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

Print Time:2024/11/22 07:31
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Chapter Law Content

Title: Regulations for Tuna Longline or Purse Seine Fishing Vessels Proceeding to the Pacific Ocean for Fishing Operation CH
Category: Ministry of Agriculture(農業部)
Attachment:
Chapter V Catch Limits or Quotas
Article 29
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.
Article 30
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 Pacific Ocean and the individual catching vessel quota shall be promulgated by the competent authority in accordance with the conservation and management measures.
The percentage of the annual total catch quota in the WCPFC Convention Area allocated to the large scale longliners and small scale longliners fleets is 57% and 43% respectively.
In the event that the total catch amount of a species with catch limit has reached 95% of the annual total catch quota as referred to in paragraph 1, the competent authority may order the whole catching vessels to stop catching the concerned species by a deadline.
In the event that the total catch amount has reached 95% of the quota allocated to large or small scale longliners fleet as referred to in paragraph 2, the competent authority may order the large or small scale longliners 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.
In case that the number of fishing vessels obtaining the distant water fisheries permits of each group in the current year does not exceed the limit, the total remaining quota may be arranged by the competent authority.
Article 31
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the catching vessel.
For any catching 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 catching 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 catching 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 catching 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.
The allowed individual vessel quota as referred to in the preceding two paragraphs 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 32
The catch amount of the fish species with catch limit or that of striped marlin for any catching 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 catch 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 33
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 catching vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the catching 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 catching vessel is punished by the competent authority of the suspension of the fishing license for one month or above.
(2) The catching vessel is detained in the port by foreign government.
For any catching 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 allowed annual of such vessel in the following year.
Article 34
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding paragraph means that the bigeye tuna catch amount of the fishing vessel during six months exceeds 50% and above of its total catch amount of the same period.
Any small scale longliner fishing in the area north of the equator shall not target albacore tuna.
The targeting of albacore tuna as referred to in the preceding paragraph means that the albacore tuna catch amount of the fishing vessel during six months exceeds 50% and above of its total catch amount of the same period.
Article 35
For any tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 18, its individual vessel quota for the remaining period of its permit shall be the remaining allowed quota of that other vessel, and its annual individual vessel quota of bigeye tuna shall not exceed the limits as follows:
(1) For any large scale longliner: 330 metric tons.
(2) For any fishing vessel of the frozen yellowfin tuna group: 40 metric tons.
Article 36
Any large scale longliner may, at its discretion, transfer its bigeye tuna quota allocated for each of its fishing areas in the Pacific Ocean and shall report such transfer to the competent authority for perusal. The total bigeye tuna quota allocated to the individual large scale longliner in the WCPFC Convention Area shall remain the same before and after the transfer.
Article 37
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 330 metric tons after the transfer; and
(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 38
Fishing vessels of albacore tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, transfers their bigeye tuna quotas of different fishing areas to each other. The total bigeye tuna quota of such fishing vessel in the Pacific Ocean shall remain the same before and after the transfer.
Article 39
Depending on the quota utilization in the current year, the competent authority may announce the additional bigeye tuna quota that can be applied for.
For the application of the additional quota as referred to in the preceding paragraph, the catch amount of bigeye tuna shall not exceed the allowed individual vessel quota and the following provisions shall be met:
(1) For the fishing vessel of bigeye tuna group: such fishing vessel has received the bigeye tuna quota from other vessel(s), reaches 330 metric tons of allowed individual vessel quota of bigeye tuna, and has used 70% of its allowed individual vessel quota of bigeye tuna.
(2) For the fishing vessel of frozen yellowfin tuna group: such fishing vessel has used 70% of its allowed individual vessel quota of bigeye tuna.
(3) For the fishing vessel of the general group: such fishing vessel has used 80% of the its allowed individual vessel quota of bigeye tuna.
The maximum additional quota for each fishing vessel as referred to in the preceding paragraph shall be limited as follows:
(1) For the fishing vessel of bigeye tuna group: 70 metric tons.
(2) For the fishing vessel of frozen yellowfin tuna group: 40 metric tons.
(3) For the fishing vessel of the general group: the competent authority will announce whether any additional quota can be applied for depending on the quota utilization in the current year.
The additional bigeye tuna quota acquired pursuant to paragraph 1 shall not be transferred.
Article 40
The competent authority may grant premium quota to the catching vessel which cooperates with the competent authority to carry out relevant experiments, researches or management measures.
12.5 metric tons of premium quota of bigeye tuna may be granted for every accumulated 15 fishing days of any fishing vessel of the bigeye tuna group fishing in the east bigeye tuna fishing area, and the maximum of the premium quota granted may be 50 metric tons. The individual vessel quota of bigeye tuna and the premium quota of such fishing vessel shall not be more than 400 metric tons in total.
The premium quota as referred to in the preceding paragraph shall not be transferred.
Article 41
Except for fishing vessels of seasonal sharks group, any tuna longline fishing vessel fishing in the WCPFC Convention Area shall not target sharks.
The targeting of sharks as referred to in the preceding paragraph means the catch amount of sharks during six months exceeds 50% of the total catch amount of the same period.
Article 42
For any tuna longline fishing vessel fishing in the IATTC Convention Area, its catch amount of silky sharks in one fishing trip shall not exceed 20% of its total catch amount of the same fishing trip.
In case that the fishing vessel as referred to in the preceding paragraph fishes with hooks at a depth shallower than 100 meters, the catch of silky sharks of less than 100 centimeters total length shall not exceed 20% of the total number of silky sharks caught during one fishing trip.
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