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I.
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These rules (referred to as the Rules hereafter) are established to specify the security inspections
enforced by Coast Guard Authority as per Articles 4 and 5 of the Coast Guard Act (referred to as CGA hereafter) and Article 4 of National Security Act (referred to as NSA hereafter).
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II.
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For the purpose of the Rules, the terms used in the Rules are defined as follows:
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(1)
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Fishing port: this refers to the fishing ports specified in Paragraph 1, Article 3 of the Fishing Port Act and berthing places for which an inspection office is established.
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(2)
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Yacht port: it refers to a port for yacht berthing appointed by the competent authorities of all levels.
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(3)
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Ship: it refers to the ships defined in Article 3 of the Law of Ships or any vessels that are used for transportation over water as approved by a competent authority.
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(4)
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Other water transportation vessel: it refers to any water transportation vessels other than a ship.
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(5)
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Crew: it refers to the people that are carried or transported by a ship or other water transportation vessel.
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(6)
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Object: it refers to the cargo carried by a ship or other water transportation vessel, items for use on board, personal belongings of ship/vessel crew, and luggage or items hand-carried or checked in by crews or people on board.
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(7)
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Visual navigation: it refers to the way that a ship or other water transportation vessel sails by an inspection zone at such a slow speed that allows the security inspectors to make clear visual contact to see the ship or vessel enter or exit a port. Visual check: means adopted to check the vessels when steadily sailing by inspection zone.
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III.
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The inspection on the ships or other water transportation vessels that access any of the fishing or yacht ports in Taiwan and the crews and objects carried on board shall be carried out by the Coast Guard Authority according to the Rules, unless otherwise specified legally.
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IV.
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The security inspections on ships or other water transportation vessels that access fishing and yacht ports and the crews and objects carried on board shall be carried out by respective inspection offices under the planning and supervision of the Coast Guard Authority that has the jurisdiction.
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V.
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In addition to the security inspections that are legally required on ships or other water transportation vessels that access fishing and yacht ports, the security inspectors shall identify possibility of violation of law based on ship identification class, latest intelligence and potential signs.
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The visual navigation is the rule of thumb in case that the security inspectors identify no concern of fault play. In case of suspension of fault plays, the inspector may initiate security inspection by boarding the vessel and checking the cabins, supervising unloading and/or sweeping cabins.
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The Notes for Enforcement of Security Inspections by Coast Guard Authority
shall apply for the extent, priorities, precautions and implementation guidelines
for inspections.
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In addition to the security inspections conducted in accordance with relevant laws and regulations, the security inspector shall identify the reasonable suspicion/indicators that the subject(s) is engaging in criminal activity based upon the Vessel Evaluation, latest intelligence and observation.
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The security inspector shall conduct routine visual check. When the security inspector believe there is reasonable suspicion that the subject is engaging in criminal activity, the security inspector may initiate the boarding inspection, monitor the process of unloading or require the subject to empty the fish hold or the oil tank for extended inspection.
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VI.
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The convener of patrol area shall ask the coast patrol corps under his jurisdiction to hold assessment meetings every quarter by assembling the commanders and deputy commanders of coast patrol corps, staff directors, squadron leaders in charge of reconnaissance brigade, directors of section in charge in flotillas, and chiefs of inspection office, and perform assessment categorization on the ships and other water transportation vessels in his jurisdiction.
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The convener of patrol area shall host the assessment meetings with the coast patrol corps in charge of secretary works.
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The assessment shall be carried out based on the type of ship or other water transportation vessel, type of fishery, fishing gear, criminal records, crew employment, historic records of port access and other potential risks of fault play, and categorized as follows:
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(1)
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Class A subjects: those who have no obvious sign of fault play or records of being prosecuted in criminal case or administrational punishment due to violation of laws or regulations in relation to smuggling, human trafficking, national security, fishery resource maintenance, marine environmental protection and conservation (referred to as the violation record hereafter).
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(2)
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Class B subjects: those who have no violation record but have one or more of the following as indicated in intelligence or found in security inspection in the last three year:
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Any sign of alteration or modification in the hull, engine or any part of the fishing boat (raft);
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Any sign that the ship or vessel is carrying fishing gears that do not meet the fishing permit or equipment that can be used for harvesting aquatic plants and/or animals and the suspicion of using them;
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Incomplete employment procedures on some of the crewmembers hired on a regular basis;
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Insufficient staffing of officers and crewmembers with the nationality of Taiwan on a regular basis; or
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Other signs that lead to suspicion of smuggling, human trafficking, violation of national security, fishery resource maintenance, marine environmental protection and conservation.
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(3)
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Class C subjects: those who have violation records in the last three years.
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(4)
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Class D subjects:
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Fishing boats engaged in entertainment fishery business;
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Vessels that access/enter or depart ports with Chinese crewmembers on board;
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Fishing vessels that harvest corals as a side job;
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Fishing vessels that may sail to Mainland China as permitted by the Regulation for Permits and Management Taiwanese Fishing Vessels Sailing to Mainland China ;
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Fishing vessels that sail to foreign fishing bases as permitted by the Regulations on the Management of Fishing Vessels and Crews in Foreign Fishing Bases;
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Fishing vessels on which private armed security crews are hired as permitted by the Regulations on the Employment of Private Armed Security Guards by Fishermen;
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Ships or other water transportation vessels for which inspections are specified by other laws or regulations.
