MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Article 1 
These Regulations are established in accordance with Article 7 and Article 8, paragraph 3 of the
 Fisheries Act (hereinafter referred to as the Act).

Article 2 
The permissions of the building, modification, chartering and importation of fishing vessels and 
fishery types to be engaged in, and the issuance of fishing licenses shall be conducted pursuant
 to these Regulations. Notwithstanding this provision, provisions as stipulated in the 
Regulations for Recreational Fishery and the Rules for the Registry of Fishing Right shall be 
applied first.

Article 3 
The definitions of terms used in these Regulations are as the follows: 
(1)    “Fishing license” means the fishing license or fishery certificate.
(2)     “Fishery type” means the main fishery registered on the fishing license, excluding the
 part-time fishery. 
(3)    “Loss of a fishing vessel” means a fishing vessel that has been scrapped, sunk, stranded
, damaged or missing. 
(4)    “Replacement qualification” means any of the following qualifications: 
i.    The fishery operator whose fishing license is submitted and revoked after the loss of his/her
 fishing vessel is granted the qualification to build a new fishing vessel of the same tonnage to 
replace the original one and continue to engage in the same fishery type.
ii.    ii. After replacing a tuna purse seine fishing vessel of the same size level registered in a
 regional fisheries management organization, the fishery operator is authorized and granted by the 
central competent authority the qualification to build, export and continue to engage in the tuna 
purse seine fishery.
iii.    The fishery operator of Matzu and Kinmen who obtains the qualification to engage in the same 
fishery type after his/her fishing vessel is authorized by the competent authority before 30 June
 2006 to change into a cargo vessel. 
(5)    “Replacement tonnage” means the tonnage granted to the fishery operator whose fishing vessel
 has been granted the replacement qualification. 
(6)    “Fishing vessel tonnage” means the gross tonnage measured by the navigation authority pursuant 
to the Regulations for Measurement of Ships. In the case that a fishing vessel was measured before the 
promulgation of the amendment of the Regulations for Measurement of Ships on 16 July 1982 under Order 
No. Jiao-Hang (71) 1584, the tonnage of such fishing vessel shall be added by 30%.   
(7)    “Length overall” means the distance measured in a straight line between the foremost point of
 the bow and the aftermost point of stern.

Article 4 
Any fishery operator that meets any of the following requirements may apply for the issuance of fishing
 license:
(1)    The fishery operator has obtained a fishing vessel newly built with the replacement qualification
 to engage in fisheries;
(2)    The fishery operator is authorized to engage in fisheries with a newly-built fish carrier over 2 
thousand tons;
(3)    The fishery operator engages in fisheries with an imported  fishing vessel that is permitted by 
the central competent authority;
(4)    The fishery operator engages in fisheries with an assumed or chartered fishing vessel;
(5)    The fishery operator is authorized to change the fishery type to be engaged in with the existing 
fishing vessel;
(6)    The fishery operator whose fishing vessel is authorized to specialize in fisheries training, 
research and patrolling;
(7)    The fishery operator who obtains the replacement qualification pursuant to these Regulations
 engages in fisheries with the acquisition of a fishing vessel whose fishing license has been revoked by 
the central competent authority, instead of building a new fishing vessel.

The fishery operator as referred to in subparagraph (7) of the preceding paragraph shall not be the one 
upon whom the revocation of fishing licenses was originally imposed, and the reason for the revocation 
of the fishing license of the fishing vessel that the fishery operator obtains shall not be any of the 
following: 
(1)    The fishing vessel has engaged in firearms, drugs or human trafficking or high seas driftnet fishing.
(2)    The fishing vessel has committed any violation during fishing activities, and has been listed as 
an illegal, unreported and unregulated (IUU) vessel by any international fisheries organization.

Article 5 
Application for the renewal of the existing fishing license for the expiration of its validation shall be
 made three months before the expiration. Notwithstanding such provision, any of the following circumstances
 shall be exempted: 
(1)    The prior application for postponement of the renewal of the fishing license has been permitted by 
the competent authority, and as such, the renewal may be applied before the date approved by the competent 
authority.
(2)    The fishery operator who has been authorized by the competent authority the suspension of the 
operation may apply for renewal of the fishing license before the resumption of the operation.

Failure to apply for renewal of the fishing license before the expiration shall be subject to punishment by
 the competent authority pursuant to the Act. 

Article 6 
Any fishery operator who has assumed a fishing vessel from others shall apply for the fishing license within
 one month after the navigation authority completes the change of vessel ownership.

Article 7 
In case that there is any change to the contents that shall be recorded on the fishing license, application
 for the recording of such change shall be made within one month after the occurrence of such change, together
 with enclosure of certifying document(s). 

