Article 1
These Rules are hereby enacted pursuant to Article 70 of the
Fisheries Act (hereinafter referred to as “the "Act”).
Article 2
The term "the associated industries of processing, transportation
and marketing" referred to in Article 3 of the Act means
operation of fish carrier vessels or factory vessels.
Article 3
The term "public waters" referred to in Article 6 of the Act
means rivers, natural lakes/ swamps, intertidal zones and oceans.
The term "non-public waters adjacent thereto" means ponds,
artificial lakes, or reservoirs etcetera which are adjacent to
public waters.
Article 4
The term "fishing vessel(s)" referred to in the Act means boats,
sampans and fishing rafts on which fisheries are operated, and
fishery patrol boats, fishery research boats and fishery
training boats.
Article 5
The term "modification" referred to in paragraph 1 of Article 8
of the Act means any of the following circumstances:
(1) Alteration of the length, width and depth of a fishing vessel;
(2) Reinstallation of the main engine and auxiliary engine, or
alteration of the engine model or horsepower; and/or
(3) Alteration of the structure or equipment of a fishing vessel
for the purpose of altering use of fishing vessel or type of
fishery.
Article 6
Any application for building or modification of fishing vessel
shall be submitted to the designated competent authority in
accordance with the provisions as follows:
(1)For applicant whose location of fishery registry is within
the territory of county (city): The application shall be
submitted to the county (city) competent authority if the
proposed gross registered tonnage of the fishing vessel
concerned is under 20; on the contrary, the application for
vessel whose proposed gross registered tonnage is over 20
shall be submitted to the central competent authority.
(2)For applicant whose location of fishery registry is within
the territory of municipality: The application shall be
submitted to the municipal competent authority if the proposed
gross registered tonnage of the fishing vessel concerned is
under 100; on the contrary, the application for vessel whose
proposed gross registered tonnage is over 100 shall be submitted
to the central competent authority.
For the application aforementioned, the application materials
shall include the completed application form and documentation
prescribed below:
(1)Three copies of technical drawing, including the specification
of hull, general layout, cross-sectional drawing and line chart
and the building manual of the fishing vessel. However, sampans,
fishing rafts and wooden-hull fishing boats under 10 gross tonnage
exempt from this requirement;
(2)Other documentation specified by the central competent authority.
The following information shall be recorded on the application form
as referred to in the preceding paragraph:
(1)Name, national identification number and address of the applicant;
(2)Name of the fishing vessel;
(3)Type of fishery and intended operating area;
(4)Proposed gross tonnage;
(5)Principle dimension of the vessel;
(6)Building materials of the hull structure;
(7)Name and location of the shipyard;
(8)Model and brand of the main and auxiliary engine, maximum continuous
horsepower, number of cylinders, cylinder diameter and rate of gyration,
etcetera; and
(9)The scheduled dates for commencement and completion of the vessel
building, and the scheduled date for launch of the vessel.
Article 7
The division of jurisdiction for the competent authorities
concerning the approval for fishing license and their fishery
management mandate are as follows:
(1) The central competent authority
i. Exclusive fishing right fishery.
ii. Set net and demarcated fishing right fisheries whose
operating areas are under the jurisdictions of more than
two municipalities or counties (cities).
iii. Directed and recreational fisheries which are not under
the jurisdiction of municipal or county (city) competent
authorities.
(2) Municipal competent authorities
i. Set net and demarcated fishing right fisheries whose
operating areas are under the jurisdiction of
municipalities.
ii. Directed and recreational fisheries employing fishing
vessels under 100 gross registered tonnage and the locations
of fishery registry are within the territory of municipalities.
(3) County (city) competent authorities
i. Set net and demarcated fishing right fisheries whose
operating areas are under the jurisdiction of counties (cities).
ii. Directed and recreational fisheries employing fishing vessels
under 20 gross registered tonnage and the locations of fishery
registry are within the territory of counties (cities).
Article 8
Any application for operating fishing right fishery shall be filed with
the municipal or county (city) competent authority where the fishing
ground is located.
Any application for operating directed and recreational fisheries shall
be filed with the municipal or county (city) competent authority where
the approval for vessel registration is concerned.
Article 9
Only the following can be the applicants to operate fishery:
(1) The investor 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 state-run organization or fisheries research institute; or
(5) The statutory representative shall be the applicant in case of
a fishermen’s association or fishery production cooperative.
Article 10
Subject to paragraph 2 of Article 8 of the Act, any person who
intends to import fishing vessel shall submit the following
documentation to the municipal or county (city) competent authority
where the application for vessel registration is concerned for
forwarding to the central competent authority for approval:
(1) Application form;
(2) Photocopy of the certificate of vessel’s nationality issued
by the exporting country of the fishing vessel;
(3) Valid vessel safety inspection certificate; and
(4) Drawing of fishing vessel layout.
Article 11
(Deleted)
Article 12
Where the administrative disposition of suspending the fishing
license, the Certificate of Fishing Vessel Officer or Fishing
Vessel Crew Identification is rendered pursuant to Article 10
of the Act, the period of the administrative disposition
commencement shall be calculated as followings:
(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 that the
fishing vessel or crew members return to port.
