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英譯法規內容

法規名稱(Title) Regulations for the Issuance of Building Permit and Fishing License of Fishing Vessel Ch
公發布日(Date) 2019.06.06
法規沿革(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.
法規內文(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 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.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 being 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 apply 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 other than pole and line boote or troll line changes 
to engage in pole and line boote fishery or troll line fishery. 

In case that a fishery operator applies to build a new vessel with 
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 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 building 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 the 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 is more than the 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 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. 

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, apply. 

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 t
han 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 
Any fishery operator intending to build a new squid jigging vessel shall obtain 
the replacement qualification of a squid jigging vessel, and provisions in 
relation to complementing 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 tons.

Article 15-4
The following fishing vessels whose building are completed after June 10, 2019 
shall meet the requirements on accommodation as provided in Annex III of 
C188-Work in Fishing Convention:
(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.

For a newly-built fishing vessel that meets the requirements on accommodation 
as provided in Annex III of C188-Work in Fishing Convention, in case that the 
replacement tonnage to be complemented pursuant to Article 14, paragraph 1 
exceeds 10% or less of the replacement tonnage obtained, the shortfall within 
10% is not to be complemented but shall not be included into the replacement 
tonnage.

For any fishery operator that obtains the replacement qualification of a fishing 
vessel whose gross tonnage is 20 or above and less than 100 and intends to build 
a new fishing vessel that meets the requirements on accommodation as provided in 
Annex III of C188-Work in Fishing Convention, in case that the gross tonnage of 
the newly-built fishing vessel is more than 100 and that the tonnage exceeded is 
less than 10% of the replacement tonnage obtained, such operator is not to obtain 
the replacement qualification of a fishing vessel whose length overall is 24 meters 
or above and gross tonnage is 100 or above pursuant to subparagraph (1) of Article 
15, paragraph 1. The size and level of the replacement qualification for such a 
newly-built fishing vessel shall remain the same as those of the replacement 
qualification it obtained in the first place.

The certificate(s) proving fishing vessels specified in the preceding three 
paragraphs meet the requirements on accommodation as provided in Annex III of 
C188-Work in Fishing Convention shall be promulgated by the central competent 
authority.  

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, mutatis 
mutandis, apply to the replacement tonnage to be complemented, except for any of 
the following scenarios in which 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 paragraphs, 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.

The tonnage not to be complemented shall not be included into 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, 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 after modification due to the 
scenario stipulated in subparagraph (1) or (2) of paragraph 1, it shall not be 
subject to such provision, and the size and level of its replacement qualification 
shall remain 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)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.

 
圖表附件(Attachments)