Article 2
Terms used in these Regulations are defined as follows:
(1)“Tuna longline fishing vessel” means any fishing vessel targeting highly migratory fish species such as tunas, billfishes, sharks, skipjacks or mahi mahi with longline fishing gears.
(2)“Tuna purse seine fishing vessel” means any fishing vessel targeting tunas and skipjacks with purse seine fishing gears.
(3)“Catching vessel” means tuna longline fishing vessel and tuna purse seine fishing vessel collectively.
(4)The Area of “The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (hereinafter referred to as ‘WCPFC Convention Area’)” means the waters of the Pacific Ocean bounded to the south and to the east by the following line: from the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude; thence due east along the 55° parallel of south latitude to its intersection with the 150° meridian of east longitude; thence due south along the 150° meridian of east longitude to its intersection with the 60° parallel of south latitude; thence due east along the 60° parallel of south latitude to its intersection with the 130° meridian of west longitude; thence due north along the 130° meridian of west longitude to its intersection with the 4° parallel of south latitude; thence due west along the 4° parallel of south latitude to its intersection with the 150° meridian of west longitude; thence due north along the 150° meridian of west longitude. The WCPFC Convention Area is as shown in Appendix 1.
(5)The Area of “The Convention for the Establishment of an Inter-American Tropical Tuna Commission” and “The Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (hereinafter referred to as ‘IATTC Convention Area’)” means the waters of the Pacific Ocean bounded by the coastline of North, Central, and South America and by the following lines: the 50°N parallel from the coast of North America to its intersection with the 150°W meridian; the 150°W meridian to its intersection with the 50°S parallel; and the 50°S parallel to its intersection with the coast of South America. The IATTC Convention Area is as shown in Appendix 2.
(6)“Independent third party” means any of the following institutions recognized by the competent authority:
i.For Japan:
(i)Shinken Corporation.
(ii)Nippon Kaiji Kentei Kyokai, Incorporated Association.
ii.For areas excluding Japan: the verifying institution which obtains the accreditation for management system certification from the Taiwan Accreditation Foundation (TAF).
(7)“Carrier vessel” means the following vessels that conducts the transshipment of catches from catching vessels to itself and transports to ports:
i.‘Carrier vessel of the Republic of China’ refers to the carrier vessel which has the fishing license of the Republic of China.
ii.‘Foreign carrier vessel’ refers to the carrier vessel, excluding container vessel, which has the valid nationality certificate of the flag State of a foreign country.
iii.‘Part-time carrier vessel’ refers to the tuna longline fishing vessel which conducts part time the transshipment of catches.
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Article 10
Any fishing vessel that applies for the distant water fisheries permit of the bigeye tuna group for the following year shall meet any of the following conditions:
(1)It belongs to the bigeye tuna group in the current year with the competent authority’s approval.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the bigeye tuna group.
Any fishing vessel that applies for the distant water fisheries permit of the albacore tuna group for the following year shall meet any of the following conditions:
(1)It belongs to the albacore tuna group in the current year with the competent authority’s approval.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the albacore tuna group.
Any fishing vessel that applies for the distant water fisheries permit of the frozen yellowfin tuna group for the following year shall meet any of the following conditions:
(1)It belongs to the frozen yellowfin tuna group in the current year with the competent authority’s approval and it has not changed to fish in the Indian Ocean in the current year.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the frozen yellowfin tuna group.
Any fishing vessel that applies for the distant water fisheries permit of the seasonal sharks group for the following year shall meet any of the following conditions:
(1)From 2009 to 2015, the catch amount of sharks during one fishing trip exceeds 50% of the total catch amount.
(2)It is a newly built fishing vessel which has received the replacement tonnage of a fishing vessel of the seasonal sharks group.
Small scale longliners shall not simultaneously apply for the permits for proceeding to the Pacific Ocean and Indian Ocean for fishing operation.
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Article 20
The IRCS of a fishing vessel is its radio call sign.
Vessel markings shall be painted with marine-specific paint.
