(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
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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.