鮪延繩釣漁船赴台日漁業協議適用海域作業管理辦法

These Regulations are hereby established pursuant to Article 37, subparagraph (3) and Article 54, subparagraph (5) of the Fisheries Act (hereinafter referred to as “the Act”).

The maritime area subject to the Fisheries Agreement between Taiwan and Japan (hereinafter referred to as “Taiwan-Japan Area”) as referred to in these Regulations is shown in the attached figure, which comprises waters where the other party’s laws are not applicable and a special cooperation zone.

Any tuna longline fishing vessel shall not operate in the Taiwan-Japan Area without a permit.

Any tuna longline fishing vessel that intends to operate in the Taiwan-Japan Area shall install an automatic location communicator.

1Before the deadline set by the central competent authority, any fishery operator who intends to apply for a permit to operate in the Taiwan-Japan Area shall annually complete and submit an application form, together with the following documents, to the Suao Fishermen’s Association, which shall compile and produce a list of applications for forwarding to the central competent authority:

2A copy of valid fishing license for specified ishery.

3A certificate issued by the Overseas Fisheries Development Council of the Republic of China verifying that the automatic location communicator installed on board the vessel has been tested and proven to be capable of automatically reporting its positions hourly.

4A document proving that the regional fishermen association to which the fishery operator belongs consents to provide assistance in handling marine accidents such as collision.

1For any application made in accordance with Article 5 and has been approved by the central competent authority, a permit to operate in the Taiwan-Japan Area will be issued. The validity period of the permit shall be up to one year, but shall not exceed the expiry date of the fishing license.

2For the purpose of managing fisheries resources or maintaining the order of fishing operations in the Taiwan-Japan Area, the central competent authority may promulgate restrictions on the number or catch amount of tuna longline fishing vessels operating in the Taiwan-Japan Area and publish such restrictions on the Government Gazette.

1No permit to operate in the Taiwan-Japan Area shall be issued in the event that a tuna longline fishing vessel is involved in any of the following:

2The required documents for an application are incomplete, or where supplementation of documents is required, the concerned applicant fails to supplement within the required timeframe after being notified, or still fails to comply with the relevant requirements after the supplementation.

3Any of the circumstances set out in Article 7-1, subparagraph (4) to (6) of the Act. However, it is exempted in the event that the payment of fine imposed pursuant to the Act or the Act for Distant Water Fisheries is permitted to be made by installment and the payment is made on time.

4A dispute with a Japanese fishing vessel in the Taiwan-Japan Area has not been resolved properly.

5A fishing vessel owned by a fishery operator is involved in any one of the circumstances as referred to in the preceding two subparagraphs.

A permit to operate in the Taiwan-Japan Area shall expire upon expiry of its validity period. Where a fishery operator intends to continue fishing operations in the Taiwan-Japan Area, he or she shall make an application in accordance with Article 5.

1Any tuna longline fishing vessel with a permit to operate in the Taiwan-Japan Area shall maintain a functional automatic location communicator year-round, even when it is in port.

2A tuna longline fishing vessel may leave a port only after it has checked with the Fisheries Monitoring Center of the Fisheries Agency, Ministry of Agriculture (hereinafter referred to as “FMC”) and confirmed that the automatic location communicator installed on board is switched on and functional.

3After a tuna longline fishing vessel as referred to in the preceding paragraph leaves a port, the automatic location communicator installed on board shall automatically report vessel position(s) hourly.

4Where a tuna longline fishing vessel fails to report its position(s) normally, the central competent authority may order the fishing vessel to return to a port for repair within a specified timeframe, during which the vessel shall use the telecommunication equipment on board to report its position(s) every four hours to the FMC. After returning to the port, the vessel shall not leave the port unless the automatic location communicator installed on board is repaired.

5Where there is a need to switch off the automatic location communicator installed on board after port entry, the tuna longline fishing vessel may do so only after its fishery operator applies for and obtains permission from the central competent authority.

6The cost of communications of the automatic location communicator installed on board any tuna longline fishing vessel shall be borne by its fishery operator and may be subsidized by the competent authority depending on the financial situation of the government.

Any tuna longline fishing vessel with a permit to operate in the Taiwan-Japan Area shall be restricted to land its catch in the Nanfangao fishing port in Ilan County, and shall not land in any other port unless otherwise permitted on a case-by-case basis.

1Any tuna longline fishing vessel operating in the Taiwan-Japan Area shall comply with the following provisions:

2It shall not discard any fishing gear, such as longline(s), or pick up any fishing gear of other fishing vessel(s).

3It shall not sever lines entangled with the lines of other fishing vessel(s) unless they can be disentangled only by severing. The longline fishing vessel which has severed the entangled lines shall be responsible for repairing the longline gears.