Characters of the Chinese vessel name shall be block letters, and the numbers may be Arabic numerals. Characters of the English vessel name, CT numbers and the IRCS shall be capital letters and Arabic numerals. The height, width, and colors of characters shall meet the specifications as shown in Appendix 10.
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Article 21
Vessel markings shall be placed in accordance with the following:
(1)The Chinese vessel name shall be placed on the port bow and the starboard bow, and the center of stern or port quarter or starboard quarter, where the vessel name is clearly visible.
(2)The English vessel name shall be placed on the port bow and the starboard bow, and the center of stern or port quarter or starboard quarter, under the Chinese vessel name.
(3)The CT numbers shall be placed on the port bow and the starboard bow, under the English vessel name.
(4)The IRCS shall be placed above the waterline on both sides of any fishing vessels and on a deck where the IRCS is not obscured by fishing gear(s), and shall be clear of the bow, stern, discharge or areas which might be prone to damage or discoloration. In case that the lowest edge of characters is under the waterline when the fish holds are full, the IRCS shall be placed on the fishing vessel’s superstructure.
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Article 28
Any tuna longline fishing vessel fishing in the WCPFC Convention Area shall use the seabird mitigation measures,specifications of which are as shown in Appendix 13, in accordance with the following provisions:
(1)When fishing in the WCPFC Convention Area north of 23°N, the tuna longline fishing vessel shall use at least two seabird bycatch mitigation measures which may be the installation of two sets of tori lines or one set of tori line together with one of the following measures: weighted branch lines, night setting, management of offal discharge, blue dyed bait and deep setting line shooter.
(2)When fishing in the WCPFC Convention Area south of 30°S, the tuna longline fishing vessel shall use at least two seabird bycatch mitigation measures, one of which shall be tori lines, and the other shall be weighted branch lines or night setting.
Any tuna longline fishing vessel fishing in the IATTC Convention Area south of 30°S and north of 23°N, as well as the area bounded by the coastline at 2°N, west to 2°N-95°W, south to 15°S-95°W, east to 15°S-85°W, and south to 30°S shall use at least two different seabird bycatch mitigation measures, one of which shall be tori lines and the other shall be night setting, weighted branch lines, management of offal discharge or line shooting device. The area is as shown in Appendix 14, and the specifications of the seabird mitigation measures are as shown in Appendix 15.
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Article 30
The annual total catch quota (unprocessed round weight, hereinafter the same when referring to “quota” in the following provisions) of the Republic of China in the Pacific Ocean and the individual catching vessel quota shall be promulgated by the competent authority in accordance with the conservation and management measures.
The percentage of the annual total catch quota in the WCPFC Convention Area allocated to the large scale longliners and small scale longliners fleets is 57% and 43% respectively.
In the event that the total catch amount of a species with catch limit has reached 95% of the annual total catch quota as referred to in paragraph 1, the competent authority may order the whole catching vessels to stop catching the concerned species by a deadline.
In the event that the total catch amount has reached 95% of the quota allocated to large or small scale longliners fleet as referred to in paragraph 2, the competent authority may order the large or small scale longliners fleet to stop catching the concerned species by a deadline.
The period for using the quota as referred to in paragraph 1 shall be from January 1 to December 31 of the current year.
In case that the number of fishing vessels obtaining the distant water fisheries permits of each group in the current year does not exceed the limit, the total remaining quota may be arranged by the competent authority.
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Article 31
The distant water fisheries permit of the current year shall be obtained for granting the quota of the current year to the catching vessel.
For any catching vessel that has not obtained the distant water fisheries permit of the entire year, the quota shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole year. Notwithstanding such provision, in the event that the ownership of any catching vessel transfers and the quota used by the original distant water fisheries operator exceeds the percentage that the number of month(s) approved accounts for the whole year, the unused quota of such catching vessel in the current year shall be granted to the new distant water fisheries operator.
In case of any of the following circumstances, the competent authority shall retrieve the unused quota of the catching vessel concerned in the current year:
(1)Loss of a catching vessel.
(2)Revocation or withdrawal of the fishing license imposed by the competent authority.
