| Legislative： |
The full text of 15 articles promulgated by the Council of
Agriculture, Executive Yuan on November 17, 1989 under Order
No. 78 Nong-Yu-Tsu 8040367A.
Amended and promulgated by the Council of Agriculture,
Executive Yuan on December 24, 1990 under Order No. 79
Nong-Yu-Tsu 9040585A.
The title and articles amended and promulgated by the Council
of Agriculture, Executive Yuan on December 24, 1991 under Order
No. 80 Nong-Yu-Tsu 004065A.
Amended and promulgated by the Council of Agriculture, Executive
Yuan on September 30, 1992 under Order No. 81 Nong-Yu-Tsu
1040799A.
The original title “The Regulations for Issuance of Fishing
License of Fishing Vessel” and full text of 31 articles amended
and promulgated by the Council of Agriculture, Executive Yuan on
April 28, 1995 under Order No. 84 Nong-Yu-Tsu 4040367A.
Article 21-1 and 22 amended and promulgated by the Council of
Agriculture, Executive Yuan on January 31, 1997 under Order No.
86 Nong-Yu-Tsu 86040026A.
Article 26 amended and promulgated by the Council of Agriculture,
Executive Yuan on February 27, 1997 under Order No. 86 Nong-Yu-Tsu
86040096A.
Article 4, 11, 14, 15, 18, and 26 amended and promulgated by the
Council of Agriculture, Executive Yuan on January 6, 1998 under
Order No. 87 Nong-Yu-Tsu 86040853.
Article 30 amended and promulgated by the Council of Agriculture,
Executive Yuan on November 24, 1999 under Order No. 88 Nong-Yu-Tsu
88670098.
Article 11, 12, 14, 15, 18, and 26 amended, and Article 22 and 23
deleted, and promulgated by the Council of Agriculture, Executive
Yuan on October 18, 2000 under Order No. (89) Nong-Yu-Tsu 891321449.
Article 26 amended and Article 26-1 and 26-2 added and promulgated
by the Council of Agriculture, Executive Yuan on September 28, 2001
under Order No. (90) Nong-Yu-Tsu 901321600.
Article 12 amended and promulgated by the Council of Agriculture,
Executive Yuan on June 28, 2002 under Order No. 88 Nong-Sou-Yu-Tsu
0911320977.
Article 18, and 26-2 amended, and Article 28 deleted, and promulgated
by the Council of Agriculture, Executive Yuan on June 30, 2003 under
Order No. Nong-Sou-Yu-Tsu 0921321090.
Article 3, 16, 26 and 26-3 amended and promulgated by the Council of
Agriculture, Executive Yuan on June 29, 2005 under Order No.
Nong-Sou-Yu-Tsu 0941331395.
The full text of 33 articles amended and promulgated by the Council
of Agriculture, Executive Yuan on March 21, 2007 under Order No.
Nong-Sou-Yu-Tsu 0961320588.
Article 3, 15, 23 and 27 amended, Article 15-1 and 15-2 added, and
Article 28 deleted and promulgated by the Council of Agriculture,
Executive Yuan on May 22, 2008 under Order No. Nong-Sou-Yu-Tsu
0971321101.
Article 2, 4 and 14 amended and promulgated by the Council of
Agriculture, Executive Yuan on December 21, 2009 under Order No.
Nong-Yu-Tsu 0981333641.
Article 15-2 amended and promulgated by the Council of Agriculture,
Executive Yuan on December 2, 2011 under Order No. Nong-Yu-Tsu
1001331820.
Article 14 amended and promulgated by the Council of Agriculture,
Executive Yuan on April 4, 2012 under Order No. Nong-Yu-Tsu
1011321306.
Article 14, and 15-3 amended and promulgated by the Council of
Agriculture, Executive Yuan on July 13, 2012 under Order No.
Nong-Yu-Tsu 1011322598.
Article 15-2 amended and promulgated by the Council of Agriculture,
Executive Yuan on February 27, 2014 under Order No. Nong-Yu-Tsu
1031332760.
