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Chapter 1 General Principles
Article 1
This Act is enacted to conserve and rationally utilize aquatic
resources, to increase fisheries productivity, to promote sound
fisheries development, to guide and assist the recreational
fishery, to maintain the orderly operation of the fisheries, and
to improve the livelihood of fishermen.
Matters not covered by this Act shall be governed by the
provisions of other acts and regulations.
Article 2
For the purpose of this Act, the term “competent authority” or
"competent authorities" means the Council of Agriculture of the
Executive Yuan at the central government, municipal governments
at municipalities, and county/city governments at counties/cities.
Article 3
For the purpose of this Act, the term “fishery” or “fisheries”
means the industries of catching/harvesting, or of cultivating
aquatic organisms, as well as the associated industries of
processing, transportation, and marketing.
Article 4
For the purpose of this Act, the term “fishery operator” means
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.
For the purpose of this Act, the term “fishery employee” means
any crew members of fishing vessels or any other persons who
catch/harvest, or cultivate aquatic organisms for any fishery
operator.
Article 5
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.
Article 6
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.
Article 7
The competent authority may collect fees from applicants for the
issuance of fishing licenses. The guidelines of granting license
and the amount of the fees shall be prescribed by the central
competent authority.
Article 7-1
The competent authorities at all levels shall not issue fishing
licenses in the event that any of the following circumstances
occurs:
(1) Any fishery operator whose fishing license has been revoked
by the fisheries competent authorities.
(2) Any fishery operator whose vessels are forfeited by the courts
or confiscated by the customs for engaging in illegal
activities such as smuggling.
(3) Any fishery operator who assumed a vessel that is imported
without permission from the central competent authority.
(4) Any fishery operator who is presently restrained or suspended
the right to operate any fishery in accordance with Article 10
of this Act.
(5) Any fishery operator whose fishing license is under the
administrative disposition of suspension.
(6) Any fishery operator who has not paid for the pecuniary fine
in accordance with this Act.
(7) Any fishing vessel whose previous fishery operator violates
the provisions of this Act or regulations promulgated pursuant
to this Act before the alteration of vessel ownership takes
place, but who has yet been imposed punishment by the
competent authorities.
Article 8
The building, modification, or chartering of any fishing vessel
used by a fishery operator for the fishery operation shall obtain
permission from the competent authority.
The exportation or importation of any fishing vessel shall obtain
permission from the competent authority before being processed in
accordance with regulations provided by the competent trade
authorities.
The qualifications, conditions, application procedure and any
other standards to be followed for the building, modification or
chartering of any fishing vessel as referred to in paragraph 1,
and the rights of exportation and importation as referred to in
the preceding paragraph, shall be prescribed by the central
competent authority.
Article 9
For the purposes of exploiting or conserving aquatic resources, or
for the need of public interests, the competent authority may
impose restrictions or conditions when giving approval to any
fishery operation.
Article 10
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.
Article 11
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.
Without stating justification and being approved by the competent
authority, any fishery operator shall not suspend his fishery
operation for more than one year. When the suspension ceases, the
operator shall report the resumption of fishery operation to the
competent authority for perusal. Any unreported case shall be
considered as not resumed.
Article 11-1
Any fishery operator’s fishing vessel whose fishing license or
approval of fishery operation has been revoked, shall not leave
port, except those have re-applied and been granted for fishing
license by the competent authorities.
Any fishery operator’s fishing vessel, whose fishing license has
been suspended or the right to operate fishery has been restrained
or suspended, shall not leave port during the period of such
administrative disposition.
Where any fishing vessel has left port before the punishment
imposed by the central competent authority pursuant to Article 10,
paragraph 1 or Article 11, paragraph 1, or leaving port in
violation of the provisions of the preceding two Paragraphs, the
central competent authority shall command the vessel to return to
port within the designated time limit.
Where any fishing vessel leaving port in violation of the
provisions of paragraph 1 or 2, the central competent authority
may commission the authority of Coast Guard to take appropriate
measures to prevent the vessel from leaving port or command it to
return to port immediately; In case of any resistance, the
authority may take compulsory measures.
Article 12
For the purposes of maintaining the orderly operation of fishing
vessels and safety of navigation and operation, the central
competent authority shall prescribe regulations on the management
of crew members of fishing vessels.
Article 13
For the purposes of adjusting the fisheries structure, the
competent authority may establish a fisheries advisory committee,
which consists of experts, scholars, fisheries associations, and
officials from relevant government agencies. The fisheries
advisory committee shall be organized, functioned, and operated in
accordance with regulations prescribed by the central competent
authority.