In case of the change of the fishery operator, fishing vessel name or fishery type, application for re-issuing 
of fishing license shall be made.

Article 8 
In case of loss of a fishing vessel, the fishery operator shall apply for revocation of the fishing license 
with enclosure of certifying documents, documents certifying the cancellation of vessel 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 
In case that a fishery operator who does not build a new fishing vessel after having been granted with the 
replacement qualification, such fishery operator may apply, with other existing fishing vessel(s), for the 
change of fishery type to the same as the replacement qualification granted. 

In case that an existing fishing vessel has changed its fishery type with replacement qualification as referred
 to in the preceding paragraph, its fishery operator may apply for the replacement qualification of the original
 fishery type of such fishing vessel.

Article 10 
In case of any of the following circumstances, the fishery operator may directly applies for the change of
 fishery type : 
(1)    Any fishing vessel of coral fishery, shellfish fishery, fishery using submarine device(s) changes to 
engage in the fishery type except for the trawl fishery and gillnet fishery. 
(2)    Any fishing vessel of bull trawl fishery changes to engage in the otter trawl fishery.
(3)    Any fishing vessel of trawl fishery or gillnet fishery changes to engage in pole and line boote fishery 
or troll line fishery. 

Article 11 
Where the change of fishery type has been approved, application for the change of fishery type shall not be made
 again within two years. 

The change of fishery type of any imported fishing vessel shall not be applied. Notwithstanding this provision, 
for the fishing vessel imported pursuant to subparagraph (3) of Article 27, paragraph 1, provisions of the 
preceding two articles may be applied. 

Article 12 
Provisions for the interchange or part-time operation of fishing vessels of directed fisheries, recreational 
fishery and fishing right fishery are as the followings: 
(1)    Except for part-time fishing right fishery, any fishing vessel of directed fishery may apply for change of
 or part-time operation of other fishery types. Notwithstanding this provision, mackerel purse seine fishing vessels
 and fish carriers shall not apply for engaging in other fishery types.
(2)    Fishing vessels of full-time recreational fishery shall not apply for change of or part-time operation of 
other fishery types. Notwithstanding this provision, for a fishing vessel whose age is 3 years and above and which 
has be authorized by the competent authority for modification, the application for engaging in directed fisheries 
may be made. 
(3)    Fishing vessels of fishing right fishery may apply for the change of fishery types, but shall not part-time
 operate other fishery types.

In case that fishing vessels of full-time recreational fishery apply for the change to directed fisheries, the change
 of fishery types shall be limited to pole and line boote fishery, troll line fishery, longline fishery, spear 
fishery and other fishery types approved and promulgated by the central competent authority. 

In case that fishing vessels of fishing right fishery apply for change to directed fisheries, coral fishery, shellfish
 fishery, fishery using submarine device, or other fisheries types prohibited and promulgated by the central competent
 authority shall not be engaged in.

Article 13 
Fishing vessels of directed fisheries, full-time recreational fishery and fishing right fishery may be replaced among 
one another. 

In case that any fishing vessel of full time recreational fishery or of fishing right fishery is replaced to be engaged 
in directed fishery, coral fishery, shellfish fishery, fishery using submarine device, trawl fishery, or any other
 fishery types prohibited and promulgated by the central competent authority shall not be engaged in.

Article 14 
In case that any fishery operator applies for the building of a new fishing vessel with the replacement qualification 
of more than one fishing vessel of the same fishery type, and the replacement tonnage is less than that of the 
newly-built fishing vessel, the shortfall shall be complemented, except that the shortfall is less than one tonnage. 

Where the replacement tonnage is more than the tonnage of the newly-built fishing vessel by one tonnage and above, the
surplus replacement tonnage shall be reserved for one year starting from the date of approval of reservation. The f
ishery type of the reserved surplus replacement tonnage shall be the same as that of the newly-built fishing vessel, 
and the reserved surplus replacement tonnage shall be used only to complement the shortfall of the replacement tonnage
 of other fishing vessel(s), but not to build a new fishing vessel. 

Where the replacement tonnage to be complemented in accordance with paragraph 1 is complemented by the surplus 
replacement tonnage of other fishery types reserved pursuant to the preceding paragraph or by the tonnage from other 
fishery types except for mackerel purse seine fishing vessels and fish carrier vessels, the replacement tonnage 
complemented 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 trawler,the replacement tonnage 
complemented shall not exceed 49% of the tonnage of the newly-built fishing vessel. 

