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

Print Time:2024/11/22 08:03
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Chapter Law Content

Chapter V Catch Limits or Quotas
Article 21
For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “fish species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the Act means bigeye tuna, north Atlantic albacore tuna, south Atlantic albacore tuna, north Atlantic swordfish, south Atlantic swordfish, blue marlin, south Atlantic shortfin mako, and white marlin/roundscale spearfish.
Article 22
The annual total catch quota (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions) of the Republic of China in the Atlantic Ocean and the quota for individual tuna longline fishing vessel shall be promulgated by the competent authority in accordance with the 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 tuna longline 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 from January 1 to December 31 of the current year.
The total remaining quota of the current year in the Atlantic Ocean may be arranged by the competent authority.
Article 22-1
The allowed annual individual vessel quota of a tuna longline fishing vessel shall not exceed the limitations set out as follows:
(1) Bigeye tuna group: 400 metric tons of bigeye tuna.
(2) North albacore tuna group: 600 metric tons of north Atlantic albacore tuna.
(3) South albacore tuna group: 700 metric tons of south Atlantic albacore tuna.
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 23
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the tuna longline fishing vessel.
For any tuna longline fishing vessel that has not obtained the distant water fisheries permit of the entire year, the quota shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole year. Notwithstanding such provision, in the event that the ownership of any tuna longline 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 year, the unused individual vessel quota allowed for 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 individual vessel quota allowed for the tuna longline fishing vessel concerned in the current year:
(1) Loss of the vessel, or the damage of the 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 24
The catch amount of the fish species with catch limit for any tuna longline fishing vessel shall not exceed the allowed individual vessel quota for the current year. In case of excess, the allowed annual quota of such 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 fish species with catch limit of any tuna longline fishing vessel has reached 90% of the allowed individual vessel quota, the competent authority may order such vessel to stop catching the concerned species by a deadline.
Article 25
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 tuna longline fishing vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the tuna longline fishing vessel which has been granted the quota; or shall deduct the quota allocated for the following year in the event that the quota of the current year is unable to be retrieved from the vessel:
(1) The tuna longline fishing vessel is punished by the competent authority of the suspension of the fishing license for one month and above.
(2) The tuna longline fishing vessel is detained in the port by foreign government.
For any fishing vessel approved to be engaged in fisheries cooperation by means of being chartered, the quota shall not be granted to such vessel during the period of such fisheries cooperation. In case that the quota has been granted, the competent authority shall retrieve the quota of the current year in accordance with the percentage that the number of month(s) for fisheries cooperation accounts for the whole year. In case that the quota of the current year is unable to be retrieved, the competent authority shall deduct the quota allocated for such vessel in the following year.
Article 26
For any tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 13, its individual vessel quota for the remaining period of its permit shall be the remaining allowed individual vessel quota of that other vessel, and shall not exceed the limits as stipulated in Article 22-1, paragraph 1.
Article 27
In the event that the following requirements are met, the bigeye tuna quota of a fishing vessel of the bigeye tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, be transferred to other fishing vessel(s) of the bigeye tuna group:
(1) The bigeye tuna quota of the receiving fishing vessel shall not exceed the limit as stipulated in subparagraph (1) of Article 22-1, 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 Actin 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.
In the event that any fishing vessel of the bigeye tuna group has transferred accumulated 30 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for one month in the current year; for the transfer of accumulated 60 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the start and end dates of the period and the berthing location shall be specified at the time when applying for the approval of transferring quota from the competent authority. In case that a fishing vessel does not meet the provisions as stipulated in the preceding paragraph, the competent authority may deny the application of quota transfer, or revoke the approval already granted.
Article 28
In the event that the following requirements are met, the albacore tuna quota of a fishing vessel of the north albacore tuna group or the south albacore tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, transfer to other fishing vessel(s) of the same group:
(1) The albacore tuna quota of the receiving fishing vessel shall not exceed the limit as stipulated in subparagraph (1) of Article 22-1, 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.
In the event that any fishing vessel of the north or south albacore tuna group has transferred accumulated 30 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for one month in the current year; for the transfer of accumulated 60 metric tons of albacore tuna quota, it shall enter into a port for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the start and end dates of the period and the berthing location shall be specified at the time when applying for the approval of transferring quota from the competent authority. In case that a fishing vessel does not meet the provisions as stipulated in the preceding paragraph, the competent authority may deny the application of quota transfer, or revoke the approval already granted.
Article 29
The competent authority may, depending on the catch amount of each species in the current year, reallocate the total remaining quota of the Atlantic Ocean.
The re-allocated quota acquired in accordance with the preceding paragraph shall not be transferred.
Article 30
The competent authority may, after May of each year, announce the additional quota that can be applied for in accordance with the groups of tuna longliner fishing vessels.
For the application of the additional quota as referred to in the preceding paragraph, the catch amount of the fishing vessel shall reach 80% of the allowed individual vessel quota.
In case that, with the additional quota applied pursuant to the preceding paragraph, the allowed individual vessel quota exceeds the limits as stipulated in Article 22-1, paragraph 1, the competent authority will not grant the part of the quota that exceeds the limit.
The additional bigeye tuna, north Atlantic albacore tuna, and south Atlantic albacore tuna quota acquired in accordance with paragraph 1 shall not be transferred.
Article 31
The competent authority may grant premium quota to the tuna longline 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.
Article 32
For any fishing vessel of the bigeye tuna group that obtains the permit to fish in the north albacore tuna fishing area or the south albacore tuna fishing area pursuant to Article 9, the competent authority shall allocate, in accordance with the number of months approved, 33.3 metric tons of north or south Atlantic albacore tuna quota per month to individual vessel, and the bigeye tuna quota of such vessel shall be deducted by 10 metric tons per month which will be retrieved by the competent authority for arrangement.
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