Article 27 amended and promulgated by the Council of Agriculture,
Executive Yuan on January 13, 2016 under Order No. Nong-Yu-Tsu
1041338511F.
Articles 3, 10, 19, 20, 22, 24, 25-1, and 32 amended and promulgated
by the Council of Agriculture, Executive Yuan on January 5, 2017
under Order No. Nong-Yu-Tsu 1051329241A.
Articles 27, 29, and 29-1 amended and promulgated by the Council of
Agriculture, Executive Yuan on December 11, 2018 under Order No.
Nong-Yu-Tsu 1071329528A.
Part of these regulations amended and promulgated by the Council of
Agriculture, Executive Yuan on June 6, 2019 under Order No.
Nong-Yu-Tsu 1081327320A.
Articles 4 amended and promulgated by the Council of
Agriculture, Executive Yuan on January 15, 2020 under Order No.
Nong-Yu-Tsu 1081329899A.
Article 10, 14, 15-4, 15-5, 15-6, 16 to 18, 22, and 25-2 amended and
promulgated on December 14, 2020 under Order No. Nong-Yu-Tsu
1091328927A. |
| Content： |
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, 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 otherwise in the Regulations for Recreational
Fishery and the Rules for the Registry of Fishing Right shall
prevail.
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.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 of 1,500 gross tonnages or above;
(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 be
used exclusively for fisheries training, research, and patrolling;
(7)Instead of building a new fishing vessel, 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.
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 conducted fishing activities illegally,
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 validity shall be made three months before the
expiration. Notwithstanding such a provision, any of the following
circumstances shall be exempted:
(1)The competent authority has permitted beforehand the postponement
of the renewal of the fishing license, and as such, the renewal
may be applied before the date approved by the competent authority.
(2)The fishery operator who has been permitted 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 punishments by the competent authority
pursuant to the Act.
Article 6
The application of the fishing license by any fishery operator who has
assumed a fishing vessel from others shall be conducted 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 a change
shall be made within one month after the occurrence of such a 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 fishing license shall be made.
Article 8
In case of loss of a fishing vessel, the fishery operator shall apply for
the revocation of the fishing license with enclosure of certifying
document(s), document(s) issued by the navigation authority certifying
the cancellation of vessel registration, 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 does not build a new fishing vessel after
being granted with the replacement qualification, he/she 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
the 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 a fishing vessel.
Article 10
In case of any of the following circumstances, the fishery operator may
directly apply for the change of fishery type:
(1)Any fishing vessel of coral fishery, shellfish fishery, or fishery
using submarine device(s) changes to engage in other fishery type except
for the trawl fishery and gillnet fishery.
(2)Any fishing vessel other than pole and line boote or troll line fishery
changes to engage in pole and line boote fishery or troll line fishery.
(3)Any fishing vessel of tuna longline fishery changes to engage in longline
fishery.
In case that a fishery operator applies to build a new vessel with the
replacement qualification, he/she may change the fishery type in accordance
with the preceding paragraph.
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 apply.
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)A fishing vessel of directed fishery may apply for engaging in or part-time
operation of other fishery type(s), except for part-time fishing right
fishery. Notwithstanding this provision, mackerel purse seine fishing vessels
and fish carriers shall not apply for engaging in other fishery type(s).
(2)A fishing vessel of full-time recreational fishery shall not apply for engaging
in or part-time operation of other fishery type. Notwithstanding this provision,
for a fishing vessel whose age is 3 years or above and which has been authorized
by the competent authority for modification, the application for engaging in
directed fisheries may be made.
(3)A fishing vessel of fishing right fishery may apply for the change of fishery
type(s), but shall not part-time operate other fishery type(s).
In case that a fishing vessel of full-time recreational fishery applies for the
change to engage in directed fisheries, the types of the directed fisheries shall
be limited to pole and line boote fishery, troll line fishery, longline fishery,
spear fishery and other fishery type(s) approved and promulgated by the central
competent authority.
