Regulations for Fishing Vessels Conducting Saury Fishery in North Pacific Ocean

These Regulations are established pursuant to Article 6, paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3; and Article 24, paragraph 2 of the Act for Distant Water Fisheries (hereinafter referred to as “the Act”).

Terms used in these Regulations are defined as follows:(1) “North Pacific Ocean” means the waters of the north Pacific Ocean north of a line extending east along the 20°N from the 140°E to the intersection with the 110°W, and the waters of a line extending east along the 10°N from the 180° meridian to the intersection with the 140°W (as shown in Appendix 1).(2) 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).(3) “Carrier vessel” means any of the following vessels that transships catch from saury fishing vessel(s) to itself and transports to ports:i. ‘Carrier vessel of the Republic of China’ refers to a carrier vessel which has the fishing license of the Republic of China.ii. ‘Foreign carrier vessel’ refers to a carrier vessel, excluding container vessel, which has the valid nationality certificate of the flag State of a foreign country.(4) “Processing vessel” means any vessel that transfers saury catches from saury fishing vessel(s) to itself for processing onboard.(5) “Auxiliary tender vessel” means any vessel that transships saury catches from saury fishing vessel(s) to itself and transports to a processing vessel to which it belongs to.Appendix 1 Area of the North Pacific Ocean.pdf

Fishing vessels proceeding to the north Pacific Ocean for saury fishing operations (hereinafter referred to as “saury fishing vessels”) shall be limited to those whose main fishery type registered in their fishing licenses is squid jigging and which also engage in part-time saury stick-held net fishery. Fishing vessels engaged in fishing for Pacific saury in the North Pacific (hereinafter referred to as “Pacific saury fishing vessels”) shall be limited to those whose primary fishery type specified in their fishing licenses is squid jigging and which are also licensed to operate Pacific saury stick-held dip net fishing.

For any saury fishing vessel navigating through waters under national jurisdiction of any other country, all fishing equipment on board shall be stowed and secured, and such vessel shall not conduct activities such as arrangement of fishing gears or fishing, unless it has engaged in fisheries cooperation with that other country concerned.

Any saury fishing vessel shall not stay at sea for more than eight consecutive months. The duration may be extended for two months with the consent of the competent authority, provided that there is a cause of force majeure or insufficient berths in port that leads to failing to enter port within the required timeframe. Such extension shall be permitted for one time only.

Any saury fishing vessel shall not conduct fishing operation in the area east of 170°E from June to July of the current year.

Any distant water fisheries operator applying for distant water fisheries permit(s) for his/her fishing vessel(s) to fish in the north Pacific Ocean in the current year shall complete application form(s) (format as shown in Appendix 2), with the enclosure of the following documents:(1) A copy of the valid fishing license(s) which shall contain the International Maritime Organization (IMO) ship identification number.(2) The following color photographs of the fishing vessel(s) no older than three years and the electronic files. The photographs shall clearly show the Chinese and English name of the vessel and its international radio call sign (IRCS), and the size shall not be smaller than 12 cm by 7 cm:i. One photograph that shows the complete length overall and structural characteristics of the starboard side of the vessel;ii. One photograph that shows the complete length overall and structural characteristics of the portside of the vessel; andiii. One photograph of the stern of the vessel taken directly from behind the vessel.(3) A document certified by the commissioned professional institution that the automatic location communicator (ALC) on board the fishing vessel can regularly and normally transmit vessel positions.(4) A document certified by the commissioned professional institution that the electronic logbook (E-logbook) system on board the fishing vessel(s) can normally transmit catch data.(5) A document proving the last port entry or departure of the fishing vessel(s).(6) A document proving enrollment in the wage arrears payment mechanism, or a wage-payment guarantee letter issued by a financial institution and within the validity period.Appendix 2 Application Form for Fishing Vessels Conducting Saury Fishery in the North Pacific Ocean for Year.pdf

Any distant water fisheries operator applying for a distant water fisheries permit for the current year shall submit the documents as prescribed in Article 5 and register with the Taiwan Squid and Saury Fisheries Association (hereinafter referred to as “the Squid and Saury Association”) by February 28 of the current year. The Squid and Saury Association shall compile the applications and submit them to the competent authority by March 15 of the current year.

