This Act is enacted to ensure the conservation of marine fisheries resources, strengthen distant water fisheries management, curb illegal, unreported, and unregulated (hereinafter referred to as IUU) fishing, and improve traceability of catches and fisheries products, so as to promote the sustainable operation of distant water fisheries.

Matters related to distant water fisheries shall be governed by this Act. Matters not stipulated in this Act shall be governed by the Fisheries Act.

The competent authority of this Act shall be the Council of Agriculture, Executive Yuan.

Terms used in this Act shall be defined as follows:
(1) “ Fishing ” means activities of searching for, attracting, or catching marine fisheries resources, transshipping/transporting, landing, storing, processing or packaging catches or fisheries products, or providing supply.
(2) “Fishing vessel” means any vessel that conducts fishing.
(3) “ Distant water fisheries ” means using any fishing vessel to conduct fishing in the high seas or in internal waters, territorial seas and the exclusive economic zones of other countries (hereinafter referred to as “ waters under national jurisdictions of other countries ” ).
(4) “ Marine fisheries resources ” means marine living resources that can be utilized in fisheries.
(5) “ Distant water fisheries operator ” means any person that operates distant water fisheries.
(6) “ Distant water fisheries employee ” means any crew member of a fishing vessel and any other person that catches, lands or transships catches or fisheries products for any distant water fisheries operator.
(7) “ Industry related to distant water fisheries ” means relevant industry that engages in the processing, transporting, storing, purchasing, selling, selling on assignment, or export trade.
(8) “ International fisheries organization ” means any international fisheries management organization or regional or sub-regional fisheries management organization established in accordance with international conventions, treaties or agreements in which the Republic of China participates.
(9) “ Conservation and management measures ” means Recommendations or Resolutions that are adopted by international fisheries organizations and are in force and binding to conserve and manage marine fisheries resources.
(10) “ Transshipment at-sea ” means transferring catches or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters outside of port areas.
(11) “ Transshipment in-port ” means transferring catches or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters inside of port areas.
(12) “ Landing in-port ” means landing catches or fisheries products in waters inside of port areas.
(13) “ Observer ” means any person dispatched by the competent authority, international fisheries management organizations, or countries which the fisheries cooperation is engaged with to conduct observation, verification, data collection, sampling and other relevant missions on board any fishing vessel.
(14) “Illegal fishing” means fishing activities:
i. conducted by national or foreign fishing vessel in waters under the jurisdiction of a State without the permission of that State, or in contravention of its laws and regulations;
ii. conducted by any fishing vessel flying the flag of States that are parties to a relevant international fisheries organization, but operate in contravention of conservation and management measures adopted by that organization and by which the Stares are bound, or relevant provisions of the applicable international law; or
iii. in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant international fisheries organization.
(15) “Unreported fishing” means fishing activities:
i. that have not been reported or have been misreported to the relevant national authority, in contravention of national laws and regulations; or
ii. undertaken in the area of competence of a relevant international fisheries organization and that have not been reported or have been misreported in contravention of the reporting procedures of that organization.
(16) “Unregulated fishing” means fishing activities:
i. in the area of application of a relevant international fisheries organization that are conducted by fishing vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or
ii. in areas or for fish stocks in relation to which there are no applicable international conservation and management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international laws.
(17) “ Flag State ” means the State whose flag a vessel flies or is entitled to fly.
(18) “ Exclusive Economic Zone ” means the sea are contiguous to the outer limits of the territorial sea and to a distance measuring outwardly 200 nautical miles from the baseline of the territorial sea.

The competent authority shall, taking reference with international conventions, treaties, agreements and conservation and management measures, draw up and promulgate national plans of actions on the following matters with the pre-cautionary principle, ecosystem based approach and the best available scientific advice:
(1) Conservation, management, utilization and maintenance of maximum sustainable yield (MSY) of marine fisheries resources.
(2) Measures in response to the change of marine fisheries resources and marine ecosystem.
(3) Goals for sustainable operation, development strategies and implementing steps for distant water fisheries.
(4) Measures to balance the fishing capacity and the marine fisheries resources.
(5) Measures to guide, assist and subsidize the distant water fisheries operators, distant water fisheries employees and the industry related to distant water fisheries in response to the structure adjustment of the distant water fisheries.
(6) Establishment of a system of supervision and management of distant water fisheries and training of human resources.
(7) Training of human resources for the distant water fisheries and development of relevant technologies and equipment.
(8) Cooperation with other countries and international fisheries organizations.
(9) Prevention, deterrence and elimination of IUU fishing.
(10) Other matters necessary for effective control and management of distant water fisheries.