Any person with the nationality of the ROC who engages in fishery overseas by investing in and operating any non-ROC flagged fishing vessel shall not commit any of the following serious infringements: (1) Investment in or operation of any fishing vessel as referred to in Article 4, paragraph 2. (2) Fishing without permission from the flag State concerned. (3) Conducting transshipment at sea or in port, or landing in port without authorization from the flag State concerned. (4) Fishing in waters under the jurisdiction of any coastal State without authorization therefrom. (5) Falsifying, altering, or concealing vessel names, names of registry ports, or international radio call signs. (6) Not installing on board vessel monitoring system (VMS) pursuant to regulations of the flag State concerned, intentionally causing the 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 the catch limit allowed by the flag State concerned.. (8) Fishing in prohibited fishing areas or seasons as established by international fisheries organizations. (9) Using fishing gears as prohibited by international fisheries organizations. (10) Fishing for, retaining, transshipping, landing, or selling species as prohibited by international fisheries organizations. (11) Not submitting or filling in logbooks or catch reports, in violation of regulations of the flag States concerned, or misreporting logbooks or catch reports. (12) Failing to file reports in accordance with Article 5, or filing false reports.

(13) Refusing, evading, or obstructing any observer dispatched by the flag State concerned or any international fisheries organization to conduct observation tasks. (14) Refusing, evading, or obstructing the investigation conducted by the competent authority pursuant to Article 7, paragraph 2, or the inspection conducted by the competent authority pursuant to Article 7, paragraph 3. (15) Concealing, altering, or destroying any evidence related to violation of the Act. (16) Providing catch certificate documents of a fishing vessel for the use 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. 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 (10), and the IUU fishing vessel lists as referred to in subparagraph (18) of the preceding paragraph shall be promulgated by the competent authority.

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.

Any crew member, observer, and inspector shall possess a Fishing Vessel Crew Identification, and for any officer, he/she shall also possess a Certificate of Fishing Vessel Officer.

A captain shall be held accountable for affairs relating to safety and management of a fishing vessel and be in charge of the following duties: (12) To provide observers and inspectors with necessary and adequate assistance for carrying out their duties.

The central competent authority may designate observer(s) to board a fishing vessel for carrying out the following duties: (1) To verify the authenticity of data filled in by the captain of the fishing vessel. (2) To verify whether or not the operation of the fishing vessel has complied with laws and regulations. (3) To collect information and biological samples as instructed. (4) To report the relevant information at the time and in the way as instructed , and in case of emergency, make immediate report. (5) Any other specified matters. Any observer that has carried out the duties as prescribed in the preceding paragraph shall be deemed as having the working experices in the navigation section. Article 32-2 Any fishery operator shall, in addition to providing observer(s), while onboard the fishing 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, instruct the captain and crew members of the fishing vessel matters regarding the necessary cooperation with and assistance for the observer(s) to carry out his/her duties