Act for Distant Water Fisheries

Any person who commits any of the following violations shall be subject to imprisonment of 3 years or under, or in lieu thereof or in addition thereto, a criminal fine of 6 million to 30 million New Taiwan Dollars: (1) Not navigating to the designated port within the required timeframe set by the competent authority pursuant to Article 18, paragraph 1 or Article 20, paragraph 2; or (2) Navigating a fishing vessel out of a port in violation of Article 21, and not navigating to the designated port within the required timeframe set by the competent authority. In case that a representative of any legal person, or an agent, employee, or other person engaged in the relevant business activities of a legal or natural person commits the violations as stipulated in the preceding paragraph in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in the preceding paragraph shall also be imposed upon the legal or natural person concerned. In case that a distant water fisheries operator or a distant water fisheries employee commits, for the first time, any of the violations as stipulated in paragraph 1, the competent authority may suspend the fishing license of the distant water fisheries operator for 2 years or under, or revoke the fishing license. In case that a distant water fisheries operator whose fishing license has been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the fishing license shall be revoked. The competent authority may impose on any distant water fisheries employee that commits, for the first time, any of the violations as stipulated in paragraph 1 the suspension of Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under or revocation. In case that a distant water fisheries employee whose Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers have been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers shall be revoked.

In case that any distant water fisheries operator or distant water fisheries employee commits any of the serious infringements as stipulated in Article 13, paragraph 1, a fine shall be imposed upon the distant water fisheries operator concerned in accordance with the following provisions, and the concerned fishing license may be suspended for 2 years or under or be revoked: (1) For any fishing vessel 500 Gross Tonnage (GT) or above: a fine between 6 million and 30 million New Taiwan Dollars. (2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 4 million and 20 million New Taiwan Dollars. (3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 2 million and 10 million New Taiwan Dollars. (4) For any fishing vessel less than 50 GT: a fine between 1 million and 5 million New Taiwan Dollars. In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to the provisions as stipulated in the preceding paragraph, an amount of a fine for up to 5 times of the value of such catch or fisheries products shall be imposed. In case that any distant water fisheries operator or distant water

fisheries employee commits the same provision of serious infringement as stipulated in Article 13, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 13, paragraph 1 for 3 times within 3 years, a fine shall be imposed upon the distant water fisheries operator concerned in accordance with the following provisions and the concerned fishing license shall be suspended between 2 and 3 years or be revoked: (1) For any fishing vessel 500 GT or above: a fine between 9 million and 45 million New Taiwan Dollars. (2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 6 million and 30 million New Taiwan Dollars. (3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 3 million and 15 million New Taiwan Dollars. (4) For any fishing vessel less than 50 GT: a fine between 1.5 million and 7.5 million New Taiwan Dollars. In case that the value of catch or fisheries products concerned exceeds the fine imposed pursuant to the provisions as stipulated in the preceding paragraph, an amount of a fine for up to 8 times of the value of such catch or fisheries products shall be imposed. In case that any distant water fisheries employee who commits any of the serious infringements as stipulated in Article 13, paragraph 1, a fine shall be imposed upon the distant water fisheries employee concerned in accordance with the following provisions, and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under or be revoked: (1) For any fishing vessel 500 GT or above: a fine between 1.2 million and 6 million New Taiwan Dollars. (2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between 800 thousand and 4 million New Taiwan Dollars. (3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 400 thousand and 2 million New Taiwan Dollars. (4) For any fishing vessel less than 50 GT: a fine between 200 thousand and 1 million New Taiwan Dollars. In case that any distant water fisheries employee commits the same provision of serious infringement as stipulated in Article 13, paragraph 1 for 2 times within 3 years, or different serious infringements as stipulated in Article 13, paragraph 1 for 3 times within 3 years, a fine shall be imposed upon the distant water fisheries employee concerned in accordance with the following provisions and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers shall be revoked: (1) For any fishing vessel 500 GT or above: a fine between 1.8 million and 9 million New Taiwan Dollars. (2) For any fishing vessel 100 GT or above, and less than 500 GT: a fine between1.2 million and 6 million New Taiwan Dollars. (3) For any fishing vessel 50 GT or above, and less than 100 GT: a fine between 600 thousand and 3 million New Taiwan Dollars. (4) For any fishing vessel less than 50 GT: a fine between 300 thousand and 1.5 million New Taiwan Dollars. The value of catch or fisheries products as referred to in paragraphs 2 and 4 shall be calculated based on the average prices of such catch or fisheries products in domestic fish markets in the preceding 3 years.

