No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 20:30
:::

Select Folders:

Article Content

1.Signed on June 18, 2013 Signed on June 06, 2013 Entered into force on June 18, 2013
 
The Taipei Economic and Cultural Representative Office in the
United States (“ TECRO ” )and the American Institute in Taiwan
(“ AIT ” )(together referred to herein as “ the Parties ” or
individually as a “ Party ” );

Noting that the authorities of the territory represented by AIT
are Party to the 1995 Agreement for the Implementation of the
Provisions of the United Nations Convention on the Law of the
Sea of 10 December 1982 Relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks (“ 1995 UN Fish Stocks Agreement ” )and the 1993 FAO
Agreement to Promote Compliance with International Conservation
and Management Measures by Fishing Vessels on the High Seas (“
1993 FAO Compliance Agreement ” );

Bearing in mind that the need to achieve sustainable ocean
fisheries on a worldwide basis, as well as the effective
implementation of the 1995 UN Fish Stocks Agreement and the 1993
FAO Compliance Agreement, requires that all those concerned,
including States and fishing entities, work together through
appropriate arrangements;

Acknowledging the need to establish legally effective mechanisms
to facilitate the participation by the authorities of the
territory represented by TECRO in global, regional and
subregional fisheries organizations on an equitable basis;

Recognizing that the authorities represented by TECRO have
voluntarily implemented UNGA Resolution 46/215 since its
adoption;

Desiring, through their designated representatives, to cooperate
and work towards a mutually beneficial relationship in the field
of fisheries and aquaculture;

Represent as follows:

1. The Parties intend to cooperate, to the extent possible and
through their respective designated representatives, in the
implementation of the provisions of:
i. the 1995 FAO Code of Conduct for Responsible Fisheries; and
ii. the International Plans of Action for the Management of
Fishing Capacity, for the Conservation and Management of
Sharks, for Reducing Incidental Catch of Seabirds in
Longline Fisheries, for Preventing, Deterring and
Eliminating Illegal, Unreported and Unregulated (IUU)
Fishing, and the International Guidelines on Bycatch
Management and Reduction of Discards as adopted by the FAO.
2. TECRO provides assurances that, through its designated
representatives, it shall implement fisheries conservation
and management measures and regulate the activities of
fishing vessels registered in the territory it represents on
the basis of the 1995 UN Fish Stocks Agreement and the 1993
FAO Compliance Agreement.
3. AIT provides assurances that, through its designated
representatives, it will endeavor to assist the authorities
of the territory represented by TECRO to participate
equitably in global, regional and subregional fisheries
organizations.
4. The Parties, through their designated representatives, shall
seek to promote sustainable fisheries through the effective
operation of global, regional and subregional fisheries
management organizations and arrangements in which they both
participate. For the purposes of effective cooperation
between the Parties, bilateral consultations may be held
prior to annual meetings of such global, regional and
subregional fisheries management organizations and
arrangements.
5. In particular, the Parties shall work cooperatively within
such regional fisheries management organizations and
arrangements to promote the goals and objectives

set forth in the instruments cited above including, inter
alia:

i. conservation and management measures for fisheries resources
based on the best available scientific evidence;
ii. measures to improve data collection, fisheries statistics,
and catch records;
iii. measures to limit fishing capacity to levels commensurate
with the long-term sustainability of the affected
resources;
iv. measures to minimize bycatch of non-target fish,
including juvenile fish to the extent practicable, and
other species such as sea turtles, seabirds, marine mammals
and sharks, and measures to ban shark finning;
v. measures to establish effective programs for monitoring,
control and surveillance including observers, vessel
monitoring systems, and any other appropriate components;
vi. measures to deter vessels, companies and individuals
engaged in or supporting IUU fishing; and
vii. measures to prevent significant adverse impacts from
fishing activities on vulnerable marine ecosystems and
protect marine species under the purview of the relevant
RFMOs.
6. The Parties, through their designated representatives, shall
continue to cooperate, consistent with the laws and
regulations of the territories they represent, in the
implementation of UNGA Resolution 46/215, and shall also take
action against individuals, corporations and vessels subject
to those laws and regulations that may engage in large-scale
high seas driftnet fishing operations in the North Pacific
Ocean.
7. The Parties, through their designated representatives and
subject to the availability of resources, agree to:
i. exchange information on fisheries and aquaculture policy,
research and relevant scientific reports and publications;
ii. conduct joint studies and training programs on fisheries
and aquaculture;
iii. exchange visits of fisheries and aquaculture personnel;
and
iv. strengthen cooperation between their respective designated
representatives in the field of fisheries enforcement.
8. For the purposes of this Memorandum of Understanding, the
term “ designated representatives ” refers to:

