Any tuna longline fishing vessel intending to conduct transshipment or landing in a domestic port or a foreign port located in the Indian Ocean shall be limited to the ports stipulated in Appendix 13.
Any fishing vessel with the distant water fisheries permit to fish in the Atlantic or Pacific Ocean applying for landing or transshipping in the ports 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, or Donggang Yanpu Fishing Harbor, the landing or in-port transshipment may be conducted at any of the three ports within the timeframe approved. For the landing approved by the competent authority to be conducted in Shimizu or Yaizu port of Japan, the landing may be conducted at any of the two ports within the timeframe approved.

• Appendix 13 Designated Domestic and Foreign Ports Located in the Indian Ocean for Tuna Longline Fishing Vessels to Land or Transship.pdf

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 permitted by the competent authority and meets the following conditions:
i. Its flag State has authorized the operation in the Indian Ocean.
ii. It has installed the ALC which meets the standards specified by the competent authority. At least one position shall be sent hourly to the commissioned professional institution.
iii. In case of transshipping southern bluefin tuna, it shall also obtain the authorization from its flag State to do so.
For any operator of a foreign carrier vessel to apply for the permission as referred to in subparagraph (2) of the preceding paragraph, he/she shall fill in the application form with the enclosure of the following documents:
(1) A copy of the permission issued by the flag State which authorizes its operation in the Indian Ocean.
(2) A copy of a document which clearly displays the IMO number of the vessel.
(3) Color photographs of the vessel no older than three years and the electronic files thereof. The photographs shall clearly and legibly display the English vessel name.Article 7, subparagraph (2) shall apply, mutatis mutandis, to the size and content of the photographs.
(4) Document(s) certified by the commissioned professional institution that the ALC on board can regularly and normally transmit vessel positions.
(5) In case of transshipping southern bluefin tuna, a copy of the permit issued by the flag State shall also be enclosed.
(6) In case of authorizing an agent of the Republic of China to apply for the permission, a letter of authorization and the identity document of the agent shall also be enclosed.
The letter of authorization as referred to in subparagraph (6) of the preceding paragraph shall be in Chinese or English, and shall at least specify the following:
1. Item(s) and period authorized.
2. Name, address, and phone number of the operator and agent of the foreign carrier vessel, and the name, phone number, email address of the contact person.
In case of obtaining the permission as referred to in paragraph 1, subparagraph (2), the permission period starts from the permitted date to 31 December of the current year. Notwithstanding, in case that the flag State stipulates otherwise, the permission period ends on the expiry date stipulated by the flag State.

Carrier vessels shall stow catches by the fishing vessels transshipped, and shall develop a stowage plan for inspection which shows the locations in the hold by vessels names as well as bigeye, yellowfin, and albacore tuna.

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 the India Ocean Tuna Commission (hereinafter referred to as “IOTC”), or any fishing vessel that has altered its name or registration number.

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;
(2) The foreign carrier vessel has violated any provision regarding transshipment or landing.

Any tuna longline fishing vessel under 24 meters shall not conduct transshipment at sea.

Any carrier vessel intending to conduct transshipment at sea shall receive an observer in accordance with the IOTC 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.
Any distant water fisheries operator whose tuna longline fishing vessel(s) conducts transshipment at sea in the Indian Ocean shall share the cost for the implementation of the IOTC regional observer program.

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 14) 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 14, 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.

• Appendix 14 Information to Be Submitted for Carrier Vessels Intending to Transship in Port or at Sea.pdf

In case of any of the following circumstances, the application of in-port transshipment or the transshipment plan as referred to in Article 54 shall be denied:
(1) The carrier vessel concerned does not meet the requirements stipulated in Article 49;
(2) Three years have not passed since the carrier vessel concerned was listed on 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 60; or
(3) The fine for violating the Act imposed on the carrier vessel has not been paid completely.

Any tuna longline fishing vessel and carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment.
Any (distant water fisheries) operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the Transshipment Notification (format as shown in Appendix 15) and submit it to the competent authority in accordance with the following prescribed timeframe:
(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 IOTC 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, or Donggang Yanpu Fishing Harbor.
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.

• Appendix 15 TRANSSHIPMENT NOTIFICATION.pdf

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 species with catch limit, 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 albacore tuna, oil fish, swordfish, or blue marlin, the discrepancy between the amount to be transshipped and the catch amount reported through the E-logbook system exceeds 20% of the latter.
(5) For sharks and other species, the discrepancy between the amount to be transshipped and the catch amount 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; or the catch amount of yellowfin tuna or bigeye tuna within one week exceeds ten metric tons.
(2) Any of the following infractions found by the competent authority or the independent third party or reported by observers of IOTC 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 16 to 18.
(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. The amount to be transshipped as referred to in subparagraph (5) of paragraph 1 shall be calculated by sharks and other species respectively.

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 56 shall apply.

The tuna longline fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 56 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.

Carrier vessels shall, within 24 hours after the completion of transshipment, transmit the IOTC Transshipment Declaration to the IOTC and the competent authority. The format of the IOTC Transshipment Declaration is as shown in Appendix 16.
Distant water fisheries operators or captains of tuna longline fishing vessels shall, within five working days after the completion of transshipment, submit the Transshipment Declaration to the competent authority. The format of the Transshipment Declaration is as shown in Appendix 16.

• Appendix 16 IOTC Transhipment declaration.pdf

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 of which is as shown in Appendix 17, 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 being transported by commissioning a container vessel, the distant water fisheries operator or the captain of such longline 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.
Notwithstanding the provision stipulated in the preceding paragraph, for any tuna longline fishing vessel that employs ice-chilling method to preserve its catch and lands in a port of a foreign country with which the fisheries cooperation is engaged, its distant water fisheries operator or captain shall submit the Advance Notice of Landing no later than one day before the estimated date for landing. 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 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 48, paragraph 3, 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.

• Appendix 17 Advance Notice of Landing／Landing Declaration for Catches of Distant Water Fishing Vessels.pdf

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 of the time for port entry and the name of the port.

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 17, 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.

• Appendix 17 Advance Notice of Landing／Landing Declaration for Catches of Distant Water Fishing Vessels.pdf

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.

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.

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 53, paragraph 1.
(2) Any transshipment is conducted without approval, in violation of Article 56, paragraph 1.
(3) Any transshipment is conducted not within the approved timeframe, in violation of Article 56, 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 61, paragraph1.
(5) Any landing is conducted not within the approved timeframe, in violation of Article 61, paragraph 3. 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 63, paragraph 1; or the requirements as stipulated in Article 63, 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 IOTC or any fishing vessel that has altered its name or registration number, in violation of Article 50.
(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 56, 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, or Donggang Yanpu Fishing Harbor, 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 59.
(4) The Transshipment Declaration is not submitted before the deadline, in violation of Article 60.
(5) In the event of the following situations for any fishing vessel that is under the circumstances stipulated in the proviso clause of Article 61, paragraph 3:
i. Landing is conducted in Shimizu or Yaizu port of Japan not within the timeframe approved; or
ii. Landing is conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, or Donggang Yanpu Fishing Harbor, after the timeframe approved.
(6) The Landing Declaration is not submitted before the deadline, in violation of Article 62.