Any person that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to a fine between 2 million and 10 million New Taiwan Dollars. Any person that commits such violation for 2 times within 1 year shall be subject to a fine between 3 million and 15 million New Taiwan Dollars. Any distant water fisheries operator or distant water fisheries employee that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to suspension of the concerned fishing license of such distant water fisheries operator for 2 years or under, or revocation of the concerned fishing license. Any distant water fisheries operator or distant water fisheries employee that commits such violation for 2 times within 1 year shall be subject to suspension of the concerned fishing license of such distant water fisheries operator between 2 and 3 years or revocation of the concerned fishing license. Any distant water fisheries employee that refuses to provide information required by the competent authority pursuant to Article 15 shall be subject to suspension of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under, or revocation of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers. Any distant water fisheries employee whose Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers have been suspended for refusing to provide information required by the competent authority pursuant to Article 15 commits such violation for 2 times within 1 year shall be subject to revocation of the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers.

In case that any distant water fisheries operator or distant water fisheries employee commits any of the following violations, such distant water fisheries operator shall be subject to a fine between 500 thousand and 2.5 million New Taiwan Dollars, and the concerned fishing license may be suspended for 2 years or under, or be revoked: (1) Violating provisions of the regulations concerning the management of fishing vessels as stipulated pursuant to Article 10, paragraph 2, except for those belonging to the serious infringements. (2) Violating provisions of the regulations concerning matters to be reported, reporting procedures, or inspections of transshipment and landing in port as stipulated pursuant to Article 11, paragraph 3. (3) Violating provisions of the regulations concerning items of fishing activities and manners of cooperation as stipulated pursuant to Article 12, paragraph 3. (4) Violating provisions of the regulations concerning the special management measures on fisheries cooperation limitations, t reporting frequency of vessel positions, catch reporting, landing inspections, and transshipment limitations as stipulated pursuant to Article 24, paragraph 2. (5) Violating provisions of the regulations concerning conditions for permission, period(s), and management as stipulated pursuant to Article 31, paragraph 3. Any distant water fisheries operator or distant water fisheries employee that commits the same violation as stipulated in the preceding paragraph for 2 times within 1 year, or commits different violations as stipulated in the preceding paragraph for 3 times within 1 year shall be subject to a fine between 750 thousand and 3.75 million New Taiwan Dollars, and the concerned fishing license of the distant water fisheries operator may be suspended for 2 years or under or be revoked. Any distant water fisheries employee who commits any of the violations as referred to in paragraph 1 shall be imposed upon a fine between 100 thousand and 500 thousand New Taiwan Dollars and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under, or be revoked. Any distant water fisheries employee that commits the same violation as stipulated in paragraph 1 for 2 times within 1 year, or commits different violations as stipulated in paragraph 1 for 3 times within 1 year shall be subject to a fine between 150 thousand and 750 thousand New Taiwan Dollars, and the concerned Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers may be suspended for 2 years or under or be revoked.

Any person that recruits foreign crew members as a recruitment agent without authorization shall be subject to a fine between 4 million and 20 million New Taiwan Dollars. Any recruitment agent that violates provisions of the regulations on rights and interests of recruitment agents, distant water fisheries operators, and foreign crew members, contents of contracts, or management responsibilities as stipulated pursuant to Article 26, paragraph 3 shall be subject to a fine between 1 million and 5 million New Taiwan Dollars. The qualification for such agent may be revoked and the security deposit may be confiscated. Any distant water fisheries operator that commits any of the following violations shall be subject to a fine between 50 thousand and 250 thousand New Taiwan Dollars, and the concerned fishing license of such distant water fisheries operator may be suspended for 1 year or under: (1) Employing overseas any foreign crew member without the permission from the competent authority, in violation of Article 26, paragraph 1. (2) Violating provisions of the regulations on rights and interests of distant water fisheries operators and foreign crew members, contents of contracts, or management responsibilities as stipulated pursuant to Article 26, paragraph 3.

