Article 1

These Regulations are established pursuant to Article 41, paragraph 5

and Article 43 of the Fisheries Act.

Article 2

The activities of recreational fishery stipulated in these Regulations

mean the following activities that a recreational fishing vessel carries

passengers on board or to islands or reefs to engage in:

1.      Harvesting aquatic animals or plants.

2.      Watching fishing operations.

3.      Watching natural environment and wildlife.

4.      Whale watching.

A recreational fishing vessel authorized by the competent authority may

be offered for use in aquatic (fisheries) resources research, marine

environment research, fisheries management, marine engineering projects,

release of fish fry, and deployment and maintenance of artificial reefs.

The fishing gear and method used in the activities referred to in

paragraph 1, sub-paragraph 1 shall be restricted to rod lining, pole

and line, and trolling.

Article 3

Passengers referred to in paragraph 1 of the preceding Article shall

not include:

1.      Staff with fishing vessel crew identification who work

on a recreational fishing vessel.

2.      Persons in distress at sea who were rescued by the captain

under obligation.

3.      Persons who embark on a vessel in an illegal manner that

can not be stopped by the captain or owner of that vessel.

4.      Persons who cannot leave the vessel due to performance of

official duties for extraordinary incidents.

Article 4

A recreational fishing vessel stipulated in these Regulations means

an existing fishing vessel that engages in part-time recreational

fishery, or is remodeled or to be built as replacement to engage

in the activities of recreational fishery.

Article 5

Fishing vessels engaged in recreational fishery shall be over 1 gross

ton.

Sampans and fishing rafts shall not engage in recreational fishery.

However,for public waters of certain depth with natural barriers such

as lagoons, the competent authority of the government of the municipality

or city(county) may establish autonomous regulations for sampans and

fishing rafts to engage in part-time recreational fishery in designated

water areas.

Article 6

A recreational fishing vessel under 10 gross tons may be built provided

that replacement tonnage of three sampans or fishing rafts has been

obtained.

Article 7

The maximum number and tonnage categories of recreational fishing

vessels in every fishing port are set out in Attached Table 1.   

Article 8

Any person who intends to operate recreational fishery shall fill in

and submit an application form along with the following documents for

issuance of a recreational fishery license to the competent authority

in charge.       

1.      The professional certificate of fishing vessel officer or

the license of power-driven boat.

2.      Crew members’ basic safety training certificates.

3.      Copies of telecommunication equipment certificates.

4.      Copies of liability insurance and personal injury insurance

contracts.

5.      Copies of the record for ship inspection, ship inspection

certificate or license of small boat.

6.      In the case of a newly-built vessel, the letter of ship

building permission.

7.      In the case of a fishing vessel engaged in part-time

recreational fishery, a copy of the fishing license for directed

fishery.

8.      If the applicant is a company or store, its registration

certificate and business plan.

9.      A document proving that the ALC has been tested to be

capable of automatically transmitting positions by the Overseas

Fisheries Development Council of the Republic of China, and a copy

of a document proving that advance payment of current year cost of

communication has been made. However, these documents may be

exempted in the case of a recreational fishing vessel which is free

from the installation of an ALC pursuant to Article 14, paragraph

1 or 2.

Article 9

The competent authority of the government of the municipality or city

(county) may designate islands or reefs for passengers to conduct

recreational fishery activities, and establish autonomous regulations

for recreational fishery activities on islands or reefs.

Any recreational fishing vessel which intends to carry passengers to

islands or reefs for recreational fishery activities shall do so only

after the competent authority of the government of the municipality

or city (county) administering the islands or reefs has issued an

approval, with a copy to the competent authority administering the

vessel, and annotated the recreational fishery license for approval.

When the competent authority of the government of the municipality or

city (county) administering the islands or reefs referred to in the

preceding paragraph withdraws, revokes or changes its approval to a

recreational fishing vessel, it shall immediately inform the competent

authority administering the vessel and amend or cancel the annotations

of approval on the recreational fishery license.

Article 10

A recreational fishery license shall contain the following information:

1.      The fishery operator’s name, address and national

identification card number. If the fishery operator is a company

or store, its name, main office or operation site, and its

representative’s name, address and national identification

card number. 

2.      Items of recreational fishery activities approved for

operation.

3.      Vessel’s name, registration number, gross tonnage and net

tonnage, length and overall length.

4.      Type and horsepower of engine, fuel tank capacity and

navigation speed.

5.      Telecommunication equipment.

6.      Safety equipment.

7.      Number of crew, maximum number of passengers and homeport

of the vessel.

