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

Print Time:2024/11/22 11:05
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Chapter Law Content

Chapter VI The Designation and Management of Ports for Transshipment or Landing
Article 25
Any squid jigging fishing vessel intending to transship or land in port shall be limited to the following ports:
(1) Foreign ports:
i. Eastern Pacific Ocean fishing area: Callao, Peru.
ii. North Pacific Ocean fishing area: Busan, Korea.
iii. Southwestern Atlantic Ocean fishing area: Montevideo, Uruguay; and Port Stanley, Falkland Islands.
(2) Domestic ports: Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port of Kaohsiung City.
For any landing or in-port transshipment approved by the competent authority to be conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port, the landing or in-port transshipment may be conducted at any of these ports within the timeframe approved.
Any fishing vessel intending to landing in port(s) in mainland China shall be limited to the designated ports stipulated in the Regulations on Permission and the Management of Fishing Vessels Sailing to Mainland China.
Article 26
Any carrier vessel of the Republic of China that intends to transship catches from squid jigging fishing vessel(s) shall obtain the distant water fisheries permit.
Any carrier vessel intending to transship catches from squid jigging fishing vessel(s) shall be installed with the ALC which meets the standards specified by the competent authority, report its position hourly to the commissioned professional institution, and meet the following requirements:
(1) Any carrier vessel intending to transship catches caught from squid jigging fishing vessel(s) of the eastern Pacific Ocean fishing area shall be on the list of authorized vessels of the South Pacific Regional Fisheries Management Organization (hereinafter referred to as “SPRFMO”) and shall carry an observer.
(2) Any carrier vessel intending to transship catches caught from squid jigging fishing vessel(s) of the north Pacific Ocean fishing area shall be on the approved vessels list of the North Pacific Fisheries Commission (hereinafter referred to as “NPFC”).
(3) Any carrier vessel intending to transship catches caught from squid jigging fishing vessel(s) of the southwestern Atlantic Ocean fishing area shall obtain the operation permit from the flag State concerned.
Article 27
Any carrier vessel of the Republic of China shall not transship with, refuel, or supply any fishing vessel not on the approved vessels list of the NPFC or the list of authorized vessels of the SPRFMO, or any fishing vessel that has altered its name or registration number.
For any fishing vessel intending to engage in transshipment, supply, or refueling with other vessel(s) in the Convention Area of the NPFC or SPRFMO, it shall not engage in such activities with vessel(s) not on the approved vessels list of the NPFC or the list of authorized vessels of the SPRFMO, or vessel(s) that has altered its name or registration number.
Article 28
In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catches from squid jigging fishing vessel(s) on the non-cooperative carriers list:
(1) The foreign carrier vessel has violated any provision regarding vessel position reporting; or
(2) The foreign carrier vessel has violated any provision regarding transshipment or landing.
Article 29
For any carrier vessel intending to transship at sea, the distant water fisheries operator shall submit the transshipment plan and relevant information (as shown in Appendix 4) and apply to the competent authority five days before the transshipment at sea for approval. In case that the last day for filing the application is a day-off, the application shall be made on the working day before the day-off.
Any foreign carrier vessel shall, with the enclosure of relevant information as shown in Appendix 4, apply to the competent authority for approval before conducting the transshipment in port with any squid jigging fishing vessel for the first time in the current year.
In case of any addition to the list of squid jigging fishing vessel(s) in the transshipment plan authorized by the competent authority, the application shall be submitted two working days before making such addition to the competent authority for approval. The transshipment with the concerned squid jigging fishing vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.
Article 30
In case of any of the following circumstances, the application of in-port transshipment or the transshipment plan as referred to in Article 29 shall be denied:
(1) The carrier vessel concerned does not meet the requirements stipulated in Article 26.
(2) Three years have not passed since the carrier vessel concerned was listed on the non-cooperative carriers list, or one year has not passed since the carrier vessel was listed on the non-cooperative carriers list for not submitting the transshipment declaration to the competent authority or the NPFC Secretariat within the required timeframe, in violation of Article 35.
(3) The fine for violating the Act imposed on the carrier vessel concerned has not been paid completely.
Article 31
Any squid jigging fishing vessel and carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment.