for AIT: the United States Department of Commerce, the United
States Coast Guard and other appropriate agencies; and

for TECRO: the Council of Agriculture, the Coast Guard
Administration and other appropriate agencies.
9. The Parties, through their designated representatives, agree
to consult periodically on matters in relation to fisheries
and aquaculture, and any other matters arising from the
implementation of this Memorandum of Understanding.
10. This Memorandum of Understanding shall become effective on
the date of the last signature hereinafter and shall remain
effective for five years from that date. This Memorandum of
Understanding may be extended by written agreement of the
Parties.
11. Either Party may terminate this Memorandum of Understanding
by a written notice to the other Party ninety (90) days
prior to the intended date of termination.
12. This Memorandum of Understanding shall replace and supersede
the Memorandum Of Understanding Between the Taipei Economic
and Cultural Representative Office in the United States and
the American Institute in Taiwan Concerning Cooperation in
Fisheries and Aquaculture, signed at Washington, DC, April
21, 2008.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Memorandum of Understanding.


FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE IN
CULTURAL REPRESENTAIVE OFFICE TAIWAN
IN THE UNITED STATES

Pu-Tsung King Barbara J. Schrage
Representative Managing Director


JOINT PLAN OF WORK BETWEEN THE TAIPEI ECONOMIC AND CULTURAL
REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN
INSTITUTE IN TAIWAN CONCERNING COOPERATION IN FISHERIES AND
AQUACULTURE

The Taipei Economic and Cultural Representative Office in the
United States (TECRO) and the American Institute in Taiwan
(AIT), through their designated representatives, intend to work
individually and, where appropriate, collectively in taking the
following actions:

Cross-cutting Actions

1. Advocate for and support the modernization of Regional
Fisheries Management Organizations (RFMOs), in particular the
International Commission for the Conservation of Atlantic
Tunas, so as to strengthen the ability of those RFMOs to
achieve sustainable fisheries and to facilitate the
meaningful participation of the authorities represented by
TECRO in those RFMOs, taking into account the precedents in
the existing RFMOs.
2. Advocate for and support the meaningful participation of the
authorities represented by TECRO in other international fora
related to fisheries management including the UN Food and
Agriculture Organization (FAO).
3. Advocate for and support the adoption by RFMOs of
conservation and management measures based on best available
science to maintain fishing effort and catch at levels
commensurate with the sustainability of the stocks being
managed.
4. Advocate for and support the adoption by RFMOs of binding
conservation and management measures on fishing capacity,
bycatch species (including seabirds, sea turtles, sharks,
cetaceans, and juvenile tunas), and monitoring, control and
surveillance (including, port State measures, etc.), in order
to achieve sustainable fisheries resources in areas under the
competence of RFMOs.
5. Advocate for and support adoption by RFMOs of binding
measures to strengthen or establish data-collection programs
to obtain reliable estimates of fin fish, shark, sea turtle,
marine mammal and seabird bycatch, and to promote further
research on selective fishing gear and practices and on the
use of appropriate bycatch mitigation measures.
6. Cooperate to advance efforts to reduce bycatch of non-target
species in RFMO fisheries, including through improved data
collection, development of observer programs, development of
electronic monitoring, and implementation of more selective
fishing techniques.
7. Adopt effective measures, or strengthen existing measures, to
implement and enforce the present global moratorium on the
use of large-scale pelagic drift nets on the high seas, and
ensure that vessels owned or controlled by residents or
businesses under their respective jurisdictions that are duly
authorized to use large-scale drift nets in their territorial
seas and exclusive economic zones do not use such gear for
fishing on the high seas.
8. Prevent, deter and eliminate illegal, unreported and
unregulated (IUU) fishing by vessels registered in the
territory of the authorities it represents, as well as by
vessels registered elsewhere that are owned or controlled by
residents and businesses under the jurisdiction of its
authorities. To this end:

