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

Print Time:2024/11/22 07:32
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Chapter Law Content

Chapter V Logbooks and Catch Reports
Article 18
In the event that any saury fishing vessel leaves a port, its captain shall daily report catch data through the E-logbook system designated by the competent authority, and shall also fill in the logbooks designated by the competent authority by fishery types. Catch reports shall be filled in completely and accurately, and where the catch amount is zero, catch reports shall be filled in as well.
In case that there is any discrepancy between any datum recorded in the E-logbook system and the logbook, the datum recorded in the E-logbook system shall prevail.
Article 19
In case that the E-logbook system fails to report catch data on the day, the distant water fisheries operator or the captain shall transmit catch data via facsimile to the competent authority or the commissioned professional institution next day. Such catch data shall be signed by the distant water fisheries operator or the captain.
In the event that the E-logbook system fails to report catch data for three consecutive days, it is deemed as mal-function. The malfunctioning E-logbook system shall be repaired no later than 30 days.
In the event that the E-logbook system onboard is deemed as mal-functional for an accumulative period of 15 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 the personnel dispatched by the competent authority, and the vessel shall not leave the port until the commissioned professional institution has confirmed that such E-logbook system can normally transmit data.
Any expense incurred from port return, port entry and confirmation of the E-logbook system as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.
Article 20
Any salmon, trout, sea turtle, seabird, whale shark, cetacean, penguin or other prohibited species promulgated by the competent authority incidentally caught by any saury fishing vessel shall be released when caught alive or discarded dead, and the number(s) be duly recorded in the logbooks or E-logbook system.
Article 21
Except for saury caught by saury fishing vessels which shall be retained in full and shall not be discarded, any fish species of no economic value or no utilizing value shall be released immediately, and the number(s) discarded shall be duly recorded in the logbooks or the E-logbook system.
For any saury fishing vessel to discard any spoiled catch, the competent authority shall be notified, in advance of the discard, of the species, amount, and fishing period, and proving documents shall be provided for examination after the discard.
In case that the catch discarded pursuant to the preceding paragraph is fish species with catch limit, the amount discarded shall be counted as the amount of the quota used.
Article 22
In case of bycatch of sharks by any saury fishing vessel, fins shall not be fully cut off and shall be naturally attached to carcasses for the disposal of shark fins, and the species and number(s) of sharks shall be duly recorded in the logbooks or the E-logbook system.
Article 23
The E-logbook data or the logbook(s) submitted shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.
Article 24
The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any saury fishing vessel and the actual landing amount shall not exceed the following margins:
(1) For fish species with catch limit: 10% of the actual landing amount.
(2) For species except for those referred to in the preceding subparagraph: 25% of the actual landing amount.
In case that the discrepancy exceeds the ratio as referred to in the preceding paragraph, whereas the following provisions are met, the competent authority, at its discretion, may deem such situation as non-misreporting:
(1) For fish species with catch limit, the discrepancy is less than two metric tons.
(2) For species except for those referred to in the preceding subparagraph, the discrepancy is less than six metric tons.
Any of the following conditions shall be defined as “seriously misreporting” as referred to in subparagraph (12) of Article 13, paragraph 1 of the Act:
(1) For fish species with catch limit, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds two metric tons as well as 20% of the actual landing amount.
(2) For species except for those referred to in the preceding subparagraph, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds six metric tons as well as 50% of the actual landing amount.
For transshipping saury catches from a saury fishing vessel to a processing vessel or an auxiliary vessel, the transshipment amount recorded in the Transshipment Declaration shall be deemed as the actual landing amount.
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