Act for Distant Water Fisheries
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 9
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.
Article 13
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.