(3)Revocation or withdrawal of the distant water fisheries permit imposed by the competent authority.
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Article 32
The catch amount of the fish species with catch limit or that of striped marlin for any catching vessel shall not exceed the quota allocated to the individual vessel for the current year.
In case of excess, the annual quota of such fishing vessel for the following year shall be deducted accordingly.
In the event that the catch amount of the fish species with catch limit of any catch vessel has reached 90% of the individual vessel quota, the competent authority may order such vessel to stop catching the concerned species by a deadline.
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Article 34
Any small scale longliner shall not target bigeye tuna.
The targeting of bigeye tuna as referred to in the preceding paragraph means that the bigeye tuna catch amount of the fishing vessel during six months exceeds 50% and above of its total catch amount of the same period.
Any small scale longliner fishing in the area north of 20°N shall not target albacore tuna.
The targeting of albacore tuna as referred to in the preceding paragraph means that the albacore tuna catch amount of the fishing vessel during six months exceeds 40% and above of its total catch amount of the same period.
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Article 35
For any tuna longline fishing vessel which changes the fishing Ocean or group with other vessel pursuant to Article 18, its individual vessel quota for the remaining period of its permit shall be the remaining quota of that other vessel, and its annual individual vessel quota of bigeye tuna shall be limited as follows:
(1)For any large scale longliner: 330 metric tons.
(2)For any fishing vessel of the frozen yellowfin tuna group: 40 metric tons.
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Article 37
In the event that the following requirements are met, the bigeye tuna quota of a fishing vessel of the bigeye tuna group may, through the coordination of the Tuna Association which reports to the competent authority for approval, be transferred to other fishing vessel(s) of the bigeye tuna group:
(1)The bigeye tuna quota of the receiving fishing vessel shall not exceed 330 metric tons after the transfer; and
(2)Both the transferring and receiving fishing vessels shall not have been imposed upon any punishment pursuant to Article 35, 36 or 40 of the Act in the current year.
(3)In case that the transferring or receiving fishing vessel has been imposed upon a fine or the suspension of the fishing license pursuant to Article 41 of the Act in the current year, such punishment has been paid or executed completely.
In the event that any fishing vessel of the bigeye tuna group has transferred accumulated 30 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for one month in the current year; for the transfer of accumulated 60 metric tons of bigeye tuna quota, it shall enter into a port for stop fishing for two months, and so forth.
For the fishing vessel entering into a port for stop fishing in accordance with the preceding paragraph, the starting and ending dates of the period and the berthing location shall be specified at the time when applying for the approval of transferring quota from the competent authority.
In case that fishing vessels of the bigeye tuna group transfer their quota of different fishing areas to each other and, after such transfer, the total quota of such vessel in the entire Pacific Ocean is less than its individual vessel quota in the current year, the provision stipulated in the preceding two paragraphs shall not apply.
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Article 41
Except for fishing vessels of seasonal sharks group, any tuna longline fishing vessel fishing in the WCPFC Convention Area shall not target sharks.
The targeting of sharks as referred to in the preceding paragraph means the catch amount of sharks during six months exceeds 50% of the total catch amount of the same period.
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Chapter 43
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.
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Article 44
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.
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Article 46
The ALC is deemed as signal-lost in the event that the commissioned professional institution has not received positions automatically transmitted by the ALC twice consecutively for any tuna purse seine fishing vessel or four times consecutively for any tuna longline fishing vessel or carrier 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 Secretariat of the Western and Central Pacific Fisheries Commission (hereinafter referred to as “WCPFC”), or to the WCPFC Secretariat through the fishery radio station located in the Republic of China. 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 16.
The transmit of vessel positions as referred to in the preceding paragraph shall be every six hours for any tuna longline fishing vessel and carrier vessel, and hourly for any tuna purse seine 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 mal-function 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.
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Article 47
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.
