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 VII Logbooks and Catch Reports

Article 49

In the event that any catching vessel leaves a port, its captain shall daily report catch data through the E-logbook system designated by the competent authority. The catch data reported shall be complete and accurate, and where the catch amount is zero, catch data shall be reported as well.
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 five 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 E-logbook system as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.

Article 49-1

In the event that a tuna longline fishing vessel authorized to conduct Pacific bluefin tuna fishing operation and whose fishing area is west of 128°E and north of 17°N, fills in the logbooks designated by the competent authority completely and accurately, such vessel may not report its catch data through the E-logbook system in accordance with Article 49 and 50 to 52.
In case that there is any discrepancy between any datum recorded in the E-logbook system and the logbook for the fishing vessel as referred to in the preceding paragraph, the datum recorded in the E-logbook system shall prevail
The complete logbooks shall be maintained on board the fishing vessel as referred to in paragraph 1 for at least one year, and a copy of the logbooks shall be submitted to the competent authority for perusal within 60 days starting from the date the fishing vessel enters a port.

Article 50

Any tuna longline fishing vessel shall not catch Pacific bluefin tuna or southern bluefin tuna without permission, and in case of bycatch, the fishing vessel shall immediately discard such catch and record the amount of discard in the E-logbook system.
In the case of any of the following circumstances, any catching vessel shall immediately discard any subsequent catch of the species concerned and record the amount of discard in the E-logbook system:
(1) The allowed individual vessel quota of the fish species with catch limit or that of striped marlin is exhausted.
(2) Any Pacific bluefin tuna is subsequently caught after the deadline prescribed by the competent authority in Article 4 of the Regulations on the Management of Pacific Bluefin Tuna Fishing Operation.

Article 51

In case that any catching vessel finds any sea turtle during fishing operation, such vessel shall, where practicable, bring aboard any comatose or inactive sea turtle as soon as possible, and foster its recovery and return it to the sea at once after recovery.
Any seabird, sea turtle, whale shark, cetacean, penguin or prohibited species promulgated by the competent authority incidentally caught by any catching vessel shall be released when caught alive or discarded when dead, and the number(s) shall be duly recorded in the E-logbook system.

Article 52

Any fish species of no economic value or no utilizing value caught by any catching vessel shall be released immediately, and number(s) discarded shall be duly recorded in the E-logbook system.

Article 53

The datum reported through the E-logbook system shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.

Article 54

(Deleted)

Article 55

The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any tuna longline fishing vessel and its actual landing amount shall not exceed the following margins:
(1) For fish species with catch limit: 10% of the actual landing amount.
(2) For yellowfin tuna, albacore tuna, swordfish, or striped marlin: 20% of the actual landing amount.
(3) For fish species except for those referred to in the preceding two subparagraphs: 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 species with catch limit, the discrepancy is less than two metric tons.
(2) For yellowfin tuna, albacore tuna, swordfish, or striped marlin, the discrepancy is less than four metric tons.
(3) For fish species except for those referred to in the preceding two subparagraphs, the discrepancy is less than six metric tons.
The discrepancy as referred to in subparagraphs (1) and (2) of the preceding two paragraphs shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding two paragraphs shall be calculated by sharks and other species respectively.
For any tuna longline fishing vessel which does not report its catch through the E-logbook system pursuant to Article 49-1, the discrepancy as referred to in paragraphs 1 and 2 shall be calculated based on the logbooks.
The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any tuna purse seine fishing vessel and its actual landing amount shall not exceed 25%.

Article 56

A tuna longline fishing vessel that is under any of the following circumstances shall be deemed 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 yellowfin tuna, albacore tuna, swordfish, or striped marlin, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds four metric tons as well as 50% of the actual landing amount.
(3) For fish species except for those referred to in the preceding two subparagraphs, 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.
The discrepancy as referred to in subparagraphs (1) and (2) of the preceding paragraph shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding paragraph shall be calculated by sharks and other species respectively.
For any tuna longline fishing vessel which does not report its catch through the E-logbook system pursuant to Article 49-1, the discrepancy as referred to in paragraphs 1 and 2 shall be calculated based on the logbooks.
For any tuna purse seine fishing vessel, in case that the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds 50% of the actual landing amount, it shall be deemed as “seriously misreporting” as referred to in subparagraph (12) of Article 13, paragraph 1 of the Act.