Regulations for Tuna Longline or Purse Seine Fishing Vessels Proceeding to the Pacific 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 or Purse Seine Fishing Vessels Proceeding to the Pacific Ocean for Fishing Operation CH
Category：	Ministry of Agriculture（農業部）
Attachment：	Appendix 1 Area of Competence of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.PDF Appendix 2 Area of Competence of the Convention for the Establishment of an Inter-American Tropical Tuna Commission and the Convention for the Strengt.PDF Appendix 3 Bigeye Tuna Fishing Areas forLarge Scale Lonliners in the Pacific Ocean.PDF Appendix 4 Albacore Tuna Fishing Area for Large Scale Longliners in the Pacific Ocean.PDF Appendix 5 Fishing Area for Small Scale Longliners in the Pacific Ocean.PDF Appendix 6 Application Form for Large Scale Longliners Operating in the Pacific Ocean.PDF Appendix 7 Application Form for Small Scale Longliners Operating in the Pacific Ocean.PDF Appendix 8 Application Form for Tuna Purse Seine Fishing Vessels Operating in the Pacific Ocean.PDF Appendix 9 Application Form for Carrier Vessels of the Republic of China.PDF Appendix 10 Specification of Width, Height and Color of Characters for Vessel Markings.PDF Appendix 11 Figure of Shark Line.PDF Appendix 12 De-hooker（left）and Scoop net（right）.PDF Appendix 13 Specification of Seabirds Mitigation Measures in the WCPFC Convention Area.PDF Appendix 14 Areas to Use Seabird Mitigation Measures in the IATTC Convention Area.PDF Appendix 15 Specifications for Seabird Mitigation Measures in the IATTC Convention Area.PDF Appendix 16 Facsimile Form for Vessel Position and Fishing Operation Information.PDF Appendix 17 WCPFC EHSP Sighting Report.PDF Appendix 18 Designated Ports for Catching Vessels to Land or Transship in the Pacific Ocean.PDF Appendix 19 Information to Be Submitted for Carrier Vessels Intending to Transship in Port or at Sea.PDF Appendix 20 WCPFC TRANSSHIPMENT NOTIFICATION.PDF Appendix 21 IATTC Transshipment Notification.PDF Appendix 22 TRANSSHIPMENT NOTIFICATION FOR TUNA PURSE SEINER.PDF Appendix 23 WCPFC TRANSHIPMENT DECLARATION.PDF Appendix 24 IATTC TRANSHIPMENT DECLARATION.PDF Appendix 25 TRANSSHIPMENT DECLARATION AND LANDING NOTIFICATION FOR TUNA PURSE SEINER.PDF Appendix 26 Advance Notice of Landing／Landing Declaration for Catches of Distant Water Fishing Vessels.PDF Appendix 27 Notification Form of Entry into or Exiting High Seas.PDF Appendix 28 Discard Notification of Purse Seiner Catches.PDF Appendix 29 Report on Incidental Catch by Purse Seine Fishing Vessels.PDF Appendix 30 The conversion factors between the weights of processed fish and round fish.PDF

Chapter X Observation andInspection during FishingOperation

Article 80

The distant water fisheries operator of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1) He/she shall notify the competent authority in writing seven working days before the date of estimated port entry or departure.
(2) To embark and disembark the observer at the time and place informed by the competent authority.
(3) To provide the observer, while onboard the vessel, with food, accommodation, adequate sanitary amenities, and medical facilities of a reasonable standard equivalent to those normally available to an officer onboard the vessel.
(4) To instruct the captain and crew of the vessel matters related to the cooperation with or assisting the observer in carrying out the duties.

Article 81

The captain of any fishing vessel that receives the observer dispatched by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization shall comply with the following:
(1) The captain shall attend the pre-sail training course given by the competent authority.
(2) When an observer is on board the fishing vessel, the captain shall inform the observer of the daily routine, personal safety and vessel equipment.
(3) The captain shall cooperate with and assist the observer in carrying out duties, and shall not evade, obstruct or refuse to answer the inquiry related to the observation mission.
(4) The captain shall not interfere with, assault, intimidate, or bribe the observer.
(5) The captain shall provide the observer with adequate space, facilities, equipment and information on the vessel necessary for his daily living and for carrying out his/her duties.
(6) The captain shall request the crew to comply with the provision stipulated in the preceding three subparagraphs.
(7) The captain shall sign on the record(s) of observation written by the observer. In case there are different views on the record(s) of the observer, captain’s opinions may be added.
(8) The captain shall ensure the safety of the observer. In case of emergency or distress, special care and refuge shall be provided to the observer.

Article 82

In the event of boarding and inspection conducted by the inspector(s) dispatched by the competent authority, any captain and crew of the inspected vessel shall cooperate with, facilitate the safe boarding and disembarkation of the inspector(s), and provide the inspector(s) with adequate space, facilities and equipment for carrying out the duties.

Article 83

In the event that an observer dies or the search and rescue are ceased for a missing observer fallen overboard, the fishing vessel shall immediately cease fishing operations, and the competent authority shall order such vessel to navigate directly to the port designated by the competent authority for investigation.
In the event that an observer suffers from a serious illness or injury that threatens his or her health or safety, the fishing vessel shall immediately cease fishing operations and facilitate the disembarkation of the observer for appropriate medical treatment.
In the event that an observer is assaulted, intimidated, threatened, or harassed, the competent authority may order such vessel to immediately cease fishing operations and navigate to the designated port within the required timeframe.