In any of the following circumstances, the competent authority shall deny the issuance of any distant water fisheries permit. For a distant water fisheries permit that has been issued, the competent authority shall adjust, limit, or revoke it: (1) Where restrictions placed by conservation and management measures are changed. (2) Where it is in response to the conclusion as a result of consultation between the ROC and other States or international fisheries organizations. (3) Where it is subject to a voluntary or interim conservation and management measure adopted by an international fisheries organization under establishment. (4) Where the country with which a fishing vessel engages in fisheries cooperation lacks mechanisms in controlling and managing foreign fishing vessels fishing in the waters under its national jurisdiction. (5) Where the country with which a fishing vessel engages in fisheries cooperation is listed on the IUU fishing non-cooperating countries list or is subject to a letter of identification for more than 2 years by other States, international fisheries organizations, or other economic integrated organizations. (6) Where it is necessary for the management of marine fisheries resources.

Any person with the nationality of the ROC shall not conduct any of the following serious infringements: (1) Conducting distant water fisheries without a fishing license or distant water fisheries permit as referred to in Article 6, paragraph 1, or conducting distant water fisheries during the period of the execution of suspension of a fishing license. (2) Leaving ports without installing VMS or E-logbook system onboard, in violation of Article 9, paragraph 1. (3) Conducting transshipment at sea or in port or landing in port without authorization from the competent authority, in violation of

Article 11, paragraph 1. (4) Engaging in fisheries cooperation without approval from the competent authority and fishing in waters under national jurisdictions of other States, in violation of Article 12, paragraph 1. (5) Falsifying, altering, or concealing Chinese/English vessel names, names of registry ports, CT numbers, or international radio call signs. (6) Intentionally causing a VMS to misreport vessel positions or rendering VMS non-functional when fishing. (7) Continuing catching species with catch limit when the total catch of such species of a fishing vessel has exceeded 20 percent of the quota allowed by the competent authority pursuant to the regulations prescribed in accordance with Article 10, paragraph 2, subparagraph (4). (8) Fishing in prohibited fishing areas or seasons. (9) Using fishing gears as prohibited by the competent authority. (10) Engaging in any fishery that is not authorized by the competent authority. (11) Fishing for, retaining, transshipping, landing, or selling prohibited species. (12) Not submitting or filling in logbooks or catch reports, in violation of the regulations prescribed in accordance with Article 10, paragraph 2, or seriously misreporting logbooks or catch reports. (13) Refusing, evading, or obstructing any observer dispatched by the competent authority, any international fisheries organization, or a State with which the fisheries cooperation in engaged for conducting observation tasks. (14) Refusing, evading, or obstructing any inspection as referred to in Article 11, paragraph 2; Article 12, paragraph 2; Article 16; Article 17, paragraph 1; or Article 25, paragraph 1; or any audit conducted pursuant to the regulations prescribed in accordance with Article 25, paragraph 4. (15) Falsifying, altering, destroying, or concealing any evidence related to a violation of the Act. (16) Providing catch certificate documents of a fishing vessel for the use of catch of other fishing vessel(s), or using catch certificate documents of other fishing vessel(s) for selling catch caught by itself. (17) Falsification or alteration of catch certificate documents, using catch certificate documents not issued to the catch concerned, or intentionally using catch certificate documents that are falsified or altered to sell catch or fisheries products. (18) Participating in joint fishing with, transshipping with, or supplying any fishing vessel listed on IUU fishing vessel lists of international fisheries organizations or any stateless vessel. (19) Trading (purchasing, selling, marketing, etc.) or processing catch or fisheries products with the knowledge that such catch or fisheries products originate from any of the following circumstances: i. Any circumstances as stipulated in subparagraph (1) to the preceding subparagraph of this Article; or ii. Catch is caught by any fishing vessel listed in IUU fishing vessel lists of international fisheries organizations The prohibited fishing seasons and areas as referred to in subparagraph (8), the prohibited fishing gears as referred to in subparagraph (9), the prohibited species as referred to in subparagraph (11), and the IUU fishing vessel lists as referred to in subparagraph (18) and item ii of subparagraph (19) of the preceding paragraph shall be announced by the competent authority.

