paragraphs is not paid within the timeframe, the competent authority may prohibit the fishing vessel from port departure. Notwithstanding this provision, in case that equivalent collateral has been provided, the prohibition of port departure may be exempted.
In case that a vessel is found to be a stateless vessel after an inspection conducted by the competent authority pursuant to Article 23, paragraph1, such vessel and its catch and fisheries products shall be confiscated and the catch and fisheries products shall be destroyed.
Article 38
Industry related to distant water fisheries that commits any of the following violations shall be subject to a fine between 6 million and 30 million New Taiwan Dollars:
(1) Conducting export trade of catch or fisheries products of distant water fisheries without prior approval, in violation of Article 25, paragraph 3.
(2) Conducting any serious infringement as stipulated in subparagraphs (11), (14), (15), and (17) to (19) of Article 13, paragraph 1.
Industry related to distant water fisheries that conducts export trade of catch or fisheries products of distant water fisheries violates the regulations on declarations and write-off of sales of catch or fisheries products as prescribed pursuant to Article 25, paragraph 4 shall be subject to a fine between 2 million and 10 million New Taiwan Dollars.
In case that industry related to distant water fisheries violates any provisions as stipulated in subparagraph (2) of paragraph 1 or in the preceding paragraph, the competent authority shall suspend its export qualification of catch and fisheries products of distant water fisheries for 2 years or under, or revoke the qualification.
In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to paragraph 1 or 2, an amount of a fine for up to 5 times of such catch or fisheries products shall be imposed.
In case that industry related to distant water fisheries commits the same violation as stipulated in subparagraph (1) of paragraph 1, or the same provision of serious infringement as stipulated in subparagraph (2) of paragraph 1, for 2 times within 3 years, or commits any violations as stipulated in paragraph 1 for 3 times within 3 years, a fine between 9 million and 45 million New Taiwan Dollars shall be imposed, and the export qualification of catch and fisheries products of distant water fisheries shall be suspended between 2 and 3 years, or be revoked.
In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to the preceding paragraph, an amount of a fine for up to 8 times of the value of such catch or fisheries products shall be imposed.
The value of catch or fisheries products as referred to in paragraphs 4 and 6 shall be calculated based on the average prices of such catch or fisheries products in domestic fish markets in the preceding 3 years.
Article 39
Any person with the nationality of the ROC, except for a distant water fisheries operator, a distant water fisheries employee, and industry related to distant water fisheries, that commits any of the serious infringements as stipulated in Article 13, paragraph 1 shall be subject to a fine between 3 million and 15 million New Taiwan Dollars. Any person with the nationality of the ROC, except for a distant water fisheries operator, a distant water fisheries employee, and industry related to distant water fisheries, that violates Article 14, paragraph 1 shall be subject to a fine between 2 million and 10 million New Taiwan Dollars.
Any person with the nationality of the ROC, except for a distant water fisheries operator, a distant water fisheries employee, and industry related to distant water fisheries, that commits the same provision of the serious infringement as stipulated in Article 13, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 13, paragraph 1 for 3 times within 3 years, shall be subject to a fine between 4.5 million and 22.5 million New Taiwan Dollars. Any person with the nationality of the ROC, except for a distant water fisheries operator, a distant water fisheries employee, and industry related to distant water fisheries, that violates Article 14, paragraph 1 for 3 times within 3 years shall be subject to a fine between 3 million and 15 million New Taiwan Dollars.
Article 40
Any person that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to a fine between 2 million and 10 million New Taiwan Dollars. Any person that commits such violation for 2 times within 1 year shall be subject to a fine between 3 million and 15 million New Taiwan Dollars.
Any distant water fisheries operator or distant water fisheries employee that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to suspension of the concerned fishing license of such distant water fisheries operator for 2 years or under, or revocation of the concerned fishing license. Any distant water fisheries operator or distant water fisheries employee that commits such violation for 2 times within 1 year shall be subject to suspension of the concerned fishing license of such distant water fisheries operator between 2 and 3 years or revocation of the concerned fishing license.
Any distant water fisheries employee that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to suspension of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under, or revocation of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers. Any distant water fisheries employee whose Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers have been suspended for refusing to provide information required by the competent authority pursuant to Article 15 commits such violation for 2 times within 1 year shall be subject to revocation of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers.
Article 41
In case that any distant water fisheries operator or distant water fisheries employee commits any of the following violations, such distant water fisheries operator shall be subject to a fine between 500 thousand and 2.5 million New Taiwan Dollars, and the concerned fishing license may be suspended for 2 years or under, or be revoked:
(1) Violating provisions of the regulations concerning the management of fishing vessels as stipulated pursuant to Article 10, paragraph 2, except for those belonging to the serious infringements.
