Laws Information

法規資訊
Title: Regulations on Permission for the Export of Fishing Vessels
Am Date: 2016-01-13
Legislative History: Article 2 and Article 8 amended on 13 January 2016 by the Council of Agriculture, Executive Yuan under Order. No. Nung-Yu-Tzu 1041338511A.

Transaction

Amended

Article 2
Any person who intends to export a fishing vessel flying the flag of the Republic of China (hereinafter referred to as “ ROC fishing vessel ” )shall fill in an application form (format as shown in Appendix 1) and submit along with the following documents, through the government of the municipality or county (city) where the fishing vessel is registered, to the central competent authority for permission and the export certificate, and such export shall take place only after the issuance of the export certificate.
1. The original and a copy of the fishing license of the fishing vessel, and the original of the fuel allocation handbook.
2. Two copies of the certificate of the nationality of the fishing vessel or the fishing license of small craft.
3. Two copies of the contract for the sale and purchase of the vessel.
4. The original and a copy of a document proving the registration of the fishing vessel has been accepted by the new flag State, which shall be certified or attested by a relevant embassy, consulate, or representative office of the Republic of China, or any other institution authorized by the Ministry of Foreign Affairs of the the Republic of Chinat (thereinafter referred to as ROC diplomatic missions).
5. The original and a copy of a document issued by the competent fisheries authority of the new flag State stating its consent to take over responsibility for managing the fishing vessel and to comply with the management measures adopted by relevant regional fisheries management organizations, which shall be certified or attested by the relevant ROC diplomatic mission.
6. For the application for the export of a tuna purse seiner, the original of a document certified by the relevant regional fisheries management organization or the new flag State proving that another tuna purse seiner has been replaced in advance. Such document shall contain the information on the nationality, gross tonnage, regional registration number and other required information.
In the event that a fish carrier vessel is exported to be used as a cargo ship, the documents referred to in sub-paragraph (5) of the preceding paragraph shall be exempted.
In case that tuna purse seine fishing vessels are to be exported to a small island developing State (hereinafter referred to as SIDS) in the western and central Pacific, and such SIDS meets the following conditions, the submission of the document referred to in sub-paragraph (6) of the first paragraph can be exempted:
1. Where skipjack tuna fishery resources are abundant;
2. The Vessel Days Scheme (VDS) has been implemented within the EEZ of such SIDS;
3. Related commercial cooperation with the Republic of China is in place with respect to the VDS within the EEZ of such SIDS; and
4. Such SIDS cooperates with the Republic of China to combat illegal, unreported and unregulated (IUU) fishing activities.

Article 8
In the event of any of the following conditions, the vessel building permit shall be denied:
1. Applying with any false document.
2. The country where the fishing vessel is planned to be exported refuses to consult with the Republic of China.
3. After consultation, the information provided by the country where the fishing vessel is planned to be exported is inconsistent with the information submitted by the shipyard.
4. The fishing vessel to be built for export may be in contravention of the resolutions adopted by the relevant regional fisheries management organization.
5. The country where the fishing vessel is planned to be exported fails to exercise control over fishing operations of its fishing vessels, or does not have robust fisheries regulations or management system in place.
6. In the case that the operator of the fishing vessel to be built for export is a national of the Republic of China, the country where the fishing vessel is planned to be exported refuses to commit to providing the operational data of the vessel in the future.
7. The country where the fishing vessel is planned to be exported has been prohibited or restricted from importing fishing vessels by resolutions adopted by the regional fisheries management organizations.
8. The country where the fishing vessel is planned to be exported has violated the applicable international trade agreements or the principles of fairness and reciprocity.
9. The country where the fishing vessel is planned to be exported is not a member or cooperating non-member of a regional fisheries management organization.
10. The tuna purse seiner or longline vessel to be built for export has not replaced one of equivalent fishing capacity, except that it is listed in the fleet development plan approved by the relevant regional fisheries management organization or the condition stipulated in Article 2, paragraph 3 is met.
11. The tuna purse seiner or longline vessel to be built for export is to replace one that has been lost for more than five years.