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Chapter VIII Catch Monitoring Form
Article 40
The applicant of southern bluefin tuna Catch Monitoring Form is limited to the distant water fisheries operator of the fishing vessel that catches the southern bluefin tuna. The format of the Catch Monitoring Form is shown as Appendix 5.
Article 41
For the application of southern bluefin tuna Catch Monitoring Form, the applicant shall fill in and submit the application form to the competent authority with the enclosure of the following documents:
(1) The Notification Sheet of the Southern Bluefin Tuna Caught by Fishing Vessel certified by the Tuna Association. The format of the Notification Sheet is as shown in Appendix 6.
(2) A certificate showing the detailed amount of southern bluefin tuna transshipped by a carrier vessel.
(3) A certificate issued by the Tuna Association proving the distant water fisheries operator has paid the reimbursement for the vessel reduction program in respect of the amount of catch of frozen tuna and billfish recorded in the transshipment declaration.
(4) The Catch Tagging Form.
(5) Three copies of the southern bluefin tuna catch monitoring form with completed information in printing.
For any southern bluefin tuna catch that has been transshipped, the following persons shall confirm and sign the transshipment column in the Catch Monitoring Form:
(1) For at-sea transshipment: the concerned fishing vessel and carrier vessel captains and the regional observer.
(2) For in-port transshipment: the concerned fishing vessel and carrier vessel captains.
Article 42
The transshipment of any southern bluefin tuna of the current fishing year that is permitted to be kept in the fish hold(s) onboard shall be completed before October 31 of the following fishing year, and the application of the Catch Monitoring Form shall be made as well.
Article 43
In the event that the catches of southern bluefin tuna caught by a fishing vessel is shipped back for domestic sale, the distant water fisheries operator shall report the flow of such catches to the competent authority when applying for the Catch Monitoring Form.
Article 44
In case of any of the following circumstances, in addition to the punishments prescribed in Article 36, paragraph 1 to 4 or Article 41, paragraphs 1 and 2 of the Act and confiscation of the catch pursuant to Article 43 of the Act, the application for southern bluefin tuna catch monitoring document shall be denied:
(1) The southern bluefin tuna is caught by any fishing vessel listed in the list of illegal, unreported and unregulated fishing vessels as promulgated in accordance with Article 13, paragraph 2 of the Act.
(2) In violation of provisions stipulated in Article 13 of the Act or Article 48, paragraph 1 of the Fisheries Act during fishing operation of the fishing vessel.
(3) Catching southern bluefin tuna without the permit from the competent authority.
(4) Failure to apply for transshipment or landing in accordance with relevant regulations.
Article 45
The southern bluefin tuna Catch Monitoring Form will be issued for the application made in accordance with Article 41 and approved by the competent authority after being examined.
The period of validity of the southern bluefin tuna Catch Monitoring Form shall be four years starting from the date of completion of the landing.
Article 46
Any distant water fisheries operator that obtains the southern bluefin tuna Catch Monitoring Form shall, within 60 days after the customs clearance for exportation/distribution of catches or fisheries products is completed, fill in the Write-off Application Form and submit to the competent authority for write-offs with the enclosure of the following documents:
(1) The document on customs clearance issued by the importing country. For catches exported from the Republic of China, a copy of the customs export declaration shall be enclosed. Catches shipped back to the Republic of China shall be exempted from such provisions.
(2) The copy of sales information of catches.
In the event that the document enclosed with the application as referred to in the preceding paragraph is not written in Chinese or English, a Chinese translation shall be enclosed. For any applicant that fails to enclose the Chinese translation, the competent authority shall notify such applicant to supplement necessary documents within the required timeframe. Failing to supplement within the required timeframe shall be deemed as failing to apply for write-offs.
Article 47
Provisions in the “Regulations for Issuing Distant Water Fisheries Catch Certificates” shall apply, mutatis mutandis, for the cancellation and re-issuance of southern bluefin tuna Catch Monitoring Form.