In case that any distant water fisheries operator is under any of the following circumstances, the competent authority shall categorize his/her fishing vessel(s) as high risk fishing vessel(s), and shall implement special management measures: (1)Any serious infringement as stipulated in Article 13, paragraph 1, is conducted by the distant water fisheries operator. (2)Fines accumulated 2 million New Taiwan Dollars or above within 3 years have been imposed upon the distant water fisheries operator for violating the Act. (3)The accumulated period of suspension of any fishing license is 3 months or above for violating the Act, and 3 years have not passed since such punishment is executed completely. Regulations on fisheries cooperation limitations, dispatch of observers, reporting frequency of vessel positions, catch reporting, landing inspections, transshipment limitations, duration of special management, and other requirements provided in the special management measures as referred to in the preceding paragraph shall be prescribed by the competent authority. In case that the concerned distant water fisheries operator of any high risk fishing vessel as referred to in paragraph 1 is changed, the competent authority shall still implement the special management measures in accordance with the regulations as referred to in the preceding paragraph on such fishing vessel.

The competent authority may commission professional institution(s) to conduct the following matters: (1) Providing advice and guidance on distant water fisheries. (2) Monitoring and management of vessel positions. (3) Development and management of E-logbook reporting software. (4) Collection, statistics, analysis, and utilization of catch data. (5) Transshipment in port or landing in port inspections. (6) Dispatch of observers. (7) Assisting fisheries associations to implement fisheries management policies and measures prescribed by the competent authority.

The competent authority may assist private sectors to conduct the following matters: (1) Negotiations related to distant water fisheries or conclusion of agreements with other States, international fisheries organizations, or foreign organizations or institutes related to fisheries. (2) Exchange of international information, technology, and human resources related to distant water fisheries. (3) Standardization of international technology, joint research and cooperation on technology related to distant water fisheries. (4) Holding international academic meetings or exhibitions related to distant water fisheries. (5) Research on overseas markets for fisheries products, or the dissemination of information related to distant water fisheries. (6) Training of native or foreign crew members, officers, or observers. (7) Other international cooperation matters related to distant water fisheries.

(5) "Distant water fisheries operator” means any person that operates distant water fisheries. (6) “Distant water fisheries employee” means any crew member of a fishing vessel and any other person that catches, lands, or transships catch or fisheries products for any distant water fisheries operator. (7) “Industry related to distant water fisheries” means relevant industry that engages in the processing, transporting, storing, purchasing, selling, selling on assignment, or export trade. (8) “International fisheries organization” means any international fisheries management organization or regional or sub-regional Print Time:2024/08/06 02:08

fisheries management organization established in accordance with international conventions, treaties, or agreements in which the Republic of China (hereinafter referred to as “the ROC”) participates. (9) “Conservation and management measures” means Recommendations or Resolutions that are adopted by international fisheries organizations and are in force and binding for the conservation and management of marine fisheries resources. (10) “Transshipment at sea” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters outside of port areas. (11) “Transshipment in port” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters inside of port areas. (12) “Landing in port” means landing catch or fisheries products in waters inside of port areas. (13) “Observer” means any person dispatched by the competent authority, international fisheries management organizations, or States with which the fisheries cooperation is engaged to conduct observation, verification, data collection, sampling, and other relevant missions on board any fishing vessel. (14) “Illegal fishing” means fishing activities: i. conducted by national or foreign fishing vessel in waters under the jurisdiction of a State without the permission of that State, or in contravention of its laws and regulations; ii. conducted by any fishing vessel flying the flag of States that are parties to a relevant international fisheries organization, but operate in contravention of conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or iii. in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant international fisheries organization. (15) “Unreported fishing” means fishing activities: i. that have not been reported or have been misreported to the relevant national authority, in contravention of national laws and regulations; or ii. undertaken in the area of competence of a relevant international fisheries organization that have not been reported or have been misreported, in contravention of the reporting procedures of that organization. (16) “Unregulated fishing” means fishing activities: i. in the area of application of a relevant international fisheries organization that are conducted by fishing vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or

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ii. in areas or for fish stocks in relation to which there are no applicable conservation and management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law. (17) “Flag State” means a State whose flag a vessel flies or is entitled to fly. (18) “Exclusive Economic Zone” means an area beyond and adjacent to the territorial sea and extending to a distance of 200 nautical miles from the baselines of the territorial sea.

