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REGULATIONS FOR FISHING VESSEL BUILDING PERMIT AND FISHERY LICENSE ISSUE

Nov. 17, 1989, Council of Agriculture, Executive Yuan 78 Nong-Yu-Tsu No. 8040367 Aformulates and issues the whole document Article 15

Dec. 24, 1990 Council of Agriculture, Executive Yuan 79 Nong-Yu-Tsu No.9040585Aorder amends and issues

Dec. 24, 1991 Council of Agriculture, Executive Yuan 80 Nong-Yu-Tsu No. 004065Aorder amends and issues name and the full document

Sep. 30, 1992 Council of Agriculture, Executive Yuan 81 Nong-Yu-Tsu No.1040799Aorder amends and issues

April 28, 1995 Council of Agriculture, Executive Yuan 84 Nong-Yu-Tsu No.4040367Aorder amends and issues name and the full document

Jan. 31, 1997 Council of Agriculture, Executive Yuan 86 Nong-Yu-Tsu No.86040026Aorder amends and issues Article 21(1), 22

Feb. 27, 1997 Council of Agriculture, Executive Yuan 86 Nong-Yu-Tsu No.86040096Aorder amends and issues Article 26

Jan. 6, 1998 Council of Agriculture, Executive Yuan 87 Nong-Yu-Tsu No.86040853 order amends and issues Article 4, 11, 14, 15, 18, and 26

Nov. 24, 1999 Council of Agriculture, Executive Yuan 88 Nong-Yu-Tsu No.88670098 order amends and issues Article 30

Oct. 18, 2000 Council of Agriculture, Executive Yuan (89) Nong-Yu-Tsu No.891321449 order amends and issues Article 11, 12, 14, 15, 18, 26; and deletes Article 22, 23

Sep. 28, 2001 Council of Agriculture, Executive Yuan (90) Nong-Yu-Tsu No.901321600 order amends and issues Article 26, and revises and augments Article 26(1), 26(2)

Article 1

The regulations are formulated for the purpose of standardizing the building, alteration , chartering, or importing of fishing vessel and obtaining the permit and license grant of fishery in accordance with Article 7 & 8 of the fisheries Act.

Article 2

The regulations are fit for the building, alteration , chartering, or importing of fishing vessel and obtaining the permit and license issue of the Directed Fisheries. The regulations are fit for the building, alteration , chartering, or importing of fishing vessel and obtaining the permit and license issue of the entertainment fishery unless there is additional management measure for the Recreational Fishery. The regulations are fit for the building, alteration , chartering, or importing of fishing vessel of Fishing Right Fishery; the license will be distributed according to the Fisheries law and fishery rights registration regulations.

Article 3

the definition of the terminologies in this regulation:

1. Fishing license: the fishing license and fishery certificate
2. Fishery type: the main fishing business registered in the license, excluding the concurrent fishing business
3. The loss of the fishing vessel: the being decomposed, sinking, being stranded, being damaged, missing, being confiscated or detained by the foreign government, and being cancelled of ship registry
4. Qualification replacement: the qualification for the fishery operator to be granted the right to build the boat of the same tons and continue to manage the same fishery type after losing, deleting, submitting and canceling the original fishing license
5. The replacement number of tons: the number of tons approved to be replaced on the cancellation of the fishing license due to the losses
6. The number of tons of the fishing vessel: the total tons measured according to the shipping measurement rules by navigation affairs department; 30% of the tonnage will be added to the fishery businesses which were measured before the amendment of the regulation according to Transportation and Navigation (71) No.1584 order, by Ministry of Transportation & Communications on July 16th 1982

Article 4

the one which conforms to any one of the following provisions may apply the issue of fishing license:

1. The fishing businessman gaining the qualification to build new fishing vessel after replacement of the old ones
2. The fishing businessman being granted the right to build the fish transportation vehicles above 2000 tons
3. The fishing businessman being approved to import fishing vessel by the central government authorities
4. The fishing businessman accepting or renting other's fishing vessel
5. The fishing businessman changing fishery type on the basis of the current fishing vessel on approval
6. The fishing businessman engaging in fishery training, experiment and paroling by using the fishing vessel on being approved

Article 5

the applicant for changing the fishing license should apply three months before the expiry, except the cases mentioned below:

1. The one who applies to the authorities in advance for postponing changing the license and is approved may apply right before the expiry of the approved duration.
2. The one who is approved for business suspension by the authorities should apply before the business restoration at the completion of the closedown. The authorities will punish the applicant who applies for change after the expiry of the license according to the fishery laws.

Article 6

the fishing businessman accepting other’s fishing vessel should apply the issue of the license within one month after the shipping ownership is changed by the navigation affairs department.

Article 7

the fishing license should record any changes and the business should apply for registration change within one month of the change by attaching the certifying documents. In case of the change of the fishery operator , veddel name or fishery type, the application must be made for license change.

Article 8

on the loss of the fishing vessel, the fishery operator should apply to cancel the fishing license by attaching the certifying documents, the boat registration cancellation certificate by the navigation affairs department authorities and the original fishing license. The competent authorities will directly cancel the fishing license in case of the confiscation, or selling abroad of the fishing vessel.