In case that a fishing vessel of fishing right fishery applies for the change to
engage in directed fisheries, it shall not engage in coral fishery, shellfish
fishery, fishery using submarine device, or other fisheries type(s) prohibited
and promulgated by the central competent authority.
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, it shall not engage
in coral fishery, shellfish fishery, fishery using submarine device, trawl fishery,
or any other fishery type(s) prohibited and promulgated by the central competent
authority.
Article 14
In case that any fishery operator applies for building a new fishing vessel
with the replacement qualification of at least one fishing vessel of the same
fishery type, and the replacement tonnage is less than the fishing vessel
tonnage of the newly-built fishing vessel, the shortfall shall be complemented,
except that the shortfall is less than one tonnage after the measurement upon
the completion of building.
Where the replacement tonnage exceeds the fishing vessel tonnage of the
newly-built fishing vessel by one tonnage or above, the surplus replacement
tonnage shall be reserved for one year starting from the date of approval of
reservation. The fishery type of the reserved surplus replacement tonnage shall
be the same as that of the original replacement qualification, and the reserved
surplus replacement tonnage shall be used only to complement the shortfall of the
replacement tonnage of other fishing vessel(s).
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 fishing vessel 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 fishing vessel
tonnage of the existing fishing vessel, the provisions stipulated in paragraph 1
to the preceding paragraph shall, mutatis mutandis, apply.
In case that a fishery operator builds a fish carrier vessel or a mackerel purse
seine fishing vessel, the fishing vessel 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 type(s) for the replacement
or complement, and the surplus replacement tonnage shall not be reserved.
Where a fishery operator applies for importing 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 a provision, in case that a fishing vessel of the same fishery
type or a full time recreational fishing vessel is not available domestically, the
required replacement tonnage for the fishing vessel to be imported shall be from 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 of 20 gross tonnage or above with
the age of 25 years or above that has been lost before these Regulations were amended
and became effective on 14 December 2020, 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 the replacement tonnage shall mutatis mutandis apply.
Article 15
Where a fishery operator builds a fishing vessel or applies for changing the fishery
type with the replacement qualification pursuant to Article 9, paragraph 1, the
following provisions shall apply:
(1)For a fishing vessel of 24 meters or above length overall, the fishery operator
shall obtain the replacement tonnage from at least one fishing vessel of 24 meters
or above length overall and of 100 gross tonnage or 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.
(2)For a fishing vessel of 15 meters or above length overall but less than 24 meters,
the fishery operator shall obtain the replacement tonnage from at least one fishing
vessel of 15 meters or above length overall but less than 24 meters and of 20 gross
tonnage or above of the same fishery type, or from a fishing vessel of 24 meters or
above length overall and less than 100 gross tonnage 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 and no more than 100.
(3)For a fishing vessel less than 15 meters length overall, the fishery operator shall
obtain the replacement tonnage from at least one fishing vessel less than 15 meters
length overall of the same fishery type, or from a fishing vessel of 15 meters or above
length overall and less than 20 gross tonnage 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.
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 less than 5 gross tonnage may be used only for the replacement of fishing
vessel less than 5 gross tonnage, and shall not be used for the replacement or as
complementary tonnage of fishing vessel of 5 gross tonnage or above.
Article 15-1
Where a fishery operator obtains the replacement qualification of a fishing vessel whose
length overall is 15 meters or above and whose gross tonnage is less than 20, and applies for
building a fishing vessel before 22 March 2008, he/she may build the fishing vessel of the
same fishery type with the length overall of 15 meters or above and the gross tonnage less
than 20. The length overall of the newly-built fishing vessel shall be no more than 20
meters upon completion of building.
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 or above, with the gross tonnage of 2,000 or above.
(2)Level 2: length overall of 50 meters or above but less than 80 meters, with the gross
tonnage of 700or above but less than 2,000.
(3)Level 3: length overall less than 50 meters, with the gross tonnage of 200or above but
less than 700.
(4)Level 4: length overall less than 50 meters, with the gross tonnage less than 200.