In addition to the serious infringements as stipulated in Article 13, paragraph 1, any person with the nationality of the ROC shall not engage in or support IUU fishing. In the event that a person with the nationality of the ROC employed on board any foreign flagged fishing vessel is suspected to be involved in IUU fishing as referred to in the preceding paragraph, the competent authority shall, without prejudice to the sovereignty of the flag State, take appropriate measures to prevent IUU fishing. The competent authority shall cooperate with international fisheries organizations or other States to prevent and deter any person with the nationality of the ROC from engaging in or supporting IUU fishing. Any catch or fisheries product that is involved in IUU fishing activities shall not be imported. For the catch or fisheries product as referred to in the preceding paragraph, item(s) and information related to the transportation or harvesting thereof are announced by the competent authority. In the event that any international treaty, agreement, United Nations resolution, or international cooperation calls for it, or for the purpose of combating IUU fishing activities, the competent authority may announce the prohibition of importation of some or all catch or fisheries products from certain nation(s) or area(s). Upon the disappearance of the reason(s) for importation prohibition, the competent authority shall announce the lift of such prohibition forthwith.

In case that any foreign flagged fishing vessel conducts any of the following activities, the offender(s) shall be subject to a fine between 6 million and 30 million New Taiwan Dollars: (1) Violating Article 22, paragraph 1, for entering ports of the ROC without the permission from the competent authority. (2) Evading, obstructing, or refusing any inspection conducted by the competent authority pursuant to Article 23, paragraph 1, or refusing to answer to any inspector’s queries, or making false statement. In case that any foreign flagged fishing vessel commits the same provision of violation as referred to in the preceding paragraph for 2 times within 3 years, or different violations as referred to in the preceding paragraph for 3 times within 3 years, a fine between 9 million and 45 million New Taiwan Dollars shall be imposed upon the offender(s). In case that any foreign flagged fishing vessel violates the regulations prescribed pursuant to Article 22, paragraph 3 concerning the advance notifications of landing, areas and times for landing, management, and other requirements, a fine between 500 thousand to 2.5 million New Taiwan Dollars shall be imposed upon the offender(s). In case that the fine imposed pursuant to the preceding three paragraphs is not paid within the timeframe, the competent authority may prohibit the fishing vessel from port departure. Notwithstanding this provision, in case that equivalent collateral has been provided, the prohibition of port departure may be exempted. In case that a vessel is found to be a stateless vessel after an inspection conducted by the competent authority pursuant to Article 23, paragraph1, such vessel and its catch and fisheries products shall be confiscated and the catch and fisheries products shall be destroyed.

In addition to the penalties imposed pursuant to Article 36, paragraphs 1 and 2; Article 38, paragraphs 1, 2 and 4; Article 39, paragraph 1; and Article 41, paragraph 1, the concerned catch or fisheries products caught, transshipped, purchased or sold, or sold on assignment, or fishing gears involved may also be confiscated, regardless of the ownership. In addition to the penalties imposed pursuant to Article 36, paragraphs 3 and 4; Article 38, paragraphs 5 and 6; Article 39, paragraph 2; and Article 41, paragraph 2, the concerned catch or fisheries products caught, transshipped, purchased or sold, or sold on assignment, or fishing gears involved shall be confiscated, regardless of the ownership. In addition to the punishments imposed pursuant to Article 36, the concerned fishing vessels that caught or transshipped may also be confiscated, regardless of the ownership. In case that the whole or part of such catch, fisheries products, fishing gears, or fishing vessels as referred to in the preceding three paragraphs cannot be confiscated, the value of such catch, fisheries products, fishing gears or fishing vessels shall be collected.