In case of any of the following conditions, the concerned distant water fisheries operator may submit the documents prescribed in Article 5 and apply for a distant water fisheries permit to the competent authority, notwithstanding the application procedures and deadline prescribed in Article 6:(1) The distant water fisheries operator of a fishing vessel has changed.(2) The distant water fisheries operator has obtained the fishing license for a chartered fishing vessel.(3) The distant water fisheries operator has obtained the fishing license for a newly-built fishing vessel.(4) The distant water fisheries operator resumes the operation after the suspension of the operation which was authorized pursuant to Article 11, paragraph 2 of the Fisheries Act has expired.(5) The distant water fisheries operator applies for the renewal of the fishing license;(6) The suspension of the fishing license has been executed completely or the fine imposed has been paid up; or(7) Addition of fishing area(s) for a carrier vessel which has obtained a distant water fisheries permit of the current year.

A certificate of distant water fisheries permit will be issued to an application approved by the competent authority. The maximum validity period of a permit shall be one year, and shall not exceed that of the fishing license.The certificate of distant water fisheries permit shall record, both in Chinese and English, the following:(1) The number of the certificate.(2) The name, CT number, gross tonnage (GT), length overall (LOA) and fisheries type of the fishing vessel.(3) Name of the distant water fisheries operator.(4) The authorized fishing Ocean and fishing period.(5) The IRCS.(6) The IMO ship identification number.Distant water fisheries operators shall place onboard fishing vessels copies of valid distant water fisheries permits for inspection.

Where any information recorded in an application of a fishing vessel permitted to conduct saury fishery is changed, or where the external characteristic(s) of the fishing vessel differs from that as shown in the vessel photograph(s) previously submitted, the concerned distant water fisheries operator shall provide, within three working days after such change, the Squid and Saury Association with the updated vessel information or new photograph(s). The Squid and Saury Association shall submit the same to the competent authority within three working days after accepting such information and/or photograph(s)

Fishing vessels shall be marked with vessel markings, including, at least, the Chinese and English vessel name, name of registry port, CT numbers and IRCS. The characters and the edges of characters shall maintain clear and identifiable at all times.Where fishing vessels are fishing or berthing at ports, the IRCS shall be displayed clearly identifiable for sighting by other vessels from the water surface or airplanes from the air.

The IRCS of a fishing vessel is its radio call sign.Vessel markings shall be painted with marine coating. 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 3.Appendix 3 Specification of Width, Height and Color of Characters for Vessel Markings.pdf

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.

For the purpose of these Regulations, the species with catch limit (hereinafter referred to as “species with catch limit”) as referred to in subparagraph (7) of Article 13, paragraph 1 of the Act means saury.

The annual total catch quota of the Republic of China in the north Pacific Ocean, the individual vessel initial quota for each saury fishing vessel, and the maximum annual available quota per vessel shall be announced by the competent authority in accordance with applicable conservation and management measures.In any of the following events, the competent authority may order the whole saury fishing fleet to stop catching the concerned species by a deadline:(1) The total catch amount of the species with catch limit has reached 90% of the annual total catch quota as referred to in the preceding paragraph.(2) The Secretariat of the North Pacific Fisheries Commission (hereinafter referred to as “NPFC”) notifies all Members to close the fishery.The period for using the quota as referred to in paragraph 1 shall be announced by the competent authority. The maximum period shall be 180 days annually.The total remaining quota of the Republic of China in the north Pacific Ocean may be arranged by the competent authority.

The available quota per vessel as referred to in Article 12-2 means the aggregate sum of the individual vessel initial quota granted by the competent authority pursuant to these Regulations, quota received from other vessel(s), additional quota allocated upon application, and premium quota, as adjusted by quota transferred out, quota deducted, and quota retrieved.

Individual vessel initial quota for the current year shall be allocated only to saury fishing vessels that have obtained distant water fisheries permits of the current year.For any saury fishing vessel that has not obtained a distant water fisheries permit of the entire period for using the quota as referred to in Article 12-2, paragraph 3, the available quota per vessel shall be granted in accordance with the percentage that the number of month(s) approved accounts for the whole period. Notwithstanding such provision, in the event that the ownership of any saury fishing 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 period, the unused available quota of such a 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 available quota of the saury fishing vessel concerned in the current year:(1) Loss of a saury fishing vessel or the damage of a vessel that renders the fishing operation impossible for the current year. However, the quota received from other vessel(s) will not be retrieved.(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.

Catch amount of the fish species with catch limit for any saury fishing vessel shall not exceed the available quota per vessel for the current year. In case of excess, the allowed annual quota of such a fishing vessel for the following year(s) shall be deducted accordingly until the amount exceeded is fully deducted.In the event that the catch amount of the species with catch limit of a saury fishing vessel has reached 90% of its available quota, the competent authority may order such a vessel to stop catching the concerned species by a deadline.