Where a fishery operator applies with the replacement qualification for the change of the fishery type of the existing
 fishing vessel in accordance with Article 9, paragraph 1, and the replacement tonnage is less or more than the tonnage
 of the existing fishing vessel, the provisions stipulated in paragraph 1 to the preceding paragraph  shall, mutatis 
mutandis, be applied. 

In case that a fishery operator builds a fish carrier vessel or a mackerel purse seine fishing vessel, the tonnage of 
the vessel shall not be less than that of the existing fishing vessel. The replacement tonnage of these vessels shall
 not be used by fishing vessel(s) of other fishery types for the replacement or complement, and the surplus replacement 
tonnage shall not be reserved. 

Where a fishery operator applies for import of a fishing vessel of new fishing method, the provisions stipulated in 
paragraph 1 to 3, Article 15 and Article 16 shall apply mutatis mutandis to the replacement qualification and replacement
 tonnage. Notwithstanding such provision, in case that fishing vessel of the same fishery type or full time recreational
 fishing vessel is not available domestically, the required replacement tonnage for the fishing vessel to be imported 
shall be of other fishery types except for those of mackerel purse seine fishing vessels and fish carrier vessels. 

For any longline or tuna purse seine fishing vessel over 20 gross tonnage with the age of more than 25 years, the 
replacement tonnage shall be 74% of the original fishing vessel tonnage. 

In case that a fishery operator obtains a fishing vessel in accordance with Article 4, subparagraph (7), the provisions 
stipulated in paragraph 1 to 3, Article 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 fishery type with replacement qualification
 pursuant to Article 9, paragraph 1, the following provisions shall apply: 
(1)    For fishing vessel whose length overall is 24 meters and above, the fishery operator shall obtain the replacement
 tonnage from at least one fishing vessel with the length overall of 24 meters and above and the gross tonnage of 100 
tons and above of the same fishery type. In case of building a new fishing vessel, the gross tonnage of newly-built vessel
 shall not be less than 100 tons.
(2)    For fishing vessel whose length overall is 15 meters and above but less than 24 meters, the fishery operator shall 
obtain the replacement tonnage from at least one fishing vessel with the length overall of 15 meters and above but less 
than 24 meters and the gross tonnage of 20 tons and above of the same fishery type, or from fishing vessel with length
 overall of 24 meters and above and the gross tonnage less than 100 tons of the same fishery type. In case of building a
 new fishing vessel, the gross tonnage of newly-built vessel shall be no less than 20 tons and no more than 100 tons. 
(3)    For fishing vessel whose length overall is less than 15 meters, the fishery operator shall obtain the replacement 
tonnage from at least one fishing vessel with the length overall less than 15 meters of the same fishery type, or from 
fishing vessel with the length overall of 15 meters and above and the gross tonnage less than 20 tons of the same fishery
 type. In case of building a new fishing vessel, the gross tonnage of newly-built vessel shall be no more than 20 tons. 

In case that any fishery operator obtains the replacement qualification from one fishing vessel of the same level of 
length overall and gross tonnage to build a fishing vessel or change the fishery type pursuant to the preceding paragraph,
 and 95% of the replacement tonnage of the same fishery type is not reached, the replacement tonnage shall be complemented
 by the replacement qualification or surplus replacement tonnage of the same level of length overall and gross tonnage of 
the same fishery type pursuant to the provisions of each subparagraph in the preceding paragraph. 

Any Fishing vessel with gross tonnage less than 5 tons may be used only for the replacement of fishing vessel less than 5
 tons, and shall not be used for the replacement or complementary tonnage of fishing vessel of 5 tons and above.

Article 15-1 
Where a fishery operator obtains the replacement qualification of a fishing vessel whose length overall is 15 meters and 
above and whose gross tonnage is less than 20 tons, and applies for building before 22 March 2008, he/she may build the 
fishing vessel of the same fishery type with the length overall of 15 meters and above and the gross tonnage less than 20
 tons. The length overall of the newly-built fishing vessel shall be no more than 20 meters.

Article 15-2 
For any fishery operator that builds a tuna purse seine vessel for operation in the western and central Pacific Ocean, 
sizes of fishing vessels are classified as the following levels:
(1)    Level 1: length overall of 80 meters and above, with the gross tonnage of 2,000 tons and above.
(2)    Level 2: length overall of 50 meters and above but less than 80 meters, with the gross tonnage of 700 tons and 
above but less than 2,000 tons.
(3)    Level 3: length overall less than 50 meters, with the gross tonnage of 200 tons and above but less than 700 tons.
(4)    Level 4: length overall less than 50 meters, with the gross tonnage less than 200 tons. 

