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

Print Time:2024/05/23 02:03
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Chapter Law Content

Chapter VII Observation and Inspection during Fishing Operations
Article 37
The distant water fisheries operator of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1) He/she shall notify the competent authority in writing at least seven working days before the date of estimated port entry or departure.
(2) To embark and disembark the observer at the time and place informed by the competent authority.
(3) To provide the observer, while onboard the vessel, with food, accommodation, adequate sanitary amenities, and medical facilities of a reasonable standard equivalent to those normally available to an officer onboard the vessel.
(4) To instruct the captain and crew of the vessel matters related to the cooperation with or assisting the observer in carrying out the duties.
Article 38
The captain of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1) The captain shall attend the pre-sail training course given by the competent authority.
(2) When an observer is on board the fishing vessel, the captain shall inform the observer of the daily routine, personal safety and vessel equipment.
(3) The captain shall cooperate with and assist the observer in carrying out duties, and shall not evade, obstruct or refuse to answer the inquiry related to the observation mission.
(4) The captain shall not interfere with, assault, intimidate, or bribe the observer.
(5) The captain shall provide the observer with adequate space, facilities, equipment and information on the vessel necessary for his/her daily living and for carrying out his/her duties.
(6) The captain shall request the crew to comply with the provisions stipulated in preceding three subparagraphs.
(7) The captain shall sign on the observation record(s) written by the observer. In case there are different views on such record(s) of the observer, captain’s opinions may be added.
(8) The captain shall ensure the safety of the observer. In case of emergency or distress, special care and refuge shall be provided to the observer.
Article 39
In the event of boarding and inspection conducted by the inspector(s) dispatched by the competent authority, any captain and crew of the inspected vessel shall cooperate with, facilitate the safe boarding and disembarkation of the inspector(s), and provide the inspector(s) with adequate space, facilities and equipment for carrying out the duties.
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