Any (distant water fisheries) operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the transshipment notification (as shown in Appendix 5 for the eastern Pacific Ocean fishing area and southwestern Atlantic Ocean fishing area, Appendix 5-1 for the north Pacific Ocean fishing area) and submit it to the competent authority no later than three days before the estimated date for transshipment. In case that the last day for filing the application is a day-off, the application shall be made on the working day before the day-off. Notwithstanding such provision, in case of force majeure that prevents a vessel from applying by the deadline for transshipping catches caught from the north Pacific Ocean fishing area, the application shall be filed before the completion of the concerned transshipment.
Squid jigging fishing vessels and carrier vessels approved by the competent authority to transship shall comply with the following requirements:
(1) In the case of transshipping catches caught from the eastern Pacific Ocean fishing area:
i. The transshipment may be conducted within 72 hours after the approved time for transshipment, but shall only be conducted within 50 nautical miles of the approved location for transshipment.
ii. The (distant water fisheries) operator or the captain concerned shall, 24 hours before the estimated time for transshipment, fill in the transshipment notification (format as shown in Appendix 5) and apply to the competent authority for the change of transshipment time and/or location, if the transshipment cannot be conducted within the timeframe or range as referred to in the preceding item. Any application made after the timeframe shall be denied. In case that other matter(s) is also changed in addition to the transshipment time and/or location, a new application shall be made in accordance with the preceding paragraph.
iii. If an approved transshipment is cancelled, the concerned operators or captains of the squid jigging fishing vessel and carrier vessel shall notify the competent authority within three days after the approved period for transshipment.
(2) In the case of transshipping catches caught from the north Pacific Ocean fishing area:
i. The transshipment may be conducted within 24 hours after the approved time for transshipment, but shall only be conducted within 20 nautical miles of the approved location for transshipment. Notwithstanding such provision, from 24 July 2024 onward, for any transshipment notification made to the NPFC Secretariat via the NPFC Transshipment Record, such transshipment may be conducted within 72 hours after the approved time for transshipment, but shall only be conducted within 50 nautical miles of the approved location for transshipment.
ii. The (distant water fisheries) operator or the captain concerned shall, 24 hours before the estimated time for transshipment, fill in the transshipment notification (as shown in Appendix 5-1) and apply to the competent authority for the change of transshipment time and/or location, if the transshipment cannot be conducted within the timeframe or range as referred to in the preceding item. Any application made after the timeframe shall be denied. In case that other matter(s) is also changed in addition to the transshipment time and/or location, a new application shall be made in accordance with the preceding paragraph.
iii. When filing an application in accordance with the preceding paragraph or item, the (distant water fisheries) operator or captain concerned shall simultaneously, or no later than 24 hours before the estimated time for transshipment, submit the transshipment notification (as shown in Appendix 5-1) to the NPFC Secretariat. In case of force majeure that prevents a vessel from submitting such notification within the timeframe, the notification shall be submitted before the completion of the transshipment.
iv. If an approved transshipment is cancelled, the concerned operators or captains of the squid jigging fishing vessel and carrier vessel shall notify the competent authority and the NPFC Secretariat within three days after the approved period for transshipment.
(3) In the case of transshipping catches caught from the southwestern Atlantic Ocean fishing area:
i. The transshipment may be conducted on the approved date for transshipment or within three days before or five days after the approved date. Notwithstanding such provision, the actual transshipment date shall not be within two days after the application date.
ii. The (distant water fisheries) operator or the captain concerned may, before the end of the timeframe, apply for the change of transshipment date, if the transshipment cannot be conducted within the timeframe as referred to in the preceding item. The transshipment shall only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.
Article 32
For any squid jigging fishing vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority shall not authorize such vessel to transship at sea:
(1) The ALC on board is mal-functional and has not been repaired.
(2) There is concrete evidence to identify such vessel has involved in any serious infringement as prescribed in subparagraph (4) to (14) or (18) of Article 13, paragraph 1 of the Act.
(3) The discrepancy between the amount to be transshipped and the catch amount reported through the E-logbook system exceeds 20% of the latter.
In case that, for the catches to be transshipped, it is suspected that the squid jigging vessel or carrier vessel concerned has operated within the water under the jurisdiction of any other country without valid permission, the competent authority may not authorize such vessel to transship at sea.
Article 33
In the event that the catch of any squid jigging fishing vessel has been landed in a port and is subsequently transported by a carrier vessel for port departure, it shall be deemed as transshipment, and Article 31 shall apply.
