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

Print Time:2024/05/23 01:51
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Chapter Law Content

Chapter III Catch Limits or Quotas
Article 15
The total catch quota of southern bluefin tuna of the fishing year (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions), the individual vessel quota, and the amount of catch for individual vessel to ship back to the Republic of China for domestic sale shall be promulgated by the competent authority in accordance with the resolutions of the CCSBT.
The period for using the quota as referred in the preceding paragraph shall be from March 1 of the current year to the last day of February of the following year.
In case that the number of fishing vessels obtaining the permit of southern bluefin tuna of each group in the current fishing year is below the limit, the total remaining quota shall be arranged by the competent authority.
Article 16
The permit of southern bluefin tuna of the current fishing year shall be obtained for granting the southern bluefin tuna quota of the current fishing year.
For any southern bluefin tuna fishing vessel which has not obtained the permit of southern bluefin tuna of the entire fishing year, the quota shall be granted in accordance with the percentage which the number of month(s) approved accouts for the whole fishing year. Notwithstanding such provision, in the event that the ownership of any southern bluefin tuna fishing vessel transfers and the quota used by the original distant water fisheries operator exceeds the percentage that the number of month(s) approved accounts for the whole fishing year, the quota of such vessel unused in the current fishing year shall be granted to the new distant water fisheries operator.
In case of any of the following circumstances, the competent authority shall retrieve the unused quota of the southern bluefin tuna fishing vessel concerned in the current fishing year:
(1) Loss of the vessel, or the damage of the vessel that renders the fishing operation impossible for the current year.
(2) Revocation or withdrawal of the fishing license imposed by the competent authority.
(3) Revocation or withdrawal of the distant water fisheries permit imposed by the competent authority.
Article 17
The catch amount (unprocessed round weight, hereinafter the same when referring to “catch amount” in the following provisions) of southern bluefin tuna caught by any southern bluefin tuna fishing vessel shall not exceed the individual vessel quota allocated for the current fishing year. In case of excess, the quota of such fishing vessel for the following fishing year(s) shall be deducted accordingly until the amount exceeded is fully deducted.
The conversion factor between the weights of fish which is gilled, gutted and tailed and round fish is 1.15.
Article 18
In case of any of the following conditions, the competent authority shall grant the quota of the current fishing year in accordance with the percentage which the number of month(s) that the southern bluefin fishing vessel actual fishes accounts for the whole fishing year; shall retrieve the quota on a pro-rata basis from the vessel which has been granted the quota; or shall deduct the quota allocated for the following fishing year in the event that the quota is unable to be retrieved from the vessel:
(1) The southern bluefin tuna fishing vessel is punished by the competent authority of the suspension of the fishing license for one month and above.
(2) The southern bluefin tuna fishing vessel is detained in the port by foreign government.
For any fishing vessel approved to engage in fisheries cooperation by means of being chartered, the quota shall not be granted to such vessel during the period of fisheries cooperation. In case that the quota has been granted, the competent authority shall retrieve the quota of the current year in accordance with the percentage that the number of month(s) for fisheries cooperation accounts for the whole year. In case that the quota of the current year is unable to be retrieved, the competent authority shall deduct the quota allocated for such vessel in the following year.
Article 19
For any fishing vessel of the domestic sale group, the amount of its catch of southern bluefin tuna shipped back for domestic sale shall not be below the amount promulgated pursuant to Article 15, paragraph 1.
Article 20
In the event that the catch amount of any fishing vessel of the southcentral Indian Ocean group or the domestic sale group that has obtained the permit of southern bluefin tuna is less than 50%, the distant water fisheries operator shall report the amount of voluntary quota deduction to the Tuna Association by August 15 of the current year, and the Tuna Association shall forward it to the competent authority.
Article 21
In the event that the accumulated catch amount of southern bluefin tuna caught by fishing vessels of the Republic of China reaches 95% of the total catch quota of the current fishing year, the competent authority may order fishing vessels to stop catching southern bluefin tuna by a deadline and to leave fishing area(s) by a deadline.
Article 22
The competent authority may, after June 1 of the current year, receive applications of quota redistribution, depending on the utilization of the total southern bluefin tuna quota.
Applicants of the quota as referred to in the preceding paragraph shall meet the following requirements and register with the Tuna Association, which will compile and forward the applications to the competent authority:
(1) The utilization rate of individual vessel quota of southern bluefin tuna has reached 50% or above.
(2) The fishing vessel has not left its fishing area.
Article 23
The competent authority may grant premium quota to the catching vessel which cooperated with the competent authority to carry out relevant experiments, researches or management measures.
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