MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Article 1

These Rules are enacted in accordance with Article 70 of the
Fisheries Act (hereinafter called the "Act") 

Article 2
The term "processing", "transportation" and "distribution" in
incidental sense referred to in Article 3 of the Act shall denote
operation of fish catch transport vessels or fishery processing
vessels.

Article 3
The term "public waters" referred to in Article 6 of the Act
shall denote rivers, natural lakes, tidal belts and oceans. The
term "non-public waters adjacent to public waters" shall denote
ponds, low-lying ponds, or reservoirs etc. which are adjacent to
public waters.

Article 4
The term "fishing vessel(s)" referred to in the Act shall denote
boats, sampans and fishing rafts on which fisheries are operated,
and fishery patrol boats, fishery research vessels and fishery
training boats.

Article 5
The term "modification" referred to "alteration" in the first
paragraph of Article 8 of the Act shall denote any of the
following circumstances:
1. Alteration of the length, width and depth of a fishing

vessels;

2. Installation of the major and donkey engines, or alter the
model or power output rate of such engines; and/or
3. Alteration of the structure or equipment of a fishing vessel
for different utilizations or purposes of the vessel or of the
type of fishery being operated.

Article 6
An application for building/modification of fishing vessels shall
be accepted by competent authorities accordingly and proceeded as
the following:
1. The applications are accepted in accordance with the tonnage
   of the fishing vessel if the fishing base is located and
   subject to jurisdiction of county/city, thus to competent
   authorities at county/city level if the vessel concerned is
   measured by volume less than 20 tons; or to the competent
   authority of central government should the tonnage exceeds 20
   tons.
2. The applications are accepted in accordance with the tonnage
   of the fishing vessel if the fishing base is located and
   subject to jurisdiction of municipality, thus to competent
   uthorities at municipality if the vessel concerned is measured
   by volume less than 100 tons; or to the competent authority of
   central government should the tonnage exceeds 100 tons.
The applications aforesaid ought to be included with application
form, references and documentation as following:
1. Three copies of technical drawing (including specification of
   hull, central cross-section and line chart) with the building
   manual (not required for sampans, fishing rafts and fishing
   boats with a wooden hull measured less than 10 tons).
2. Other references demanded by the competent authorities of
   central government.
The following information and details are also required as
essential with the submission of the application form aforesaid:
1. Name, ID number and address of the applicant;
2. Name of the fishing vessel;
3. Type of fishery and areas/regions where the vessel sails ;
4. Proposed gross tonnage;
5. Main dimension of the vessel;
6. Building materials of the hull structure;
7. Name and location of the shipyard;
8. Model and specification of major and donkey engine, maximum
   power output, number of cylinders, radius and rate of gyration
   of the cylinders; and
9. The dates in schedule to initial and complete the building,
   and launching of the vessel.

Article 7
The jurisdiction of competent authorities in terms of
certification and approval pertaining to fishery affairs, may be
vary as the follows:
1. Competent authorities at central government
(1) Fishery based on exclusive fishing right.
(2) Set-net activities or sectional fishery which located at
    hence requires fishing rights permitted from multiple
    jurisdictions of more than two municipalities, and
    counties/cities.
(3) Directed and recreational fisheries which are permitted by
    competent authorities other than municipality and
    county/city.
2. Competent authorities of municipality
(1) Set-net activities or sectional fishery which located at
    hence requires fishing rights permitted from the jurisdiction
    of municipality.
(2) Directed and recreational fisheries resorting to fishing
    vessels with gross tonnage of less than 100 tons and the
    bases are located within the territory of municipality.
3. Competent authorities of county/city
(1) Set-net activities or sectional fishery which located at
    hence requires fishing rights permitted from the jurisdiction
    of county/city.
(2) Directed and recreational fisheries resorting to fishing
    vessels with gross tonnage of less than 20 tons and the bases
    are located within the territory of county/city.

Article 8
An application for operating fishery based on fishing right shall
be filed with the competent authority of municipality or
county/city at the location where the fishing ground accordingly.
An application for operating directed and recreational fisheries
shall be filed with the competent authority of municipality or
county/city where the port/place of registration of the vessel is
concerned.

Article 9
Only the following can be the applicants to operate fishery:
1. The capital contributor shall be the applicant in case of a
   sole proprietorship;
2. One of the representatives shall be the applicant in case of a
   partnership;
3. The statutory representative of the legal entity shall be the
   applicant in case of a company or business firm;
4. The statutory representative shall be the applicant in case of
   a public institution or fisheries research institute; or
5. The statutory representative shall be the applicant in case of
   a fishermen association or fishery production cooperative.