In case that a saury fishing vessel is under any of the following circumstances, the competent authority shall grant quota of the current year in accordance with the percentage that the number of month(s) the saury fishing vessel actual fishes accounts for the whole year; shall retrieve the quota on a pro-rata basis from the saury fishing vessel which has been granted the quota; or shall deduct the quota allocated for the following year in the event that the quota of the current year is unable to be retrieved from the saury fishing vessel:(1) The competent authority suspends its fishing license for one month or above.(2) It is detained in port by any foreign government.For any saury fishing vessel that has obtained the distant water fisheries permit of the current year but is under any of the following circumstances, the competent authority may retrieve its available quota in accordance with the following provisions:(1) The vessel does not leave a port for saury fishing operations by 31 August of the current year. The competent may retrieve the available quota of such vessel for the current year.(2) The fishing day(s) of the vessel operating in the north Pacific Ocean for saury fishing operations does not reach 45 days. The competent authority may retrieve the unused available quota of such vessel for the current year.

In the event that the following requirements are met, the available quota of a saury fishing vessel may be transferred to other saury fishing vessel(s), through the coordination of the Squid and Saury Association, which reports to the competent authority for approval:(1) The transferring fishing vessel has operated in the north Pacific Ocean for saury fishing operations for 45 days.(2) The quota of the receiving fishing vessel shall not exceed the maximum annual available quota per vessel announced pursuant to Article 12-2, paragraph 1 after the transfer.(3) Any punishment pursuant to Article 35, 36, or 40 of the Act has not been imposed on both the transferring and receiving fishing vessels in the current year.(4) In case that a fine or the suspension of the fishing license has been imposed in the current year on the transferring or receiving fishing vessel pursuant to Article 41 of the Act, such punishment has been paid or executed completely.

Depending on the quota utilization in the current year, the competent authority may announce the additional quota that can be applied for.Any saury fishing vessel that meets the following requirements may apply for the additional quota as referred to in the preceding paragraph:(1) Its available quota shall be 80% of the individual vessel initial quota announced pursuant to Article 12-2, paragraph 1.(2) Its saury catch amount has reached 80% of and not exceeded its available quota.In case that a saury fishing vessel is under any of the following circumstances, the competent authority shall not grant the additional quota as referred to in paragraph 1:(1) Its catch amount of species with catch limit in the preceding year exceeds 10% or above of its available quota of that year.(2) Its available quota, after the allocation of the additional quota, exceeds the maximum as announced pursuant to Article 12-2, paragraph 1.The additional quota acquired in accordance with paragraph 1 shall not be transferred.

The competent authority may grant premium quota to a saury fishing vessel which cooperates with the competent authority to carry out relevant experiments, researches or management measures.The premium quota as referred to in the preceding paragraph shall not be transferred.

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 ALC services and communications shall be borne by distant water fisheries operators.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 any fishing vessel.

In case that a fishing vessel needs to stay in a domestic port for three days or above; or in a foreign port for repair; or in a foreign port for seven days or above, its distant water fisheries operator may apply to the competent authority with documentary proof for switching off its ALC, which may only be switched off after obtaining approval.In the case of a fishing vessel applying for switching off its ALC during its stay in a foreign port for purposes other than repair, a photograph showing the berthing of such fishing vessel shall be provided weekly. The competent authority may order the concerned vessel to switch on the ALC 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 the preceding provision before the period is expired.Fishing vessels shall not leave port during the period of ALC switching-off the ALC.In the event that the ALC onboard is rebooted, the concerned fishing vessel may only leave port after the commissioned professional institution has confirmed that such ALC can regularly and normally transmit vessel positions.

Any fishing vessel shall carry at least one spare set of ALC on board.In case that the identification number of ALC on board has been changed, the concerned distant water fisheries operator shall notify the competent authority or the commissioned professional institution in writing.

An 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. In the event that the ALC is signal-lost for three consecutive days, it is deemed as malfunction.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 concerned distant water fisheries operator or captain shall immediately send information related to vessel positions by facsimile to the commissioned professional institution. The vessel positions shall be recorded by automatic recording satellite navigator for perusal in later days.The transmit of vessel positions as referred to in the preceding paragraph shall be hourly for any fishing vessel.In the event of mal-functioning ALC, the use of a spare set shall be reported to the competent authority. In case that the spare set is also mal-functional, a spare set from other fishing vessel may be deployed after obtaining the competent authority’s approval.

In the event that an ALC onboard is deemed as signal-lost for an accumulative period of five days or 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 conducted by personnel dispatched by the competent authority, and such 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 transmitting position as referred to in the preceding paragraph shall be borne by the concerned distant water fisheries operator.