Any fishery operator that builds a fishing vessel classified in the preceding paragraph
shall obtain the replacement qualification of a tuna purse seine vessel of the same
level. In case that the replacement tonnage is less than the fishing vessel tonnage of
the newly-built fishing vessel, the provisions on complementing the replacement tonnage
and reserving the surplus replacement tonnage as stipulated in Article 14, paragraph 1
to 3 and paragraph 8, as well as Article 15, paragraph 2, 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 replacing and building of several fishing
vessels. Tuna purse seine vessels of a smaller size level shall not be combined together
for the replacing 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
Any fishery operator intending to build a new squid jigging vessel shall obtain the replacement
qualification of a squid jigging vessel, and provisions on complementing the replacement
tonnage and reserving the surplus replacement tonnage as stipulated in Article 14, paragraph 1
to 3 and paragraph 8, as well as Article 15, paragraph 2, shall not apply. The gross tonnage of a
newly built squid jigging vessel shall not exceed 1,500.
Article 15-4
The following fishing vessels whose keels are placed or the building of which has
reached to the stage similar to placing the keel after 16 November 2020 shall meet
the requirements on accommodation as provided in Annex III of C188-Work in Fishing
Convention (hereinafter referred to as “the accommodation requirements”):
(1)Any fishing vessel whose length overall is 24 meters or above.
(2)Any fishing vessel whose length overall is less than 24 meters and engages in
distant water fisheries.
The certificate(s) proving that fishing vessels meet the accommodation requirements
shall be promulgated by the central competent authority.
Article 15-5
For the building of a fishing vessel in accordance with the accommodation requirements,
the replacement tonnage to be complemented pursuant to Article 14, paragraph 1 shall be
waived for the following spaces:
(1)For the bridge is located at upper deck: the superstructure (as shown in Appendix 1).
(2)For the bridge is located at the first deck that is above the upper deck (hereinafter
referred to as “the first deck”): the superstructure above the first deck (as shown
in Appendix 2).
The space where the replacement tonnage to be complemented is waived as referred to in
the preceding paragraph shall not be used as fish hold(s). In case of violating this
provision, in addition to the sanction(s) imposed by the competent authority pursuant to
the Act, the replacement tonnage shall be complemented for the tonnage of the fish
hold(s).
In case that the fishing vessel as referred to in paragraph 1 does not meet the
accommodation requirements upon completion of building, the replacement tonnage shall be
complemented in accordance with Article 14, paragraph 1.
For any fishing vessel built in accordance with paragraph 1 that applies for the
replacement qualification, the tonnage not to be complemented shall not be counted as the
replacement tonnage.
Article 15-6
For the building of a fishing vessel of 24 meters or above length overall and of 100 gross
tonnage or above but less than 200 in accordance with the accommodation requirements, with
the replacement qualification of a fishing vessel of 20 gross tonnage or above but less
than 100, the obtainment of the replacement qualification of a fishing vessel of 24 meters
or above length overall and of 100 gross tonnages or above pursuant to subparagraph (1) of
Article 15, paragraph 1 shall be waived.
For the fishing vessel built in accordance with the preceding paragraph, the replacement
tonnage to be complemented pursuant to Article 14, paragraph 1 shall be the replacement
tonnage of a fishing vessel of 20 gross tonnages or above but less than 100 of the same
fishery type. The replacement tonnage to be complemented for a tuna longline fishing vessel
that conducts distant water fishery shall also meets one of the following requirements:
(1)The replacement tonnage shall include the replacement qualification of at least one tuna
longline fishing vessel of the same group which operates in the same Ocean and has
obtained the distant water fisheries permit. The remaining replacement tonnage shall be
the surplus replacement tonnage of tuna longline fishing vessel(s) which has obtained the
distant water fisheries permit(s).
(2)The replacement tonnage shall include the replacement qualification of at least two tuna
longline fishing vessels which operate in the same Ocean and have obtained the distant
water fisheries permits. The remaining replacement tonnage shall be the surplus replacement
tonnage of tuna longline fishing vessel(s) which has obtained the distant water fisheries
permit(s).