Article 9

the fishing operator gaining the replacement qualification of the old shipping, but not building the new ships should apply for the fishery type that has the same management and replacement qualification on the basis of the existing fishing vessel. The existing fishing vessel that gained the replacement qualification according to the original fishery type should be kept its replacement qualification under the original fishery type.

Article 10

any one of the following cases may directly apply for the change of the fishery type:

1. The coral fishery, shellfish and testacean fishery, submarine equipment fishery is changed to manage fishery other than trawl
2. The change of double-boat trawling fishery into single-boat trawling fishery

Article 11

the fishery businessman will not be allowed to apply for the change of the approved fishery type within two years. No change of fishery type is allowed for the imported fishing vessel except the imported fishing vessel under III of the Entry I, Article 26, which will be managed according to the provisions of the above two Articles.

Article 12

the provisions for the mutual change or concurrent operation of the fishing vessel of the directed fisheries, rcereational fishery and fishing right fishery are as below:

1. The operation or concurrent operation of other fishery type may be applied for the directed fisheries shipping except the fishing vessel for purse net and catch transportation ship.
2. The operation or concurrent operation of other fishery type cannot be applied for the fishing vessel for rcereational fishery unless the vessel is of more than 15 years old and has been reconstructed on the approval of the authorities-in-charge.
3. The application for operation change may be made for the fishing vessel for fishing right fishery, but not for the concurrent operation of other fishery. When the application for the change of fishery type is made for the rcereational fishery vessel, or the application for directed fisheries made for the fishing vessel for fishing right fishery, coral fishery, shellfish and testacean fishery, submarine equipment fishery, trawling fishery, or any other fishery announced as the limited type by the central competent authority should not be allowed.

Article 13

the fishing vessel for the directed fisheries, full time rcereational fishery and fishing right fishery may be mutually replaced and built again. When the fishing vessel for the full time rcereational fishery and the fishing right fishery are replaced by that for the directed fisheries, no coral fishery, shellfish and testacean fishery, submarine equipment fishery, trawling fishery, or any other fishery announced as the limited type by the central competent authority is allowed.

Article 14

while the fishing operator applies the shipping replacement and construction qualification with two or more vessels, and the replaced tonnage is less than the newly built tonnage, the shortage should be made up except the difference is less than one ton. When the replaced tonnage is one ton more than the newly built tonnage, it should be kept; the reserved number of tons can only be used to make up the shortage of other fishing vessel, not for the increase of building new ship; the reserved replacement number of tons is valid one year from the verified date for reservation. When the replacement number of tons is supplemented by the reserved part, or the fishery type other than purse boat and fish transportation vehicles according to the said supplement provision, the supplemented number of tons for the replacement should not be more than 49% of the tonnage of the newly built fishing vessel. When the fishing operator applies for the fishery type change of the current fishing vessel according to the Entry 1, Article 9, and the replaced number of tons is less or more than that of the current fishing vessel, the provisions in 1st to 3rd Entry may be applied. When the fishing operator builds fish transportation vehicles or purse boats, the tonnage should not be less than that of the original fishing vessel, and the Entry 2 is not applicable for this either. The replaced number of tons should not be used for the replacement of the fishing shipping for other fishery type or the supplementation of the replaced number of tons. When the fishing businessman builds the fishing boat more than 100 tons, or applies the operation change of the fishery type for the current fishing boats of more than 100 tons in the replacement qualification according to the Entry 1 of Article 9, the applicant should gain the replacement of at least 100 tons of the fishing vessel for the same fishery type, and the provisions in Entry 1 to疝3 may be applied to the shortage or the extrAtons. For the fishing operator applying for importing fishing vessel of new fishing style and the entertainment fishery, the number of tons to be replaced is the fishery type other than purse vessel and fish transportation vehicles.

Article 15

when the tons of the fishing vessel are increased upon the verification and reconstruction, the replaced number of tons should be made up except the difference is less than one ton. The total tonnage of the fishing vessel below 100 tons should not exceed 100 tons after reconstruction.

Article 16

the applicant for reservation of replacement qualification should attach the following documents:

1. The original fishing license
2. The cancellation document of ship registry for replaced fishing vessels
3. The certifying documents for the reduction of the fishing vessels
4. Other specified documents or data

Article 17

the replacement qualification is valid within 3 years from the reduction date of the fishing vessel. In case that the fishing vessel is detained by the foreign government, or it has been already completely punished or remitted upon verification by the competent authority, or it has not received any court decision after being detained for two years, the replacement qualification will be valid in 3 years from that day that the vessel owner completes the cancellation of the vessel registry with the Navigation Affairs Department. The replacement qualification reservation approved according to the Entry 2 of Article9 will be valid within 3 years from the approval date.