For any fishing vessel that is not within the waters under the national jurisdiction of the Republic of China and without a valid distant water fisheries permit, it shall still maintain its ALC operational year-round, and Article 13 to 17 shall apply to such vessel.

In the event that a saury fishing vessel leaves a port, its captain shall daily report catch data through the E-logbook system designated by the competent authority, and shall also daily fill in the logbooks designated by the competent authority. The catch data reported and filled in shall be complete and accurate, and where the catch amount is zero, catch data shall be reported and 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.

In case that the E-logbook system fails to report catch data on the day, the concerned distant water fisheries operator or 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 captain.In the event that the E-logbook system fails to report catch data for three 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 or 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 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 the E-logbook system as referred to in the preceding paragraph shall be borne by the concerned distant water fisheries operator.

Any salmon, trout, sea turtle, seabird, whale shark, cetacean, penguin or other prohibited species announced by the competent authority caught by any saury fishing vessel shall be released when caught alive or discarded when dead, and the number(s) be duly recorded in the logbooks or E-logbook system.

Except for saury caught by saury fishing vessels which shall be retained in full and shall not be discarded, any fish species of no economic value or no utilizing value shall be discarded immediately, and the number(s) discarded shall be duly recorded in the logbooks or the E-logbook system.Where catch taken by a saury fishing vessel is to be discarded due to spoilage, the competent authority shall, prior to such discard, be notified of the species and quantities of fish to be discarded as well as the period during which such fish were caught. After such discard, supporting documentation shall be provided for inspection.In case that the catch discarded pursuant to the preceding paragraph is fish species with catch limit, the amount discarded shall be counted as the amount of the quota used.

In case of shark bycatch by any saury fishing vessel, fins shall not be fully cut off and shall be naturally attached to carcasses, and the species and number(s) of sharks shall be duly recorded in the logbooks and the E-logbook system.

The datum reported through E-logbook or the logbook(s) shall not be altered or amended, unless there is apparent error with the content and the competent authority has approved.

The discrepancy between the catch amount recorded in the E-logbook during one fishing trip of any saury fishing vessel and the actual landing amount shall not exceed the following margins:(1) For fish species with catch limit: 10% of the actual landing amount.(2) For species except for those referred to in the preceding subparagraph: 25% of the actual landing amount.In case that the discrepancy exceeds the ratio as referred to in the preceding paragraph, whereas the following provisions are met, the competent authority, at its discretion, may deem such situation as non-misreporting:(1) For fish species with catch limit, the discrepancy is less than two metric tons.(2) For species except for those referred to in the preceding subparagraph, the discrepancy is less than six metric tons.Any of the following conditions 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 and the actual landing amount exceeds two metric tons as well as 20% of the actual landing amount.(2) For species except for those referred to in the preceding subparagraph, the discrepancy between the catch amount recorded in the E-logbook and the actual landing amount exceeds six metric tons as well as 50% of the actual landing amount.Where catch is transshipped from a saury fishing vessel to a processing vessel or an auxiliary tender vessel, the transshipment amount recorded in the concerned Transshipment Declaration shall be deemed as the actual landing amount.

Any saury fishing vessel intending to conduct transshipment or landing in a domestic or foreign port shall be limited to the following ports:(1) Foreign ports: Busan, Korea.(2) Domestic ports: Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, and Pier No. 41 of Kaohsiung Port, Kaohsiung City.For any landing or in-port transshipment approved by the competent authority to be conducted in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, and Pier No. 41 of Kaohsiung Port, the landing or in-port transshipment may be conducted at any of these ports within the timeframe approved.Any fishing vessel intending to conduct landing in mainland China shall be limited to the designated ports announced pursuant to the Regulations on Permission and the Management of Fishing Vessels Sailing to Mainland China.

Any carrier vessel intending to transship catch from any saury fishing vessel shall meet one 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 NPFC list of authorized vessels, and has installed the ALC which meets the standards specified by the competent authority, and reports its position hourly to the commissioned professional institution.Processing vessels and auxiliary vessels that receive catch from saury fishing vessels shall be listed on the NPFC list of authorized vessels.Carrier vessels and processing vessels that transship catch from saury fishing vessels shall carry observers onboard.

Any saury fishing vessel and carrier vessel of the Republic of China shall not transship with, refuel, or supply any fishing vessel not listed on the NPFC list of authorized vessels, or any fishing vessel that has altered its name or registration numbers.