Any fishery operator that builds any fishing vessel classified in the preceding paragraph shall obtain replacement 
qualification of a tuna purse seine vessel of the same level. In case that the replacement tonnage is less than the tonnage
 of the newly-built fishing vessel, the provisions for complementing and reserving the surplus replacement tonnage provided
 in paragraph 1 to 3 and paragraph 8 of Article 14 and paragraph 2 of Article 15 shall not apply.

Any tuna purse seine vessel of any size level shall be replaced for building into one  single vessel, and shall not be 
divided for replacement and building of several fishing vessels. Tuna purse seine vessels of a smaller size level shall not
 be combined together for the replacement and building of a tuna purse seine vessel of a larger size level.

The replacement tonnage of any tuna purse seine vessel built pursuant to paragraph 1 shall be the same as that of the fishing
 vessel to be replaced, and the overall fish hold capacity after the completion of building shall not exceed that of the 
fishing vessel to be replaced.

Article 15-3 
The gross tonnage of a newly built squid jigging vessel shall not exceed 1,500 tons.

Article 16 
Starting from 1 July 2007, longline fishing vessels operating in the convention areas of relevant regional fisheries 
management organizations in the Pacific Ocean, Atlantic Ocean and Indian Ocean shall not be replaced by any fishing vessel on 
the vessel list of other regional fisheries management organization.

Article 17 
Where the approved modification of a fishing vessel results in the increase of the gross tonnage, the provisions stipulated in
 Article 14 and 15 shall be, mutatis mutandis, applied to the replacement tonnage to be complemented, except when the tonnage 
increased is less than one. 

Any fishing vessel under 100 gross tonnage shall not be more than 100 gross tonnage after modification.

Article 18 
Application for the replacement qualification shall be accompanied by the following documents: 
(1)    The original fishing license.
(2)    The document certifying the cancellation of the Certificate of Registry for the fishing vessel to be replaced. 
(3)    The document certifying the loss of the fishing vessel, or documents certifying the exportation of the tuna purse seine
 fishing vessel approved on a case-by-case basis. 
(4)    The document certifying cancellation of fuel allocation handbook.
(5)    For fishing vessels in Matzu and Kinmen authorized to be changed into cargo vessels pursuant to subparagraph (4) of 
Article 3, relevant certificates issued by the navigation authority are required. 
(6)    Any other documents or information as specified. 

Any 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 subparagraph (1) to (3) of the preceding paragraph when applying for the replacement qualification.

Article 19 
The replacement qualification is valid for 3 years from the date of the loss of the fishing vessel. 

The replacement qualification permitted in accordance with Article 9, paragraph 2 shall be valid for 3 years from the date of
 the approval.

Article 20 
In case of any of the following circumstances, no application for the replacement qualification shall be allowed: 
(1)    The fishing vessel has not been lost. 
(2)    Any circumstances as referred to in Article 7-1 of the 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 
duration of approved suspension of fishery operation has been expired.
(4)    Any imported fishing vessel of new fishing method which has not obtained the replacement qualification after the 
promulgation of vessel building restriction by the central competent authority on 17 November 1989. 
(5)    Where a fishing vessel has been stranded and its owner has not addressed properly, causing risks in navigation, or
 pollution of marine environment.
(6)    Where the fishing vessel is forfeited or confiscated by a foreign government. 
(7)    Where the fishing vessel has encountered accident abroad and its owner has unpaid expenses that are paid in advance 
by relevant government authorities.

Article 21 
In the event that an existing fishing vessel is scheduled to be scrapped, the application for building of a new fishing 
vessel may be made first. Notwithstanding such provision, the existing fishing vessel shall be scrapped completely and its 
original fishing license shall be cancelled before the application for issuing the fishing license of the new vessel.

Article 22 
Main fisheries such as trawl fishery, longline fishery, squid jigging fishery, tuna purse seine fishery, mackerel purse 
seine fishery and gillnet fishery shall not be registered as part-time fishery. 

Where the trawl fishery, longline fishery, squid jigging fishery, tuna purse seine fishery, mackerel purse seine fishery
 and gillnet fishery has been approved as part-time fishery, at the time of application for issuing or renewal of the 
fishing license, the competent authority shall cancel such part-time fishery.

Where the gillnet fishery had been approved as part-time fishery before these regulations were amended and became effective 
on 5 January 2017, or the bottom gillnet fishery, drift net fishery or drift gillnet fishery which has been approved as 
part-time fishery is changed into the gillnet fishery in accordance with Article 25-1, the original fishery operator may engage
 in such part-time fishery until the loss of the fishing vessel or the change of fishery operator. The change of fishery 
operator resulted from succession or the transfer between spouse or direct relative(s) is not subject to this provision.  