(2) Violating provisions of the regulations concerning matters to be reported, reporting procedures, or inspections of transshipment and landing in port as stipulated pursuant to Article 11, paragraph 3.
(3) Violating provisions of the regulations concerning items of fishing activities and manners of cooperation as stipulated pursuant to Article 12, paragraph 3.
(4) Violating provisions of the regulations concerning the special management measures on fisheries cooperation limitations, t reporting frequency of vessel positions, catch reporting, landing inspections, and transshipment limitations as stipulated pursuant to Article 24, paragraph 2.
(5) Violating provisions of the regulations concerning conditions for permission, period(s), and management as stipulated pursuant to Article 31, paragraph 3.
Any distant water fisheries operator or distant water fisheries employee that commits the same violation as stipulated in the preceding paragraph for 2 times within 1 year, or commits different violations as stipulated in the preceding paragraph for 3 times within 1 year shall be subject to a fine between 750 thousand and 3.75 million New Taiwan Dollars, and the concerned fishing license of the distant water fisheries operator may be suspended for 2 years or under or be revoked.
Any distant water fisheries employee who commits any of the violations as referred to in paragraph 1 shall be imposed upon a fine between 100 thousand and 500 thousand New Taiwan Dollars and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under, or be revoked.
Any distant water fisheries employee that commits the same violation as stipulated in paragraph 1 for 2 times within 1 year, or commits different violations as stipulated in paragraph 1 for 3 times within 1 year shall be subject to a fine between 150 thousand and 750 thousand New Taiwan Dollars, and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under or be revoked.
Article 42
Any person that recruits foreign crew members as a recruitment agent without authorization shall be subject to a fine between 4 million and 20 million New Taiwan Dollars.
Any recruitment agent that violates provisions of the regulations on rights and interests of recruitment agents, distant water fisheries operators, and foreign crew members, contents of contracts, or management responsibilities as stipulated pursuant to Article 26, paragraph 3 shall be subject to a fine between 1 million and 5 million New Taiwan Dollars. The qualification for such agent may be revoked and the security deposit may be confiscated.
Any distant water fisheries operator that commits any of the following violations shall be subject to a fine between 50 thousand and 250 thousand New Taiwan Dollars, and the concerned fishing license of such distant water fisheries operator may be suspended for 1 year or under:
(1) Employing overseas any foreign crew member without the permission from the competent authority, in violation of Article 26, paragraph 1.
(2) Violating provisions of the regulations on rights and interests of distant water fisheries operators and foreign crew members, contents of contracts, or management responsibilities as stipulated pursuant to Article 26, paragraph 3.
Article 43
In addition to the penalties imposed pursuant to Article 36, paragraphs 1 and 2; Article 38, paragraphs 1, 2 and 4; Article 39, paragraph 1; and Article 41, paragraph 1, the concerned catch or fisheries products caught, transshipped, purchased or sold, or sold on assignment, or fishing gears involved may also be confiscated, regardless of the ownership.
In addition to the penalties imposed pursuant to Article 36, paragraphs 3 and 4; Article 38, paragraphs 5 and 6; Article 39, paragraph 2; and Article 41, paragraph 2, the concerned catch or fisheries products caught, transshipped, purchased or sold, or sold on assignment, or fishing gears involved shall be confiscated, regardless of the ownership.
In addition to the punishments imposed pursuant to Article 36, the concerned fishing vessels that caught or transshipped may also be confiscated, regardless of the ownership.
In case that the whole or part of such catch, fisheries products, fishing gears, or fishing vessels as referred to in the preceding three paragraphs cannot be confiscated, the value of such catch, fisheries products, fishing gears or fishing vessels shall be collected.
Article 44
In the event that a fishing vessel confiscated pursuant to the provisions stipulated in Article 43 is listed on a IUU fishing vessel list of any international fisheries organization, the competent authority may apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality.
In the event that a fishing vessel whose fishing license was withdrawn pursuant to the Fisheries Act before the Act becomes effective and which is listed on a IUU fishing vessel list of any international fisheries organization fails to comply with the order of the competent authority to return to domestic ports within required timeframe, the competent authority may confiscate such fishing vessel, and apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality.
Article 45
The competent authority may announce names, ID numbers, addresses of persons or companies, and Chinese/English names and CT numbers of vessels that are being punished pursuant to Article 35, paragraphs 3 and 4, and Articles 36 to 41, and violations being committed.