Enforcement Rules of the Fisheries Act

  • Language: English
  • Year: 2015

Vessel Registration & License Management

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 7

    The division of jurisdiction for the competent authorities concerning the approval for fishing license and their fishery management mandate are as follows: (1) The central competent authority

    i. Exclusive fishing right fishery.

    ii. Set net and demarcated fishing right fisheries whose operating areas are under the jurisdictions of more than two municipalities or counties (cities).

    iii. Directed and recreational fisheries which are not under the jurisdiction of municipal or county (city) competent authorities.

    (2) Municipal competent authorities

    i. Set net and demarcated fishing right fisheries whose operating areas are under the jurisdiction of municipalities.

    ii. Directed and recreational fisheries employing fishing vessels under 100 gross registered tonnage and the locations of fishery registry are within the territory of municipalities.

    (3) County (city) competent authorities

    i. Set net and demarcated fishing right fisheries whose operating areas are under the jurisdiction of counties (cities).

    ii. Directed and recreational fisheries employing fishing vessels under 20 gross registered tonnage and the locations of fishery registry are within the territory of counties (cities).

  • Article 12

    Where the administrative disposition of suspending the fishing license, the Certificate of Fishing Vessel Officer or Fishing Vessel Crew Identification is rendered pursuant to Article 10 of the Act, the period of the administrative disposition commencement shall be calculated as followings: (1) In the case that the fishing vessel and crew members subject to the administrative disposition are in port, the period of such disposition shall commence on the date of receipt of the notice of such disposition.

    (2) In the case that the fishing vessel and crew members subject to the administrative disposition have left port, the period of such disposition shall commence on the date that the fishing vessel or crew members return to port.

  • Article 28

    When applying for a fishing license for the operation of directed fishery, an completed application form and documents prescribed below shall be submitted to the competent authority:

    1. Photocopies or transcripts of ship inspection record book, ship inspection certificate, ship registration certificate, certificate of vesselʼs nationality, small boat license or raft license.
    2. Business registration certificate and business plan shall be provided if the applicant is a company or business firm.
    3. Photographs of the fishing vessel, as well as the electronic files thereof. The Photographs shall be in full color and no older than three years.
    4. Any other documentation specified by the competent authority.

    The following information shall be recorded on the aforementioned application form:

    1. Name, address, national identification number and date of birth of the applicant;
    2. Type of fishery;
    3. Name of the fishing vessel, hull length, length overall, gross registered tonnage, net tonnage, and registration number;
    4. Engine model and horse power;
    5. Type and quantity of fishing gears;
    6. Target species;
    7. Location of fishery registry and port of landing;
    8. Certificate of the origin of the fishing vessel;
    9. Communication facilities and international radio call sign;
    10. International Maritime Organization (IMO) ship identification number for fishing vessels of 100 gross tonnages and above.

    The photograph of the fishing vessel submitted pursuant to paragraph 1, sub-paragraph (3) of this Article shall show a stem-to-stern side view of the vessel and clearly and legibly display the vessel name and International Radio Call Sign (WIN). The size of the photograph shall be 6 by 8 inches with a resolution of at least 150 pixels per inch and the size of the electronic file shall be no greater than 500 kilobytes (kB).

    Paragraph 1 shall, mutatis mutandis, apply in case of application for the renewal of the fishing license upon expiration. However, the documents prescribed in subparagraph (1) of paragraph 1 shall be waived.

  • Article 29

    The approval granted based upon directed fishery shall be valid for a term not exceeding five years. If operation is to continue, application for the renewal of the fishing license shall be filed within three months prior to its expiration.

  • Article 30

    When the competent authority approves the issuance of fishing license for directed fishery, the following information shall be recorded on the license: (1) Name, address and national identification number of the fishery operator;

    (2) License number and date of issue;

    (3) Type of fishery;

    (4) Location and region of the fishing ground;

    (5) Name of the fishing vessel, gross registered tonnage, net tonnage, hull length, length overall, registration number, and maximum number of crew member;

    (6) Engine model and horsepower, capacity of oil tank, and speed per hour;

    (7) Type and quantity of fishing gears;

    (8) Species authorized to fish;

    (9) Fishing season;

    (10) Location of fishery registry and port of landing;

    (11) Authorized period of the fishing license;

    (12) Communication facilities and international radio call sign;

    (13) IMO ship identification number for fishing vessels of 100 gross tonnages and above; and

    (14) Conditions or restrictions attached to the approval of license.

  • Article 31

    No fishery operator shall allow a third person to use his/her fishing license.