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Article 48
In case of sighting of any national or foreign fishing vessel in the area of high seas bounded by the exclusive economic zones of the Cook Islands, French Polynesia and Kiribati (hereinafter referred to as “the Easter High-Seas Pocket, EHSP”), the distant water fisheries operator or the captain shall submit a completed sighting report in the format as shown in Appendix 17 to the competent authority within 15 days after departure from the EHSP.
For any fishing vessel fishing in the EHSP, it shall keep at least 5 nautical miles away from the exclusive economic zones of other countries.
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Article 49
In the event that any catching 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 by fishery types. 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. Where the datum is only recorded in either the E-logbook system or the logbook, the datum as recorded therein 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 the 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.
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Article 50
Any tuna longline fishing vessel shall not catch Pacific bluefin tuna or 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 case of any of the following circumstances, any catching vessel shall immediately discard any subsequent catch of the species concerned and record the amount of discard on the logbooks and E-logbook system:
(1)The quota of the fish species with catch limit or the quota of striped marlin is exhausted.
(2)Any Pacific bluefin tuna is subsequently caught after the deadline prescribed by the competent authority in Article 4 of the Regulations on the Management of Pacific Bluefin Tuna Fishing Operation.
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Article 55
For fish species with catch limit, the discrepancy between the catch amount recorded in the E-logbook or the logbook during one fishing trip of any catching vessel and the actual landing amount shall not exceed 10% of the actual landing amount. For fish species not under catch limit, such discrepancy shall not exceed 25% of the actual landing amount.
In case of excess of the ratio as referred to in the preceding paragraph, whereas the following provisions are met, it is deemed that the catch amount recorded in the E-logbook or the logbook corresponds with the actual landing amount:
(1)For species with catch limit, the discrepancy is less than two metric tons.
(2)For species not under catch limit, the discrepancy is less than six metric tons.
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Article 56
Any of the following circumstances 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 or the logbook and the actual landing amount exceeds two metric tons as well as 20% of the actual landing amount.
(2)For fish species not under catch limit, the discrepancy between the catch amount recorded in the E-logbook or the logbook and the actual landing amount exceeds six metric tons as well as 50% of the actual landing amount.
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Article 58
For any tuna longline fishing vessel employing ice chilling method to preserve its sharks catches and transporting such sharks catches to land in a domestic port, shark fins shall not be fully cut off and shall be naturally attached to the carcasses (hereinafter referred to as “fins naturally attached”).
For any large scale longliner employing freezing method to preserve its sharks catches and transporting such sharks catches to land in a domestic port, shark fins shall be naturally attached.
For any small scale longliner employing freezing method to preserve its sharks catches and transporting such sharks catches to land in a domestic port, the fins shall be naturally attached or alternatively the dorsal fins and pectoral fins shall be tied to the corresponding carcass, while the caudal fins may be stored separately. The caudal fins and carcasses shall be transshipped or landed concurrently in the same shipment, and the number of caudal fins shall be consistent with that of carcasses.
In case that any fishing vessel of the seasonal sharks group that employs frozen method to preserve its blue shark catch lands in a domestic port, the shark fins and carcasses of blue shark shall be landed concurrently in the same shipment, and the weight of fins shall not be more than 5% of the weight of such shark catches. The disposal of fins shall be exempted from the provisions stipulated in the preceding paragraph.
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Article 60
Any catching vessel intending to conduct transshipment or landing in a domestic port or a foreign port located in the Pacific Ocean shall be limited to the ports stipulated in Appendix 18.
Any fishing vessel with the distant water fisheries permit to fish in the Atlantic or Indian Ocean applying for landing or transshipping in the ports as referred to in the preceding paragraph shall apply for the authorization from the competent authority 14 days before the fishing vessel enters into the port.
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Article 61
Any carrier vessel intending to transship catches from catching vessel(s) shall meet any of the following requirements:
(1)It is a carrier vessel of the Republic of China and has obtained the distant water fisheries permit;
(2)It is a foreign carrier vessel listed on the carrier lists of the WCPFC or the IATTC, and has been installed with the ALC which meets the standards specified by the competent authority. At least one position in every four hours shall be sent to the commissioned professional institution; or
(3)It is a part-time carrier vessel authorized by the competent authority.