Article 14
The competent authority shall, by the types of fishery,
respectively adopt and promulgate regulations on the facilities of
fishing grounds, methods of catching, harvesting and cultivating,
as well as on fishing gears and any other matters as deemed
necessary.
Chapter 2 Fishing Right Fishery
Article 15
For the purpose of this Act, the term “fishing right” means any
of the following rights:
(1) Set net fishing right: the right to set up underwater rocky
cliffs, build fences or install fishing gears within a
specific water area for catching or harvesting aquatic
animals.
(2) Demarcated fishing right: the right to partition a specific
water area for operating aquaculture.
(3) Exclusive fishing right: the right to use a specific water
area to form a fishing ground for fisheries access privilege
holders to operate one of the following fisheries:
(a) Catching or harvesting aquatic organisms.
(b) Aquaculture.
(c) Catching or harvesting aquatic animals with anchored
fishing gears within the waters at a depth of twenty-five
meters or less.
Only fishermen’s associations or fisheries production
cooperatives can qualify as exclusive fishing right holders as
referred to in the preceding paragraph.
Article 16
For the purpose of this Act, the term “fisheries access privilege
” means the right to operate fishery within the area of the
authorization of exclusive fishing right.
Article 17
The competent authority shall, according to the production of
fishery resources and taking into account minerals exploration and
exploitation, navigation, irrigation, environmental protection,
and other public interests, make an integrated plan with respect
to the fishing right fishery in public waters and shall elaborate
and regularly publicize relevant programs annually, as well as
accept applications for fishing rights.
The programs as referred to in the preceding paragraph may be
revised according to practical needs, and the revision shall be
promulgated.
Article 18
Set net and demarcated fishing rights shall be granted in
accordance with the following order of priority:
(1) Any fishery operator or fishery employee whose household
registered in the township/town /city /district where the
fishing ground is located.
(2) Any fishermen’s association or fishery production
cooperative registered in the township /town /city /district
where the fishing ground is located.
(3) Any fishery operator or fishery employee whose household
registered in the municipality /county /city where the fishing
ground is located.
(4) Any fishermen’s association or fishery production
cooperative registered in the municipality/county/city where
the fishing ground is located.
(5) Any non-fishery operator or non-fishery employee whose
household registered in township town/city/district where the
fishing ground is located.
(6) Any non-fishery operator or non-fishery employee whose
household registered in municipality/county/city where the
fishing ground is located.
(7) Any fishery operator or fishery employee whose household
registered in other municipalities/counties/cities.
(8) Any non-fishery operator or non-fishery employee whose
household registered in other municipalities/counties/cities.
Any fishery operator applying for continuous operation before the
expiration of his fishing right shall not be subject to limit of
the order of priority as referred to in the preceding paragraph.
Article 19
Any fishermen’s association or fishery production cooperative
approved to operate exclusive fishing right shall draft rules on
fisheries access and report to the competent authority for
approval.
Fisheries access undertaken by any non-member of fishermen’s
association or fishery production cooperative shall be concluded
by a contract separately.
Article 20
The fishing right shall be considered as a right in rem. Except as
this Act otherwise provides, the provisions of the rights in rem
of real property in the Civil Code shall, mutatis mutandis, apply.
Article 21
The creation, acquirement, alternation, and loss of fishing right
will not effect until the recordation has been made.
In rendering administrative disposition pursuant to Articles 10,
11 and 29 regarding set net fishing right, demarcated fishing
right and exclusive fishing right, the competent authority shall
also register such administrative disposition to the respective
fishing right.
In processing the registration of fishing rights, the competent
authority may charge the applicant registration fees. The
regulations on registration and the amount of fees shall be
prescribed by the central competent authority.
Article 22
In matters regarding to fishing rights whose jurisdiction residing
in court for the place where the real property is located, the
place where the real property is located should be the
municipality or city/county whose coast closest to the fishing
ground.
Article 23
Exclusive fishing right shall not be the subject of any other
rights or juridical acts other than entitling the holders to have
fisheries access.
Article 24
Set net fishing right and demarcated fishing right shall not be
the subject of any other rights or juridical acts except for
succession, transfer, and mortgage.
Article 25
Unless approved by the competent authority, no mortgage shall be
created over the fishing right as referred to in the preceding
article, nor shall such right be transferred unless otherwise
arises out of a compulsory execution and the approval of the
competent authority has been duly granted.
