Regulations for Tuna Longline Fishing Vessels Proceeding to the Atlantic Ocean for Fishing Operation - Chapter - Laws & Regulations Database of The Republic of China (Taiwan)

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Chapter Law Content

Title：	Regulations for Tuna Longline Fishing Vessels Proceeding to the Atlantic Ocean for Fishing Operation CH
Category：	Ministry of Agriculture（農業部）
Attachment：	Appendix 1 Area of the Atlantic Ocean.pdf Appendix 2 The fishing area of the bigeye tuna group.pdf Appendix 3 Fishing areas of the north albacore tuna group and south albacore tuna group.pdf Appendix 4 Application Form for Longline Fishing Vessels of 100 GT and above Proceeding to the Atlantic Ocean.pdf Appendix 5 Application Form for Carrier Vessels of the Republic of China Proceeding to the Atlantic Ocean.pdf Appendix 6 Specification of Width, Height and Color of Characters for Vessel Markings.pdf Appendix 7 De-hooker (left) and Scoop net (right).pdf Appendix 8 Specifications of seabird mitigation measures.pdf Appendix 9 Facsimile Form for Vessel Position and Fishing Operation Information.pdf Appendix 10 Designated Domestic Ports and Ports Located in the Atlantic Ocean for Tuna Longline Fishing Vessels to land or Tranship.pdf Appendix 11 Information to Be Submitted for Carrier Vessels Applying for Transshipping in Port or at Sea.pdf Appendix 12 Transshipment Notification.pdf Appendix 13 ICCAT Transshipment Declaration.pdf Appendix 14 Advance Notice of Landing Landing Declaration for Catches of Distant Water Fishing Vessels.pdf Appendix 15 The conversion factors between the weights of processed fish and round fish.pdf

Chapter VI Management of Vessel Position Reporting

Article 33

The ALC on board shall be maintained functional at all time, whether at sea or in port.
The ALC onboard any tuna longline fishing vessel or carrier vessel of the Republic of China shall automatically transmit at least one vessel position in every hour.
Fees for the services and communications of the ALC shall be borne by distant water fisheries operators. The competent authority may subsidize depending on the financial situation of the government.
Except for the purpose of repair or replacement approved by the competent authority, any ALC which has been installed on board and has transmitted a vessel position shall not be removed from the fishing vessel.

Article 34

In case that a fishing vessel needs to stay in a domestic port for three days and above; or in a foreign port for dry docking; or in a foreign port for seven days and above, its distant water fisheries operator may apply to the competent authority with documentary proof for switching off the ALC, which may only be switched off after obtaining approval.
In the case of a fishing vessel applying for switching off the ALC during its stay in a foreign port for the purposes except for dry docking, a photograph showing the berthing of such fishing vessel shall be provided weekly. The competent authority may order to switch on the ALC concerned in case of failing to provide the photograph in due course.
The period of switching off the ALC as approved in accordance with paragraph 1 shall not exceed six months for each application. Extension may be applied by the distant water fisheries operator concerned in accordance with paragraph 1 before the period is expired.
Any fishing vessel shall not leave the port during the period of switching off the ALC.
In the event that the ALC onboard is rebooted, the fishing vessel may only leave the port after the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.

Article 35

Any fishing vessel shall carry at least one spare set of ALC on board.
In case that the identification number of ALC on board has been changed, the distant water fisheries operator shall notify the competent authority or the commissioned professional institution in writing.

Article 36

The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC four times consecutively. In the event that the ALC is signal-lost for three consecutive days, it is deemed as mal-function.
The malfunctioning ALC shall be repaired no later than 30 days.
In the event that the ALC on board is signal-lost or mal-functional, the distant water fisheries operator or the captain shall immediately send information related to vessel positions by facsimile to the commissioned professional institution. The vessel positions shall be recorded by automatic recording satellite navigator for perusal in later days. The format of the facsimile is as shown in Appendix 9.
The transmit of vessel positions as referred to in the preceding paragraph shall be every four hours for any tuna longline fishing vessel and carrier vessel of the Republic of China.
For any fishing vessel with spare set of ALC on board, it shall report to the competent authority of using the spare set during the mal-function of the ALC. In case that the spare set is also mal-functional, the spare set from other fishing vessel may be deployed after obtaining the competent authority’s approval.

Appendix 9 Facsimile Form for Vessel Position and Fishing Operation Information.pdf

Article 37

In the event that the ALC onboard is deemed as signal-lost 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 personnel dispatched by the competent authority, and the vessel shall not leave the port until the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.
Any expense incurred from port return, port entry and confirmation of position transmitting as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.

Article 37-1

For any fishing vessel that is not within the water under the national jurisdiction of the Republic of China and without a valid distant water fisheries permit, it shall still maintain its ALC operational year-round, and Article 33 to 37 shall apply to such vessel.