vessels employing foreign crew members under overseas contracts, labor
conditions are regulated by the Act for Distant Water Fisheries and its
related regulations. Specifically, Article 35 of the Regulations on the
Authorization and Management of Overseas Employment of Foreign Crew
Members grants authority for inspections related to cross-border human
trafficking and fisheries labor rights. 70 Operators and captains are
obligated to comply with such inspections. The Fisheries Agency has
established the “Standard Operating Procedures for Labor Rights
Inspections in Distant Water Fisheries” to guide inspections. These
standards cover intermediaries, operators, and distant water fishing vessels.
The agency has also hired specialized inspection personnel to conduct
labor inspections on distant water fishing vessels.
(1) Visits and inspections
The Road to Migrant Fishers’ Rights special report highlighted
criticisms of distant water fishing vessel inspections conducted by the
Article 35 of the Regulations on the Authorization and Management of Overseas
Employment of Foreign Crew Members:
“Any fishing vessel with any employed foreign crew member shall accept the inspection(s) on
matters as referred to in Article 32, paragraph 3 and regarding the labor rights in fisheries
conducted by the personnel designated or commissioned by the competent authority, the
municipal and county (city) governments when entering any port of the Republic of China. In
case that a fishing vessel with employed foreign crew member(s) is abroad, it shall accept
inspection(s) conducted by the personnel designated or commissioned by the competent
authority, and shall not evade, obstruct, or refuse.
The captain and crew member(s) being inspected as referred to in the preceding paragraph shall
comply with the following provisions:
(1) To facilitate the authorized inspector in prompt and safe embarkation for onboard inspection
or inspection of onshore accommodation of foreign crew members.
(2) To cooperate with the inspection and questioning of the inspector, including providing the
crew list, the travel identity document(s) of the crew member(s), the crew identification(s), and
all related documents.
(3) Shall not attack, resist, threaten, interfere with, inappropriately obstruct or delay the
inspector in carrying out his/her inspection duties.
(4) To provide the space and equipment necessary for the inspector to carry out his/her tasks
onboard.
(5) To facilitate the inspector’s safe disembarkation.”
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