Article 10
An application to import a fishing vessel shall be attached with
the following documents thus to be filed with the competent
authority of central government for approval through the
authority of municipality or county/city where the place/port of
registration of the vessel is concerned:
1. Application form;
2. Photocopy of the certificate of nationality issued by the
   exporting country of the fishing vessel;
3. Valid certificate proving the vessel safety inspection has
   been duly passed; and
4. Drawing of fishing vessel layout.

Article 11
(Deleted)

Article 12
Where the administrative disposition of suspending the fishing
license or the Certificate of Fishing Vessel Officer or Fishing
Crew Identification is rendered pursuant to Article 10 of the
Act, the period of the administrative disposition shall commence
in accordance with the following:

1. In the case that the fishing vessel and crew members subject
   to the administrative disposition are in port, the period of
   such disposition shall commence on the date of receipt of the
   notice of such disposition.
2. In the case that the fishing vessel and crew members subject
   to the administrative disposition have left port, the period
   of such disposition shall commence on the date of the fishing
   vessel or crew members return to port.

Article 13
A competent authority may establish fishery advisory committee in
accordance with Article 13 of the Act, therefore to seek advices
from the committee with regard to the following appeals:
1. Overall planning for structural adjustment and management
   system of fishery;
2. Ulterlization of fishing ground;
3. Overall planning of fishery based on fishing right;
4. Priority and dispute resolving over applications of fishery
   based on fishing right;
5. The proceeding in changes and updates of type of fishery and
   fishing areas;
6. The proceeding of approval and revocation and administrative
   prescriptions all pertaining to fishing right;
7. Consideration to Determine the type of directed fishery,
   operating duration, fishing areas, total tonnage of fishing
   vessels, and other relevant matters;
8. Conservation and management of fishery resources.

Article 14
The term "fishing gear" referred to in Article 14 of the Act
shall denote tools directly or indirectly used for catching and
aquaculture purposes.

Article 15
The plan to be drafted in accordance with Article 17 of the Act
shall include the type of fishery, range of fishing ground,
fishing period, anticipated quantity of catch to be approved,
period of public notice, period of application and other relevant
matters.
When deemed as necessary, the competent authority of central or
county/city government may allocate a budget to the relevant
organizations or academic institutions, to be commissioned to
study and in charge of the drafting or adjustment of the overall
plan under the first paragraph of Article 17 of the Act and the
plan under the preceding paragraph.

Article 16
The plan drafted or adjusted by the competent authority of
central or county/city government in accordance with the
preceding article shall be exhibited for 30 days to the public,
which ought to be taken place at the relevant
age/township/city/district and fishermen’s association where the
fishing ground is located.
During the above period of public circulation, interested ones,
or parties concerned may submit their comments to the competent
authority in writing, with name, address and occupation stated
on. After the plan has been duly publicly displayed hence
approved, the competent authority will forward such comments to
the superior authority to be placed on file for future reference.

Article 17
After approving the plan in accordance with the preceding
article, the competent authority of central or county/city
government shall publish a public notice with respect to the
acceptance of applications of fishing right permits at the
village/township/city/district and fishermen’s association where
the fishing ground is located prior to July of each year.
The period of the above public notice shall be lasting more than
30 days.

Article18
An application to operate fishery activities based on fishing
right requires three copies of application form and submission of
the following items:
1. Three copies of fishing ground map (provided with relevancies
   of cardinal points of the fishing ground including information
   of distance, bearing from the land, size of the nets and
   specification of equipment);
2. Three copies of business plan;
3. The partnership contract for the applicant who is under
   partnership or one photocopy of the certificate of
   registration for the applicant who is happened to be a
   company, or three copies of resolutions from
   assembly/meeting of member, to be submitted by fishermen’s
   association or fishery production cooperative.
4. Three copies of letter in proving consent if the zone or
   waters of the fishing ground within which fishery is to be
   operated, owned or occupied by another party.
5. An application of exclusive fishery right shall be accompanied
   by three copies of draft fishing rules and regulations
   specifying the following:
(1) Qualifications of the person who is allowed to seek
    permission for fishing activities in specific waters;
(2) Area and duration of which to conduct fishing activities in
    specific waters;
(3) Fishing methods or techniques used in fishing activities in
    specific waters; and
(4) Other requirements to be met.
The following information and details are also required as
essential with the submission of the application form aforesaid:
1. Name, address, ID number and occupation of the applicant;
2. Type and name of fishery activity to be operated;
3. Location, region, calculation of square in area and range of
   fishing ground (the figure or calculation of square in area is
   not required for set-net fishery);
4. Type and quantity of fishing gear;
5. Target species;
6. Fishing period.

Article 19
The waters to be approved for operating exclusive fishery right
shall be limited to waters subject to the jurisdiction of the
fishery association or fishery production cooperative concerned.

Article 20
In regard to the approved fishing right fishery, the competent
authority may delimit an area of waters to restrict other persons
from operating fishery.