In case of any of the following circumstances, the competent authority shall list the foreign carrier vessel concerned which transships catch from saury fishing vessel(s) on the non-cooperative carriers list:(1) The foreign carrier vessel has violated any provision regarding vessel position reporting.(2) The foreign carrier vessel has violated any provision regarding transshipment or landing.In case that a processing vessel or auxiliary tender vessel that transships catch of saury fishing vessel(s) violates any provision regarding transshipment or landing, the competent authority shall list such vessel on the non-cooperative processing vessels or auxiliary tender vessels list.

For any carrier vessel intending to transship at sea, its (distant water fisheries) operator shall submit a transshipment plan and the relevant information (as shown in Appendix 4), and apply to the competent authority five days before the at-sea transshipment for approval. In case that the last day for filing the application is a day-off, the application shall be made on the working day before the day-off.Any foreign carrier vessel shall, with the enclosure of the relevant information as shown in Appendix 4, apply to the competent authority for approval before conducting a transshipment in port with any saury fishing vessel for the first time in the current year.In case of any addition to the list of saury fishing vessel(s) in the transshipment plan as approved by the competent authority, the application shall be submitted two working days before making such change to the competent authority for approval. The transshipment with the concerned saury fishing vessel(s) may only be conducted after the approval has been granted. Any application submitted after the prescribed deadline shall be denied.Appendix 4 Information to Be Submitted for Carrier Vessels Intending to Transship.pdf

In case of any of the following circumstances, the application of in-port transshipment or the transshipment plan as referred to in Article 29 shall be denied:(1) The carrier vessel concerned does not meet the requirements stipulated in Article 26.(2) Three years have not passed since the carrier vessel concerned was listed on the non-cooperative carriers list, or one year has not passed since the carrier vessel was listed on the non-cooperative carriers list for not submitting the Transshipment Declaration to the competent authority or the NPFC Secretariat within the required timeframe, in violation of Article 35.(3) The fine for violating the Act imposed on the carrier vessel concerned has not been paid completely.

Prior to transshipping catch from a saury fishing vessel to a carrier vessel, processing vessel, or auxiliary tender vessel, the concerned saury fishing vessel, carrier vessel, and processing vessel shall respectively apply to the competent authority for approval and report to the NPFC Secretariat via the NPFC online transshipment system.Any (distant water fisheries) operator or captain applying for the approval as referred to in the preceding paragraph shall complete a transshipment notification (format as shown in Appendix 5) and submit it to the competent authority no later than three days before the estimated date for transshipment. In case that the last day for filing the application is a day-off, the application shall be made on the working day before the day-off. In case of force majeure that prevents a fishing vessel from applying within the deadline, the application shall be submitted before the completion of the transshipment.Saury fishing vessels, carrier vessels, processing vessels, and auxiliary tender vessels that have obtained approval from the competent authority for transshipment and have reported the transshipment to the NPFC Secretariat may transship within 72 hours after the approved time for transshipment, but shall conduct such activity within 50 nautical miles of the approved location for transshipment.For any transshipment not being able to be conducted within the timeframe or geographical range as referred to in the preceding paragraph, the concerned (distant water fisheries) operator or captain shall, 24 hours before the estimated time for transshipment, complete the transshipment notification (format as shown in Appendix 5) and apply to the competent authority for changing the transshipment time and/or location. Any application made after the timeframe shall be denied.Where the application includes any change to information other than the transshipment time and/or location, a new application shall be made in accordance with paragraph 2.When filing an application in accordance with paragraph 2 or the preceding paragraph, the (distant water fisheries) operator or captain shall simultaneously, or no later than 24 hours before the estimated time for transshipment, report to the NPFC Secretariat via the NPFC online transshipment system. In case of force majeure that prevents a fishing vessel from reporting within the timeframe, the reporting shall be made before the completion of the transshipment. Where the NPFC online transshipment system is unavailable, the transshipment notification (format as shown in Appendix 5) shall be completed and submitted to the NPFC Secretariat.If an approved transshipment is cancelled, the concerned (distant water fisheries) operator or captain of the saury fishing vessel, carrier vessel, and auxiliary tender vessel shall, within three days after the approved period for transshipment, notify the competent authority and report to the NPFC Secretariat via the NPFC online transshipment system.The application for approval and notification to the competent authority as referred to in paragraphs 1, 2, 4, and 6 shall be made via the online application system from 1 January 2027 onward.Appendix 5 Transshipment Notification.pdf