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The Coast Guard authorities of all levels shall supervise the implementation of the assessment system on a random basis and review the assessments as appropriate.
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VII.
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The following shall be examined:
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(1)
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Examination of crew against or identification papers:
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License(s) and/or permit(s) legally required for crews and vessels;
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Identification papers of non-crew passengers and the document of proof issued by the competent authority in charge of the specific business; and
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Legal license(s) and/or permit(s) of foreign crews (such as foreign fisherman certificate, passport, recruiting permit or foreign resident certificate).
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(2)
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Examination of objects
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(3)
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Other examinations as legally required, commissioned and/or requested.
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VIII.
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Enforcement guidelines:
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(1)
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The inspection shall be focused on the examination of crews against identification papers for ships or other water transportation vessels exiting a port.
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(2)
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The inspection shall be focused on the examination of identification of crews and cargo on board of ships or other water transportation vessels entering a port. The inspection shall be focused on unloading in case that the fishery catch in board is too much to facilitate a thorough inspection. Samples of fishery catch may be taken during the unloading, and cabin sweep is carried out as necessary.
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(3)
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In case that a fisherman dock his vessel in the port and requests for registration of his vessel and crews, the security inspector shall help him with the registration work with the information provided.
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The security inspector shall assist a fisherman when he or she actively requests to do the registration and clearance work.
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IX.
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In case of suspicion of fault play during an inspection on a ship or other water transportation vessel, appropriate actions shall be taken, including propaganda, advice and restraining. If a behavior constitutes a violation, it shall be prosecuted and submitted to the competent authority with the evidence collected.
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X.
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In any of the following emergency situations that a foreign ship or other water transportation vessel requests access to a port, the inspection office shall handle the request first and then report to the coast patrol corps of jurisdiction which will inform the relevant department in charge for subsequent handling.
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(1)
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A vessel has lost the ability to sail and is unable to repair on open water;
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(2)
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A crewmember on board of a vessel has a potentially life-threatening sickness;
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(3)
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There is a safety concern due to typhoon or other major disaster or dangerous sea states; or
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(4)
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A request to access a port due to other irresistible factor or emergencies.
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XI.
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When a government agency, school, group or citizen has the need to access to a port due to official business, academic research or practical training, prospecting, engineering, sea trials, testing of new fishing gear, fishing technique or instrument, memorial service or other justifiable reasons, the document of proof issued by the competent authority in charge of the specific business shall be presented at the inspection office at the port of access for inspection. Upon receiving such a request for inspection, the coastal patrol office in charge shall perform examination of the paperwork. The inspection office in charge shall enter the information in the security inspection information system on the receipt of the letter of approval.
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Coastal Patrol Directorate General, Coast Guard Administration, Executive Yuan will establish the inspection request procedures for enforcement.
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XII.
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The inspection on fishing vessels with Chinese crewmembers on board for access to a port, the Regulations for the Permit and Management of Offshore Employment, Transportation and Accommodation of Fishing Crews from Mainland China by Ship Owners in Taiwan.
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XIII.
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The security inspector shall express explicitly to the owner or captain of a yacht that a port departure report shall be filled out and submitted to the inspection office at the port of departure as per Item 2, Article 70 of the Law of Ships. Refer to the report forms and procedures for departure of yachts in compliance with the Coast Guard Authority for receiving the reporting and procedures of yachts departing ports.
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The security inspector shall inform the owner or master of a yacht that he or she shall fill in the Departure Report and submit it to the local inspection office. The method and procedure of reporting shall refer to “The Form & Procedure of Departure of Reporting to the Coast Guard Agency: owner or master of a yacht.”
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XIV.
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For the need to escalate the level and actions of quarantine or inspection in order to prevent invasion of major epidemic diseases or capture criminals involving shooting case, financial scandal or other major criminal cases, the reasons, methods, subjects, extents and duration of the escalation shall be stated in special projects and submitted to the immediate superior agency (institute) for approval of enforcement.
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The Project shall be based upon the reasons of raising the levels of inspection, methods, targets, realm and duration, and submitted to the higher level authority (institute) for approval when the security officer thinks that it is necessary to raise the level and the extent of inspection due to prevention of major epidemic diseases, investigation of fugitives and other major crimes.
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The agency (institute) that approves the project mentioned above shall review the implementation and performance in a week after the end of project, and submit the result report up to Coast Guard Administration for approval.
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The higher level authority (institute) that has approved the project shall review the implementation and performance in a week after finishing the project, and submit the result to the Coast Guard Administration.
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Rules for Security Inspections of Fishing Ports and Yachts in Taiwan Enforced by Coast Guard Authority（海岸巡防機關執行臺灣地區漁港及遊艇港安全檢查作業規定）（pdf檔）
