penalty results related to fishing violations. 75 However, labor inspections
do not fall within this legal framework. Lin Ding-rong noted that the
potential misuse of disclosed information must be carefully considered
before deciding on transparency measures. The agency needs to evaluate
whether the disclosure of such information could be improperly utilized.
“If we focus on providing an overall summary or periodic updates of
inspection outcomes, I believe that is the right direction and
something feasible to implement. However, we must also consider
whether the disclosed information might be misused. The extent of
disclosure needs careful deliberation, especially since current legal
frameworks do not yet permit full transparency. While striving for
transparency, we must also ensure compliance with laws regarding
protecting personal information.”76
(4) Port State Control for Flag of Convenience (FOC) vessels
A joint inspection mechanism exists for foreign-flagged fishing vessels
entering Taiwan's ports. The Fisheries Agency has initiated joint
inspections in collaboration with relevant authorities, including the
Ministry of the Interior, the National Immigration Agency, the Coast Guard
Administration, and the Ministry of Transportation and Communications
before ILO-C188 is fully incorporated into domestic law. This interim
measure facilitates Port State control (PSC) actions through inter-agency
cooperation. The joint inspection process covers various items, including
customs, immigration, quarantine, and security (CIQS), navigational safety,
Article 45 of the Act for Distant Water Fisheries:
“The competent authority may announce names, ID numbers, addresses of persons or
companies, and Chinese/English names and CT numbers of vessels that are being punished
pursuant to Article 35, paragraphs 3 and 4, and Articles 36 to 41, and violations being
committed.”
76
NHRC (March 16, 2023). “Interview Record with Fisheries Division Chief Lin Ding-rong.”
75
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