Article 1  

These Regulations are established in accordance with Articles 7

and Article 8, Paragraph 3 of the Fisheries Act.

Article 2  

These Regulations apply to the building, modification, chartering

and importation of fishing vessels and issuing of permits and

licenses for conducting different types of fishery, provided that

rules as stipulated in the Regulations for the Administration of

Recreational Fishery and the Regulations for the Registration of

Fishing Rights, shall respectively applied.

Article 3  

For the purposes of these Regulations, the definitions of the

following terms are:

1. Fishing license means the fishing license or fishery

certificate.

2. Fishery type means the main fishery registered on the license,

excluding the part-time fishery.

3. Loss of a fishing vessel means a fishing vessel that has been

scrapped, sunk, stranded, damaged and missing. If a fishing

vessel in violation against foreign laws or regulations has been

detained or confiscated by foreign government, and having its

registration on shipping registry cancelled, it shall be regarded

as loss.

4. Replacement qualification means the one of the following

qualification:

(1) The qualification of the right to build a vessel of the same

tonnage to continue operating the same fishery type granted to

the fishery operator after losing of the original fishing vessel

and submission and cancellation of the fishing license; or

(2) The qualification of the right authorized by the competent

authority of the Central Government to build and export a tuna

purse seine fishing vessel granted to the fishery operator to

continue operating the fishery to replace a tuna purse seine

fishing vessel in the vessel list of Regional Fisheries

Management Organization with the same level of length overall.

(3) The qualification of the right to continue operating the same

fishery type granted to the fishery operator in Matzu and Kinmen

area under the condition that the original fishing vessel was

authorized by the competent authority of the Central Government

before June 30, 2006, to transform as cargo vessel.
5. Tonnage replacement means the tonnage granted to the fishery

operator for the replacement qualification.
6. Tonnage of fishing vessel means the gross tonnage measured

according to the Regulations for Shipping Measurement as

promulgated by the navigation authority. As if a vessel was

measured before the amendment of the Regulations on 16 July 1982

as promulgated on 16 July 1982 by the Ministry of Transportation

and Communication under Order No. Chiao-hang (71) 1584, the

tonnage shall be added by 30% of the measurement.
7. Length overall means the maximum horizontal distance from the

point of bow to point of stern.

Article 4  

Those which conform to any one of the following provisions may

apply for fishing license:

1. A fishery operator who has been granted with the replacement

qualification to build a new fishing vessel for the operation of

fishery.

2. A fishery operator who has been authorized to operate a newly

built fish transport vessel over 2000 gross tonnage.

3. A fishery operator who has been granted to operate a fishing

vessel which has been authorized to be imported by the competent

authority of the Central Government.

4. A fishery operator who accepts or charters a fishing vessel

from another party for the operation of fishery.

5. A fishery operator who has been permitted to operate fishery

by changing the fishery type of the existing fishing vessel.

6. Any fishing vessel which has been authorized to engage in

fishery training, exploratory fishery, and patrolling.

7. A fishery operator who has been granted with the building

replacement qualification, in accordance with these Regulations,

does not apply for the building of a new vessel, while acquires a

fishing vessel whose fishing license has been revoked by the

competent authority of the Central Government for the operation

of fishery.

The fishery operator, as referred to in sub-paragraph 7 of the

preceding paragraph, shall not be the one who has originally been

imposed of the revocation of fishing license by the competent

authority of the Central Government and the fishing vessel he

acquired has not involved in the following incidents based on

which its fishing license has been revoked by the competent

authority of the Central Government:

(1) The fishing vessel has engaged in the trafficking of firearms

or drugs, man trafficking or illegal high seas driftnet fishing.

(2) The vessel has committed a violation in its fishing

activities, and has been listed as illegal, unreported and

unregulated (IUU) vessels by International Fisheries

Organizations.

Article 5  

Application for the renewal of the fishing license shall be made

three months before its expiration, with the exception of one of

the following circumstances:

1. Those who have applied to the competent authority and duly

approved in advance for a postponement of the renewal of the

license, may apply for renewal before the date as approved by the

competent authority.

2. Those who have been approved for temporary fishery recess by

the competent authority, may apply for renewal of license before

resuming the fishery upon completion of the recess.

Failure to apply for renewal of fishing license after the

expiration will be subject to punishment by the competent

authority according to the Fisheries Act.