. Adopt a Plan of Action on IUU fishing if this has not yet
been done;
. Adopt and/or implement laws and regulations necessary to
effectively investigate allegations of IUU fishing and to
effectively penalize those engaged in IUU fishing, including
IUU fishing by vessels less than 24 meters in length;
. Ensure that authorities it represents do not provide support
to residents or businesses in that territory who are or have
been engaged in IUU fishing;
. Work with third party States to ensure, to the greatest
extent practicable, that vessels registered in those States
but owned or controlled by residents or businesses under the
jurisdiction of its authorities comply with domestic and
relevant RFMO conservation and management measures,
including shark finning measures;
. Support the implementation of port State measures consistent
with the 2009 FAO Agreement on Port State Measures to
Prevent, Deter, and Eliminate IUU Fishing, including through
the development and adoption of RFMO port State measures;
. Continue strengthening cooperation in the field of fisheries
enforcement and conducting and exchanging information on
fisheries enforcement patrol programs in the western,
central, and northern Pacific Ocean; and
. When there is reasonable evidence to believe that a vessel
registered in another territory is engaged, or has been
engaged, in IUU fishing, collect evidence to document and
report the alleged activity to the flag State for effective
follow-up enforcement action.
9. Conservation and Management of Sharks
. Actively support and promote within RFMOs the adoption of
new measures and implementation of existing measures to
conserve and manage sharks effectively, including
fins-attached measures, collection of species-specific
catch/landings/trade data to support stock assessments, and,
where appropriate, management measures for directed shark
fisheries;
. Ensure that vessels registered in the territory of the
authorities it represents comply with domestic and
international shark conservation and management measures;
and
. Enforce domestic measures prohibiting shark finning for
vessels landing sharks in the territory it represents.
10. Sea Turtles
. Pending adoption by relevant RFMOs of measures to conserve
sea turtles, introduce specific requirements for vessels
registered in the territory of the authorities it
represents (e.g., circle hooks, certain bait types, use of
de-hooker equipment, etc.) to minimize sea turtle bycatch
and increase post-release survival; and
. Participate in activities pursuant to the Indian Ocean and
South-East Asian Sea Turtle Memorandum of Understanding,
particularly sea turtle conservation projects.
11. Seabirds
. Fully implement the respective seabird Plans of Action, in
particular with respect to effective mitigation measures in
fisheries and the collection of bycatch data; and
. Work collaboratively on the development and implementation
of effective seabird mitigation measures for pelagic
longline gear.
12. Marine Mammals
. Work collaboratively through the relevant RFMOs on stock
assessments of marine mammal populations and the
development and implementation of effective marine mammal
bycatch mitigation measures for fishing gear known to take
cetaceans, including but not limited to pelagic longline
gear and gillnets, especially trammel nets (both bottom-set
and drifting);
. Reduce bycatch by halting practices and fishing gear known
to harm cetaceans at unsustainable levels (e.g.,
encirclement of cetaceans by purse seines); and
. Collaborate on overseeing, monitoring and regulating the
development of new fishing gear to ensure that marine
mammals are not harmed by such new fishing gear.
13. Increase efforts to assist developing State members of
RFMOs to participate effectively in the work of those
organizations and to meet their obligations as members of
those organizations, particularly in the areas of data
collection and reporting, such as through regular voluntary
contributions to applicable developing country assistance
funds.

