Taiwan: Law on Shark Finning

Directions on the Disposal of the Fins of the Shark Catches of Fishing Vessels

Note: The following provides an update on our previous post
20. Oct 2011 Taiwan to ban Shark Finning from next year.

 

Promulgated on 19 January 2012 by Council of Agriculture,
Executive Yuan under Order No. Nung-sou-yu 1011330088 and become effective on the date of promulgation.

1. For the purpose of conservation and sustainable utilization of shark resources, the fins of sharks shall be disposed in such a way that the fins are not fully cut off and be naturally attached to the carcass of shark (hereinafter referred to as “fins naturally attached”), and these Regulations are hereby established pursuant to Article 54(5) of Fisheries Act (hereinafter referred to as “this Act”).

2. Fishing vessels employing ice chilling method to preserve their catches of shark, the shark they have caught and retained shall be disposed in such a way that fins are naturally attached.

3. Fishing vessels over 100 tons employing freezing method to preserve their catches of shark, the shark they have caught and retained shall be disposed in accordance with the following requirements:

  • (1) Before June 30, 2012, the ratio between the weight of the fins and the weight of the carcass (hereinafter referred to as “Ratio of Fins”) shall not be over 5%.
  • (2) From July 1 to December 31, 2012, the fins shall be tied to the carcass (hereinafter referred to as “tying of fins”).
  • (3) After January 1, 2013, the fins shall be naturally attached.

4. Fishing vessels under 100 tons which employ freezing method to preserve their catches of shark, the shark they have caught and retained shall be disposed in accordance with the following requirements:

  • (1) Before December 31, 2012, the ratio of fins shall not be over 5%.
  • (2) From January 1 to June 30, 2013, the fins shall be tied to the carcass.
  • (3) As from July 1, 2013, the fins shall be naturally attached.

5. Fishing vessel shall accept boarding and inspection exercised by the personnel from the competent authority of center, municipality, county, township or the Coast Guard Administration, and shall not evade, obstruct or refuse so without due reason.

6. For any of the following violations, pursuant to Article 65(7) of the Act, the fishery operator and the captain of the fishing vessel shall be liable to a fine of not less than NT dollars 30 thousand but not more than NT Dollars 150 thousand ( Note: 30.000 NT Dollar = 1016 US Dollar , 150.000 NT Dollar = 5078 US Dollar ) :

  • (1) Failure to comply with Article 2 from April 1, 2012 to June 30, 2013, where the fins are fully cut off, but having the ratio of fins not over 5%.
  • (2) Failure to comply with Article 3(2) or Article 4(2), where the fins are fully cut off and not tying to the carcass, but having the ratio of fins not over 5%.
  • (3) Failure to comply with Article 3(3) from January 1, 2013 to June 30, 2013 where the fins are fully cut off, but having the ratio of fins not over 5%.

7. For any of the following violations, pursuant to Article 10 of the Act, the fishery license of the fishery operator and the professional Fishing Vessel Officer Certificate or Fishing Vessel Crew Identification of the captain shall be subject to suspension for not more than one year; and in case of serious violations, the fishery license and the professional Fishing Vessel Officer Certificate or Fishing Vessel Crew Identification will be subject to revocation:

  • (1) Failure to comply with Article 2 before June 30, 2013 where the fins are fully cut off, but having the ratio of fins over 5%.
  • (2) Failure to comply with Article 3(1) or Article 4(1) where the fins are fully cut off but having the ratio of fins over 5%.
  • (3) Failure to comply with Article 3(2) or Article 4(2) where the fins are fully cut off and not tying to the carcass, but having the ratio of fins over 5%.
  • (4) Failure to comply with Article 3(3) from January 1 to June 30, 2013 where the fins are fully cut off, but having the ratio of fins over 5%.
  • (5) Failure to comply with Article 2, Article 3(3) or Article 4(3) as from July 1, 2013.

8. These regulations shall not apply to the disposal of sharks caught by fishing vessels within the area of competence of international fisheries organizations and unloaded at foreign ports.

 More Information published by the Taiwanese Fisheries Agency:
Explanatory Note of Taiwan’s Measures on “Shark’s Fins naturally attached”

 

 

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