Article 18

any one of the following cases cannot apply for the reservation of the replacement qualification:

1. No reduction of the fishing vessels
2. The applicant being refused to issue license due to any one case under Article 28.
3. The validity of the fishing license or the approved close-down period is already expired
4. The applicant who has not gained the replacement qualification for importing the fishing vessel of new fishing style after the construction restriction announcement by the central authorities on November 17th 1989
5. The owner of the fishing vessel did not properly manage the stranded boat, which affected shipping navigation, or polluted the oceanic environment.

Article 19

the application for building new vessel should be made before the expected decomposition of the current fishing vessel. The old vessel should be decomposed and the original license cancelled before the new vessel is completed and the application is made for fishing license.

Article 20

the main fishery business Articles such as trawling, longline, cuttlefish fishing , skipjack, tunApurse net, and purse net should not be registered as the concurrent business. The verified concurrent business in theses fields should be changed into main businesses upon applying for change of license. Thecompetent authority may directly cancel the registered concurrent business if no application is available.

Article 21

no new fishing license for coral fishery, shellfish and testacean fishery, and submarine equipment fishery will be issued except the change of license upon the expiry of the original one. The applicant for the reservation of the replacement qualification in the said Article should choose to build the fishing vessel for other fishery type.

Article 21- 1

no restriction is made for the fishery type of the fishing vessel less than 5 tons. But the operation of the fishery such as coral fishery, shellfish and testacean fishery, submarine equipment fishery, and trawling fishery should be managed according to the concerned provisions of this regu疝ation.

Article 22

(deleted)

Article 23

(deleted)

Article 24

no more that one main fishery business is allowed to be registered in license and three types for the concurrent business.

Article 25

the approved shipping to be built should be completed and the application for fishing license be made within two years after the approval. The approval will be regarded invalid upon the exceeding the time limit. In case that the vessel shell is completed and the main equipment such as the main engine, second engine are purchased, the application for one-year extension for construction may be made before the completion of the two - year duration.

Article 26

no fishing vessel is to be imported from foreign country unless one of the following cases exists:

1. The fishing vessel with new fishing style and examined and approved by the central authorities-in-charge as Aspecial case
2. The fishing vessel specially for the entertainment fishery
3. The completion of the fishing vessel in the fishery cooperation with foreign country approved by the central competent authorities; or the returned fishing vessel being exported to other country through special case
4. The fishing vessel in accordance with the provisions under Article 26-1 & 26-2

Article 26-1

the manager of the longline fishing vessel of more than 100 tons that was constructed in Taiwan and exported to other country and registered as foreign vessel but managed by our people, during the period from January 1st 1994 to January 28th 2000, will gain the replacement number of tons for Alongline fishing vessel of more than 100 tons with the approval of the central competent authority. The shortage will be made up by the number of tons for longline boat or the shipping for other fishery type. The offer in advance may be adopted in the management of the replacement number of tons for the longline fishing vessel of more than 100 tons in the last Article. The fishing vessel offering replacement number of tons in advance should be decomposed before December 31st 2005(called standard date here-in-after, except the following cases:

1. the one who has gained replacement number of tons before the basic standard date according to the last Article
2. The one who has gained the offered replacement number of tons by another longline fishing vessel of more than 100 tons before December 31st 2003 and the shortage tons has been supplemented by the replacement number of tons of the longline or other type of fishing vessel. And the replacement should be made only once according to this regulation.

Article 26-2

any one of the following cases may apply for gaining the sufficient replacement number of tons according to Article 24:

1. The longline fishing vessel that of more than 100 tons that was constructed in Taiwan and exported to other country and registered as foreign vessel but managed by our people, during the period from January 1st 1994 to January 28th 2000, and has been completed the registration with the central competent authority, but has not been applied according to the fifth case in the last Article.
2. The longline fishing vessel that of more than 100 tons that was constructed in Taiwan and exported to other country and registered as foreign vessel but managed by our people, during the period from January 29th 2000 to the validity starting date of the amendment of this regulation

Article 27

the fishing businessman should apply to the original issuing department for change or supplementation issue of the license by attaching the certifying documents in case of the loss or damage of the fishing license.

Article 28

no fishing license should be issued in any one of the following cases:

1. The cancellation of the license by the fishery department-in-charge
2. The fishing vessel is confiscated by the court, customs due to illegal actions including smuggling
3. Accepting the fishing vessel that is not permitted for import by the central fishery department-in-charge
4. Operating the forbidden or restricted fishing business according to the fishery laws, listed in Article 10
5. Being under the punishment of taking back the fishing license
6. Having not paid the fine putting on according to the fishery laws
7. Having not applying for the change of license in the specified time at the notice of the department-in-charge after the expiry of more than one year
8. Having not received punishment by the department-in-charge on the violation of the fishery laws or the orders issued according to the said laws before the change of the current owner of the fishing boat

Article 29

refer to the attached Table for the fee required for applying the issue, change and make-up issue of the fishing license according to Article 7 of the fishery laws.

Article 30

the central or city government department-in-charge will formulate additional rules for the fishing business operated through sampan and raft, the replacement and construction, and reconstruction. But coral fishery, shellfish and testacean fishery, submarine equipment fishery, trawling fishery should not be operated.

Article 30-1

this regulation will be in execution from the release date.