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Chapter VII Supplemental Provisions
Article 26
Any tuna longline fishing vessel shall not fish within one nautical mile off a data buoy, or take on board, possess, or cause damage to the data buoy.
In case that the fishing gear becomes entangled with the data buoy, the entangled fishing gear shall be removed with as little damage to the data buoy as possible.
In case of finding any data buoy that is damaged or non-functional, the captain shall report to the central competent authority the date, location, and the identifying information on the data buoy.
Article 27
In case of any of the following circumstances, the fishery operator and fishery employee shall be respectively liable to a fine between 30 thousand New Taiwan Dollars and 150 thousand New Taiwan Dollars imposed by the central competent authority pursuant to Article 65, subparagraph (8) of the Act:
(1) Failing to install the ALC or AIS in accordance with Article 4.
(2) Failing to mark the fishing vessel or gear(s) in accordance with any provision stipulated in Article 5 or Article 6.
(3) Failing to check or confirm that the vessel position has been transmitted via ALC or AIS before port departure, in violation of Article 7, paragraph 1; or failing to maintain the ALC or AIS functional after port departure.
(4) Failing to transmit the vessel position via the ALC once every hour after port departure, in violation of Article 7, paragraph 1.
(5) Failing to return to a port within the required timeframe, transmit the vessel positions as required, transmit the exact position, or repair the ALC or AIS before port departure, in violation of Article 7, paragraph 3.
(6) Failing to comply with the provisions on notification of the changed identification numbers of ALC or numbers of MMSI in accordance with Article8.
(7) Failing to use mitigation measures for incidental catch in accordance with any provision stipulated in Article 9 to 12.
(8) Failing to fill in or submit the logbook in accordance with Article 13; Article 5, paragraph1; or Article 16, paragraph 2; or misreporting the catch data.
(9) The catch amount of bigeye tuna or albacore tuna accounts for 50% or more of the total catch amount during the first of second half of the current year, in violation of Article 17.
(10) Failing to discard the bigeye tuna, or to record the number(s) discarded in the logbook or the E-logbook, after the central competent authority ordered to stop fishing for bigeye tuna in accordance with Article 18, paragraph 4.
(11) Transporting any catch that is not caught by the fishing vessel itself or commissioning its catch to be transported by other vessel, in violation of Article 19.
(12) Landing in any port that is not stipulated in Article 20.
(13) Evading, obstructing, or refusing the port inspection on landing conducted by personnel of the competent authority, or landing before the arrival of the personnel of the competent authority, in violation of Article 22.
(14) Evading, obstructing, or refusing the placement of observer(s) on board as dispatched by the central competent authority in accordance with Article 23, paragraph 1.
(15) Failing to comply with provisions on observer(s) on board in accordance with subparagraph (1) of Article 23, paragraph 2; and subparagraph (3) to (5) as well as subparagraph (8) of Article 24.
(16) Failing to comply with provisions stipulated in Article 25 in the event that an observer dies, suffers from a serious illness or injury, or is assaulted, intimidated, threatened, or harassed.
(17) Conducting fishing operation within one nautical mile off a data buoy, or taking on board, possessing or causing damage to the data buoy, in violation of Article 26, paragraph 1.
Article 28
For the violations stipulated in subparagraph (1), (3) to (9), (11), (13) to (16) of Article 27, in addition to the fine imposed, the central competent authority may also suspend the fishing license of the fishery operator and the Certificate of Fishing Vessel Officer or Fishing Vessel Crew Identification of the fishery employee for not more than one year, pursuant to Article 10 of the Act. Where the violation is considered gross, they may be revoked.
Article 29
In addition to the punishment imposed in accordance with Article 27, the central competent authority may, in accordance Article 68 of the Act, confiscate catches caught or transported by or the fishing gears of the violated fishing vessel, regardless of the ownership; in case the whole or part of such catches or fishing gears cannot be confiscated, the value of such catches or fishing gears shall be collected.
Article 30
These Regulations shall become effective upon promulgation.