(5) "Distant water fisheries operator” means any person that operates distant water fisheries. (6) “Distant water fisheries employee” means any crew member of a fishing vessel and any other person that catches, lands, or transships catch or fisheries products for any distant water fisheries operator. (7) “Industry related to distant water fisheries” means relevant industry that engages in the processing, transporting, storing, purchasing, selling, selling on assignment, or export trade. (8) “International fisheries organization” means any international fisheries management organization or regional or sub-regional Print Time:2024/08/06 02:08

fisheries management organization established in accordance with international conventions, treaties, or agreements in which the Republic of China (hereinafter referred to as “the ROC”) participates. (9) “Conservation and management measures” means Recommendations or Resolutions that are adopted by international fisheries organizations and are in force and binding for the conservation and management of marine fisheries resources. (10) “Transshipment at sea” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters outside of port areas. (11) “Transshipment in port” means transferring catch or fisheries products from a fishing vessel or a vessel to another fishing vessel or vessel in waters inside of port areas. (12) “Landing in port” means landing catch or fisheries products in waters inside of port areas. (13) “Observer” means any person dispatched by the competent authority, international fisheries management organizations, or States with which the fisheries cooperation is engaged to conduct observation, verification, data collection, sampling, and other relevant missions on board any fishing vessel. (14) “Illegal fishing” means fishing activities: i. conducted by national or foreign fishing vessel in waters under the jurisdiction of a State without the permission of that State, or in contravention of its laws and regulations; ii. conducted by any fishing vessel flying the flag of States that are parties to a relevant international fisheries organization, but operate in contravention of conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or iii. in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant international fisheries organization. (15) “Unreported fishing” means fishing activities: i. that have not been reported or have been misreported to the relevant national authority, in contravention of national laws and regulations; or ii. undertaken in the area of competence of a relevant international fisheries organization that have not been reported or have been misreported, in contravention of the reporting procedures of that organization. (16) “Unregulated fishing” means fishing activities: i. in the area of application of a relevant international fisheries organization that are conducted by fishing vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or

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ii. in areas or for fish stocks in relation to which there are no applicable conservation and management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law. (17) “Flag State” means a State whose flag a vessel flies or is entitled to fly. (18) “Exclusive Economic Zone” means an area beyond and adjacent to the territorial sea and extending to a distance of 200 nautical miles from the baselines of the territorial sea.

In any of the following circumstances, the competent authority shall deny the issuance of any distant water fisheries permit. For a distant water fisheries permit that has been issued, the competent authority shall adjust, limit, or revoke it: (1) Where restrictions placed by conservation and management measures are changed. (2) Where it is in response to the conclusion as a result of consultation between the ROC and other States or international fisheries organizations. (3) Where it is subject to a voluntary or interim conservation and management measure adopted by an international fisheries organization under establishment. (4) Where the country with which a fishing vessel engages in fisheries cooperation lacks mechanisms in controlling and managing foreign fishing vessels fishing in the waters under its national jurisdiction. (5) Where the country with which a fishing vessel engages in fisheries cooperation is listed on the IUU fishing non-cooperating countries list or is subject to a letter of identification for more than 2 years by other States, international fisheries organizations, or other economic integrated organizations. (6) Where it is necessary for the management of marine fisheries resources.

Any person who commits any of the following violations shall be subject to imprisonment of 3 years or under, or in lieu thereof or in addition thereto, a criminal fine of 6 million to 30 million New Taiwan Dollars: (1) Not navigating to the designated port within the required timeframe set by the competent authority pursuant to Article 18, paragraph 1 or Article 20, paragraph 2; or (2) Navigating a fishing vessel out of a port in violation of Article 21, and not navigating to the designated port within the required timeframe set by the competent authority. In case that a representative of any legal person, or an agent, employee, or other person engaged in the relevant business activities of a legal or natural person commits the violations as stipulated in the preceding paragraph in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in the preceding paragraph shall also be imposed upon the legal or natural person concerned. In case that a distant water fisheries operator or a distant water fisheries employee commits, for the first time, any of the violations as stipulated in paragraph 1, the competent authority may suspend the fishing license of the distant water fisheries operator for 2 years or under, or revoke the fishing license. In case that a distant water fisheries operator whose fishing license has been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the fishing license shall be revoked. The competent authority may impose on any distant water fisheries employee that commits, for the first time, any of the violations as stipulated in paragraph 1 the suspension of Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under or revocation. In case that a distant water fisheries employee whose Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers have been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers shall be revoked.

