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Enforcement rules of the fisheries act

Amended and Promulgated by Order of Council of Agriculture, Executive Yuan,on November 30, 1991(AF0156369A) Amended and Promulgated by Order of Council of Agriculture, Executive Yuan,on January 31, 2000(AF891201414)

• Article 1

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

• Article 2

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

• Article 3

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

• Article 4

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

• Article 5

  The term "reconstruction" referred to in the first paragraph of Article 8 of the Act shall denote any of the following circumstances:

  • 1. Change of the length, width and depth of a fishing boat;
  • 2. Installation of the major and donkey engines, or change of the type or horsepower of such engines; and/or
  • 3. Change of the structure or equipment of a fishing boat for the change of the usage of the fishing boat or of the type of fishery being operated.
• Article 6

  An application for construction or reconstruction of fishing boats shall be filed with the relevant competent authority as below:

  • 1.The base of fishing boat located in county/city: The application shall be filed with the county/city competent authority if the fishing boat is less than 20 tons, with the central competent authority if it is 20 tons or above.
  • 2.The base of fishing boat located in municipal: The application shall be filed with the municipal competent authority if the fishing boat is less than 100 tons, with the central competent authority if it is 100 tons or above.
  The above application shall include the following documents:
  • 1. Three copies of the application form, which shall specify the following:
    • a) name, ID No and address of the applicant;
    • b) name of the fishing boat;
    • c. type of fishery being operated, fishing area and port of registry;
    • d. proposed gross tonnage;
    • e. main dimension of the boat;
    • f. materials of the hull;
    • g. name and address of the boat builder;
    • h. country of the builder of the major and donkey engines, type, brand name, maximum continuous horsepower, number of cylinders, radius and rate of gyration of the cylinders; and
    • i. projected date of start-up and completion for launching.
  • 2. Four copies of drawing of the fishing boat (including general layout, central cross section and linear plan) and building manuals (not required for sampans, fishing rafts and fishing boats with a wooden hull of less than ten tons).
  • 3. An application for re-construction shall also be attached with the vessel inspection logbook or small boat license.
  • 4. Other documents announced by the central competent authority to be attached to the application.
• Article 7

  The division of management and responsibilities of the competent authorities in the issuance of fishing permits is as follows:

  • 1. Central Competent Authority
  • (1) Exclusive fishing right fishery with operating waters within the province and set-net and sectional fishery with operating waters covering at least two counties/cities.
  • (2) Fishing right fishery operating in the waters covering at least two provinces/municipalities
  • (3) Recognized and recreational fisheries which excluded the municipal or county/city competent authority.
  • 2. Municipal Competent Authority
  • (1) Fishing right fishery with operating waters within the municipality.
  • (2) Recognized and recreational fisheries using fishing boats with gross tonnage of less than 100 tons and the bases of the fishing boats are located in the municipal.
  • 3. County/City Competent Authority
  • (1) Set-net and sectional fisheries with operating waters within the county/city;
  or
  • (2) Recognized and recreational fisheries using fishing boats with gross tonnage of less than 20 tons and the bases of the fishing boats are located in the county/city.
• Article 8

  An application for operating fishing right fishery shall be filed with the municipal or county/city competent authority at the location of the fishing area accordingly.

  An application for operating recognized and recreational fisheries shall be filed with the municipal or county/city competent authority of the place of registry of the fishing boat concerned.

• Article 9

  Only the following can be the applicants to operate fishery:

  • 1. The capital contributor shall be the applicant in case of a sole proprietorship;
  • 2. One of the representatives shall be the applicant in case of a partnership;
  • 3. The statutory representative of the legal entity shall be the applicant in case of a company or business firm;
  • 4. The statutory representative shall be the applicant in case of a public institution or fisheries research institute; or
  • 5. The statutory representative shall be the applicant in case of a fishermen association or fishery production cooperative.
• Article 10

  An application to import a fishing boat shall be attached with the following documents and filed with the central competent authority for approval through the municipal or county/city competent authority of the place of registry of the fishing vessel concerned:

  • 1. Application form;
  • 2. Photocopy of the certificate of nationality issued by the exporting country of the fishing vessel;
  • 3. Valid certificate proving the vessel safety inspection has been duly passed; and
  • 4. Drawing of fishing vessel layout.
• Article 11

  An application to export a fishing boat shall be submitted with the following documents and filed with the central competent authority for approval through the municipal or county/city competent authority of the place of registry of the fishing vessel concerned:

  • 1. Application form;
  • 2. Two photocopies of fishing permit;
  • 3. Two photocopies of the certificate of nationality or small boat license; and
  • 4. Two photocopies of the purchase and sales agreement.