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Article 68
For any carrier vessel intending to transship at sea, the distant water fisheries operator shall submit the transshipment plan and relevant information and apply to the competent authority 15 days before the at-sea transshipment for approval. The content of the information to be submitted is as shown in Appendix 19. In case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday.
Any foreign carrier vessel shall, with the enclosure of relevant information as shown in Appendix 19, apply to the competent authority for approval before conducting the transshipment in port with any catching vessel for the first time in the current year.
In case of any addition to the list of catching vessel(s) in the transshipment plan approved by the competent authority, the application shall be submitted three working days before making such addition to the competent authority for approval. The transshipment with the concerned catching vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.
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Article 70
Any catching vessel and carrier vessel that intends to conduct transshipment shall respectively apply for the approval from the competent authority before the transshipment.
Any distant water fisheries operator or captain applying for the approval as referred to in the preceding paragraph shall fill in the Transshipment Notification and submit it to the competent authority in accordance with the following prescribed timeframe, and the formats of the Transshipment Notification for tuna longline fishing vessels are as shown in Appendix 20 and 21, for tuna purse seine fishing vessels is as shown in Appendix 22:
(1)For at sea transshipment: no later than three working days before the estimated date for transshipment.
(2)For in port transshipment: no later than three days before the estimated date for transshipment. In case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday.
Fishing vessels approved by the competent authority to conducttransshipment may transship the catch on the approved date or within three days after the approved date.
In case of any of the following circumstances, the distant water fisheries operator or captain concerned shall apply to the competent authority before the transshipment, and such transshipment shall only be conducted after the competent authority approves:
(1)The transshipment will not be conducted within the deadline as prescribed in the preceding paragraph.
(2)The change of the estimated location for at sea transshipment exceeds 24 nautical miles.
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Article 71
For any catching vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority shall not authorize such vessel to transship at sea:
(1)The ALC on board is mal-functional and has not been repaired.
(2)There is concrete evidence to identify such vessel has involved in any serious infringement as prescribed in subparagraph (4) to (14) or (18) of Article 13, paragraph 1 of the Act.
For any catching vessel or carrier vessel that is under any of the following circumstances during current fishing trip, the competent authority may not authorize such vessel to transship at sea:
(1)For the catches to be transshipped, it is suspected that the vessel applying for the transshipment has operated within the water under the jurisdiction of any other country without valid authorization.
(2)The total amount of fish species with catch limit to be transshipped exceeds 10% of the amount reported through the E-logbook system.
(3)The total amount of fish species not under catch limit to be transshipped exceeds 25% of the amount reported through the E-logbook system.
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Article 72
In the event that the catch of any catching vessel has been landed in a port and is subsequently transported by a carrier vessel for port departure, it shall be deemed as transshipment, and Article 70 shall apply.
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Article 74
For any transshipment at sea in the WCPFC Convention Area or transshipment at sea of any catch taken from the WCPFC Convention Area conducted by a carrier vessel, the WCPFC Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the competent authority. The format of the WCPFC Transshipment Declaration is as shown in Appendix 23.
For transshipment at sea in the IATTC Convention Area conducted by the carrier vessel, the IATTC Transshipment Declaration shall, within 24 hours after the completion of such transshipment, be filled in and submitted to the IATTC Secretariat, with a copy to the competent authority. The format of the IATTC Transshipment Declaration is as shown in Appendix 24.
Any carrier vessel shall, within seven working days after the completion of transshipment in port, submit the Transshipment Declaration to the competent authority. Formats of the Transshipment Declaration are as shown in Appendix 23, 24 and 25.
The distant water fisheries operator or the captain of any catching vessel shall, within seven working days after the completion of transshipment, submit the Transshipment Declaration to the competent authority. The formats for tuna longline fishing vessels are as shown in Appendix 23 and 24, and for tuna purse seine fishing vessels, the format is as shown in Appendix 25.
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Article 75
The catching vessel which may conduct transshipment with the part-time carrier vessel shall be limited to the catching vessel that has been approved by the competent authority to engage in fisheries cooperation with foreign country.