Where a fishing vessel conducts a transfer operation involving the supply of bait, fuel, or other supplies, or a transfer of personnel, the distant water fisheries operator or captain of the receiving fishing vessel shall, 24 hours prior to the scheduled transfer, complete an at-sea transfer notification (Appendix 5-1) and submit it to the competent authority, and, via the NPFC online transshipment system, to the NPFC Secretariat. In case of force majeure that prevents a fishing vessel from submitting such notification within the timeframe, the notification shall be submitted before the completion of the transfer. Where the NPFC online transshipment system is unavailable, the at-sea transfer notification (Appendix 5-1) shall be completed and submitted to the NPFC Secretariat.Any transfer shall be conducted at the estimated time or within 72 hours after such time, and within 50 nautical miles of the location indicated in the at-sea transfer notification.Any transfer not being able to be conducted within the timeframe or geographical range as referred to in the preceding paragraph, the distant water fisheries operator or the captain of the receiving fishing vessel shall file a new application in accordance with paragraph 1.If an approved transfer is cancelled, the distant water fisheries operator or captain of the receiving fishing vessel shall, within three days after the estimated period for transfer, notify the competent authority and, via the NPFC online transshipment system, the NPFC Secretariat.Appendix 5-1 At-Sea Transfer Notification.pdf

For any saury fishing vessel, carrier vessel, processing vessel, or auxiliary tender 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.(3) The total amount to be transshipped exceeds 10% of the catch amount reported through the E-logbook system.For any saury fishing vessel or carrier vessel that is under any of the following circumstances during the current fishing trip, the competent authority may not authorize such vessel to transship at sea:(1) For the catch 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) Any of the following infractions found by the competent authority or the independent third party, or reported by personnel of international fisheries organization(s) after boarding and inspection, have not been improved:i. No valid fishing license on board.ii. No logbook as designated by the competent authority on board.iii. The vessel marking(s) does not comply with the provisions stipulated in Articles 10 to 12.

In the event that catch of any saury fishing 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 31 shall apply.

Any saury fishing vessel or carrier vessel which obtains the approval to transship pursuant to Article 31 shall not conduct the transshipment in the event that the ALC on board is signal-lost and has not been repaired.

For any carrier vessel that receives catch for transshipment, it shall separate catch of each saury fishing vessel and shall have onboard a catch plan and a stowage plan accurately indicating the storage locations of the catch for inspectionAny (distant water fisheries) operator or captain of a saury fishing vessel, carrier vessel, and processing vessel shall:(1) Respectively complete a transshipment declaration (format as shown in Appendix 6) and submit it to the competent authority and, via the NPFC online transshipment system, the NPFC Secretariat, within five working days after the completion of transshipment. For the submission to the competent authority, it shall be made via the online application system from 1 January 2027 onward.(2) Place onboard for inspection the transshipment declaration(s) of each transshipment that the vessel has been engaged in during the current trip.Appendix 6 Transshipment Declaration.pdf

For any saury fishing vessel landing its catch in a domestic or foreign port, the following person(s) shall complete an Advance Notice of Landing (as shown in Appendix 7), 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 day-off, the application shall be made on the working day before the day-off:(1) For the landing conducted by a saury fishing 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 saury fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator or the captain of such saury fishing vessel shall submit it no later than three days before the estimated date for landing.(3) For the landing conducted by a carrier vessel, the distant water fisheries operator of a saury fishing vessel shall submit it no later than three days before the estimated date for landing.(4) For the landing conducted by a carrier vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of a saury fishing vessel shall submit it no later than three days before the estimated date for landing.Fishing vessels approved by the competent authority to conduct landing may land the catch within seven days starting from the date approved to conduct landing. For any fishing vessel that is approved to land in the domestic port as referred to in Article 25, paragraph 2, the landing may be conducted within 11 days.For any landing not being able to be conducted within the timeframe as referred to in the preceding paragraph, the concerned distant water fisheries operator or captain of the saury fishing vessel may apply for changing the landing date before the end of the timeframe, and the landing may only be conducted after obtaining the approval from the competent authority. Any application made after the timeframe shall be denied.For any saury fishing vessel whose catch is landed at a foreign port and transported to a domestic port by a container vessel, the distant water fisheries operator of such saury fishing vessel shall, no later than three days before the container vessel’s port entry, notify the competent authority of the time for port entry and the name of the port.Fishing vessels may only apply for navigating from fishing area(s) to port(s) of Mainland China for landing in accordance with paragraph 1 after the completion of fishing operations in the current year, and shall not load any object from the Mainland China.The application of approval to the competent authority as referred to in paragraph 1 shall be made via the online application system from 1 January 2027 onward.Appendix 7 Advance Notice of Landing／ Landing Declaration for Catches of Distant Water Fishing Vessels.pdf

