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Chapter V Legitimate Catch Certificates
Article 20
For any application of the Legitimate Catch Certificate, the fishing vessel shall meet the following requirements during its fishing operation:
(1)Provisions on vessel position reporting, logbooks and catch reports, and transshipment and landing prescribed in related Regulations for fishing operation in three Oceans are complied with in accordance with its fishing area.
(2)It is not listed on the IUU fishing vessels list as promulgated pursuant to Article 13, paragraph 2 of the Act.
(3)It has not violated any of the provision stipulated in Article 13, paragraph 1 of the Act; or Article 48, paragraph 1 of the Fisheries Act.
Article 21
For any application of the Legitimate Catch Certificate, the applicant shall fill in application form in the required format and submit to the competent authority together with the following documents,:
(1)For any applicant as referred to in subparagraph (2) of Article 4, paragraph 1, the record that can trace back to the transaction of distant water fisheries operator and relevant document(s) proving the trade shall be enclosed.
(2)A copy of transport document/bill of the exported catches or fisheries products. In the event that the application for the Legitimate Catch Certificate is to replace it with the EU Catch Certificate; or is to be served as the origin certificate to apply for relevant documents from other authorities; or is to be served as the certificate for purchasing or selling legitimate catches, the enclosure of such document shall be waived.
The Legitimate Catch Certificate will be issued after the application as referred to in the preceding paragraph is examined and determined to be compliant with relevant requirements.
Article 22
In case of any of the following circumstances, the Legitimate Catch Certificate shall not be issued:
(1)Any of the circumstances stipulated in subparagraph (1) to (4) of Article 10, or subparagraph (5) of Article 17.
(2)The fishing vessel does not meet the provisions stipulated in Article 20.
(3)The Legitimated Catch Certificate previously obtained by the applicant is not written off in accordance with Article 23, or not cancelled in accordance with Article 29.
Article 23
Except for the circumstances prescribed in paragraph 3, any applicant shall, within two months after the issuance of the Legitimate Catch Certificate, fill in the application form in the required format and submit it to the competent authority together with the following documents for write-off:
(1)The document(s) proving the customs clearance.
(2)The document(s) proving the trade between the applicant and foreign buyer(s).
In case that the documents as referred to in the preceding paragraph are not in Chinese, English or Japanese, copies of Chinese or English translation shall be enclosed.
In case of any of the following circumstances, the applicant shall be exempted from conducting the write-off as referred to in paragraph 1:
(1)The Legitimate Catch Certificate has been replaced to apply for the EU Catch Certificate.
(2)The Legitimate Catch Certificate is served as an origin certificate to apply for relevant documents from other authorities.
(3)The Legitimate Catch Certificate is served as the certificate for purchasing or selling legitimate catches.