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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:
Chapter IX The Designation and Management of Ports for Transshipment or Landing
Article 60
Any catching vessel intending to conduct transshipment or landing in a domestic port or a foreign port located in the Pacific Ocean shall be limited to the ports stipulated in Appendix 18.
Any fishing vessel with the distant water fisheries permit to fish in the Atlantic or Indian 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, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port, the landing or in-port transshipment may be conducted at any of these ports within the timeframe approved. For the landing of a carrier vessel approved by the competent authority to be conducted in Bangkok or Songkhla of Thailand, the landing may be conducted at any of the two ports within the timeframe approved.
Article 61
Any carrier vessel intending to transship catches from catching 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;
(2) It is a foreign carrier vessel listed on the carrier lists of the WCPFC or the IATTC, 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; or
(3) It is a part-time carrier vessel authorized by the competent authority.
Article 62
The distant water fisheries operator of any tuna longline fishing vessel of 80 GT and above may apply for such vessel to conduct part-time transshipment.
The number of part-time carrier vessels shall be limited to ten every year. In case that the number of applications exceeds ten, it shall be decided in accordance with the order of sequence.
The period of the authorization granted to the part-time carrier vessel shall be one year. During such period, any part-time carrier vessel shall not fish, and shall land only in ports of the Republic of China.
The competent authority shall revoke the authorization of any authorized part-time carrier vessel that does not transship any catch for six months starting from the date of authorization. The competent authority shall, in accordance with the order of sequence as referred to in paragraph 2, authorize the fishing vessel in the next order as the part-time carrier vessel.
Article 63
Any carrier vessel or part-time carrier vessel of the Republic of China shall not transship with, refuel or supply any fishing vessel not listed in the authorized fishing vessel lists of IATTC or WCPFC, or any fishing vessel that has altered its name or registration numbers.
Article 64
In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catches from any catching vessel on the non-cooperative carrier vessels 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 65
The at-sea transshipment shall not be conducted in the EHSP from 1 January 2019.
Article 66
For any small scale longliner approved to fish in the eastern Pacific swordfish fishing area, its catches shall be landed only in the ports of the Republic of China.
Article 67
Any carrier vessel intending to conduct transshipment at sea shall receive an observer in accordance with the regional observer program of the IATTC or WCPFC 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) conducts transshipment at sea on the Convention Water(s) shall share the cost for the implementation of the regional observer program in accordance with such program of IATTC or WCPFC.
Article 68
For any carrier vessel intending to transship at sea, its (distant water fisheries) operator shall submit the transshipment plan and relevant information and apply to the competent authority 15 days before the at-sea transshipment for approval. The content of the information to be submitted is as shown in Appendix 19. 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 19, apply to the competent authority for approval before conducting the transshipment in port with any catching vessel for the first time in the current year.
In case of any addition to the list of catching 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 catching vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.
Article 69
In case of any of the following circumstances, the application of in port transshipment or transshipment plan as referred to in Article 68 shall be denied:
(1) The carrier vessel concerned does not meet the requirements stipulated in Article 61;
(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 74; or
(3) The fine for violating the Act imposed on the carrier vessel concerned has not been paid completely.
Article 70
Any catching 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 and submit it to the competent authority in accordance with the following prescribed timeframe, and the formats of the Transshipment Notification for tuna longline fishing vessels are as shown in Appendix 20 and 21, for tuna purse seine fishing vessels is as shown in Appendix 22:
(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. Notwithstanding, if a tuna purse seine fishing vessel applies through the on-line application system, such application may be filed one day before the estimated date for transshipment.
Fishing vessels and carrier vessels approved by the competent authority to conduct transshipment may transship the catch within the following timeframe:
(1) For at sea transshipment: within four days starting from the date approved to conduct transshipment.
(2) For in port transshipment: within seven days starting from the date approved to conduct transshipment. However, for transshipment in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Donggang Yanpu Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port, such activity may take place within 11 days starting from the date approved to conduct transshipment.
In case of any of the following circumstances, the (distant water fisheries operator) or 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:
(1) The transshipment will not be conducted within the timeframe as prescribed in the preceding paragraph.
(2) The change of the estimated location for at sea transshipment exceeds 24 nautical miles.
Article 71
For any catching 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 fish 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 yellowfin tuna, albacore tuna, swordfish, or striped 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 fish species except for those referred to in the preceding two subparagraphs, the discrepancy between the amount to be transshipped and the catch amount reported through the E-logbook system exceeds 25% of the latter.
In case that, for the catches to be transshipped, it is suspected that the catching vessel or carrier vessel concerned has operated within the water under the jurisdiction of any other country without valid authorization, the competent authority may not authorize such vessel to transship at sea.
Article 72
In the event that the catch of any catching 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 70 shall apply.
Article 73
The catching vessel or carrier vessel which obtains the approval to transship pursuant to Article 70 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.
Article 74
For any transshipment at sea in the WCPFC Convention Area or transshipment at sea of any catch taken from the WCPFC Convention Area conducted by a carrier vessel, the WCPFC Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the competent authority. The format of the WCPFC Transshipment Declaration is as shown in Appendix 23.
For transshipment at sea in the IATTC Convention Area conducted by the carrier vessel, the IATTC Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the IATTC Secretariat, with a copy to the competent authority. The format of the IATTC Transshipment Declaration is as shown in Appendix 24.