  The above application shall be subject to the approval of the municipal or county/city competent authority if the fishing boat concerned is less than 20 tons.

• Article 12

  The sanctions by way of recalling a fishing permit or license or fishing crew manual of the officers and crew pursuant to the Article 10 of the Act shall be valid for a period as follows:

  • 1. If the fishing vessel and crew subject to the sanction are still in the port and if the above permit, license or manual is surrendered within the time limit prescribed in the notice of sanction, the sanction shall be valid from the date of receipt of such notice; otherwise, the sanction shall become valid from the date when the permit, license or manual is surrendered.
  • 2. If the fishing vessel and crew subject to the sanction have departed from the port, the sanction shall become valid from the date of the above surrendering upon their return to the port.
• Article 13

  Upon the setting up of a fisheries advisory committee in accordance with Article 13 of the Act, the competent authority shall seek the advice of such committee with regard to the following matters:

  • 1. Overall planning in regard to structural adjustment and management system of fishery;
  • 2. Comprehensive use of fishing area;
  • 3. Overall planning of fishing right fishery;
  • 4. Priority and disputes regarding approval of fishing right fishery;
  • 5. Change of the type and operating location of fishing right fishery;
  • 6. Approval and revocation of fishing right, and matters pertaining to administrative action on such right;
  • 7. Designation of the type of recognized fishery, term of operation, operating waters, total number and tonnage of fishing vessels, and other relevant matters; and
  • 8. Conservation and management of fishery resources.
• Article 14

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

• Article 15

  The plan to be drafted in accordance with Article 17 of the Act shall include the type of fishery, scope of fishing area, fishing period, anticipated quantity to be approved, period of public notice, period of application and other relevant matters.

  If necessary, the central or county/city competent authority may allocate a budget to the relevant organizations or academic institutions commissioned to study and be in charge of the drafting or adjustment of the overall plan under the first paragraph of Article 17 of the Act and the plan under the preceding paragraph.

• Article 16

  The plan drafted or adjusted by the central or county/city competent authority in accordance with the preceding article shall be published for 30 days for public review at the hsiang/town/city/district and fishermen's association at the place of the fishing area.

  During the above period of public review, interested parties may submit their comments to the competent authority in writing, with name, address and occupation stated. After the plan has been duly reviewed and approved, the competent authority will forward such comments to the superior authority to be placed on file for future reference.

• Article 17

  After approving the plan in accordance with the preceding article, the central or county/city competent authority shall publish a public notice with respect to the acceptance of applications for fishing right fishery permits at the hsiang/town/city/district and fishermen's association at the place of the fishing area before July of each year.

  The period of the above public notice shall not be less than 30 days.

• Article 18

  An application to operate fishing right fishery shall be attached with the following documents:

  • 1. Three copies of application form, which shall specify the items as follows:
  • a. Name, address, ID No and occupation of the applicant;
  • b. Type and name of fishery to be operated;
  • c. Location, zone and size or scope of fishing area (specifying size of the fishing area shall be waived if set-net fishery is to be operated);
  • d. Type and amount of fishing gear;
  • e. Target species; and
  • f. Fishing period
  • 2. Three copies of map of fishing area (the main geographical co-ordinates of the fishing area and relevant bearings and distance from land, and size of the nets and tools shall be specified);
  • 3. Three copies of business plan;
  • 4. If the applicant is a partnership, the partnership contract shall be submitted. If it is a company, a photocopy of the certificate of incorporation registration shall be submitted. If it is a fishermen association or fishery production cooperative, three copies of the minutes regarding resolutions of the members representatives plenary meeting shall be submitted.
  • 5. If the zone or waters of the fishing area within which fishery is to be operated is owned or occupied by another person, three copies of the letter of consent issued by that person shall be submitted.
  • 6. An application to operate exclusive fishery shall be accompanied by three copies of draft fishing rules and regulations specifying the following:
  • a. Qualifications of the person allowed to seek permission to fish in specific waters;
  • b. Area and period of fishing in specific waters;
  • c. Fishing methods used in fishing in specific waters; and
  • d. Other requirements to be met.
• Article 19

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

• Article 20

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

• Article 21

  The fishing right permit issued by the competent authority for fishing right fishery shall specify the following material facts:

  • 1. Name, address and ID No of the fishing right holder;
  • 2. Approval number and date of approval;
  • 3. Type and name of fishery being operated;
  • 4. Location, zone and size or scope of fishing area;
  • 5. Target species;
  • 6. Fishing period;
  • 7. Validity period of the fishing right; and
  • 8. Conditions or restrictions imposed upon approval.
• Article 22

  If operation is to continue upon the expiration of the fishing right permit, an application for new permit shall be filed within six months prior to the expiration.