In the event that a fishing vessel confiscated pursuant to the provisions stipulated in Article 43 is listed on a IUU fishing vessel list of any international fisheries organization, the competent authority may apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality. In the event that a fishing vessel whose fishing license was withdrawn pursuant to the Fisheries Act before the Act becomes effective and which is listed on a IUU fishing vessel list of any international fisheries organization fails to comply with the order of the competent authority to return to domestic ports within required timeframe, the competent authority may confiscate such fishing vessel, and apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality.

Any fishing vessel of distant water fisheries shall be installed with a vessel monitoring system (hereinafter referred to as VMS) and an electronic logbook system (hereinafter referred to as E-logbook) before leaving ports.

Regulations on the management and guidance of the VMS and E- logbook as referred to in the preceding paragraph, the electronic

navigational chart, and monitoring center shall be prescribed by the competent authority.

Any person with the nationality of the ROC shall not conduct any of the following serious infringements: (1) Conducting distant water fisheries without a fishing license or distant water fisheries permit as referred to in Article 6, paragraph 1, or conducting distant water fisheries during the period of the execution of suspension of a fishing license. (2) Leaving ports without installing VMS or E-logbook system onboard, in violation of Article 9, paragraph 1. (3) Conducting transshipment at sea or in port or landing in port without authorization from the competent authority, in violation of

Article 11, paragraph 1. (4) Engaging in fisheries cooperation without approval from the competent authority and fishing in waters under national jurisdictions of other States, in violation of Article 12, paragraph 1. (5) Falsifying, altering, or concealing Chinese/English vessel names, names of registry ports, CT numbers, or international radio call signs. (6) Intentionally causing a VMS to misreport vessel positions or rendering VMS non-functional when fishing. (7) Continuing catching species with catch limit when the total catch of such species of a fishing vessel has exceeded 20 percent of the quota allowed by the competent authority pursuant to the regulations prescribed in accordance with Article 10, paragraph 2, subparagraph (4). (8) Fishing in prohibited fishing areas or seasons. (9) Using fishing gears as prohibited by the competent authority. (10) Engaging in any fishery that is not authorized by the competent authority. (11) Fishing for, retaining, transshipping, landing, or selling prohibited species. (12) Not submitting or filling in logbooks or catch reports, in violation of the regulations prescribed in accordance with Article 10, paragraph 2, or seriously misreporting logbooks or catch reports. (13) Refusing, evading, or obstructing any observer dispatched by the competent authority, any international fisheries organization, or a State with which the fisheries cooperation in engaged for conducting observation tasks. (14) Refusing, evading, or obstructing any inspection as referred to in Article 11, paragraph 2; Article 12, paragraph 2; Article 16; Article 17, paragraph 1; or Article 25, paragraph 1; or any audit conducted pursuant to the regulations prescribed in accordance with Article 25, paragraph 4. (15) Falsifying, altering, destroying, or concealing any evidence related to a violation of the Act. (16) Providing catch certificate documents of a fishing vessel for the use of catch of other fishing vessel(s), or using catch certificate documents of other fishing vessel(s) for selling catch caught by itself. (17) Falsification or alteration of catch certificate documents, using catch certificate documents not issued to the catch concerned, or intentionally using catch certificate documents that are falsified or altered to sell catch or fisheries products. (18) Participating in joint fishing with, transshipping with, or supplying any fishing vessel listed on IUU fishing vessel lists of international fisheries organizations or any stateless vessel. (19) Trading (purchasing, selling, marketing, etc.) or processing catch or fisheries products with the knowledge that such catch or fisheries products originate from any of the following circumstances: i. Any circumstances as stipulated in subparagraph (1) to the preceding subparagraph of this Article; or ii. Catch is caught by any fishing vessel listed in IUU fishing vessel lists of international fisheries organizations The prohibited fishing seasons and areas as referred to in subparagraph (8), the prohibited fishing gears as referred to in subparagraph (9), the prohibited species as referred to in subparagraph (11), and the IUU fishing vessel lists as referred to in subparagraph (18) and item ii of subparagraph (19) of the preceding paragraph shall be announced by the competent authority.