Upon the completion of landing by any saury fishing vessel, the following person(s) shall complete and submit to the competent authority a Landing Declaration (as shown in Appendix 7), by the prescribed deadline:(1) For the landing conducted by a saury fishing vessel, its distant water fisheries operator or captain shall submit the Declaration within ten working days after the completion of landing.(2) For the landing conducted by a saury fishing vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of such saury fishing vessel shall submit the Declaration within ten working days after the container(s) containing such catch unloads and completes customs clearance.(3) For the landing conducted by a carrier vessel, the distant water fisheries operator of the saury fishing vessel shall submit the Declaration within ten working days after the completion of landing by the carrier vessel.(4) For the landing conducted by a carrier vessel with the catch subsequently being transported by commissioning a container vessel, the distant water fisheries operator of the saury fishing vessel shall submit the Declaration within ten working days after the container(s) containing such catch unloads and completes customs clearance.The term “completion of landing” as referred to in these Regulations means the whole weighing process has been completed for the catch landed at a port.The submission of the Landing Declaration to the competent authority as referred to in paragraph 1 shall be made via the online application system from 1 January 2027 onward.Appendix 7 Advance Notice of Landing／ Landing Declaration for Catches of Distant Water Fishing Vessels.pdf

Distant water fisheries operators and captains of fishing vessels shall accept port inspections conducted by the competent authority or the independent third party for the verification of the catch landed or transshipped.For any fishing vessel designated by the competent authority to be inspected, its distant water fisheries operator or captain shall comply with the following:(1) For inspections conducted by the competent authority, the landing or transshipment shall start only after the person(s) of the competent authority has arrived.(2) For inspections conducted by the independent third party, contact with the independent third party shall be made, and the landing and transshipment shall start only after the person(s) of the independent third party has arrived.Any fishing vessel landing or transshipping in a foreign port shall comply with the laws and regulations of the concerned port State, and shall not evade, obstruct, or refuse inspections of the port State.

A distant water fisheries operator of any saury fishing vessel shall, within 60 days after the completion of sale or landing, submit sales or inventory information to the competent authority. The sales information shall at least include buyer(s), fish species and quantities.

Any of the following circumstances shall be subject to punishment(s) in accordance with Article 36 of the Act:(1) Where Article 31, paragraph 1 is violated by transshipping without approval, or, in the event of force majeure, failing to submit an application for transshipment before the completion of the transshipment.(2) Where Article 31, paragraph 3 is violated by transshipping outside the approved timeframe or geographical range. However, this provision shall not apply to the circumstance set forth in paragraph 2, subparagraph (4) of this Article.(3) Where Article 36, paragraph 1 is violated by landing without approval.(4) Where Article 36, paragraph 2 is violated by landing outside the approved timeframe. However, this provision shall not apply to the circumstance set forth in paragraph 2, subparagraph (14) of this Article.(5) Where the provisions of Article 38, paragraph 1 is violated by evading, obstructing, or refusing any inspection for catch verification, or by failing to comply with the requirements stipulated in Article 38, paragraph 2.Any of the following circumstances shall be subject to punishment(s) in accordance with Article 41 of the Act:(1) Where a fishing vessel violates Article 27 by refueling or supplying any fishing vessel not listed in NPFC list of authorized fishing vessels, or any fishing vessel that alters its name or registration numbers.(2) Where a carrier vessel of the Republic of China violates Article 27 by transshipping with, refueling, or supplying any fishing vessel not listed in the NPFC list if authorized fishing vessels or any fishing vessel that alters its name or registration numbers.(3) Where Article 31, paragraph 1 is violated by engaging in a transshipment without reporting via the NPFC online transshipment system.(4) Where a fishing vessel or carrier vessel authorized to transship in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port violates Article 31, paragraph 3 by transshipping after the timeframe approved.(5) Where Article 31, paragraph 5 is violated by failing to submit the transshipment notification to the NPFC Secretariat via the NPFC online transshipment system 24 hours before the estimated time for transshipment, or, in the event of force majeure, before completion of the transshipment, or when the NPFC online transshipment system is unavailable.(6) Where Article 31, paragraph 6 is violated by failing, when a transshipment is canceled, to notify the competent authority or the NPFC Secretariat via the NPFC online transshipment system within three days after the approved period for transshipment.(7) Where Article 31-1, paragraph 1 is violated by failing to submit the at-sea transfer notification to the competent authority or, via the NPFC online transshipment system, to the NPFC Secretariat, within the timeframe. However, this provision shall not apply where the transfer involves foreign crew employed overseas by distant water fisheries operators of fishing vessels of the Republic of China, and the concerned report has been made to the NPFC Secretariat within the timeframe and the permission from the competent authority has been applied for in accordance with Article 27 or 28 of the Regulations on the Authorization and Management of Overseas Employment of Foreign Crew Members.(8) Where Article 31-1, paragraph 2 is violated by transferring outside the estimated timeframe or geographical range.(9) Where Article 31-1, paragraph 4 is violated by failing, when a transfer is canceled, to notify the competent authority and, via the NPFC online transshipment system, the NPFC Secretariat, within three days after the estimated period for transfer.(10) Where Article 34 is violated by transshipping when the ALC on board is signal-lost and has not been repaired.(11) Where Article 35, paragraph 1 is violated by failing to keep on board a catch plan or a stowage plan accurately indicating the storage locations of catch.(12) Where the Article 35, paragraph 2, subparagraph (1) is violated by failing to submit the transshipment declaration to the competent authority or the NPFC Secretariat within the timeframe.(13) Where Article 35, paragraph 2, subparagraph (2) is violated by failing to keep on the transshipment declaration(s) of each transshipment that has been engaged in during the current trip(14) Where a fishing vessel that falls under the proviso clause of Article 36, paragraph 2 lands in Chienchen Fishing Harbor, Siaogang Linhai New Residential Quarter Fishing Harbor, Cijin Fishing Harbor, or Pier No. 41 of Kaohsiung Port after the timeframe approved.(15) Where Article 37 is violated by failing to submit the Landing Declaration within timeframe.(16) Where Article38, paragraph 3 is violated by evading, obstructing, or refusing any inspection by port States.

