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

Print Time:2024/11/22 08:40
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Chapter Law Content

Chapter IX The Designation and Management of Ports for Transshipment or Landing
Article 50
Any tuna longline fishing vessel intending to conduct transshipment or landing at a domestic port or a foreign port located in the Atlantic Ocean shall be limited to the ports stipulated in Appendix 10.
Any fishing vessel with the distant water fisheries permit to fish in the Pacific or Indian Ocean applying for landing or transshipping in the ports located in the Atlantic Ocean as referred to in the preceding paragraph shall apply for the authorization from the competent authority 14 days before the fishing vessel enters into the port.
For the landing or in-port transshipment approved by the competent authority to be conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41 of Kaohsiung Port, the landing or in-port transshipment may be conducted at any of these ports within the timeframe approved.
Article 51
Any carrier vessel intending to transship catches from tuna longline fishing vessel(s) shall meet any of the following requirements:
(1) It is a carrier vessel of the Republic of China and has obtained the distant water fisheries permit; or
(2) It is a foreign carrier vessel listed on the carrier list of the International Commission for the Conservation of the Atlantic Tunas (hereinafter referred to as “ICCAT”), and has been installed with the ALC which meets the standards specified by the competent authority. At least one position shall be sent hourly to the commissioned professional institution.
Article 52
Any carrier vessel of the Republic of China shall not transship with, refuel or supply any fishing vessel not listed in the authorized fishing vessel list of ICCAT, or any fishing vessel that has altered its name or registration number.
Article 53
In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catches from tuna longline 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 54
Any carrier vessel intending to conduct transshipment at sea shall receive an observer in accordance with the ICCAT regional observer program to conduct observation mission on board. For any carrier vessel intending to conduct transshipment in port, it shall receive the observer designated by the competent authority to conduct observation mission on board
The distant water fisheries operator whose tuna longline fishing vessel(s) conduct transshipment at sea on the Convention Area shall share the cost for the implementation of the ICCAT regional observer program.
Article 55
For any carrier vessel intending to transship at sea, its (distant water fisheries) operator shall submit the transshipment plan and relevant information (as shown in Appendix 11) and apply to the competent authority 15 days before the at-sea transshipment 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 11, apply to the competent authority for approval before conducting the transshipment in port with any tuna longline fishing vessel for the first time in the current year.
In case of any addition to the list of the tuna longline fishing vessel(s) in the transshipment plan approved by the competent authority, the application shall be submitted three working days before making such addition to the competent authority for approval. The transshipment with the concerned tuna longline fishing vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.
Article 56
In case of any of the following circumstances, the application of in-port transshipment or the transshipment plan as referred to in Article 55shall be denied:
(1) The carrier vessel concerned does not meet the requirements stipulated in Article 51;
(2) Three years have not passed since the carrier vessel concerned was listed in 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 within the required timeframe, in violation of Article 61; or
(3) The fine for violating the Act imposed on the carrier vessel has not been paid completely.
Article 57
Any tuna longline fishing vessel or carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment. Any transshipment of south Atlantic shortfin mako shall be prohibited.
Any (distant water fisheries) operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the Transshipment Notification and submit it to the competent authority in accordance with the following prescribed timeframe, and the format of the Transshipment Notification is as shown in Appendix 12:
(1) For at sea transshipment: no later than three working days before the estimated date for transshipment.
(2) For in port transshipment: 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.
Fishing vessels and carrier vessels approved by the competent authority to conduct transshipment may transship the catch within seven days starting from the date approved to conduct transshipment. Notwithstanding, in case of any of the following circumstances, the transshipment may be conducted within 11 days:
(1) For at-sea transshipment: an observer of the ICCAT regional observer program is onboard the carrier vessel to observe the operation.
(2) For in-port transshipment: the activity takes place in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41 of Kaohsiung Port.
For any transshipment not being able to 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 transshipment date before the end of the timeframe, and the transshipment shall only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.
Article 58
For any tuna longline 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) For bigeye tuna, north Atlantic albacore tuna or south Atlantic albacore tuna, the discrepancy between the amount to be transshipped and the catch amount reported through the E-logbook system exceeds 10% of the latter.
(4) For north Atlantic swordfish; south Atlantic swordfish; blue marlin; or white marline/roundscale spearfish, the discrepancy between the amount to be transshipped and the catch amount reported through the E-logbook system exceeds 15% of the latter.
(5) For yellowfin tuna, the discrepancy between the amount to be transshipped and the catch reported through the E-logbook system exceeds 20% of the latter.
(6) For sharks and other species, the discrepancy between the amount to be transshipped and the catch reported through the E-logbook system exceeds 25% of the latter.
For any tuna longline fishing vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority may not authorize such vessel to transship at sea:
(1) For the catches to be transshipped, it is suspected that the vessel applying for the transshipment has operated within the water under the jurisdiction of any other country without valid authorization.
(2) Any of the following infractions found by the competent authority or the independent third party or reported by observers of ICCAT regional observer program have not been improved:
i. No valid fishing license on board.
ii. No logbook as designated by the competent authority on board.
iii. Any vessel marking that is not marked in accordance with Article 14 to 16.
(3) The Transshipment Notification as referred to in Article 56, paragraph 2 is not filled in completely.
