(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

Article 5

Article 6

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.

In addition to the punishment imposed pursuant to Article 64, and Article 65, subparagraph (1) to (3), (6) to (8), the catches caught or transshipped or the fishing gears involved may also be confiscated, regardless of the ownership. In case the whole or part of such catches or fishing gears cannot be confiscated, the value of such catches or fishing gears shall be collected.