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.
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