For the fishing vessel as referred to in paragraph 1, the number of crew registered on its
fishing license of shall not exceed three plus that registered on the fishing license of the
fishing vessel to be replaced before these regulations were amended and became effective on
14 December 2020.
For the fishing vessel built in accordance with paragraph 1 to be replaced, the size and level
of its replacement qualification shall be the same as those of the replacement qualification
it obtained originally.
Article 16
A longline or tuna longline fishing vessel operating with a distant water fisheries permit in
the convention area of an international fisheries organization in the Pacific Ocean, Atlantic
Ocean or Indian Ocean shall not be replaced by any other fishing vessel on the vessel list of
other international fisheries 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, mutatis mutandis, apply to the
replacement tonnage to be complemented, except for any of the following scenarios where the
tonnage exceeded is not to be complemented:
(1)Structures to decrease sailing resistance and increase the buoyancy and stability of hull
are installed, so as to enhance the safety.
(2)Spaces and numbers of accommodation are increased.
(3)Modifications other than the preceding two subparagraphs, where the length overall, beam,
and depth of the vessel are not changed after modification, and, after measurement, the
tonnage increased is not more than half of the gross tonnage before the modification.
For the fishing vessel as referred to in the preceding paragraph to apply for the replacement
qualification, the tonnage not to be complemented shall not be counted as the replacement
tonnage.
Any fishing vessel that exceeds the size and level originally approved after modification
shall obtain the replacement qualification of equivalent size and level in accordance with
Article 15, and may reserve its original replacement qualification. For a fishing vessel whose
gross tonnage is 20 or above and less than 100, and which becomes a fishing vessel more than
100 gross tonnage or more than 24 meters length overall after modification, due to the scenario
stipulated in subparagraph (1) or (2) of paragraph 1, the requirement of obtaining the
replacement qualification of equivalent size and level after modification shall be waived, and
the size and level of its replacement qualification shall be the same as those of the
replacement qualification it obtained originally.
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)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.
(5)Any 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 subparagraph
(1) to (3) of the preceding paragraph when applying for the replacement
qualification.
Article 19
The replacement qualification is valid for 3 years starting 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 starting 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 a 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 fishery such as trawl fishery, tuna longline 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 a part-time
fishery until the loss of the fishing vessel or the change of fishery operator.
Notwithstanding, any of the following circumstances is not subject to this
provision:
(1)The fishing vessel is lost due to natural disaster(s), distress at sea, or
other reason(s) that the fishery operator is not hold accountable. The
fishery operator engages in fishery with a fishing vessel newly built with
the replacement qualification of the lost fishing vessel, or the fishery
operator chooses not to build a new fishing vessel but to operate an
existing fishing vessel which has been authorized to engage in part-time
gillnet fishery.
(2)The change of fishery operator resulted from succession or the transfer
between spouse or direct relative(s).
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 upon 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 types 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
Bottom gillnet fishery, drift net fishery, or drift gillnet fishery shall not be
registered on the fishing license. Where any of such fisheries 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 25-2
Fishery operators of longline fishing vessels that catch highly migratory species,
such as tunas, billfishes, and sharks, shall apply for the change of registration
to tuna longline fishery within one year after these Regulations were amended and
became effective on 14 December 2020, or when the fishery operators apply for the
issuance or renewal of the fishing license for the first time. Such a change of
registration shall be limited to only once. In case that a fishery operator fails
to apply for the change within the required timeframe, he/she shall not engage in
tuna longline fishery.
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
fishery cooperation with foreign country 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 as 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 as 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 Regulations were amended and became
effective, for any foreign flag squid jigging fishing vessel of 100 gross tonnage or
above built within the Republic of China and exported and operated by the national of
the Republic of the China, the import application 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 to be invested in or operated in accordance with the Act to Govern
Investment in the Operation of Foreign Flag Fishing Vessels , 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.
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