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Chapter Law Content

Chapter III Manning, Accountabilities, and Watch-keeping for Crew Members
Article 22
The minimum numbers of crew members and officers for anyfishing vessel of 20 tonnages or above are prescribed in Appendix 5.
Article 23
The rankings of officers’ positions as stipulated in Article 4 shall be ranked in sequence from high to low as follows, and any officer that assumes a position of higher ranking order may assume a position of lower ranking order:
(1) Navigation section: first level captain, first level mate, second level captain, second level mate, third level captain, third level mate.
(2) Engineering section: First level chief engineer, first level second engineer, first level engineer, second level chief engineer.
(3) Telecommunication section:
i. GMDSS radio station: GMDSS radio electronic operator, GMDSS general operator, GMDSS restricted operator.
ii. Non-GMDSS radio station: First grade telephone operator, second grade telephone operator.
Any officer of navigation or engineering section assuming a lower ranking order position who obtains the approval after applying, through his/her fishery operator, to the municipal or county (city) competent authority concerned may act for the officer whose position is one ranking higher than him/her. Exceptionally, a second level mate may act for first level mate; a third level captain may act for second level captain; and a first level engineer may act for first level chief engineer. The cumulative term of acting-for shall not exceed three years.
Any crew member of 18 years of age serving on a fishing vessel other than a fishing raft and a sampan for one year who obtains the approval after applying, through his/her fishery operator, to the municipal or county (city) competent authority concerned may act for third level captain or second level chief engineer.The cumulative term of acting-for shall not exceed two years.
Any foreign crew member employed overseas or in accordance with the Employment Service Act that meets the qualifications as stipulated in the preceding paragraph and serves on board a fishing vessel with a Distant Water Fisheries Permit and 750 or less kilowatts of the thrust power of main engine may act for second level chief engineer. The cumulative term of acting-for shall not exceed two years.
Article 24
A captain shall be held accountable for affairs relating to safety and management of a fishing vessel and be in charge of the following duties:
(1) To verify if all crew members carry a valid Fishing Vessel Crew Identification, Fishing Vessel Foreign Crew Identification, or Certificate of Fishing Vessel Officer.
(2) To supervise and direct all crew members to conduct navigation activities and fishery operations. In case of more than two fishing vessels jointly operating as a group, the captain(s) of the subsidiary fishing vessel(s) shall obey the command of the captain of the main fishing vessel.
(3) To select fishing grounds, decide operation locations, and instruct fishing techniques.
(4) To manage the use and maintenance of fishing gears and navigational and fishing equipment.
(5) To have the full knowledge of the structure and functions of the fishing vessel and at all times to be aware of relevant safety examinations. The outgoing captain shall hand over the aforementioned knowledge of the fishing vessel and relevant records to the successor.
(6) To proceed with immediate rescue in case of other fishing vessel(s) calling for help, unless the fishing vessel itself is also in danger.
(7) To take good care of all legal proofs and documents pertaining to the fishing vessel.
(8) To keep entry of and examine the deck logbook and fishing logbook at all times.
(9) To instruct interns and assess their performance.
(10) To completely and accurately record on the deck logbook the whole story, time, and location in case of any of the following circumstances and submit such record to the competent navigation and fishery authorities at which the port of first arrival of the fishing vessel is located:
i. Having encountered maritime distress and danger.
ii. Having discovered the collision or casualty of other vessel(s).
iii. Having rescued vessel(s) or person(s) in maritime distress.
iv. Having imposed disposition on any crew member for his/her negligence.
v. Having encountered the accident that any crew member is missing, dead, injured or infected with contagious disease;
vi. vi. Having experienced other important matters.
(11) To prepare a sea protest in accordance with Article 66 of the Seafarer Act.
(12) To provide observers and inspectors with necessary and adequate assistance for carrying out their duties.
(13) To conduct any matter assigned by the competent authority.
Where a fishing vessel has deployed a mate on board, the duty as referred to in sub-paragraph (4) of the preceding paragraph shall be conducted by the said mate.
Article 25
A mate shall, pursuant to the command of a captain, assist with navigation of fishing vessel, manage deck affairs, and direct all levels of crew members of navigation section to conduct operations and internship tasks.
Where a captain dies or cannot carry out his/her duties for any reason during navigation and no successor has ever been appointed, the mate who holds the highest ranking order among officers of navigation section shall act for the captain.
Article 26
A chief engineer shall, pursuant to the command of a captain, supervise and direct the operations of engineering section, and be in charge of the following duties:
(1) To manage the use and maintenance of the engines.
(2) To examine all parts of the machine components before leaving a port or after arriving at a port.
(3) To supervise crew members of the engineering section to conduct repair works that are able to be done on their own.
(4) To immediately examine all parts of machine components and the functions, report to the captain, and record examination results on the engine logbook when the fishing vessel has collided or grounded.
(5) To have the full knowledge of and to keep record of the engine functions. The outgoing chief engineer shall hand over the aforementioned knowledge of the engine functions and relevant records to the successor.
(6) To supervise interns in the engineering section and assess their performance.
(7) To completely and accurately record on the engine logbook the whole story, time, and location in case of any of the following circumstances and submit such record, through the captain, to the competent navigation and fishery authorities at which the port of first arrival of the fishing vessel is located:
i. Having experienced serious malfunction of engines or catastrophic accident of the engine room.
ii. Having given to other vessel(s) any fuel or spare machine component(s) in order to rescue the said vessel(s) or taken from other vessel(s) any fuel or spare machine component(s).
iii. Having encountered other important matters relevant to the engineering section.
Article 27
Both first level second engineer and first level engineer shall, pursuant to the command of a first level chief engineer, assist with affairs relating to the engineering section and be in charge of the trainings for interns of the engineering section. Where a first level chief engineer cannot carry out his/her duties for any reason, the first level second engineer of the fishing vessel shall act for the first level chief engineer.
Article 28
A telecommunication operator shall, pursuant to the command of a captain, be responsible for all affairs relating to telecommunications and be in charge of the following duties:
(1) To take care of communication equipment and documents relating to plain and secret codes and relevant laws or regulations on telecommunications.
(2) To listen to and record broadcast on fishery weather forecasting and fishing conditions, and report to the captain at all times.
(3) To report fishing vessel’s positions to coast radio station.
(4) To communicate with designated agencies in accordance with prescribed time.
(5) To abide by relevant regulations on telecommunications.
(6) To immediately report to the captain for further instructions and completely and accurately record relevant information on the logbook of telecommunications in case of any of the following circumstances:
i. Having received rescue signal(s) from other vessel(s);
ii. Having received any instruction on navigation from coast radio station;
iii. Having received emergency notification from other unit(s);
iv. Having received telecommunications data on the trend of inclement weather;
v. Having received codes for notification from coast radio station or other vessel radio station, which might affect the safety of the fishing vessel.
(7) To conduct any other matters temporarily assigned by captain.
(8) To avoid any communication with any non-designated agency, except for the communication with other domestic coast radio station(s) or domestic vessel radio station(s) which is under the direction or permission of the captain and necessary for operation and navigation safety.
(9) Other matters relating to telecommunications.
For any fishing vessel which has not deployed a telecommunication operator on board, the duties of telecommunication operator shall be conducted by an officer who has taken trainings relating to telecommunications.
Article 29
Any ordinary crew shall be supervised and directed by the captain and relevant officers to engage in operations..
Article 30
Any crew member shall conduct the navigational watch-keeping, engine-room watch, or radio watch in accordance with relevant regulations of international standards.