A fishery operator or fishery employee shall be preferred to be
the transferee of the compulsory execution and the transfer as
referred to in the preceding paragraph.
Except as otherwise provided in a contract, the working articles
grounded within a fishing ground over which a mortgage has been
registered shall be deemed as the subject of the mortgage created.
Article 26
Except as the competent authority otherwise approves, the fishing
right shall neither be merged nor subdivided.
Article 27
Unless consented by at least two-thirds of the other joint-holders
who hold their respective percentage shares, the joint-holders of
set net fishing right, demarcated fishing right or fisheries
access privilege shall in no event dispose of their respective
percentage shares.
The provision of the preceding paragraph shall, mutatis mutandis,
apply to the fishing right jointly held by public bodies.
Article 28
The term of fishing rights shall be as follows:
(1) Set net fishing right: 5 years.
(2) Demarcated fishing right: 5 years.
(3) Exclusive fishing right: 10 years.
Upon the expiration of the term as referred to in the preceding
paragraph, the fishing right holder may be preferred to apply for
renewing the respective right.
Article 29
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.
Before rendering any administrative disposition as referred to in
the preceding paragraph, the competent authority shall publicize
such disposition in advance and notify all fishery operators
concerned.
Where the administrative disposition as referred to in paragraph
1, cause any loss to the fishery operator, the relevant competent
authority or the party claiming alteration, revocation, or
termination shall reconcile the operator to make appropriate
compensation for the losses. Should the reconciliation fails, the
central competent authority shall decide the content of the
compensation.
Article 30
The fishery access privilege shall not be the subject of other
rights or juridical acts except for succession and transfer.
Article 31
The term of a fishery access privilege that is not specified shall
be valid for a term as that of an exclusive fishing right.
Article 32
An exclusive fishing right holder may collect fishery access fees
from fishery access privilege holders. The amount of the fees
shall be enunciated in the rules or the contract of fishing
access.
Article 33
The fishing right holder may, with the consent of the land owner
or land user, utilize the land or limit the removal of bamboo,
timber, soil and stones from the land, if it is deemed necessary
for the followings:
(1) To build signs of the fishing ground.
(2) To build or maintain necessary signs within the fishing
ground.
(3) To build beacons or other necessary facilities relating to
fishing right.
Article 34
For the purposes of fisheries survey, site investigation, or the
building of facilities as referred to in any subparagraph of the
preceding article, the fishing right holder may, with the consent
of the land owner and land user, access to the land or remove any
obstruction from the land.
Article 35
If any of the circumstances as referred to in the preceding two
Articles is deemed as necessary but fails to obtain consent, the
fishing right holder may apply to the competent authority for
approval and take the said action after the approval is granted.
In case that approval is granted, the competent authority shall
publicize it and notify the said land owner and user. Any loss
incurred should be borne by the applicant through appropriate
compensation.
Chapter 3 Directed Fisheries
Article 36
For the purpose of this Act, the term “directed fishery” means
the fishery authorized by the competent authority for the use of
fishing vessels to catch or harvest aquatic organisms for
commercial purposes.
The authorizations of fishery operation as referred to in the
preceding paragraph shall include the types of fishery, operating
period and operating areas, and such items shall be stipulated in
the fishing license.
Article 37
The competent authority may impose restrictions on respective
directed fishery regarding the total number and tonnage of the
fishing vessels, operating areas, operating period and other
matters, if any of the following circumstances occurs:
(1) Conservation of aquatic resources.
(2) Adjustment of fisheries structure.
(3) Restriction of international fisheries agreements or
fisheries cooperation with foreign countries.
Article 38
Where the restrictions imposed in accordance with the provisions
of the preceding Article on the total number of fishing vessels
within respective directed fishery requires the reduction of the
approved number of fishing vessels, the fisheries association of
the particular directed fishery shall coordinate with the
operators for the reduction. The operators who continue their
operation shall compensate those who are restricted. Provided that
those fishing vessels imposed restrictions may operate other types
of fishery, no compensation needs to be given. Should no
coordination be reached, the competent authority shall mediate
between the relevant operators, and make a decision at its
discretion if such mediation fails.
Where the restrictions as referred to in the preceding paragraph
cause termination of the fishery operation and revocation of the
fishing license, the competent authority shall make appropriate
compensation accordingly.
Article 39
Any fishery operator whose fishing vessels and crew members
operate in foreign bases shall obtain approval from the central
competent authority. The central competent authority shall
prescribe regulations governing such operations.