The catching vessel approved to transship with the part-time carrier vessel shall transship in the port of the foreign country with which the fisheries cooperation is engaged, and shall comply with relevant management regulations of that foreign country.
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Article 76
For any caching vessel landing its catch in a domestic or foreign port, the following person(s) shall fill in the Advance Notice of Landing, format of which is as shown in Appendix 26, and submit it to the competent authority for approval by the following deadline; and in case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday:
(1)For the landing conducted by a catching vessel, its distant water fisheries operator or captain shall submit it no later than three days before the estimated date for landing.
(2)For the landing conducted by a catching vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator or the captain of such catching vessel shall submit it no later than three days before the estimated date for landing.
(3)For the landing conducted by a catching vessel with the catch subsequently being transported by commissioning an airplane, the distant water fisheries operator or the captain of such catching vessel shall submit it no later than three days before the estimated date for landing.
(4)For the landing conducted by a carrier vessel, the distant water fisheries operator of a catching vessel shall submit it no later than three days before the estimated date for landing.
Notwithstanding the provision stipulated in the preceding paragraph, for any tuna longline fishing vessel that employs ice-chilling method to preserve its catch and lands in a port of a foreign country with which the fisheries cooperation is engaged, its distant water fisheries operator or captain shall submit the Advance Notice of Landing no later than one day before the estimated date for landing. In case that the last day for filing the application is a national holiday, the application shall be made on the working day before the national holiday.
Fishing vessels approved by the competent authority to conduct landing may land the catch on the approved date or within three days after the approved date.
For any landing to be conducted not within the period as referred to in the preceding paragraph, the distant water fisheries operator or the captain concerned shall apply for the change of the date for landing and obtain the approval from the competent authority before conducting the landing.
For any tuna purse seine fishing vessel that has submitted the transshipment declaration in accordance with the relevant regulations, it shall be deemed as having applied for the landing approval in accordance with paragraph 1.
For any tuna longline fishing vessel that is authorized to conduct Pacific bluefin tuna fishing operation and has notified the fishery radio station in accordance with Article 25 of the Regulations on the Management of Pacific Bluefin Tuna Fishing Operation for landing the Pacific bluefin tuna caught in a domestic port, it shall be deemed as having applied for the landing approval in accordance with paragraph 1.
Any tuna longline fishing vessel approved to be chartered for the fisheries cooperation with a foreign country may land at the ports of such a foreign country when operating in the water thereof, in accordance with the manner approved by such country.
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Article 77
(1)Upon the completion of landing of any catching vessel, the following person(s) shall fill in and submit to the competent authority the Landing Declaration, format of which is as shown in Appendix 26, by the prescribed deadline: For the landing conducted by a catching vessel, its distant water fisheries operator or captain shall submit the Declaration within five working days after the completion of landing.
(2)For the landing conducted by a catching vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such catching vessel shall submit the Declaration within five working days after the container(s) containing such catch unloads and completes customs clearance.
(3)For the landing conducted by a catching vessel with the catch being subsequently transported by commissioning an airplane, the distant water fisheries operator of such catching vessel shall submit the Declaration within five working days after the airplane carrying such catch arrives at the destination.
(4)For the landing conducted by a carrier vessel, the distant water fisheries operator of a catching vessel shall submit the Declaration within five working days after the completion of landing by the carrier vessel.
The term “completion of landing” as referred to in these Regulations means the catch landed at a port has completed its whole weighing process.
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Article 78
The distant water fisheries operator and captain of any fishing vessel shall accept port inspections conducted by the competent authority or the independent third party for the verification of the catch landed or transshipped.
The distant water fisheries operator or captain of any fishing vessel that is designated by the competent authority to be inspected shall comply with the following:
(1)For inspections conducted by the competent authority, the landing or transshipment shall only be started after the person(s) of the competent authority has arrived.
(2)For inspections conducted by the independent third party, the application and contact with the independent third party shall be made, and relevant fees for inspections shall be paid before the landing and transshipment, which shall only be started after the person(s) of the independent third party has arrived.