Article 34
The squid jigging fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 31 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.
Article 35
For any carrier vessel that receives catches, it shall separate catches from each individual squid jigging fishing vessel, fill in transshipment declaration(s) (as shown in Appendix 6 for the eastern Pacific Ocean fishing area and southwestern Atlantic Ocean fishing area, Appendix 6-1 for the north Pacific Ocean fishing area), and shall place onboard the transshipment declaration(s) for the transshipment(s) conducted within the current trip for inspection.
The (distant water fisheries) operators or the captains of any squid jigging fishing vessel and carrier vessel shall, within five working days after the completion of a transshipment, respectively submit the transshipment declaration to the competent authority. In the case of transshipping catches caught from the north Pacific Ocean fishing area, the transshipment declaration shall also be submitted to the NPFC Secretariat within five working days after the completion of the transshipment.
Article 36
For any squid jigging fishing vessel landing its catch in a domestic or foreign port, the following person(s) shall fill in the landing notification (as shown in Appendix 7), and submit it to the competent authority for approval by the following deadline; and in case that the last day for filing the application is a day-off, the application shall be made on the working day before the day-off:
(1) For the landing conducted by a squid jigging fishing vessel, its distant water fisheries operator or captain shall submit it no later than three days before the estimated date for landing.
(2) For the landing conducted by a squid jigging fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator or the captain of such squid jigging vessel shall submit it no later than three days before the estimated date for landing.
(3) For the landing conducted by a carrier vessel, the distant water fisheries operator of a squid jigging fishing vessel shall submit it no later than three days before the estimated date for landing.
(4) For the landing conducted by a carrier vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of a squid jigging fishing vessel shall submit it no later than three days before the estimated date for landing.
Fishing vessels approved by the competent authority to conduct landing may land the catch within seven days from the date approved to conduct landing. For any fishing vessel that is approved to land in the domestic port as referred to in Article 25, paragraph 2, the landing may be conducted within 11 days.
For any landing that cannot be conducted within the timeframe as referred to in the preceding paragraph, the (distant water fisheries) operator or the captain concerned may apply for the change of landing date before the end of the timeframe, and the landing shall only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.
For any squid jigging fishing vessel whose catch is landed in a foreign port and transported to a domestic port by a container vessel, the distant water fisheries operator of such squid jigging vessel shall, no later than three days before the container vessel’s port entry, notify the competent authority of the time for port entry and the name of the port.
Fishing vessels may only apply for navigating from the fishing area to the port(s) of Mainland China for landing in accordance with paragraph 1 after the completion of fishing operations in the current year, and shall not load any object from the Mainland China.
Article 37
Upon completing a landing of catches of any squid jigging fishing vessel, the following person(s) shall fill in and submit to the competent authority the landing declaration (as shown in Appendix 7 for the north Pacific Ocean fishing area and southwestern Atlantic Ocean fishing area; Appendix 8 for the eastern Pacific fishing area), by the following deadline:
(1) For the landing conducted by a squid jigging fishing vessel, its distant water fisheries operator or captain shall submit it within ten working days after the completion of the landing.
(2) For the landing conducted by a squid jigging fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such squid jigging vessel shall submit it within ten working days after the container(s) containing such catch unloads and completes customs clearance.
(3) For the landing conducted by a carrier vessel, the distant water fisheries operator of a squid jigging fishing vessel shall submit it within ten working days after the completion of the landing by the carrier vessel.
(4) For the landing conducted by a carrier vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of a squid jigging fishing vessel shall submit it within ten working days after the container(s) containing such catch unloads and completes customs clearance.
The term “completion of landing” as referred to in these Regulations means the whole weighing process has been completed for the catch landed in a port.
For catches caught from the eastern Pacific Ocean fishing area and transshipped by commissioning any carrier vessel, the distant water fisheries operator or the captain of such carrier vessel shall submit the Landing Declaration for Carrier Vessels Operating in the Eastern Pacific Ocean (as shown in Appendix 9) to the competent authority within ten working days following the completion of landing of all the commissioned catches from the squid jigging fishing vessel(s).
Article 38
The distant water fisheries operator and captain of any fishing vessel shall accept port inspections conducted by the competent authority or the independent third party for the verification of the catch landed or transshipped.