Article 39-1
Where a fishing vessel whose operating areas approved by the
central competent authority contain the high risk areas being
threaten by pirates or illegal armed force, the fishery operator
may hire privately contracted armed security provided by the
private maritime security corporations.
The fishery operator as referred to in the preceding paragraph
shall report to the central competent authority for perusal with
enclosure of relevant documents for each vessel. The central
competent authority shall forward such information to the Ministry
of Interior, Ministry of Finance, and Coast Guard Administration
of Executive Yuan.
The fishery operator shall request the employed privately
contracted armed security who is not a national of the Republic of
China to embark or disembark the vessel abroad with the firearms,
ammunitions or knifes possessed or used by him/her, and shall not
enter into the territory of the Republic of China other than the
fishing vessel that has been reported for perusal to be
safeguarded.
The high risk areas of threat as referred to in paragraph 1 shall
be promulgated by the central competent authority.
The procedures of reporting for perusal, documents required to be
attached such as the fishing licenses, employment plan and
insurance plan, the regulations governing the management of
privately contracted armed security and the firearms, ammunitions
or knifes possessed or used by them, the record of use and other
requirements as addressed in paragraph 2, shall be prescribed by
the central competent authority.
The central competent authority shall integrally collect the
relevant information on private maritime security corporation for
reference to the fishery operator.
Article 40
For the purposes of meeting the need of fisheries development and
promoting fisheries cooperation with foreign countries, the
central competent authority shall prescribe rules governing
fisheries cooperation with foreign countries.
Article 40-1
Fishing vessels which intend to fish on the high seas or
convention areas regulated by international fisheries
organizations which the Republic of China has joined with
agreements or arrangements shall obtain authorization from the
central competent authority, and shall comply with management
measures adopted by such international fisheries organizations.
Any of the fishing vessel referred to in the preceding paragraph
shall not conduct any of the following activities:
(1) Operating driftnet fishery on the high seas or convention
areas regulated by international fisheries organizations which
the Republic of China has joined with agreements or
arrangements;
(2) Fishing during closed season or in closed area promulgated by
international fisheries organizations;
(3) Providing its own catch certificate documents for other
fishing vessels, or using catch certificate documents of other
fishing vessels for selling catches caught by itself.
The qualifications for authorization, terms and conditions,
required documents, procedures for application, management
measures adopted by international fisheries organizations with
respect to the following matters, as addressed in paragraph 1 of
this Article, and other requirements shall be prescribed by the
central competent authority:
(1) The total number, tonnage and equipment of fishing vessels;
(2) Operating areas and periods;
(3) Fishing gears, methods, and mitigation measures for bycatch;
(4) Restriction or prohibition on catch species;
(5) Catch limit or quota;
(6) Filling in logbooks and catch reports;
(7) Marking of fishing vessels and fishing gears, and reporting
of vessel positions;
(8) Disposal of catches and management of landing;
(9) Observation or inspection on fishing vessels operation;
(10) Issuance of catch certificate documents.
Fishing vessels shall not transport catches caught by other
vessels nor allow other vessels to transport catches caught by the
fishing vessels themselves without authorization. The
qualifications for authorization, terms and conditions, required
documents, procedures for application, notification and procedures
for transshipment of catches, inspection and other requirements
shall be prescribed and implemented by the central competent
authority, taking into consideration the management measures
adopted by international fisheries organizations.
Article 40-2
The nationals of Republic of China, when employed on board foreign
fishing vessels, shall not conduct any of the activities set forth
in Article 40-1, paragraph 2 and 4, and shall not contravene
management measures adopted by international fisheries
organizations with respect to any subparagraph stipulated in
paragraph 3 as well as notification and procedures for catches
transshipment and inspection provisions of paragraph 4 of the same
Article.
Chapter 4 Recreational Fishery
Article 41
For the purpose of this Act, the term "recreational fishery" means
the fishery using fishing vessels for recreational purposes, or
for passengers to catch or harvest aquatic organisms or to engage
in sightseeing on the water or on islands or islets.
Any fishery operator engaging in recreational fishery as referred
to in the preceding paragraph shall apply to the competent
authority and can only operate after the license is granted.
The operating period of recreational fishery approved by the
competent authority shall not be more than five years, and shall
not exceed the validity period of vessel inspection and insurance.
Any fishery operator as referred to in paragraph 2 intends to
continue its operation shall apply for the renewal of license at
least three months prior to its expiration.
