Regulations on the Authorization and Management of Overseas Employment of Foreign Crew Members Article 28

Where a fishing vessel is under the circumstances as stipulated in subparagraph (3) of Article 22, paragraph 1 and meets the following conditions, its distant water fisheries operator may apply to the competent authority for permission to allow his/her foreign crew member(s) employed overseas to embark on other fishing vessel(s) or carrier vessel(s) at foreign port(s) to reach the concerned fishing vessel:1. The duration of the current fishing trip does not exceed ten months. However, in the event that other legislation(s) applicable to distant water fishing vessels provides otherwise, such legislation(s) shall apply.2. During the current trip, the number of crew member(s) transported to the concerned fishing vessel does not exceed that of crew member(s) disembarking from that concerned fishing vessel during the same trip by other fishing vessel(s) or carrier vessel(s).3. The maximum number of crew member(s) applied to be transported to the concerned fishing vessel shall be one fifth of the number of crew member(s) that the concerned fishing vessel can carry, to be counted as one person if the figure derived is less than one.Where an operator allows employed crew members to board another fishing vessel or transport vessel to reach the employed fishing vessel without first obtaining permission in accordance with the preceding paragraph,In case that a distant water fisheries operator fails to apply for permission in accordance with the preceding paragraph and transports his/her employed crew member(s) to his/her fishing vessel(s) by any other fishing vessel or carrier vessel, any application by such operator under the preceding paragraph shall not be approved for a period of five years from the date that such activity is discovered.