Regulations for Tuna Longline or Purse Seine Fishing Vessels Proceeding to the Pacific 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 or Purse Seine Fishing Vessels Proceeding to the Pacific Ocean for Fishing Operation CH
Category：	Ministry of Agriculture（農業部）
Attachment：	Appendix 1 Area of Competence of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.pdf Appendix 2 Area of Competence of the Convention for the Establishment of an Inter-American Tropical Tuna Commission and the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica.pdf Appendix 3 Bigeye Tuna Fishing Areas forLarge Scale Lonliners in the Pacific Ocean.pdf Appendix 4 Albacore Tuna Fishing Area for Large Scale Longliners in the Pacific Ocean.pdf Appendix 5 Fishing Area for Small Scale Longliners in the Pacific Ocean.pdf Appendix 6 Application Form for Large Scale Longliners Operating in the Pacific Ocean.pdf Appendix 7 Application Form for Small Scale Longliners Operating in the Pacific Ocean.pdf Appendix 8 Application Form for Tuna Purse Seine Fishing Vessels Operating in the Pacific Ocean.pdf Appendix 9 Application Form for Carrier Vessels of the Republic of China.pdf Appendix 10 Specification of Width, Height and Color of Characters for Vessel Markings.pdf Appendix 11 Figure of Shark Line.pdf Appendix 12 De-hooker (left) and Scoop net (right).pdf Appendix 13 Specification of Seabirds Mitigation Measures in the WCPFC Convention Area.pdf Appendix 14 Areas to Use Seabird Mitigation Measures in the IATTC Convention Area.pdf Appendix 15 Specifications for Seabird Mitigation Measures in the IATTC Convention Area.pdf Appendix 16 Facsimile Form for Vessel Position and Fishing Operation Information.pdf Appendix 17 WCPFC EHSP Sighting Report.pdf Appendix 18 Designated Ports for Catching Vessels to Land or Transship in the Pacific Ocean.pdf Appendix 19 Information to Be Submitted for Carrier Vessels Intending to Transship in Port or at Sea.pdf Appendix 20 WCPFC TRANSSHIPMENT NOTIFICATION.pdf Appendix 21 IATTC Transshipment Notification.pdf Appendix 22 TRANSSHIPMENT NOTIFICATION FOR TUNA PURSE SEINER.pdf Appendix 23 WCPFC TRANSHIPMENT DECLARATION.pdf Appendix 24 IATTC TRANSHIPMENT DECLARATION.pdf Appendix 25 TRANSSHIPMENT DECLARATION AND LANDING NOTIFICATION FOR TUNA PURSE SEINER.pdf Appendix 26 Advance Notice of Landing／ Landing Declaration for Catches of Distant Water Fishing Vessels.pdf Appendix 27 Notification Form of Entry into or Exiting High Seas.pdf Appendix 28 Discard Notification of Purse Seiner Catches.pdf Appendix 29 Report on Incidental Catch by Purse Seine Fishing Vessels.pdf Appendix 30 The conversion factors between the weights of processed fish and round fish.pdf

Chapter VI Management of Vessel Position Reporting

Article 43

The ALC on board shall be maintained functional at all time, whether at sea or in port.
The ALC on board any fishing vessel 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 44

In case that a fishing vessel needs to stay in a domestic port for three days or above; or in a foreign port for dry docking; or in a foreign port for seven days or 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 45

Any fishing vessel of 100 GT and above 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 46

The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC twice consecutively for any tuna purse seine fishing vessel or four times consecutively for any tuna longline fishing vessel or carrier vessel. 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 and the Secretariat of the Western and Central Pacific Fisheries Commission (hereinafter referred to as “WCPFC”), or to the WCPFC Secretariat through the fishery radio station located in the Republic of China. 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 16.
The transmit of vessel positions as referred to in the preceding paragraph shall be every six hours for any tuna longline fishing vessel and carrier vessel, and hourly for any tuna purse seine fishing vessel.
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 16 Facsimile Form for Vessel Position and Fishing Operation Information.pdf

Article 47

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 47-1

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 43 to 47 shall apply to such vessel.

Article 48

In case of sighting of any national or foreign fishing vessel in the area of high seas bounded by the exclusive economic zones of the Cook Islands, French Polynesia and Kiribati (hereinafter referred to as “the Easter High-Seas Pocket, EHSP”), the distant water fisheries operator or the captain shall submit a completed sighting report in the format as shown in Appendix 17 to the competent authority within 15 days after departure from the EHSP.
For any fishing vessel fishing in the EHSP, it shall keep at least 5 nautical miles away from the exclusive economic zones of other countries.

Appendix 17 WCPFC EHSP Sighting Report.pdf