Any person with the nationality of the ROC is not permitted to engage in fishery overseas by investing in and operating any non-ROC flagged fishing vessel, without prior authorization of the competent authority. In case of any of the following circumstances, the competent authority shall not authorize the investment and operation of any non-ROC flagged fishing vessel as referred to in the preceding paragraph, and the competent authority shall revoke the authorization that has already been granted: (1) The flag State of the non-ROC flagged fishing vessel concerned lacks mechanism in controlling and managing its fishing vessels. (2) The flag State of the non-ROC flagged fishing vessel concerned is identified as illegal, unreported, and unregulated (IUU) fishing non-cooperating country or is subject to a letter of identification for more than 2 years by other States, international fisheries organizations, or other economic integrated organizations. (3) The fishery type and fishing area of the non-ROC flagged fishing vessel concerned are under the management of an international fisheries organization and the flag State of the non-ROC flagged fishing vessel concerned is not a party or cooperating non-party to that international fisheries organization. (4) The non-ROC flagged fishing vessel concerned is listed on a IUU fishing vessel list of an international fisheries organization. Conditions for the authorization as referred to in paragraph 1, application procedures, review, conditions for revocation of the authorization, and other requirements shall be prescribed by the competent authority.

In any of the following circumstances, the competent authority shall deny the issuance of any distant water fisheries permit. For a distant water fisheries permit that has been issued, the competent authority shall adjust, limit, or revoke it: (1) Where restrictions placed by conservation and management measures are changed. (2) Where it is in response to the conclusion as a result of consultation between the ROC and other States or international fisheries organizations. (3) Where it is subject to a voluntary or interim conservation and management measure adopted by an international fisheries organization under establishment. (4) Where the country with which a fishing vessel engages in fisheries cooperation lacks mechanisms in controlling and managing foreign fishing vessels fishing in the waters under its national jurisdiction. (5) Where the country with which a fishing vessel engages in fisheries cooperation is listed on the IUU fishing non-cooperating countries list or is subject to a letter of identification for more than 2 years by other States, international fisheries organizations, or other economic integrated organizations. (6) Where it is necessary for the management of marine fisheries resources.

Any person who commits any of the following violations shall be subject to imprisonment of 3 years or under, or in lieu thereof or in addition thereto, a criminal fine of 6 million to 30 million New Taiwan Dollars: (1) Not navigating to the designated port within the required timeframe set by the competent authority pursuant to Article 18, paragraph 1 or Article 20, paragraph 2; or (2) Navigating a fishing vessel out of a port in violation of Article 21, and not navigating to the designated port within the required timeframe set by the competent authority. In case that a representative of any legal person, or an agent, employee, or other person engaged in the relevant business activities of a legal or natural person commits the violations as stipulated in the preceding paragraph in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in the preceding paragraph shall also be imposed upon the legal or natural person concerned. In case that a distant water fisheries operator or a distant water fisheries employee commits, for the first time, any of the violations as stipulated in paragraph 1, the competent authority may suspend the fishing license of the distant water fisheries operator for 2 years or under, or revoke the fishing license. In case that a distant water fisheries operator whose fishing license has been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the fishing license shall be revoked. The competent authority may impose on any distant water fisheries employee that commits, for the first time, any of the violations as stipulated in paragraph 1 the suspension of Fishing Vessel Crew Identification and Certificate of Fishing Vessel Officers for 2 years or under or revocation. In case that a distant water fisheries employee whose Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers have been suspended for violating the provisions as stipulated in paragraph 1 commits, for the second time, any of the violations as stipulated in paragraph 1, the Fishing Vessel Crew Identification and the Certificate of Fishing Vessel Officers shall be revoked.

In the event that a fishing vessel confiscated pursuant to the provisions stipulated in Article 43 is listed on a IUU fishing vessel list of any international fisheries organization, the competent authority may apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality. In the event that a fishing vessel whose fishing license was withdrawn pursuant to the Fisheries Act before the Act becomes effective and which is listed on a IUU fishing vessel list of any international fisheries organization fails to comply with the order of the competent authority to return to domestic ports within required timeframe, the competent authority may confiscate such fishing vessel, and apply to shipping authorities for re-registry of its ownership, followed by revocation of its registration and cancel of its certificate of nationality.

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).

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.

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.

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.

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.

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

Only nationals of the Republic of China may qualify as fishery operators. However, such limit is not applicable to any foreign national approved by the central competent authority to operate fisheries by means of cooperation with any fishery operator of the Republic of China.

Any person who intends to operate fishery in the public waters or non-public waters adjacent thereto shall obtain approval given and fishing license issued by the competent authority prior to the operation.

Only nationals of the Republic of China may qualify as fishery operators. However, such limit is not applicable to any foreign national approved by the central competent authority to operate fisheries by means of cooperation with any fishery operator of the Republic of China.

Any fishery operator who violates the provisions of this Act or any other regulations promulgated pursuant to this Act, the central competent authority may restrain or suspend the operator’s right to operate any fishery, or render administrative disposition of suspending his/her fishing license for not more than one year. Where the violation is considered gross, the central competent authority may withdraw the approval of the fishery operation or revoke the fishing license of the fishery operator. Any fishery employee who violates this Act or any other regulations promulgated pursuant to this Act, the central competent authority may suspend the Certificate of Fishing Vessel Officer or Fishing Vessel Crew Identification for not more than one year. Where the violation is considered gross, the central competent authority may revoke the Certificate of Fishing Vessel Officer or Fishing Vessel Crew Identification.

Where any of the following circumstances occurs, the competent authority shall revoke the approval of the fishery operation: (1) Any fishery operator who does not have any justification for not being able to undertake his/her fishery operation for more than one year as from the date of approval was given, or who suspends his/her fishery operation for more than two years without being approved from the commencement of the operation. (2) Any fishery operator who applies and is approved to operate fishery as a national of the Republic of China loses his nationality of the Republic of China. (3) Any applicant who obtains the approval of the fishery operation by fraud or illicit means.

The competent authority may alter or revoke its approval to fishing right or suspend the operation of any fishing right, if any of the following circumstances occurs: (1) Requirements of national defense. (2) Economic utilization of land. (3) Conservation of aquatic resources. (4) Requirements of environmental protection. (5) Navigation and anchorage of any vessel. (6) Laying of underwater pipelines and cables. (7) Exploration and exploitation of minerals. (8) Requirements of other public interests.

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.