Article 21
The following information and details ought to be stated on
fishing right permit issued by the competent authority:
1. Name, address and ID number of the fishing right holder;
2. Serial number and date of expiration;
3. Type and name of fishery activity to be conducted;
4. Location, region, calculation of square in area and range of
   fishing ground;
5. Target species;
6. Fishing period;
7. Valid period of the fishing right; and
8. Conditions or restrictions on the permit concerned.

Article 22
If operation is to continue upon the expiration of the fishing
right permit, an application for new permit shall be filed within
six months prior to the expiration.
When the above permit becomes null and void, it shall apply to
the fishing right mutatis mutandis.

Article 23
Any one waiving fishing right shall apply to the original issuing
authority for cancellation. If other rights are registered in
relation to said fishing right, a written approval shall be
submitted.

Article 24
A fishing right holder shall, within three months of the
acquisition of a fishing right permit, complete set-up of
markings of datum points on land for surveying the fishing
ground.
After completion of the establishment of a fishing ground for
fishery based on fishing right, an application shall be filed
with the competent authority for inspection and for a map of the
fishing ground.
If with respect to the markings set up under the first paragraph,
new markings need to be set up or re-set up, an application, with
reasons stated, shall be filed with the competent authority
concerned for approval.
Upon the extinguishment of the fishing right, the fishing right
holder shall remove the markings and facilities from the fishing
ground.

Article 25
The competent authority shall publish a public notice with
respect to the approval it has granted for the acquisition,
combination, separation, change and loss of fishing right, and
the revocation of the approval of operation under the first
paragraph of Article 10 and the first paragraph of Article 11 of
the Act.

Article 26
Applicants for the permission under Article 35 of the Act shall
specify the following material facts:
1. Name and address of land owner or user;
2. Location and range;
3. Purposes of use;
4. Period of use;
5. Reasons for denying;
6. Other necessary material facts.

Article 27
The designation of and restrictions on the directed fishery, and
the change thereof, under Articles 36 and 37 of the Law shall be
published in a public notice by the competent authority of
municipality or county/city after being approved by the authority
central government.

Article 28
When applying for permit of directed fishery from the competent
authority, an completed application form and references or
documentation listed below are required:
1. Photocopies or transcripts of vessel inspection record book,
   ship registration certificate, certificate of vessel’s
   nationality, small boat license or raft license.
2. Registration certificate and business plan shall be provided
   if apply as a firm or enterprise.
3. Other references demanded by the competent authority.
The following information and details are also required to be
stated on the application form as essential:
1. Name, address, ID Number and date of birth of the fishing
   right holder;
2. Type of fishery;
3. Name of the fishing vessel, hull length, length overall, gross
   tonnage, net tonnage, and uniform number of the vessel ;
4. Model and power output of the engine;
5. Type and quantity of fishing gears;
6. Target species;
7. Fishing base and port where to load and unload catches;
8. Certificate of origin of the fishing vessel;
9. Communication equipment and international radio call sign.

Article 29
The approval granted based upon directed fishery shall be valid
for a period of five years maximally. If operation is to
continue, application for renewal of the fishing permit shall be
filed within three months prior to the expiration.

Article 30
The following information and details ought to be stated on the
permit for directed fishery issued by the competent authority:
1. Name, address and ID number of the fisher;
2. Serial number and the date for the issuance;
3. Type of fishery;
4. Location and region of the fishing ground;
5. Name of the fishing vessel, gross tonnage, net tonnage, hull
   length, length overall, uniform number, and number of fishing
   crew;
6. Model and power output of the engine, capacity of oil tank,
   and hourly speed;
7. Type and quantity of fishing gears;
8. Target species;
9. Fishing period;
10. Fishing base and port where to load and unload catches;
11. Viable period of fishing permit;
12. Communication equipment and international radio call sign;
    and
13. Conditions or restrictions on the permit concerned.

Article 31
No fishery person shall allow a third person to use his/her
fishing permit.

Article 32
Fishery persons shall bring their fishing permits when fishing or
operating at the sea.

Article 33
Neither fishery persons nor fishing professionals may perform any
of the following conducts when fishing or operating:
1. Non-fishery activities or outlaw actions;
2. Breach of the restriction which has imposed by the competent
   authority in terms of operation period and number of crew on
   the vessel;
3. Selling or using fishing power oil for other purposes; or
4. Entering foreign waters illegally.

Article 34
When a fishing operation is happened to obstacle or block fish
migrations of anadromous, a one-fifth of the waterway at the
least must be remained clear hence to be reserved for ecological
protection.

Article 35
Both fishery persons and fishing professionals shall fill in
fishery reports and other relevant materials in accordance with
regulations set forth by the competent authority.

Article 36
The authority of central government may authorize the competent
authority of municipality or county/city, to be commissioned for

all affairs and applications concerned.

Article 37
These Enforcement Rules shall become effective from the date of
being promulgated.