Article 23 
No new fishing license shall be issued to a fishing vessel of coral fishery, shellfish fishery, and fishery using submarine 
device, except for the renewal of fishing license upon expiry. 

Fishing vessels identified by the central competent authority as equipped with coral harvesting device before 31 December
 2007 may operate part-time coral fishery in accordance with the regulations stipulated by the central competent authority 
starting from these regulations being amended and effective on 22 May 2008. 

In case that the fishery operator applies for the replacement qualification for the fishery types stipulated in paragraph 1,
 the fishery operator shall change such fishery type to other fishery type.

Article 24 
No restriction shall be made on the fishery type of fishing vessels less than 5 gross tonnage, except for the operation of 
the fishery such as coral fishery, shellfish fishery, fishery using submarine device, trawl fishery, and gillnet fishery 
which shall be operated in accordance with the relevant provisions of these regulations.

Article 25 
Registration of the main fishery on the fishing license shall be limited to one type only and registration of part-time 
fishery shall be limited to three types.

Article 25-1
The fishing license shall not be registered as bottom gillnet fishery, drift net fishery or drift gillnet fishery. Where
 such fishery has been registered, the competent authority shall change the registration as gillnet fishery at the time 
of application for issuing or renewal of the fishing license. 

Article 26 
Fishing vessel approved to be built shall complete the building and apply for fishing license within two years after the 
approval. In case that the completion of the building is past the timeframe, the approval shall be deemed as invalid. 
Application for one-year extension of the building approval may be made before the expiry of the two-year validity of the 
original approval, provided that the construction of vessel hull has been completed and the main equipment such as the
 main and auxiliary engines have been purchased.

Article 27 
No fishing vessel shall be imported from foreign countries, except for any of the following circumstances: 
(1)    A fishing vessel of new fishing method as reviewed and approved by the central competent authority, with the age
 of the vessel less than10 years starting from the date of launch to the date of application. 
(2)    A newly-built fishing vessel of full time recreational fishery. 
(3)    A fishing vessel approved by the central competent authority to engage in foreign fishery cooperation and thus 
registered in that country has terminated its fishery cooperation; or a fishing vessel exported and registered in a foreign
 country on a case-by-case basis resumes its registration in the Republic of China.
(4)    A tuna purse seine fishing vessel approved by the central competent authority to be exported to the small island 
developing States in the western and central Pacific Ocean resumes its registration in the Republic of China.  
(5)    A fishing vessel which complies with the provisions of Article 29 or Article 29-1.

For the application for the import of the fishing vessel referred to in subparagraph (1) of the preceding paragraph, the 
applicant shall first obtain the replacement qualification. 

For the application for the import of the fishing vessel referred to in subparagraph (2) of paragraph 1, the applicant shall 
first obtain the replacement qualification and the approval from the municipal or county (city) competent authority where 
such vessel intends to register, and submit to the central competent authority for final approval.

Article 28 
[Deleted]

Article 29 
From 1 January 2003 to 21 March 2007 when these amended regulations are effective, for any foreign flag squid jigging fishing
 vessel over 100 gross tonnage built within the Republic of China and exported and operated by the national of the Republic
 of the China, the application for import may be made after obtaining enough replacement tonnage pursuant to Article 14.

The review procedures for relevant documents for squid jigging fishing vessels imported pursuant to the preceding paragraph
 are subject to promulgation of the central competent authority.

Article 29-1
For a foreign flag tuna purse seine fishing vessel which has been authorized by the competent authority in accordance with
 the Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels to be invested in or operated, in case that 
its construction is completed within the Republic of China and its age is less than ten years from the lunch date to the 
date of applying for importation, it may be imported after obtaining the replacement qualification of a tuna purse seine 
fishing vessel of the same level pursuant to Article 15-2.     
 
Article 30 
In case that the fishing license is lost or defaced, the fishery operator shall apply to the original issuing authority for
 the reissuance or renewal with relevant certifying documents.

Article 31 
For the issuance, renewal or reissuance of the fishing license, the license fee as shown in the attached table shall be paid 
pursuant to Article 7 of the Act.

Article 32 
Rules for the fishery type, replacement and modification of sampans and fishing rafts may be established by the central or 
municipal competent authority. The coral fishery, shellfish fishery, fishery using submarine devices and trawl fishery shall
 not be operated by sampans and fishing rafts.


In addition to complying with Article 9, any sampan shall not apply for the change of its main fishery into gillnet fishery,
 and Article 22 shall apply mutatis mutandis.

Article 33 
These regulations shall enter into force from the date of promulgation.