Article 6  

A fishery operator who has accepted a fishing vessel from another

party shall apply for fishing license within one month after the

completion of the change of ownership by the navigation

authority.

Article 7  

In case there is any change on the contents recorded on the

fishing license, application for the registration of the change

shall be made within one month in respect of the change with

attachment of evidentiary documents.

In case of the change of the fishery operator, vessel name or

fishery type, application for re-issuing of license shall be

made.

Article 8  

After a fishing vessel has been lost, the fishery operator shall

apply for the cancellation of the fishing license by attaching

the evidentiary documents, the certificate for the cancellation

of shipping registration issued by the navigation authority and

the original fishing license.

The competent authority shall cancel the fishing license in case

of the forfeiture, confiscation or export of the fishing vessel.
 

Article 9  

A fishery operator who does not intend to build a new vessel

after he has been granted with the replacement qualification, may

apply for the change of fishery type of an existing fishing

vessel to the fishery type of the replacement qualification

granted.

The existing fishing vessel that has changed its fishery type by

using the replacement qualification as referred to in the

preceding paragraph may maintain its replacement qualification of

the original fishery type.

Article 10  

Under any of the following circumstances, application for the

change of the fishery type may be made:

1. Fishing vessel of coral fishery, shellfish fishery, fishery

using submarine device that change to operate a fishery other

than trawl fishery.

2. Vessel of bull trawl fishery change to operate otter trawl

fishery.

Article 11  

Where the change of fishery type has been approved, application

for the change of fishery shall not be made within two years.

No change of fishery type is allowed for an imported fishing

vessel. Provided that the fishing vessel was imported in

accordance with Article 27, paragraph 1, subparagraph 3 of these

Regulations, the provisions of the preceding two articles shall

apply.

Article 12  

The provisions for the interchange or part-time operation of the

fishing vessels for directed fisheries, recreational fishery and

fishing rights fishery are as the followings:

1. A fishing vessel for directed fishery, except mackerel purse

seine fishing vessels and fish transport vessels, may apply for

changing of its operation to full time or part-time fishery other

than fishing rights fishery.

2. No fishing vessel for recreational fishery may apply for

changing of its operation to full time or part-time fishery of

other fishery type. Notwithstanding this provision, vessels over

three years of age may apply for changing of its operation to

directed fishery with prior approval from the competent

authority.

3. A fishing vessels for fishing rights fishery may apply for the

change of its operation, but may not operate part-time fishery of

a directed fishery.

Where a vessel for recreational fishery applies for the change of

operation to directed fishery, the types of fishery are limited

to pole and line boote fishery, troll line fishery, longline

fishery, spear fishery, and any other fishery as approved by the

competent authority of the Central Government.

Where a vessel for fishing right fishery applies for the change

of operation to directed fishery, it may not apply for change of

operation to coral fishery, shellfish fishery, fishery using

submarine device, or other fisheries promulgated as restricted

fishery by the competent authority of the Central Government.

Article 13  

A fishing vessel for directed fishery, full time recreational

fishery and fishing rights fishery is inter-replaceable in

rebuilding.

When a fishing vessel for the full time recreational fishery and

fishing rights fishery is replaced by that for the directed

fishery, no operation of coral fishery, shellfish fishery,

fishery using submarine device, trawl fishery, or any other type

of fishery promulgated as restricted fishery by the competent

authority of the Central Government is allowed.

Article 14

When a fishing operator applies for building of a new fishing

vessel with the replacement qualification of more than one

fishing vessel with the same type of fishery, and the total

replacement tonnage for the rebuilding is smaller than tonnage of

the new one, the shortfall shall be complemented, except that it

is less than one ton.

Where the replacement tonnage is more than the tonnage of the

newly built vessel by more than one ton, the surplus tonnage may

be reserved for one year from the date of approval. The reserved

tonnage shall be used for the same fishery of the newly built

vessel and the reserved replacement tonnage shall only be used to

complement the shortfall of the replacement tonnage of another

fishing vessel, but not for use in the building of a new vessel.

Where the replacement tonnage as referred in paragraph 1 above is

complemented by the reserved tonnage as referred to in paragraph

2 above, or complemented by the tonnage from the fishery type

other than mackerel purse seine fishing vessels and fish

transport vessels, the complemented tonnage shall not exceed 5%

of the tonnage of the newly built fishing vessel. In case of a

newly built squid jigging vessel whose replacement tonnage is

complemented by a longline vessel or a trawler, the complementary

replacement tonnage shall not exceed 49% of the tonnage of the

newly built fishing vessel.