Actions in Specific RFMOs and other International Fora

1. Western and Central Pacific Fisheries Commission (WCPFC)
. Fully implement the level of observer coverage required by
the WCPFC for all vessels registered in the territory of the
authorities it represents;
. In the Northern Committee, advocate for and support
agreement on a minimum vessel size for observer coverage for
the fresh fish fisheries operated in the northern area of
the WCPFC Convention Area. Advocate for and support
electronic monitoring and consider the feasibility of such
systems as possible alternative measures for observer
program in RFMOs. Advocate for and support the phase-in of
the WCPFC Vessel Monitoring System (VMS) in the area north
of 20N and west of 175E for fleets of highest priority;
. Advocate for and support a budget needed to support the work
of the WCPFC, consistent with the WCPFC Convention.
Recognize efforts to fulfill WCPFC resolution 2005-02
(reduction of Overcapacity) by the authorities represented
by TECRO; and
. Continue to advocate for and support the development of
rules of procedure for subsidiary bodies to ensure equal
participation of every member of the WCPFC.
2. Inter-American Tropical Tuna Commission (IATTC)
. Fully implement the level of observer coverage required by
the IATTC for all vessels registered to the territory it
represents;
. Actively and constructively participate in the IATTC ’ s
upcoming discussions on conservation and management measures
to be considered for 2013 and beyond during the annual
meeting(s) of the IATTC;
. Continue to provide complete and timely data on bigeye
longline catches in the eastern Pacific Ocean, as well as
data on bycatch by longline vessels;
. Cooperate and participate constructively in overall fishing
capacity management in the eastern Pacific Ocean, and in
particular implementation of the IATTC Plan for Regional
Management for Fishing Capacity, adopted in 2005;
. Strengthen the functioning of the IATTC, and promote the
ratification of or accession to the Antigua Convention; and
3. International Commission for the Conservation of Atlantic
Tunas (ICCAT)
. Ensure that their scientists participate in, and contribute
to, the activities of the Scientific Committee on Research
and Statistics, and that all ICCAT data collection and
reporting requirements are adequately fulfilled;
. Support efforts to enhance compliance with ICCAT
conservation and management measures, including by
strengthening monitoring, control and surveillance (MCS)
measures applicable on the fishing grounds and in port, in
particular, port inspection, VMS, and at sea transshipment
controls; and
. Advocate for and support ICCAT taking the necessary steps to
be a modern, effective and efficient organization fully
capable of achieving its mandate, such as by reviewing, and
amending as appropriate, the Convention and Rules of
Procedure, including participation rights of cooperating
non-contracting members, taking into account the provisions
of the 1995 U.N. Fish Stocks Agreement and other
international instruments with regard to membership in the
Commission by Fishing Entities.
4. International Science Committee for Tuna and Tuna-like
Species in the North Pacific Ocean (ISC)
. Provide complete and timely fishery statistics in accordance
with ISC rules, and identify and implement effective
solutions to address any failure to provide the data as soon
as possible in order to prevent further loss of data from
logbooks, port sampling, observer sampling, and landing
monitoring;
. Ensure that their scientists participate in, and contribute
to, the activities of the ISC; and . Continue to
collaborate on research for tuna and tuna-like species
covered by the ISC; and
. Promote additional transparency in the work of the ISC
including through provisions for allowing approved NGO
observers to attend meetings of the ISC.
5. North Pacific Anadromous Fish Commission (NPAFC)
. Continue to participate in NPAFC Annual Meetings, and
cooperate with the Commission ’ s enforcement, conservation
and management programs and objectives; and
. Endeavor to assist the authorities represented by TECRO to
become a cooperating non-party to NPAFC.
6. Indian Ocean Tuna Commission (IOTC)
. Advocate for and support efforts in the FAO Council and
Committee on Constitutional and Legal Matters to move IOTC
out of the FAO framework, thereby facilitating the
participation of Fishing Entities in the work of the IOTC;
and
. Support binding conservation and management measures for
cetaceans, including prohibiting the intentional
encirclement of cetaceans by purse seine vessels, the
development of robust observer programs, and the collection
of bycatch data by long line vessels operating in the Indian
Ocean, understanding the limitations of the status of the
respective parties.

Bilateral Actions

1. Continue to strengthen cooperation in the field of fisheries
enforcement and exchange information on fisheries enforcement
patrol programs in the western, central, and northern Pacific
Ocean.
2. Enhance the exchange of visits of personnel in the work of
fisheries management (including MCS, enforcement training)
and aquaculture.
3. Exchange information and policy on fisheries management and
aquaculture, including the work of marine spatial planning,
and the establishment of marine protected areas under the
jurisdiction of the respective parties.
4. Continue to exchange views on strategies in addressing agenda
items of RFMO meetings, and where appropriate, present joint
proposals prior to RFMO meetings where the authorities
represented by TECRO and AIT respectively, are members.

TECRO and AIT may periodically revise or update elements ofthis
Joint Work Plan by mutual decision.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)