Any carrier vessel shall, within seven working days after the completion of transshipment in port, submit the Transshipment Declaration to the competent authority. Formats of the Transshipment Declaration are as shown in Appendix 23, 24 and 25.
The distant water fisheries operator or the captain of any catching vessel shall, within seven working days after the completion of transshipment, submit the Transshipment Declaration to the competent authority. However, for any tuna longline fishing vessel that transships at sea within the IATTC Convention Area, the Transshipment Declaration shall be submitted within five working days after the completion of transshipment. The declaration formats for tuna longline fishing vessels are as shown in Appendix 23 (WCPFC Transshipment Declaration) and 24 (IATTC Transshipment Declaration), and for tuna purse seine fishing vessels, the format is as shown in Appendix 25.
Article 75
The catching vessel which may conduct transshipment with the part-time carrier vessel shall be limited to the catching vessel that has been approved by the competent authority to engage in fisheries cooperation with foreign country.
The catching vessel approved to transship with the part-time carrier vessel shall transship in the port of the foreign country with which the fisheries cooperation is engaged, and shall comply with relevant management regulations of that foreign country.
Article 76
For any caching 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 26, 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 catching 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 catching vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator or the captain of such catching vessel shall submit it no later than three days before the estimated date for landing.
(3) For the landing conducted by a catching vessel with the catch subsequently being transported by commissioning an airplane, the distant water fisheries operator or the captain of such catching vessel shall submit it no later than three days before the estimated date for landing.
(4) For the landing conducted by a carrier vessel, the distant water fisheries operator of a catching 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, or for any fishing vessel whose fishing area is within the area west of 128°E and north of 17°N during the entire fishing trip and that lands in a domestic port, 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 60, paragraph 3, or 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.
For any tuna purse seine fishing vessel that has submitted the transshipment declaration in accordance with the relevant regulations, it shall be deemed as having applied for the landing approval in accordance with paragraph 1.
For any tuna longline fishing vessel that is authorized to conduct Pacific bluefin tuna fishing operation and has notified the fishery radio station in accordance with Article 25 of the Regulations on the Management of Pacific Bluefin Tuna Fishing Operation for landing the Pacific bluefin tuna caught in a domestic port, it shall be deemed as having applied for the landing approval in accordance with paragraph 1.
Any tuna longline fishing vessel that is approved to be chartered for the fisheries cooperation with a foreign country and employs ice chilling method to preserve the catch 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 76-1
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 of the time for port entry and the name of the port.
Article 77
Upon the completion of landing of any catching 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 26, by the prescribed deadline:
(1) For the landing conducted by a catching 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 catching vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such catching 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 catching vessel with the catch being subsequently transported by commissioning an airplane, the distant water fisheries operator of such catching vessel shall submit the Declaration within ten working days after the airplane carrying such catch arrives at the destination.
(4) For the landing conducted by a carrier vessel, the distant water fisheries operator of a catching 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 78
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 the 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 only be started after the person(s) of the competent authority has arrived.
(2) For inspections conducted by the independent third party, the application and contact with the independent third party shall be made, and relevant fees for inspections shall be paid before the landing and transshipment, which shall only be started after the person(s) of the independent third party has arrived.
The fees incurred from any inspection on catches conducted by the independent third party at the foreign ports shall be borne by the distant water fisheries operator of the vessel being inspected.
Article 79
The distant water fisheries operator of any catching 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 79-1
Any of the following circumstances shall be imposed with punishment(s) in accordance with Article 36 of the Act:
(1) Any tuna longline fishing vessel that, during the authorization period of serving as a part-time carrier vessel, conducts fishing operation or does not land in domestic ports, in violation of Article 62, paragraph 3.
(2) 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 67, paragraph 1.
(3) Any transshipment is conducted without approval, in violation of Article 70, paragraph 1.
(4) Any transshipment is conducted not within the approved timeframe, in violation of Article 70, paragraph 3. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (2) of this Article are not subject to this provision.
(5) Any landing is conducted without approval, in violation of Article 76, paragraph1.
(6) Any landing is conducted not within the approved timeframe, in violation of Article 76, paragraph 3. Notwithstanding, the circumstances as stipulated in paragraph 2, subparagraph (5) of this Article are not subject to this provision.
(7) Any inspection for verification of the catch is evaded, obstructed, or refused, in violation of Article 78, paragraph 1; or the requirements as stipulated in Article 78, 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 or part-time carrier vessel of the Republic of China transships with, refuels, or supplies any fishing vessel not listed in the authorized fishing vessel lists of WCPFC or IATTC or any fishing vessel that has altered its name or registration number, in violation of Article 63.
(2) Any transshipment that is conducted not within the approved timeframe, in violation of Article 70, paragraph 3, is under the following circumstances:
i. For at-sea transshipment, an observer of the WCPFC or IATTC regional observer program is onboard the carrier vessel to observe the operation; or
ii. 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 Pier 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 73.
(4) The Transshipment Declaration is not submitted before the deadline, in violation of Article 74.
(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 76, paragraph 3:
i. Landing is conducted in Shimizu port of Japan, or Bangkok or Songkhla of Thailand, 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 Pier No. 41 of Kaohsiung Port, after the timeframe approved.
(6) The Landing Declaration is not submitted before the deadline, in violation of Article 77.