The amount to be transshipped as referred to in subparagraphs (3) and (4) of paragraph 1 shall be calculated by each species, except for white marline/roundscale spearfish which shall be calculated altogether. The amount to be transshipped as referred to in subparagraph (6) of paragraph 1 shall be calculated by sharks and other species respectively.
Article 59
In the event that the catch of any tuna longline 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 57 shall apply.
Article 60
The tuna longline fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 57 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.
Article 61
For any transshipment in the Atlantic Ocean or the transshipment of any catch taken from the Atlantic Ocean conducted by a carrier vessel, the ICCAT Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the ICCAT Secretariat, with a copy to the competent authority. The format of the ICCAT Transshipment Declaration is as shown in Appendix 13.
The distant water fisheries operator or the captain of any tuna longline fishing vessel shall, within five working days after the completion of transshipment, submit the ICCAT Transshipment Declaration to the competent authority.
Article 62
For any tuna longline fishing vessel landing its catch in a domestic or foreign port, the following person(s) shall fill in the Advance Notice of Landing (format as shown in Appendix 14), 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 tuna longline 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 tuna longline fishing vessel with the catch subsequently transported by commissioning a container vessel, the distant water fisheries operator or the captain of such tuna longline fishing 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 tuna longline fishing vessel shall submit it no later than three days before the estimated date for landing.
Tuna longline fishing vessels approved by the competent authority to conduct landing may land the catch within seven days starting from the date approved to conduct landing. For any fishing vessel that is under the circumstances as stipulated in Article 50, paragraph 3, or any fishing vessel that lands in Shimizu port of Japan, the landing may be conducted within 11 days.
For any landing not being able to 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.
Any tuna longline fishing vessel that is approved to be chartered for the fisheries cooperation with a foreign country may land at the port(s) of such a foreign country when operating in the water thereof, in accordance with the manner approved by such country.
Article 62-1
For any tuna longline fishing vessel whose catch is landed at a foreign port and transported to a domestic port by a container vessel, the distant water fisheries operator of such tuna longline vessel shall, no later than three days before the container vessel’s port entry, notify the competent authority the time of port entry and the name of the port.
Article 63
Upon the completion of landing of any tuna longline fishing vessel, the following person(s) shall fill in and submit to the competent authority the Landing Declaration, format of which is as shown in Appendix 14, by the prescribed deadline:
(1) For the landing conducted by a tuna longline fishing vessel, its distant water fisheries operator or captain shall submit the Declaration within ten working days after the completion of landing.
(2) For the landing conducted by a tuna longline fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such longline vessel shall submit the Declaration 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 tuna longline fishing vessel shall submit the Declaration within ten working days after the completion of landing by the carrier vessel.
The term “completion of landing” as referred to in these Regulations means the whole weighing process has been completed for the catch landed at a port.
Article 64
For any tuna longline fishing vessel that lands or transships at foreign ports, permission documents for landing or transshipment issued from the port State concerned shall be enclosed when submitting landing declaration(s) or transshipment declaration(s).
In the event that the port State concerned doesn’t have regulations which provide that permission documents shall be applied for landing or transshipment, documents proving the whereabouts of catches and containing the information on species and catch amount such as the bill of landing, certificate of storage, invoice and details of trade deal shall be submitted.
Article 65
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 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 66
The distant water fisheries operator of any tuna longline fishing vessel shall, within 60 days after the completion of landing, submit sales or inventory information to the competent authority. The sales information shall at least include buyer(s), fish species and quantities.
Article 66-1
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 36 of the Act:
(1) Any carrier vessel engaging in transshipment evades, obstructs, or refuses to have the observer onboard; or refuses to receive the observer designated by the competent authority to conduct observation mission on board, in violation of Article 54, paragraph 1.
(2) Any transshipment is conducted without approval, in violation of Article 57, paragraph 1.
(3) Any transshipment is conducted not within the approved timeframe, in violation of Article 57, paragraph 3. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (2) of this Article are not subject to this provision.
(4) Any landing is conducted without approval, in violation of Article 62, paragraph1.
(5) Any landing is conducted not within the approved timeframe, in violation of Article 62, paragraph. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (5) of this Article are not subject to this provision.
(6) Any inspection for verification of the catch is evaded, obstructed, or refused, in violation of Article 65, paragraph 1; or the requirements as stipulated in Article 65, 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 listed in the authorized fishing vessel list of ICCAT or any fishing vessel that has altered its name or registration number, in violation of Article 52.
(2) In the event of the following situations for any fishing vessel or carrier vessel that is under the circumstances stipulated in the proviso clause of Article 57, paragraph 3:
i. At-sea transshipment is conducted not within the timeframe approved; or
ii. In-port transshipment is conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41 of Kaohsiung Port after the timeframe approved.
(3) Transshipment is conducted when the ALC on board is signal-lost and has not been repaired, in violation of Article 60.
(4) The Transshipment Declaration is not submitted before the deadline, in violation of Article 61.
(5) In the event of the following situations for any fishing vessel or carrier vessel that is under the circumstances stipulated in the proviso clause of Article 62, paragraph 3:
i. Landing is conducted in Shimizu port of Japan not within the timeframe approved; or
ii. Landing is conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Wharf No. 41 of Kaohsiung Port, after the timeframe approved.
(6) The Landing Declaration is not submitted before the deadline, in violation of Article 63.
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