Regulations for the Issuance of Building Permit and Fishing License of Fishing Vessel

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.

Fishery operator: the fishing right holders, the fisheries access privilege holders, or any other persons who engage in fisheries operation in accordance with the provisions of this Act

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pursuant to these Regulations engages in fisheries with the acquisition of a fishing vessel whose fishing license has been revoked by the central competent authority.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.

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.

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, one may apply for the renewal 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.

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.

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.

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.

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.

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.
2. The change of fishery operator resulted from succession or the transfer between spouse or direct relative(s).

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.

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.

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.

Fishing vessel approved to be built shall complete the building and apply for fishing license within five years after the approval. In case that the completion of the building is past the timeframe, the approval shall be deemed as invalid

In case that, before the expiry of the deadline for building a fishing vessel, the building is unable to complete or is combined with other vessel(s), the building may proceed after applying to the competent authority for approval for transferring to other person(s) or combining with other vessel(s). The deadline for completion of building shall be as follows:

1. For the building that transfers to other person(s): the deadline is as originally approved by the competent authority.
2. For the building that combines with other vessel(s): the deadline is the longest one among all the vessel(s) combined for building, as originally approved by the competent authority.

For any fishing vessel whose approved deadline for building is not expired before the promulgation of the amendments of these Regulations on 5 July 2023, it shall complete the building and apply for fishing license within five years starting from the original approved date.

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.

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.