8.      Activity area.

9.      Additional requirements for approval.

10.  Date and order number of approval.

11.  Valid period of the license.

12.  Islands or reefs approved for carrying passengers to visit.

In the event of any change in the information referred to in the

preceding sub-paragraphs, the fishery operator shall apply for change

registration to the competent authority by submitting supporting

documents.

Article 11

(Deleted)

Article 12

For a recreational fishing vessel over 20 gross tons, its officers

shall have fishing vessel officer professional certificates.

For a recreational fishing vessel under 20 gross tons, its captain

shall meet one of the following qualifications:

1.      Having a commercial power-driven boat license.

2.      Having both a deck officer professional certificate and an

engineer officer professional certificate.  

3.      Having a deck officer professional certificate, with a crew

member having an engineer officer professional certificate.   

The captain and chief engineer referred to in the preceding two paragraphs

shall have the certificate of basic safety training. A senior crew member

shall not act for the captain or chief engineer. Any change of officers

or pilot shall be reported to the competent authority for perusal.

Article 13

From 1 April 2014, the minimum safe manning of a recreational fishing

vessel shall comply with the requirements of the Attached Table 2.

Article 14

A recreational fishing vessel shall install an automatic location

communicator (ALC), a double side band (DSB) radio telephone and an

emergency position indicating radio beacon (EPIRB) designated by the

competent authority of the central government. Where its telecommunication

range is beyond 24 miles from the fishery radio station (hereinafter

referred to as “radio station”), the recreational fishing vessel

shall install additionally a single side band (SSB) radio telephone,

which shall be operated by a radio operator with a valid certificate.

However, installation of ALC may be exempted in one of the following

cases:

1.      Sampans and fishing rafts.

2.      Vessels under 5 gross tons.

In one of the following cases, a recreational fishing vessel may be

exempt from installing an ALC after obtaining the approval from the

competent authority of the central government, through the competent

authority of the municipality or city (county).

1.      The vessel is over 5 but under 10 gross tons. 

2.      Except whale watching, the vessel does not engage in other

recreational fishery activities, or is not offered for any use

referred to in Article 2, paragraph 2.

3.      The vessel is over 10 gross tons and engages in marine

life watching in coral reef area with each voyage less than 4 hours.

For recreational fishing vessel exempt from installing the ALCs as

approved by the competent authority of the central government pursuant

to the preceding paragraph, if the vessels meet one of the following

situations, the competent authority of the central government may revoke

their exemption:

1.      Vessels in violation of Article 21, paragraph 2 that have

been punished by the competent authority.

2.      A recreational fishing vessel referred to in sub-paragraph

3 of the preceding paragraph with each voyage is exceeding 4 hours.

Article 15

Prior to departure of a recreational fishing vessel, its fishery operator

or captain shall comply with the following provisions:

1.      Data on weather and marine conditions shall be collected and

explained to passengers. Where local weather forecast shows winds

equal to or greater than force 7 on the Beaufort Scale or adverse

weather or marine conditions, which could cause safety concerns to

passengers, the vessel shall not depart.

2.      The vessel may depart only after it has undergone a thorough

check, an orientation for lifesaving equipment has been given to

passengers, and passengers have put on their lifesaving jackets. 

3.      Where the recreational fishing vessel carries passengers to

islands or reefs, information on the geography and environment of

the islands or reefs and safety rules shall be explained to passengers.

And passengers shall be required to wear, where appropriate, safety

equipment depending on environmental characteristics.

4.      Embarkation and disembarkation instructions, safety on board

and rules for recreational fishery activities shall be explained to

passengers and marked in a noticeable place on board.

5.      Maximum number of passengers and number of crew shall be marked

in a noticeable place above the pilot seat and on both sides of the

hull of the vessel.

6.      The ALC shall be switched on and transmit vessel positions to

the local radio station, and telecommunication equipment shall be

maintained functional in accordance with Article 16. 

Article 16

For a recreational fishing vessel that has installed an ALC on board, the

ALC shall be switched on 2 hours prior to departure and its condition shall

be checked with the radio station. The vessel shall not depart until the

relevant authority of Coast Guard has checked and confirmed with the radio

station that the ALC on board is switched on and functional.

After departure, the ALC on board the recreational fishing vessel referred

to in the preceding paragraph shall be maintained operational and transmit

positions to the radio station hourly. After return to port, the vessel

may switch off the ALC only after notifying the radio station. 

When the radio station cannot receive positions from the ALC on board

a recreational fishing vessel, it shall immediately report to the competent

authority of the central government, which shall order the vessel to return

to port for repairing. Before entry into port, the vessel shall report its

positions to the radio station by the telecommunication equipment in every

30 minutes. After entry into port, the vessel shall not depart until the

ALC is repaired.