Where a fishing operator applies for the change of the existing

fishery type of the fishing vessel in accordance with Article 9

paragraph 1, and the replacement tonnage is less or more than

that of the existing fishing vessel, the provisions as stipulated

in paragraphs 1 in the preceding paragraph above shall mutatis

mutandis be applied.

When a fishery operator builds a carrier vessel or a mackerel

purse seine fishing vessel, the tonnage of the vessel shall not

be less than that of the original fishing vessel. The replacement

tonnage shall not be used for the rebuilding of a fishing vessel

of another fishery type or complementing any tonnage shortfall in

rebuilding, and any reservation of replacement tonnage shall not

be permitted.

When a fishery operator applies for importation of a fishing

vessel with new fishing method, the provisions of paragraphs 1 to

3, Article 15 and Article 16 shall apply mutatis mutandis to the

replacement qualification and tonnage replacement. However, in

case similar type of fishing vessels and full time recreational

fishing vessels are not available domestically, the required

tonnage replacement for the imported fishing vessel shall be of

the fishery type other than mackerel purse seine fishing vessels

and carrier vessels.

For longline or tuna purse seine fishing vessels of over 20 GRT

with an age of more than 25 years, the replacement tonnage shall

be 74% of the tonnage of the original fishing vessel.

Where a fishery operator acquires a fishing vessel in accordance

with Article 4 paragraph 7, the provisions in Paragraphs 1 to 3

above and Articles 15 and 16 for complementing replacement

tonnage shall be mutatis mutandis applied.

Article 15  

Where a fishery operator builds a fishing vessel or applies for

changing of its operation to other type of fisheries by

replacement qualification pursuant to Article 9, Paragraph 1, the

following provisions shall apply:

1. Fishing vessel that length overall is equal to or more than 24

meters, shall acquire tonnage replacement from at least one

vessel of the same fishery type with the length overall equal to

or more than 24 meters and with gross tonnage no less than 100

tons. For those building new fishing vessel, the gross tonnage of

newly built vessel shall be no less than 100 tons.

2. Fishing vessel that length overall is equal to or more than 15

meters but less than 24 meters, shall acquire tonnage replacement

from at least one vessel of the same fishery type with length

overall equal or more than 15 meters but less than 24 meters and

with gross tonnage no less than 20 tons, or from vessel of the

same fishery type with length overall no less than 24 meters and

with gross tonnage less than 100 tons. For those building new

fishing vessel, the gross tonnage of newly built vessel shall be

no less than 20 tons and no more than 100 tons.

3. Fishing vessel that length overall is less than 15 meters,

shall acquire tonnage replacement from at least one vessel of the

same fishery type with length overall less than 15 meters, or

from vessel of the same fishery type with the length overall no

less than 15 meters and with gross tonnage less than 20 tons. For

those building new fishing vessel, the gross tonnage of newly

built vessel shall be no more than 20 tons.

Where a fishery operator acquiring replacement qualification from

one vessel with the same level of length overall and gross

tonnage to build a fishing vessel or apply for changing of its

operation to other type of fisheries pursuant to the preceding

Paragraph, in case of the tonnage of replacement qualification is

less than 95% as required, the tonnage replacement shall be

complemented by the replacement qualification or surplus tonnage

replacement of the same fishery type and the same level of length

overall and gross tonnage pursuant to the provisions of preceding

Paragraph.

Fishing vessels with gross tonnage less than 5 tons may only be

used for the replacement of fishing vessel less than 5 tons, but

not for the replacement or complementary tonnage of fishing

vessel equal to or more than 5 tons.

Article 15-1  

Where a fishery operator acquires replacement qualification of

fishing vessel with length overall equal to or more than 15

meters and with gross tonnage less than 20 tons, and applies for

building vessel before March 22, 2008, the fishing vessel may be

built for the same fishery type, with length overall equal to or

more than 15 meters but less than 20 meters, and with gross

tonnage less than 20 tons.

Article 15-2  

When a fishery operator builds a tuna purse seine vessel for

operation in the Western and Central Pacific Ocean, the size

level of fishing vessel is classified as the following:

1. Size level 1: length overall over 80 meters, with gross

tonnage over 2,000 tons.

2. Size level 2: length overall over 50 meters, but not exceeding

80 meters, with gross tonnage over 700 tons, but not exceeding

2,000 tons.