  When the above permit becomes null and void, the fishing right shall extinguish at the same time.

• Article 23

  Any one waiving fishing right shall apply to the original issuing authority for de-registration. If other rights are registered in relation to said fishing right, written approval shall be submitted.

• Article 24

  A fishing right holder shall, within three months of its acquisition of a fishing right permit, complete set-up of markings of datum points on land for surveying the fishing area.

  After completion of the establishment of a fishing area for fishing right fishery, an application shall be filed with the competent authority for inspection and for a map of the fishing area.

  If with respect to the markings set up under the first paragraph, new markings need to be set up or re-set up, an application, with reasons stated, shall be filed with the competent authority concerned for approval. Upon the extinguishment of the fishing right, the fishing right holder shall remove the markings and facilities of the fishing area.

• Article 25

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

• Article 26

  Applicants for the permission under Article 35 of the Act shall specify the following material facts:

  • 1. Name and address of land owner or user
  • 2. Location and scope
  • 3. Purposes of use
  • 4. Period of use
  • 5. The fact that consent is not granted
  • 6. Other necessary material facts
• Article 27

  The designation of and restrictions on the recognized fishery, and the change thereof, under Articles 36 and 37 of the Act shall be published in a public notice by the municipal or county/city competent authority after being approved by the central competent authority.

• Article 28

  Application for operation of recognized fishery shall be attached with the following documents and filed with the competent authority concerned:

  • 1. Three copies of application form specifying the following material facts:
  • a. Name, address and ID No of the applicant;
  • b. Type of fishery;
  • c. Location and area of fishing ground;
  • d. Name, gross tonnage, net tonnage, uniform No and number of crew of the fishing boat;
  • e. Type and horsepower of the engine as well as the capacity of oil tank and hourly speed;
  • f. Type and quantity of fishing implements;
  • g. Target species;
  • h. Fishing period;
  • i. Fishing base and port of catch loading and unloading;
  • j. Name, date of birth and nationality of the captain, and the license No of officers and crew;
  • k. Certificate of origin of the fishing boat;
  • l. Refrigerating and freezing ability and capacity of the fishing boat;
  • m. Main fishing and navagational apparatus and equipment;
  • n. Communication equipment;
  • o. Operating period being sought; and
  • p. Written approval issued by the competent authority
  • 2. Three photocopies or transcripts of boat inspection logbook, boat inspection certificate, small boat license or raft license; and
  • 3. Those applying as a company or business firm shall submit a photocopy of the certificate of incorporation registration and three copies of business plan.
• Article 29

  The maximum period of approved recognized fishery shall be limited to five years. If operation is to continue, application for renewal of the fishing permit shall be filed within three months prior to the expiration.

• Article 30

  The fishing permit issued by the competent authority for recognized fishery shall specify the following material facts:

  • 1. Name, address and ID No of the fishery person;
  • 2. Approval number and date of approval;
  • 3. Type of fishery to be operated;
  • 4. Location and area of fishing ground;
  • 5. Name, gross tonnage, net tonnage, uniform No and number of crew of the fishing boat;
  • 6. Type and horsepower of the engine as well as the capacity of oil tank, and hourly speed;
  • 7. Type and amount of fishing implements;
  • 8. Target species;
  • 9. Fishing period;
  • 10. Fishing base and port of catch loading and unloading;
  • 11. Validity of fishing permit;
  • 12. Communication equipment and international call number; and
  • 13. Conditions or restrictions imposed upon granting the approval
• Article 31

  No fishery person shall allow a third person to use his fishing permit.

• Article 32

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

• Article 33

  Neither fishery persons nor fishing professionals may perform any of the following conducts when fishing or operating:

  • 1. Performing non-fishery acts against the Act;
  • 2. Violating the restriction imposed by the competent authority on the operation period and number of crew in operation;
  • 3. Selling or using fishing power oil for other purposes; or
  • 4. Entering foreign waters illegally.
• Article 34

  A fishing person who blocks the migration path of an anadromous fish for fishing operation shall reserve at least one-fifth of the waters as such path.

• Article 35

  Both fishery persons and fishing professionals shall fill in fishery reports and other relevant materials in accordance with the regulations of the competent authority.

• Article 36

  The central competent authority may authorize the municipal or county/city competent authority to handle its business.

• Article 37

  These Rules shall become effective as of the date of their being promulgated.