The fees incurred from any inspection on catches conducted by the independent third party at the foreign ports shall be borne by the distant water fisheries operator of the vessel being inspected.
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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.
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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.
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Article 86
Any tuna purse seine fishing vessel shall not use or retrieve any fish aggregating device (hereinafter referred to as “FAD”) and shall not catch the school of fish associated with FAD(s) during the FAD closure period promulgated by the competent authority.
The definition of FAD as referred to in the preceding paragraph means any object, creature or method, regardless of size, living or non-living, floating on or near the water surface or semi-submerged in the water, that is capable of aggregating fish. Types include buoys, floats, webbings, weaved items, plastic, drifting woods (bamboo, timber, log, etc), creature (such as whale shark), fishing vessel itself or another vessel, underwater light and casting bait.
During the period of FAD closure, any tuna purse seine fishing vessel shall report its position once in every 30 minutes, and manual report while fishing shall be prohibited.
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Article 89
Any captain of the tuna purse seine fishing vessel fishing on the high seas shall daily fill in the Form of Number of Fishing Days on the High Seas and submit it before next day to the Purse Seine Association. The Purse Seine Association shall compile the Form of Number of Fishing Days on the High Seas every week and submit to the competent authority for perusal.
The format of the Form of Number of Fishing Days on the High Seas is shown as Appendix 27.
In case that the total fishing days on the high seas has reached 80% of the limit of the current year, the competent authority may notify all tuna purse seine fishing vessels of the time to stop fishing on the high seas.
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Article 92
Any skipjack, bigeye tuna or yellowfin tuna caught by any purse seine fishing vessel shall be retained on board, except for the conditions stipulated in paragraph 2 of this Article.
In case of one of the following conditions for the skipjack, bigeye tuna or yellowfin tuna caught by the final set of a fishing trip of any purse seine fishing vessel, such catches may be discarded. The captain or distant water fisheries operator of such vessel shall record the amount of discard on the logbooks and the E-logbook and, within 48 hours, fill in and submit the Discard Notification of Purse Seiner Catches (format as shown in Appendix 28) to the WCPFC Secretariat, the competent authority and the observer onboard:
(1)There is insufficient well space.
(2)The catch is unfit for human consumption.
(3)Serious malfunction of equipment of the vessel occurs.
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Article 93
Any tuna purse seine fishing vessel shall carry the scoop/dip net to safely release any sea turtle incidentally caught.
In the event that a cetacean, whale shark or sea turtle is incidentally caught in the purse seine net or encircled in the FAD, the captain shall take all possible measures to safely release such species, and fill in the report for submission to the competent authority for perusal within 60 days after the incident happened. The format of the report is as shown in Appendix 29.
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Article 95
Any distant water fisheries operator of the high risk fishing vessels shall, starting from the date that the competent authority informs the distant water fisheries operator of such vessel, comply with the special management measures as follows:
(1)Any high risk fishing vessel shall not engage in fisheries cooperation by means of being chartered to any foreigner.
(2)For each fishing trip of such vessel, the observer dispatched by the competent authority shall be carried on board, or the functional electronic monitoring equipment shall be installed on board before leaving a port. For such vessel that has carried on board the observer who meets the requirement of the international fisheries organization(s), it shall be exempted.
(3)Vessel positions shall be transmitted in accordance with Chapter VI.
(4)Catch reports shall be conducted in accordance with provisions stipulated in Chapter VII.
(5)Such vessel shall not conduct at-sea transshipment.
(6)For transshipment in port, the Transshipment Notification shall be filled in to apply for the approval of the competent authority, no later than seven days before the estimated date for transshipment.
(7)For landing in port, the Advance Notice of Landing shall be filled in to apply for the approval of the competent authority, no later than seven days before the estimated date for landing.
(8)In case of transshipment or landing in port, inspections shall be conducted by the competent authority or the independent third party.
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Article 99
These Regulations shall become effective on January 20, 2017.
Amendments to these Regulations shall become effective on the date of promulgation.
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