3. Size level 3: length overall under 50 meters, with gross

tonnage over 200 tons, but not exceeding 700 tons.

4. Size level 4: length overall under 50 meters, with gross

tonnage under 200 tons.

When building a fishing vessel of one of the levels classified in

the preceding Paragraph, the fishery operator shall acquire

replacement qualification of a tuna purse seine vessel of the

same level. In case of the replacement tonnage is less than the

tonnage of the newly built vessel, the rules for complementing

and reserving the remaining replacement tonnage provided in

Paragraphs 1 to 3 and Paragraph 8 of Article 14 and Paragraph 2

of Article 15 shall not apply.

A tuna purse seine vessel shall be replaced by a single vessel,

and division of replacement tonnage into several vessels is not

permitted. A tuna purse seine vessel of a smaller size level may

not be combined for the replacement building of a tuna purse

seine vessel of a larger size level.

Tuna purse seine vessel that is built pursuant Paragraph 1, the

tonnage replacement shall be as the same with the original

fishing vessel, and the overall fish well volume to be built

shall not exceed the overall fish well volume of the fishing

vessel to be replaced.

Article 15-3  

The gross registered tonnage of a newly built squid jigging

vessel shall not exceed 1,500 tons.

Article 16  

Beginning from July 1st, 2007, longline fishing vessel, operating

in the jurisdiction of relevant Regional Fisheries Management

Organizations in the Pacific Ocean, Atlantic Ocean and Indian

Ocean, may not be replaced by fishing vessel within the vessel

list of other Regional Fisheries Management Organization.

Article 17  

Where modification of a fishing vessel has been approved and its

tonnage has increased, the tonnage in excess shall be

complemented by tonnage replacement and the provisions as

stipulated in Article 14 and Article 15 shall mutatis mutandis be

applied, except when the excess is less than one ton.

After a fishing vessel with gross tonnage no more than 100 tons

has been modified, its gross tonnage shall not exceed 100 tons.

Article 18  

Application for reservation of replacement qualification shall

accompany by the following documents:

1. The original fishing license.

2. The document certifying cancellation of shipping registration

for the fishing vessel to be replaced.

3. The document certifying loss of the fishing vessel, or

documents certifying the adhocery approval for the exportation of

tuna purse seine fishing vessel.

4. The document certifying cancellation of fuel quota handbook

5. For fishing vessels in Matzu and Kinmen area transformed as

cargo vessel pursuant to Paragraph 4 of Article 3, relevant

certificates issued by navigation authority is needed.

6. Any such other documents or information as specified.

A fishery operator whose fishing license has been cancelled

pursuant to Article 8, paragraph 1, is not required to submit the

documents as referred to in subparagraphs 1 to 3 of the preceding

Paragraph in his application.

Article 19 

Replacement qualification is valid for 3 years from the date of

loss of the fishing vessel.

In case that a fishing vessel is detained by a foreign

government, and the competent authority has completed the

punishment imposed upon the vessel or has decided remission of

the punishment, or it has not received any court decision after

being detained for two years, the replacement qualification shall

be valid for 3 years from the date that the vessel owner

completes the formality of cancellation of the shipping

registration from navigation authority.

The replacement qualification permitted to be reserved in

accordance with Article 9, paragraph 2 shall be valid for 3 years

from the date of approval.

Article 20  

In the event of any one of the following circumstances, no

application of for reservation of replacement qualification shall

be allowed:

1. The fishing vessel has not lost.

2. Any one of the circumstances as referred to in the

subparagraphs of Article 7 bis of the Fisheries Act, where

application of fishing license has been refused.

3. At the time of the application for scrapping of the fishing

vessel, the validity of the fishing license or the approved

fishery recess duration has been expired.

4. Any fishing vessel of new fishing method imported which has

not obtained the replacement qualification after the promulgation

of vessel building restriction by the competent authority of the

Central Government on 17 November 1989.

5. Where a fishing vessel has gone stranded and its owner has not

disposed of it properly, causing risks in maritime navigation, or

pollution of marine environment.

6. Where the fishing vessel is detained, forfeited, or

confiscated by a foreign government and its owner has not

disposed of the crew repatriation related matters properly.

7. Where the fishing vessel has experienced accident abroad and

its owner has unpaid expenses for disposition that is made

advance by the relevant government organization.

