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Title: Regulations for Tuna Longline Fishing Vessels Proceeding to the Indian Ocean for Fishing Operation CH
Category: Ministry of Agriculture(農業部)
Attachment:
Chapter VII Logbooks and Catch Reports
Article 38
In the event that any tuna longline fishing vessel leaves a port, its captain shall daily report catch data through the E-logbook system designated by the competent authority, and shall also fill in the logbooks designated by the competent authority. Catch reports shall be filled in completely and accurately, and where the catch amount is zero, catch reports shall be filled in as well.
In case that there is any discrepancy between any datum recorded in the E-logbook system and the logbook, the datum recorded in the E-logbook system shall prevail.
In case that the E-logbook system fails to report catch data on the day, the distant water fisheries operator or the captain shall transmit catch data via facsimile to the competent authority or the commissioned professional institution next day. Such catch data shall be signed by the distant water fisheries operator or the captain.
In the event that the E-logbook system fails to report catch data for five consecutive days, it is deemed as mal-function. The malfunctioning E-logbook system shall be repaired no later than 30 days.
In the event that the E-logbook system onboard is deemed as mal-functional 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 E-logbook system can normally transmit data.
Any expense incurred from port return, port entry and confirmation of E-logbook system as referred to in the preceding paragraph shall be borne by the distant water fisheries operator.
Article 39
Any tuna longline fishing vessel shall not catch southern bluefin tuna without permission, and in case of bycatch, the fishing vessel shall immediately discard such catch and record the amount of discard in the logbooks and E-logbook system.
In the event that the allowed individual vessel quota of the fish species with catch limit is exhausted, any tuna longline fishing vessel shall immediately discard any subsequent catch of such species and shall record the amount of discard on the logbooks and the E-logbook system.
Any tuna longline fishing vessel shall not catch or retain striped marlin, blue marlin, black marlin, or Indo-Pacific sailfish smaller than 60 centimeters Lower Jaw Fork Length (LJFL), and the incidental catch shall be released when being caught alive or discarded dead, and the number(s) shall be duly recorded on the logbooks and the E-logbook system.
Article 40
In case that any tuna fishing vessel finds any sea turtle during fishing operation, such vessel shall, where practicable, bring aboard any comatose or inactive sea turtle as soon as possible, and foster its recovery and return it to the sea at once after recovery.
Any seabird, sea turtle, whale shark, cetacean, penguin or prohibited species promulgated by the competent authority incidentally caught by any tuna fishing vessel shall be released when caught alive or discarded dead, and harpoons or sharp objects shall not be used.
When a tuna longline fishing vessel releases or discards any species as referred to in the preceding paragraph, the number(s) released or discarded shall be duly recorded on the logbooks and the E-logbook system.
Article 41
The number(s) of any fish species of no economic value or no utilizing value caught and discarded by any tuna fishing vessel shall be released immediately, and number(s) discarded shall be duly recorded on the logbooks and the E-logbook system.
For any tuna longline fishing vessel to discard any spoiled catch, the competent authority shall be notified, in advance of the discard, of the species, amount, and fishing period, and proving documents shall be provided for examination after the discard.
In case that the catch discarded pursuant to the preceding paragraph is fish species with catch limit, the amount discarded shall be counted as the amount of the quota used.
Article 42
The datum reported through the E-logbook system shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.
Article 43
The complete logbooks shall be maintained on board any tuna longline fishing vessel for at least one year.
Article 44
The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any tuna longline fishing vessel and the actual landing amount shall not exceed the following margins:
(1) For species with catch limit: 10% of the actual landing amount.
(2) For albacore tuna, oil fish, swordfish, or blue marlin: 20% of the actual landing amount.
(3) For species except for those referred to in the preceding two subparagraphs: 25% of the actual landing amount.
In case that the discrepancy exceeds the ratio as referred to in the preceding paragraph, whereas the following provisions are met, the competent authority, at its discretion, may deem such situation as non-misreporting:
(1) For species with catch limit, the discrepancy is less than two metric tons.
(2) For albacore tuna, oil fish, swordfish, or blue marlin, the discrepancy is less than four metric tons.
(3) For species except for those referred to in the preceding two subparagraphs, the discrepancy is less than six metric tons.
The discrepancy as referred to in subparagraphs (1) and (2) of the preceding two paragraphs shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding two paragraphs shall be calculated by sharks and other species respectively.
Article 45
Any of the following conditions shall be defined as “seriously misreporting” as referred to in subparagraph (12) of Article 13, paragraph 1 of the Act:
(1) For fish species with catch limit, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds two metric tons as well as 20% of the actual landing amount.
(2) For albacore tuna, oil fish, swordfish, or blue marlin, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds four metric tons as well as 50% of the actual landing amount.
(3) For species except for those referred to in the preceding two subparagraphs, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds six metric tons as well as 50% of the actual landing amount.
The discrepancy as referred to in subparagraphs (1) and (2) of the preceding paragraph shall be calculated by each species. The discrepancy as referred to in subparagraph (3) of the preceding paragraph shall be calculated by sharks and other species respectively.