Article 13
Any competent authority who establishes fisheries advisory committee
in accordance with Article 13 of the Act shall seek advices from the
committee with regard to the following appeals:
(1) Integrated planning for the adjustment of fishery structure and
the management mechanism;
(2) Comprehensive utilization of fishing ground;
(3) Integrated planning for fishing right fishery;
(4) Order of priority and the relevant dispute regarding the
approval of fishing right fishery;
(5) Alteration of type of fishery and operating area for fishing
right fishery;
(6) Approval and revocation of fishing right and other relevant
matters regarding the administrative disposition of fishing
right;
(7) Designation of the type of directed fishery, operating periods,
operating areas, total number of fishing vessels, total tonnage
of fishing vessels, and other relevant matters;
(8) Conservation and management of aquatic resources.
Article 14
The term "fishing gears" referred to in Article 14 of the Act means
tools, directly or indirectly, used for the purposes of
catching/harvesting or cultivating aquatic organisms.
Article 15
The programs stipulated in Article 17 of the Act shall include type
of fishery, range of fishing ground, fishing period, proposed
quantity to be approved, period of public announcement, period of
application and other relevant matters.
If deemed as necessary, the central or county (city) competent
authority may allocate a budget to commission relevant organizations
or academic institutions to study and to be in charge of the drafting
or revision of the integrated planning under paragraph 1 of Article
17 of the Act and the programs under the preceding paragraph.
Article 16
The programs drafted or revised by the central or county (city)
competent authority in accordance with the preceding Article shall
be exhibited for 30 days at the township/town/city/district and
fishermen’s association where the fishing ground is located for
public circulation.
During the above period of public circulation, persons of interest
may submit written comments on the program, with name, address and
occupation recorded on, to the competent authority as reference for
revising the program. The competent authority shall then approve the
final program and submit it to the central competent authority for
recordation.
Article 17
After approving the program in accordance with the preceding Article,
the central or county (city) competent authority shall publish a
public announcement with respect to the acceptance of applications of
fishing right fishery license at the township/town/city/district and
fishermen’s association where the fishing ground is located prior to
July of each year.
The period of the public announcement under the preceding paragraph
shall be lasting more than 30 days.
Article 18
When applying for the operation of fishing right fishery, the
application materials shall include three copies of completed
application form and documentation prescribed below:
(1) Three copies of fishing ground map, with relevancies of the
relative bearings and distances among datum points of the
fishing ground and the land and size of the nets, etc);
(2) Three copies of business plan;
(3) Three copies of the partnership contract for the applicant
who is under partnership; or three copies of business
registration certificate for whom is happened to be a company;
or three copies of resolutions adopted by general members
(representative) meeting for whom is a fishermen’s association
or fishery production cooperative.
(4) Three copies of written consent in the case that the zones or
waters of the intended fishing ground are owned or occupied by
another party.
(5) Any application for exclusive fishery right shall be accompanied
by three copies of draft rules of fisheries access in which
specify the following:
i. Qualifications of the candidates for the operation of
fisheries access;
ii. Area and period for the operation of fisheries access ;
iii. Fishing methods used for the operation of fisheries
access; and
iv. Other requirements to be met.
The following information shall be recorded on the aforementioned
application form:
(1) Name, address, national identification number and occupation
of the applicant;
(2) Type and name of fishery;
(3) Location, area, and calculation of square or range of the fishing
ground. The calculation of square in area is not required for
set-net fishing right fishery;
(4) Type and quantity of fishing gears;
(5) Target species;
(6) Fishing season.
Article 19
The waters to be approved for operating exclusive fishing right
shall be limited to waters subject to the jurisdiction of that
fishermen’s association or fishery production cooperative concerned.
Article 20
In regard to the approved fishing right fishery, the competent
authority may delimit a water domain to restrict the third party
from operating fishery.
Article 21
When the competent authority approves the issuance of fishing license
for fishing right fishery, the following information shall be recorded
on the license:
(1) Name, address and national identification number of the fishing
right holder;
(2) License number and date of issue;
(3) Type and name of fishery;
(4) Location, area, and calculation of square in area or range of
the fishing ground;
(5) Species authorized to fish;
(6) Fishing season;
(7) Authorized period of the fishing right; and
(8) Conditions or restrictions attached to the approval of license.
Article 22
Fishing right license shall be invalid simultaneously upon the
expiration of its authorized period. If there is any intention to
continue the fishery operation, the renewal of fishing right license
shall be applied within six months prior to its expiration.
When the aforementioned license becomes invalid, such effect shall
apply to the corresponding fishing right fishery simultaneously.
Article 23
Any fishing right holder who intends to waive the fishing right shall
apply to the original issuing authority for cancellation. If other
rights are registered in relation to the said fishing right, a written
approval shall be submitted.
Article 24
A fishing right holder shall, within three months from the acquirement
of a fishing right license, complete the set-up of datum point markings
on land for surveying the fishing ground.
