Regulations on the Management and Approval of Foreign Flag Fishing Vessels Entering into Ports of the Republic of China Article 6

For a foreign flag fishing vessel seeking port entry into the Republic of China, its operator shall not be under any of the following circumstances:(1) The operator is sentenced imprisonment for violating the Act, the Fisheries Act, or the Act Governing the Investment and Operation of Non-Republic of China (ROC) Flagged Fishing Vessels, and such sentence is not yet executed, not executed completely, or is on probation whose period is not yet expired.(2) The operator is sentenced to a short-term imprisonment or criminal fine for violating the Act, the Fisheries Act, or the Act Governing the Investment and Operation of Non-Republic of China (ROC) Flagged Fishing Vessels, and such sentence is not yet executed or not executed completely.(3) The operator has not paid completely the fine imposed pursuant to the Act, the Fisheries Act, or the Act Governing the Investment and Operation of Non-Republic of China (ROC) Flagged Fishing Vessels.(4) The previous operator has not paid completely the fine imposed pursuant to the Act, the Fisheries Act, or the Act Governing the Investment and Operation of Non-Republic of China (ROC) Flagged Fishing Vessels.(5) The operator is charged by the domestic judiciary of involving in forced labor or human trafficking, or an international organization(s) or a foreign government(s) has determined that the operator is involved in forced labor or human trafficking. He/She who is acquitted or is removed from the list(s) notified by the international organization or foreign government is not subject to this provision.Port entry into Chien-Chen Fishing Harbor by foreign flag fishing vessels shall not be permitted in June, November, and December every year.In case that berths of Chen-Pin Fishing Harbor or Chien-Chen Fishing Harbor are insufficient, the competent authority may not approve port entry applications into these two ports by foreign flag fishing vessels.Where a foreign flag fishing vessel applying for port entry into the Republic of China meets the relevant requirements after examination, and, within the most recent 3 years, it has records of more than 2 instances that the whereabouts of any foreign or PRC crew entering port with the fishing vessel are unknown, or a record that, within one single instance, the number of crew whose whereabouts are unknown is more than 4 persons, yet not reaching the upper limit as prescribed in subparagraph (3) of Article 2, the competent authority may, when granting port entry permit, impose conditions specifying that if any of the following provisions is violated, the permit shall be revoked:(1) The vessel shall not stay in port for more than ten days.(2) In the event that the vessel stays for more than ten days after port entry, the foreign or PRC crew on board shall be repatriated to the origin country/area within the timeframe required by the competent authority. However, such crew of two persons or more but less than one-fifth of the total crew number may still stay on board. In case that one-fifth of the total crew number crew is less than one, it is counted as one person. In case that one-fifth of the total crew number is more than ten, it is counted as ten persons.
中文原文 非我國籍漁船進入我國港口許可及管理辦法第6條
申請進入我國港口之非我國籍漁船,其經營者不得有下列情形之一:
一、犯本條例、漁業法或投資經營非我國籍漁船管理條例所定之罪,經判處有期徒刑以上之刑確定,尚未執行、執行未畢、緩刑尚未期滿。
二、犯本條例、漁業法或投資經營非我國籍漁船管理條例所定之罪,經判處拘役或罰金確定,尚未執行或執行未畢。
三、依本條例、漁業法或投資經營非我國籍漁船管理條例所處罰鍰尚未繳納完畢。
四、該船前經營者依本條例、漁業法或投資經營非我國籍漁船管理條例所處罰鍰尚未繳納完畢。
五、涉及強迫勞動或人口販運等情事,經國內司法機關起訴,或經國際組織、外國政府認定。
但經無罪判決者或已從國際組織、外國政府通報名單除名者,不在此限。
每年六月、十一月及十二月,不予許可非我國籍漁船申請進入前鎮漁港。
正濱漁港或前鎮漁港港區泊位不足時,主管機關得不予許可非我國籍漁船申請進入。
申請進入我國港口之非我國籍漁船,經審查符合規定者,且該漁船最近三年內有隨船進港之非我國籍船員或大陸船員行蹤不明紀錄超過二次或一次超過四人,未達第二條第三款所定上限,主管機關許可時得以附款載明違反下列各款規定之一者,主管機關廢止其許可:
一、進港後不得超過十日。
二、進港後超過十日,應於主管機關指定期限內將船上之非我國籍船員或大陸船員遣返其所屬國家或地區。
但可保留二人以上,船員人數五分之一以下之非我國籍船員留船。
船員人數五分之一計算未滿一人者,以一人計,逾十人者,均以十人計。

English translation for reference only; the Chinese text prevails. Not legal advice.