Article 21  

Replacement of new vessel may be applied where an existing

fishing vessel is scheduled to be scrapped. Provided that the old

fishing vessel shall be scrapped and its original fishing license

cancelled before the application for the issuing of the fishing

license of the new vessel can be made.

Article 22 

Main fishery such as trawl fishery, longline fishery, squid

jigging fishery, tuna purse seine fishery and mackerel purse

seine fishery shall not be registered as part-time fishery. Where

such fishery has been approved as part-time fishery, at the time

of application for re-issuing or renewal of his fishing license,

the fishery operator may apply for changing it to a main fishery.

If no application has been made, such part-time fishery of the

fishing vessel shall be subject to cancellation by the competent

authority.

Article 23  

No new fishing license shall be issued to a fishing vessel

operating coral fishery, shellfish fishery, and fishery using

submarine device, with the exception of renewal of fishing

license upon expiry of the original one.

Fishing vessels that identified by the competent authority of

central government as equipped with coral collecting device

before December 31, 2007, may operate part-time coral fishery as

stipulated by the competent authority of central government from

these Regulations as amended and being effective on May 22, 2008.

In case the fishery operator applies for the reservation of

replacement qualification for the fishery as stipulated in the

Paragraph 1, the fishery operator shall apply for the changing to

other fishery type.

Article 24  

No restriction shall be made on the fishery type of fishing

vessels with gorss tonnage less than 5 tons, except for the

operation of the fishery such as coral fishery, shellfish

fishery, fishery using submarine device and trawl fishery, the

relevant provisions of these Regulations shall apply.

Article 25  

Registration of the main fishery on fishing license shall be

limited to one type and part-time fishery shall be limited to

three types.

Article 26  

Fishing vessel to be built as approved shall complete the

building and apply for fishing license within two years after the

approval. The permit shall be deemed as invalid when being past

due.

Provided that the construction of vessel hull has completed and

the main equipment such as the main and auxiliary engines have

been purchased, application for one-year extension of the

building permit may be made before the expiry of the two-year

validity of the permit.

Article 27 

No fishing vessel shall be imported from foreign countries,

except any one of the following circumstances:

1. A fishing vessel of new fishing method as approved by the

competent authority of the Central Government, and the age of the

vessel has not exceeded 10 years, from the date of launch to the

date of application.

2. A newly built fishing vessel to be used for full time

recreational fishery.

3. Where a fishing vessel has been approved by the competent

authority of the Central Government for engaging in foreign

fishery cooperation and has registered in that country, it has

terminated its fishery cooperation; or where a fishing vessel has

been exported and registered in a foreign country under an

adhocery basis, the fishing vessel intend to resume its original

registration.

4. A fishing vessel which is in consistent with the provisions of

Articles 29

A fishing vessel imported in accordance with subparagraph 1 of

the preceding paragraph shall first obtain the replacement

qualification.

Where a fishing vessel for full time recreational fishery

imported pursuant to paragraph 1, subparagraph 2 above, the

applicant shall first obtain the replacement qualification, and

the application shall be accepted by the government of the

municipality or prefecture/township in whose port the vessel

intends to register, for submission to the competent authority of

the Central Government for final approval.

Article 28

[Deleted]

Article 29  

Where a fishing vessel is built in Taiwan area and exported, from

January 1st, 2003 to March 21, 2007 that these Regulations as

amended and being effective, as foreign flag squid jigging vessel

operated by Taiwan nationals with gross tonnage no less than 100

tons, fishery operator may apply for importation after acquire

the amount of tonnage replacement as required pursuant to the

provisions stipulated in Article 14.

The procedures for document review and authorization for squid

jigging vessels imported pursuant the preceding paragraph is

subject to promulgation of the competent authority of Central

Government.

Article 30  

In case of the loss or mutilation of a fishing license, the

fishery operator shall apply to the original issuing agency for

its reissue or renewal by attaching evidentiary documents.

Article 31  

License fees as shown on the attached table, shall be paid

pursuant to Article 7 of the Fisheries Act for application for

the issuing, renewal or reissuing of fishing license.

Article 32  

Rules for the fishery type for fishing sampans and rafts, their

replacement and modification may be established by the competent

authority of the central or municipal government, and no

operation of coral fishery, shellfish fishery, fishery using

submarine devices and trawl fishery shall be permitted.

Article 33  

These Regulations shall enter into force from the date of

promulgation.