After completing the establishment of a fishing ground for fishing
right fishery, an application shall be filed with the competent
authority for inspection and for issuance of fishing ground map.
Where a fishing right holder requires any additional set-up or re
set-up other than the original markings established under Paragraph
1, an application, with reasons stated on, shall be filed with the
competent authority for approval. Upon the extinguishment of the
fishing right, the fishing right holder shall voluntarily remove
the markings and facilities from the fishing ground.
Article 25
The competent authority shall publish a public announcement with
respect to its approval for the acquirement, mergence, subdivision,
alteration and loss of fishing right, and its revocation of the
approval of fishery operation under paragraph 1 of Article 10 and
paragraph 1 of Article 11 of the Act.
Article 26
Any applicant for the approval under Article 35 of the Act shall
specify the following information:
(1) Name and address of the land owner or land user;
(2) Location and range of the land;
(3) Purposes of use;
(4) Period of use;
(5) Facts for failing to obtain consent; and
(6) Any other necessary material facts.
Article 27
Where the municipal or county(city) competent authority intends
to impose designation, restriction or change on the directed
fishery in accordance with Article 36 and 37 of the Act, such
designation, restriction or change shall be approved by the central
competent authority and be published in a public announcement prior
to its implementation.
Article 28
When applying for a fishing license for the operation of directed
fishery, an completed application form and documents prescribed
below shall be submitted to the competent authority:
(1) Photocopies or transcripts of ship inspection record book, ship
inspection certificate, ship registration certificate, certificate
of vessel’s nationality, small boat license or raft license.
(2) Business registration certificate and business plan shall be
provided if the applicant is a company or business firm.
(3) Photographs of the fishing vessel, as well as the electronic files
thereof. The Photographs shall be in full color and no older than
three years.
(4) Any other documentation specified by the competent authority.
The following information shall be recorded on the aforementioned
application form:
(1) Name, address, national identification number and date of birth
of the applicant;
(2) Type of fishery;
(3) Name of the fishing vessel, hull length, length overall, gross
registered tonnage, net tonnage, and registration number;
(4) Engine model and horse power;
(5) Type and quantity of fishing gears;
(6) Target species;
(7) Location of fishery registry and port of landing;
(8) Certificate of the origin of the fishing vessel;
(9) Communication facilities and international radio call sign;
(10) International Maritime Organization (IMO) ship
identification number for fishing vessels of 100 gross tonnages
and above.
The photograph of the fishing vessel submitted pursuant to paragraph
1, sub-paragraph (3) of this Article shall show a stem-to-stern side
view of the vessel and clearly and legibly display the vessel name and
International Radio Call Sign (WIN). The size of the photograph shall
be 6 by 8 inches with a resolution of at least 150 pixels per inch and the
size of the electronic file shall be no greater than 500 kilobytes (kB).
Paragraph 1 shall, mutatis mutandis, apply in case of application for
the renewal of the fishing license upon expiration. However, the
documents prescribed in subparagraph (1) of paragraph 1 shall be waived.
Article 29
The approval granted for the directed fishery shall be valid for a
term not exceeding five years. If operation is to continue,
application for the renewal of the fishing license shall be filed
within three months prior to its expiration.
Article 30
When the competent authority approves the issuance of fishing
license for directed fishery, the following information shall
be recorded on the license:
(1) Name, address and national identification number of the
fishery operator;
(2) License number and date of issue;
(3) Type of fishery;
(4) Location and region of the fishing ground;
(5) Name of the fishing vessel, gross registered tonnage, net
tonnage, hull length, length overall, registration number,
and maximum number of crew member;
(6) Engine model and horsepower, capacity of oil tank, and speed
per hour;
(7) Type and quantity of fishing gears;
(8) Species authorized to fish;
(9) Fishing season;
(10) Location of fishery registry and port of landing;
(11) Authorized period of the fishing license;
(12) Communication facilities and international radio call sign;
(13) IMO ship identification number for fishing vessels of 100
gross tonnages and above; and
(14) Conditions or restrictions attached to the approval of
license.
Article 31
No fishery operator shall allow a third person to use his/her
fishing license.
Article 32
Fishery operator shall carry his/her fishing license when
navigating at sea or operating.
Article 33
Neither fishery operator nor fishery employee may perform any
of the following conducts when navigating at sea or operating:
(1) Illegally engaging in non-fishery activities;
(2) Breaching the restriction imposed by the competent authority
on operation period and maximum number of crew member;
(3) Selling or employing fuel used in fisheries for other purposes
; or
(4) Illegally entering into foreign waters.
Article 34
Any fishery operator who obstructs the migratory routes of
anadromous fish for the purpose of operation shall preserve at
least one-fifth of the stream face for the free passage of
anadromous fish.
Article 35
Both fishery operator and fishery employee shall fill in and
submit fishery reports and other relevant materials in accordance
with regulations set forth by the competent authority.
Article 36
The central competent authority may commission the municipal or
county (city) competent authorities to execute affairs under its
jurisdiction.
Article 37
These Enforcement Rules shall become effective on the date of
promulgation.
|