The distant water fisheries operator or captain of any fishing vessel that is designated by the competent authority to be inspected shall comply with the following:
(1) For inspections conducted by the competent authority, the landing or transshipment shall be started only after the person(s) of the competent authority has arrived.
(2) For inspections conducted by the independent third party, the contact with the independent third party shall be made, and the landing and transshipment shall be started only after the person(s) of the independent third party has arrived.
Article 39
The distant water fisheries operator of any squid jigging fishing vessel shall, within 60 days after the completion of sale or landing, submit sales or inventory information to the competent authority. The sales information shall at least include buyer(s), fish species and quantities.
Article 39-1
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 36 of the Act:
(1) Any transshipment is conducted without approval, or in the case of transshipping catches caught from the north Pacific Ocean under force majeure, the transshipment application is not filed before the completion of the concerned transshipment, in violation of Article 31, paragraph 1 or 2.
(2) Any transshipment is conducted not within the approved timeframe or range, in violation of item i of Article 31, paragraph 3, subparagraph (1); item i of Article 31, paragraph 3, subparagraph (2); or item i of Article 31, paragraph 3, subparagraph (3). Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (3) and (5) of this Article are not subject to this provision.
(3) Any landing is conducted without approval, in violation of Article 36, paragraph1.
(4) Any landing is conducted not within the approved timeframe, in violation of Article 36, paragraph 2. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (11) of this Article are not subject to this provision.
(5) Any inspection for verification of the catch is evaded, obstructed, or refused, in violation of Article 38, paragraph 1; or the requirements as stipulated in Article 38, paragraph 2 are not complied with.
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 41 of the Act:
(1) Any carrier vessel of the Republic of China transships with, refuels, or supplies any fishing vessel not on the approved vessels list of the NPFC or the list of authorized vessels of the SPRFMO, or any fishing vessel that has altered its name or registration number, in violation of Article 27, paragraph 1.
(2) Any fishing vessel engage in refueling or supply within the Convention area of the NPFC or SPRFMO with any fishing vessel not on the approved vessels list of the NPFC or on the list of authorized vessels of the SPRFMO, or any fishing vessel that has altered its name or registration number, in violation of Article 27, paragraph 2.
(3) Any fishing vessel or carrier vessel authorized to transship in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port conducts such activity after the timeframe approved, in violation of item i of Article 31, paragraph 3, subparagraph (1); item i of Article 31, paragraph 3, subparagraph (2); or item i of Article 31, paragraph 3, subparagraph (3).
(4) Any fishing vessel or carrier vessel that transships catches caught from the eastern Pacific Ocean fishing area fails to notify the competent authority of the cancellation of the transshipment within three days after the approved period for transshipment, in violation of item iii of Article 31, paragraph 3, subparagraph (1).
(5) Any transshipment of catches caught from the north Pacific Ocean fishing area, the notification of which is not filed via the NPFC Transshipment Record, is conducted between 24 hours to 72 hours after the approved time for transshipment or between 20 nautical miles to 50 nautical miles from the approved location for transshipment, in violation of item i of Article 31, paragraph 3, subparagraph (2).
(6) Any fishing vessel or carrier vessel that transships catches caught from the north Pacific Ocean fishing area fails to submit the transshipment notification to the NPFC Secretariat no later than 24 hours before the estimated time for transshipment, or in the case of force majeure, before the completion of the transshipment, in violation of item iii of Article 31, paragraph 3, subparagraph (2).
(7) Any fishing vessel or carrier vessel that transships catches caught from the north Pacific Ocean fishing area fails to notify the competent authority or the NPFC Secretariat of the cancellation of the transshipment within three days after the approved period for transshipment, in violation of item iv of Article 31, paragraph 3, subparagraph (2).
(8) Transshipment is conducted when the ALC on board is signal-lost and has not been repaired, in violation of Article 34.
(9) Transshipment declaration(s) for the transshipment(s) conducted within the current trip is not placed onboard, in violation of Article 35, paragraph 1.
(10) The transshipment declaration is not submitted to the competent authority before the deadline, or in the case of transshipping catches caught from the north Pacific Ocean fishing area, the transshipment declaration is not submitted to the NPFC Secretariat before the deadline, in violation of Article 35, paragraph 2.
(11) A fishing vessel that is under the circumstances stipulated in the proviso clause of Article 36, paragraph 2 lands in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port after the timeframe approved.
(12) The landing declaration is not submitted before the deadline, in violation of Article 37.
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