4Its captain shall immediately notify the fishery radio station of the Suao Fishermen’s Association, in case of a dispute with a Japanese fishing vessel.

1During the period from 1 April to 31 July every year, any longline fishing vessel operating in the water demarcated with straight lines connected among point D, E, and F in the attached figure shall comply with the following rules:

2For the water demarcated with straight lines connected among point D, M, and N, as well as the water demarcated with straight lines connected among point E, F, P and south of 250 15' N in the attached figure, any fishing vessel shall set longline(s) in the south-north direction, and the distance between vessels shall be at least four nautical miles.

3For the water demarcated with straight lines connected among point N, M, E, and P in the attached figure:

4The time to start a setting shall, in principle, be at 00:00 midnight Taiwan time and 12:00 noon Taiwan time, and hauling operations shall be completed as soon as possible.

5Direction of a setting and distance between sets: any longline fishing vessel shall set longline(s) in the east-west direction. For a fishing vessel operating east of 1230 30' E, the direction of a setting shall be from the west to the east, and the setting shall not exceed 124°E. For a fishing vessel operating west of 1230 30' E, the direction of a setting shall be from the east to the west, and the setting shall not exceed 123°E. The distance between sets shall reach at least 1 nautical mile in the south-north direction.

6Longliner gears shall not drift outside 124°3' E.

1During the period from 1 May to 31 July every year, any tuna longline fishing vessel operating in the special cooperation zone shall comply with the following provisions:

2In the waters south of 260N:

3Time of setting and hauling: any longline fishing vessel that sets longline(s) after 00:00 (inclusive) midnight of Taiwan time shall complete hauling before 12:00 noon of Taiwan time. Any longline fishing vessel that sets longline(s) after 12:00 (inclusive) noon of Taiwan time shall complete hauling before 00:00 midnight of Taiwan time.

4Cardinal point of setting: the cardinal point of setting shall be located at one or half degree of longitude and one minute of latitude.

5Fishing notification: when a longline fishing vessel arrives at its intended fishing location, it shall use the common channel (9222 kilohertz) to notify nearby fishing vessel(s). In the event that there is already another vessel waiting to start fishing at the same location, the vessel of later arrival shall search for other fishing locations.

6Direction of setting: all longline fishing vessels shall set their longlines in the east-west direction.

7Distance between sets: the distance between sets shall not exceed 30 nautical miles in the east-west direction and shall reach at least 1 nautical mile in the south-north direction.

1For a fishing vessel whose longline gear(s) drifts outside 124°3' E from 1 April to 31 July of the same year, in violation of Article 12, subparagraph (2), item iii, the following rules apply:

2For the second violation committed in the same year, the concerned permit to operate in the Taiwan-Japan Area demarcated with straight lines connected among point D, E, and F in the attached figure shall be revoked. The concerned fishery operator may only re-apply to the central competent authority for a permit to operate in that area 30 days after such revocation.

3For the third and subsequent violations committed in the same year: the fishing license of the concerned fishery operator and the certificate of fishing vessel officer or the fishing vessel crew identification of the concerned fishery employee(s) shall be suspended for a period of not more than one year, pursuant to Article 10 of the Act. Where the violation is considered serious, the fishing license of the fishery operator and the certificate of fishing vessel officer or the fishing vessel crew identification of the fishery employee(s) may be withdrawn.

1In the event of any of the following circumstances, pursuant to Article 10 of the Act, the fishing license of the concerned fishery operator and the certificate of fishing vessel officer or the fishing vessel crew identification of the concerned fishery employee(s) shall be suspended for a period of not more than one year; where the violation is considered serious, the fishing license of fishery operator and the certificate of fishing vessel officer or the fishing vessel crew identification of the fishery employee(s) may be withdrawn:

2Fishing in the Taiwan-Japan Area without a permit, in violation of Article 3.

3Violating any restriction on catch amount as promulgated pursuant to Article 6, paragraph 2.

4Failing to maintain the automatic location communicator functional year-round, in violation of Article 9, paragraph 1.

5Failing to have the automatic location communicator installed on board confirmed functional before port departure, and failing to report vessel position(s), in violation of Article 9, paragraph 2.

6Failing to return to a port within the specified timeframe, or leaving a port without having the automatic location communicator repaired, in violation of Article 9, paragraph 4.

7Switching off the automatic location communicator installed on board without applying for permission, in violation of Article 9, paragraph 5.

In the event that, after port departure, a vessel fails to report its position hourly in accordance with Article 9, paragraph 3, a fine between 30 thousand New Taiwan dollars and 150 thousand New Taiwan dollars shall be imposed on the concerned fishery operator or fishery employee(s) pursuant to Article 65, paragraph 8 of the Act.

These Regulations shall enter into force on the date of promulgation.