For any fishing vessel that receives an observer assigned by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization, its distant water fisheries operator shall comply with the following:(1) To notify the competent authority in writing seven working days before the date of intended 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 and to ensure the safety of the observer.

For any fishing vessel that receives an observer assigned by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization, its captain shall comply with the following:(1) The captain shall attend the pre-sail training course given by the competent authority.(2) When the 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 provisions 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.

In the event that an observer dies or the search and rescue are ceased for a missing observer fallen overboard, the concerned fishing vessel shall immediately cease fishing operations, and the competent authority shall order such vessel to navigate directly to the port designated by the competent authority for investigation.In the event that an observer suffers from a serious illness or injury that threatens his or her health or safety, the concerned fishing vessel shall immediately cease fishing operations and facilitate the disembarkation of the observer for appropriate medical treatment.In the event that an observer is assaulted, intimidated, threatened, or harassed, the competent authority may order the concerned fishing vessel to immediately cease fishing operations and navigate to the designated port within the required timeframe.

In the event of boarding and inspection conducted by inspector(s) assigned by the competent authority, any foreign country with which the fisheries cooperation is engaged, or any international fisheries organization, captains and crew of inspected vessels shall cooperate with and facilitate the safe boarding and disembarkation of the inspector(s), as well as provide the inspector(s) with adequate space, boarding ladder(s), facilities, and equipment necessary for accommodation and carrying out duties onboard.

Matters related to the management of high risk fishing vessels categorized by the competent authority shall be governed by this Chapter. Matters not stipulated in this Chapter shall be governed by these Regulations.

High risk fishing vessels shall, from the date that the competent authority informs the concerned distant water fisheries operators, comply with the special management measures as follows:(1) Such vessels shall not engage in fisheries cooperation by means of being chartered to any foreigner.(2) For each fishing trip of such vessels, the competent authority may assign observes onboard or require the installation of functional electronic monitoring equipment before port departure. This provision shall not apply where observers meeting the requirements of the international fisheries organizations are already onboard.(3) Vessel positions shall be transmitted in accordance with Chapter VI.(4) Catch reports shall be conducted in accordance with provisions stipulated in Chapter V.(5) Such vessels shall not conduct at-sea transshipment.(6) For transshipment in port, the Transshipment Notification shall be completed 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 completed 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, such vessels shall be subject to inspections conducted by the competent authority or the independent third party.

In the event that any high risk fishing vessel does not violate any regulation for one year starting from the date of being listed as high risk fishing vessel, such vessel shall be de-listed and exempted from the special management measures.

To prevent harming marine living species, any fishing vessel shall not dispose any type of garbage or discharge any sewage and oil at sea.

For any saury fishing vessel proceeding to north Pacific Ocean for fishing operations, it shall not discard or abandon fishing gear at sea, and shall make every reasonable effort to retrieve any fishing gear released to sea due to force majeure.

Cartons for packing saury shall be marked with the date of harvesting the catch in an appropriate manner.

These Regulations shall become effective on January 20, 2017.Amendments to these Regulations shall become effective on the date of promulgation.