Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation - Chapter - Laws & Regulations Database of The Republic of China (Taiwan)

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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：	Appendix 1 The area of the Indian Ocean.pdf Appendix 1-1 The area of the Southern Indian Ocean Fisheries Agreement.pdf Appendix 2 The bigeye tuna fishing area.pdf Appendix 3 The oilfish fishing area.pdf Appendix 4 The albacore tuna fishing area.pdf Appendix 5 The fishing area for small scale longliners.pdf Appendix 6 Application Form for Large Scale Longliners.pdf Appendix 7 Application Form for Small Scale Longliners.pdf Appendix 8 Application Form for Carrier Vessels of the Republic of China.pdf Appendix 9 Specification of Width, Height and Color of Characters for Vessel Markings.pdf Appendix 10 De-hooker (left) and Scoop net (right).pdf Appendix 11 RESOLUTION 1206 ON REDUCING THE INCIDENTAL BYCATCH OF SEABIRDS IN LONGLINE FISHERIES.pdf Appendix 12 Facsimile Form for Vessel Position and Fishing Operation Information.pdf Appendix 13 Designated Domestic and Foreign Ports Located in the Indian Ocean for Tuna Longline Fishing Vessels to Land or Transship.pdf Appendix 14 Information to Be Submitted for Carrier Vessels Intending to Transship in Port or at Sea.pdf Appendix 15 TRANSSHIPMENT NOTIFICATION.pdf Appendix 16 IOTC Transhipment declaration.pdf Appendix 17 Advance Notice of Landing／Landing Declaration for Catches of Distant Water Fishing Vessels.pdf Appendix 17-1 Notification Form for Loss of Abadoning Fishing Gear.pdf Appendix 17-2 List of Deep Sea Shark Species.pdf Appendix 17-3 Notification Form for Fishing Vessels Entry to and Exit from the Area of the Southern Indian Ocean Fisheries Agreement.pdf Appendix 17-4 Notification Form for Transfer at Sea.pdf Appendix 17-5 At-Sea Transfer Declaration.pdf Appendix 18 The conversion factors between the weights of processed fish and round fish.pdf

Chapter VI Management of Vessel Position Reporting

Article 33

The ALC on board shall be maintained functional at all time, whether at sea or in port.
The ALC on board any fishing vessel shall automatically transmit at least one vessel position in every hour.
Fees for the services and communications of the ALC shall be borne by distant water fisheries operators. The competent authority may subsidize depending on the financial situation of the government.
Except for the purpose of repair or replacement approved by the competent authority, any ALC which has been installed on board and has transmitted a vessel position shall not be removed from the fishing vessel.

Article 34

In case that a fishing vessel needs to stay in a domestic port for three days and above; or in a foreign port for dry docking; or in a foreign port for seven days and above, its distant water fisheries operator may apply to the competent authority with documentary proof for switching off the ALC, which may only be switched off after obtaining approval.
In the case of a fishing vessel applying for switching off the ALC during its stay in a foreign port for the purposes except for dry docking, a photograph showing the berthing of such fishing vessel shall be provided weekly. The competent authority may order to switch on the ALC concerned in case of failing to provide the photograph in due course.
The period of switching off the ALC as approved in accordance with paragraph 1 shall not exceed six months for each application. Extension may be applied by the distant water fisheries operator concerned in accordance with paragraph 1 before the period is expired.
Any fishing vessel shall not leave the port during the period of switching off the ALC.
In the event that the ALC onboard is rebooted, the fishing vessel may only leave the port after the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.

Article 35

Any fishing vessel of 100 GT and above shall carry at least one spare set of ALC on board.
In case that the identification number of ALC on board has been changed, the distant water fisheries operator shall notify the competent authority or the commissioned professional institution in writing.

Article 36

The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC four times consecutively for any fishing vessel. In the event that the ALC is signal-lost for three consecutive days, it is deemed as mal-function.
The malfunctioning ALC shall be repaired no later than 30 days.
In the event that the ALC on board is signal-lost or mal-functional, the distant water fisheries operator or the captain shall immediately send information related to vessel positions by facsimile to the commissioned professional institution and the vessel positions shall be recorded by automatic recording satellite navigator for perusal in later days. The format of the facsimile is as shown in Appendix 12.
The transmit of vessel positions as referred to in the preceding paragraph shall be every four hours for any fishing vessel.
For any fishing vessel with spare set of ALC on board, it shall report to the competent authority of using the spare set during the malfunction of the ALC. In case that the spare set is also mal-functional, the spare set from other fishing vessel may be deployed after obtaining the competent authority’s approval.

Appendix 12 Facsimile Form for Vessel Position and Fishing Operation Information.pdf

Article 37

In the event that the ALC onboard is deemed as signal lost for an accumulative period of 15 days and above during one fishing trip, the competent authority may order such fishing vessel to stop fishing immediately and directly navigate to a designated port within the required timeframe for repair and inspection(s) conducted by personnel dispatched by the competent authority, and the vessel shall not leave the port until the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.
Any expense incurred from port return, port entry and confirmation of position transmitting as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.

Article 37-1

For any fishing vessel that is not within the water under the national jurisdiction of the Republic of China and without a valid distant water fisheries permit, it shall still maintain its ALC operational year-round, and Article 33 to 37 shall apply to such vessel.