Cost of communications of the ALC on board a recreational fishing vessel

shall be borne by the fishery operator.

Article 17

Before embarking on a recreational fishing vessel, a passenger shall

provide his or her national identification card, passport or any other

identity-proving document to the fishery operator or the captain for

making a list of people on board.   

A recreational fishing vessel may depart from the port only after the

fishery operator or captain have submitted the information form on

voyage plan and the list of people on board to the relevant authority

of Coast Guard Administration stationed in that port.           

Article 18

The fishery operator shall obtain liability insurance. The scope and

minimum coverage amount shall be as follows:

1.      Death and injury: NT$ 2 million per person.

2.      Accident: NT$ 2 million multiplied by maximum number of

passengers and number of crew.

Article 19

The fishery operator shall obtain personal injury insurance for all

crew members and passengers on their behalf. The minimum coverage

amount shall be NT$ 2 million per person.

The fishery operator shall post the amount and the contents of the

personal injury insurance referred to in the preceding paragraph in

a noticeable place on board, addressing them in the tickets or

chartering contract.

Article 20

The captain and pilot of a recreational fishing vessel shall comply

with the following requirements:

1.      Shall not take passengers to islands or reefs not contained

in the recreational fishery license’s annotations of approval.

2.      Copies of the recreational fishery license, liability and

personal injury insurance policies shall be posted in a noticeable

place on board.

3.      Shall not engage in any business activities other than

recreational fishery.

4.      While passengers left vessel to conduct recreational fishery

activities, the vessel shall be moored waiting nearby, unless approved

otherwise by the competent authority. Unless approved otherwise by

the competent authority for any extraordinary incident, the vessel

shall return to port with all passengers on board.

5.      Other compliance requirements pursuant to relevant regulations.

When a recreational fishing vessel takes passengers out to sea for

harvesting aquatic animals or plants, the fishery operator or captain

shall fill in and submit the catch logbook or daily logbook of the current

month to the competent authority of the government of the municipality or

county (city) for perusal by the end of the following month.

Article 21

Each voyage of a recreational fishing vessel shall not exceed 48 hours.

The area of recreational fishery activities shall be restricted to the

areas within 30 miles of the coast of Taiwan’s main island and Penghu,

within 12 miles of the coast of Pengjia Islet, Green Island and Lanyu,

and the islands between the offshore islands.

For operation of recreational fishery in Kinmen and Matsu area, the

fishery operator shall use locally-registered recreational fishing vessels.

The autonomous regulations relating to the time and area of operation for

the recreational fishery is stipulated by the competent authority of the

local government in consultation with relevant authorities.

Article 22

Recreational fishing vessels shall only enter into or departing from its

homeport. However, for those approved by the competent authority to use

another port for operation, entry or departure, they shall be allowed to

enter or depart from that port during the approval period.

With regard to the port approved by the competent authority for operation,

entry and departure of the recreational fishing vessel referred to in the

preceding paragraph, in the case that the port is beyond the jurisdiction

of the competent authority, prior approval shall be obtained from the

competent authority administering the port through coordination.

During a necessary voyage between its homeport and port approved by the

competent authority, a recreational fishing vessel shall not engage in any

recreational fishery activity.

Article 23

The competent authority of the government of the municipality or county

(city) may establish whale watching rules or guide the fishery operators

to establish a convention on self-regulation.

The fishery operator or captain of a recreational fishing vessel carrying

passengers for whale watching shall place whale watching rules or the

convention on self-regulation in a noticeable or easily accessible spot

on board for passengers.

Article 24

Before a recreational fishing vessel carries passengers to engage in

activities of recreational fishery, in the event of one of the following

circumstances, the competent authority shall impose punishment pursuant

to relevant regulations and promptly prohibit the vessel’s departure

from port.

1.      Application has not been made for inspection, measurement and

registration as required.

2.      Number of passengers on board exceeds maximum number of

passengers.

3.      A recreational fishery license has not been obtained.

4.      The crew members and pilot do not have the certificate or

license as required by Article 12, paragraph 1 and 2.

5.      Failure to install qualified lifesaving, fire fighting and

telecommunication equipments as required.

6.      Manning of the vessel does not comply with Article 13.

7.      Failure to install an ALC on board in accordance with Article

14.

8.      Failure to transmit vessel positions to local radio station

or maintain telecommunication equipment functional in accordance with

Article 15, sub-paragraph 6.

9.      Failure to obtain insurance in accordance with Article 18

or 19.

The competent authority of the central government may commission the

relevant authorities of Coast Guard Administration to enforce inspections

and prompt prohibition referred to in each sub-paragraph of the preceding

paragraph.

Article 25

These Regulations shall enter into force on the date of promulgation.