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

Print Time:2024/04/30 13:00
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Chapter Law Content

Title: Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation CH
Category: Ministry of Agriculture(農業部)
Attachment:
Chapter V Catch Limits or Quotas
Article 23
For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “fish species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the Act means bigeye tuna and yellowfin tuna.
Article 24
The annual total catch quota (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions) of the Republic of China in the Indian Ocean and the quota for individual tuna longline fishing vessel shall be promulgated by the competent authority in accordance with the conservation and management measures.
The annual total catch quota of the species with catch limit shall be allocated to the large scale longliners and small scale longliners in accordance with the following percentage:
(1) Bigeye tuna: 85.7% for large scale longliners, and 14.3% for small scale longliners.
(2) Yellowfin tuna: 43% for large scale longliners, and 57% for small scale longliners.
In the event that the total catch amount of a species with catch limit has reached 95% of the annual total catch quota as referred to in paragraph 1, the competent authority may order the whole tuna longline fishing fleet to stop catching the concerned species by a deadline.
In the event that the total catch amount has reached 95% of the quota allocated to large or small scale longliners fleet as referred to in paragraph 2, the competent authority may order the large or small scale longliners fleet to stop catching the concerned species by a deadline.
The period for using the quota as referred to in paragraph 1 shall be from January 1 to December 31 of the current year.
The total remaining quota of the current year in the Indian Ocean may be arranged by the competent authority.
With the consent from the competent authority, a small scale longliner may obtain the individual vessel quota of maximum two small scale longliners that waive the replacement qualification, and include such quota into its own individual vessel quota.
Article 24-1
The allowed annual individual vessel quota of a tuna longline fishing vessel shall not exceed the limitations set out as follows, except for the quota as obtained and included pursuant to Article 24, paragraph 7:
(1) Bigeye tuna:
i. For a fishing vessel of the bigeye tuna group: 330 metric tons.
ii. For a fishing vessel of the albacore tuna group: 40 metric tons.
iii. For a fishing vessel of the frozen yellowfin tuna group: 100 metric tons.
iv. For a fishing vessel of the general group: 30 metric tons.
(2) Yellowfin tuna:
i. For a fishing vessel of the bigeye tuna group: 120 metric tons.
ii. For a fishing vessel of the albacore tuna group: 120 metric tons.
iii. For a fishing vessel of the frozen yellowfin tuna group: 110 metric tons.
iv. For a fishing vessel of the general group: 110 metric tons.
The allowed individual vessel quota as referred to in the preceding paragraph means the sum of the individual vessel quota granted by the competent authority pursuant to these Regulations, the quota received from other vessel(s), the additional quota applied for, and the premium quota; and the quota transferred, deducted, and retrieved have been deducted.
Article 25
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the tuna longline fishing vessel.
For any tuna longline fishing vessel that has not obtained the distant water fisheries permit of the entire year, the quota shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole year. Notwithstanding such provision, in the event that the ownership of any tuna longline 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 year, the unused individual vessel quota allowed for such a vessel in the current 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 individual vessel quota allowed for the tuna longline fishing vessel concerned in the current year:
(1) Loss of the vessel, or the damage of the vessel that renders the fishing operation impossible for the current year. However, the quota received from other vessel(s) will not be retrieved.
(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 26
The catch amount of the fish species with catch limit for any tuna longline fishing vessel shall not exceed the allowed individual vessel quota for the current year. In case of excess, the allowed annual quota of such fishing vessel for the following year(s) shall be deducted accordingly until the amount exceeded is fully deducted.
In the event that the catch amount of the fish species with catch limit of any tuna longline fishing vessel has reached 90% of the allowed individual vessel quota, the competent authority may order such vessel to stop catching the concerned species by a deadline.
Article 27
In case of any of the following conditions, the competent authority shall grant the quota of the current year in accordance with the percentage that the number of month(s) the tuna longline fishing vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the tuna longline fishing vessel which has been granted the quota; or shall deduct the allowed annual quota for the following year in the event that the quota of the current year is unable to be retrieved from the vessel:
(1) The tuna longline fishing vessel is punished by the competent authority of the suspension of the fishing license for one month or above.
(2) The tuna longline fishing vessel is detained in the port by foreign government.
For any fishing vessel approved to be engaged in fisheries cooperation by means of being chartered, the quota shall not be granted to such vessel during the period of such 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 allowed annual quota of such vessel in the following year.
Article 28
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding paragraph means the bigeye tuna catch amount of the fishing vessel during six months exceeds over 50% of its total catch amount of the same period.
Article 29
For any tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 15, its individual vessel quota for the remaining period of its permit shall be the remaining allowed individual vessel quota of that other vessel, and shall not exceed the limits as stipulated in Article 24-1, paragraph 1.
Article 30
In the event that the following requirements are met, the bigeye tuna or yellowfin tuna quota of a tuna longline fishing vessel may, through the coordination of the Tuna Association in the case of large scale longliner, or the Longline Association in the case of small scale longliner, which reports to the competent authority for approval, be transferred to other tuna longline fishing vessel(s):
(1) The bigeye tuna or yellowfin tuna quota of the receiving fishing vessel shall not exceed the limits as stipulated in Article 24-1 after the transfer.
(2) Both the transferring and receiving fishing vessels shall not have been imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in the current year.
(3) In case that the transferring or receiving fishing vessel has been imposed upon a fine or the suspension of the fishing license pursuant to Article 41 of the Act in the current year, such punishment has been paid or executed completely.
The quota transfer as referred to in the preceding paragraph shall be limited to transfer within large scale longliners or within small scale longliners.
Article 31
Depending on the quota utilization in the current year, the competent authority may announce the additional bigeye tuna or yellowfin tuna quota that can be applied for.
Any tuna longline fishing vessel that meets the following requirements may apply for the bigeye tuna quota as referred to in the preceding paragraph:
(1) Its allowed individual vessel quota of bigeye tuna shall be 70% of the quota for individual tuna longline fishing vessel as promulgated pursuant to Article 24, paragraph 1. For any small scale tuna longliner as referred to in Article 24, paragraph 7, it shall be 70% of the individual vessel quota after the inclusion.
(2) Its bigeye tuna catch amount has reached 70% of and not exceeded its allowed individual vessel quota.
Any tuna longline fishing vessel that meets the following requirements may apply for the yellowfin tuna quota as referred to in paragraph 1:
(1) Its allowed individual vessel quota of yellowfin tuna shall be 80% of the quota for individual tuna longline fishing vessel as promulgated pursuant to Article 24, paragraph 1. For any small scale tuna longliner as referred to in Article 24, paragraph 7, it shall be 80% of the individual vessel quota after the inclusion.
(2) Its yellowfin tuna catch amount has reached 80% of and not exceeded its allowed individual vessel quota.
In case that, with the additional quota applied pursuant to the preceding two paragraphs, the allowed individual vessel quota exceeds the limits as stipulated in Article 24-1, paragraph 1, the competent authority will not grant the part of the quota that exceeds the limit.
The additional quota acquired in accordance with paragraph 1 shall not be transferred.
Article 32
The competent authority may grant premium quota to the catching vessel which cooperates with the competent authority to carry out relevant experiments, researches or management measures.
The premium quota as referred to in the preceding paragraph shall not be transferred.
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