The regulations on the application, alternation, abolishment,
renewal of fishing license for recreational fishery and other
matters should be recorded on the license as addressed in
paragraph 2, shall be prescribed by the central competent
authority.
Article 41-1
The inspection, measurement, certified passenger quota, navigable
waters, and other compliance matters of full-time or part-time
recreational fishing vessels, shall be subject to the regulations
prescribed by the shipping administration authority on passenger
ship and passenger small ship.
Any recreational fishing vessels shall not carry passengers in
excess of the passenger quota certified pursuant to the preceding
paragraph, and shall not carry passengers outside the navigable
waters specified pursuant to the preceding paragraph.
Article 41-2
Any fishery operator of recreational fishing vessel shall
subscribe to liability insurance in accordance with the amount
provided by the central competent authority, and shall subscribe
to insurance covering injuries to passengers.
The beneficiary of the insurance policy as referred to in the
preceding paragraph shall be limited to the insured party or
his/her legal heir(s), without being subject to Article 135 of the
Insurance Act applying mutatis mutandis to Article 105 and Article
107 of the same act.
Upon expiry of the insurance as referred to in Paragraph 1, the
fishery operator shall obtain renewal.
Article 42
The recreational fishery operator shall obtain the consent of the
exclusive fishery right holder and comply with the rules
prescribed by the said holder prior to operate within the waters
covered by the exclusive fishing right. The exclusive fishing
right holder cannot withhold his consent without justification.
Article 43
Regulations governing the items of activities, methods of catching
or harvesting aquatic organisms, time limit of being out at sea,
operating areas, numbers of fishing vessel, tonnage and length of
fishing vessel, procedures on the entering and leaving port for
fishing vessels, qualifications of fishing vessel officer or
pilot, and other requirements, shall be prescribed by the central
competent authority.
Chapter 5 Conservation and Management
Article 44
For the purposes of resources management and fisheries structure
adjustment, the competent authority may promulgate regulations on
the following matters:
(1) Restriction or prohibition of the catching, harvesting, or
processing of aquatic organisms.
(2) Restriction or prohibition of the sale or possession of
aquatic organisms or the products made therefrom.
(3) Restriction or prohibition of the use of fishing gears and
fishing methods.
(4) Restriction or prohibition of fishing area and fishing
period.
(5) Restriction or removal of any object obstructing the
migratory routes of aquatic animals.
(6) Restriction or prohibition of placing or dumping of objects
harmful to aquatic organisms.
(7) Restriction or prohibition of placing or removal of
protective objects necessary for the propagation of aquatic
organisms.
(8) Restriction or prohibition of transplantation of aquatic
organisms.
(9) Other matters as deemed necessary.
Any fishery operator violating any provisions of subparagraph 4 to
9 of the preceding paragraph, shall be imposed with administrative
disposition by the authority that made the promulgation.
The municipal or county (city) competent authorities shall report
to the central competent authority for approval prior to any
promulgation pursuant to the provisions of paragraph 1.
Article 45
For the purposes of conserving aquatic resources, the competent
authority may designate and establish on aquatic organisms
propagation and conservation zone.
The establishment of aquatic organisms propagation and the
conservation zones shall be subject to the approval of the
municipal competent authority. In the case of the county(city),
the competent authority shall submit a management plan of the
conservation zones to the central competent authority for approval
and promulgate the establishment after being approved. In case of
the establishment of conservation zone involving two or more
provinces (municipalities), it shall be reported to the central
competent authority for approval.
The municipal/county/city competent authority with jurisdiction
over the conservation zone shall be responsible for the management
of the conservation zone. Where the jurisdiction over the waters
on which the conservation zone established is extended over two or
more provinces/municipalities/counties/cities or is not clear, the
central competent authority shall appoint an agency to manage the
conservation zones.
Article 46
For the purposes of conserving aquatic resources, the competent
authority may undertake survey on respective directed fishery
regarding its catch volume, operation conditions and sea
conditions.
In undertaking the investigation as referred to in the preceding
paragraph, the competent authority may request the fishery
operator or fishery employee to submit a report on catch volume,
operation period, fishing gears, fishing methods and other
relevant reports. The fishery operator or the fishery employee
shall not refuse.
Article 47
The regulations governing the conservation and management of
aquatic resources shall be drafted by the central competent
authority and submitted to the Executive Yuan for approval.
Article 48
Aquatic organisms shall not be caught or harvested by the use of:
(1) Toxic substances.
(2) Explosives or other dynamites
(3) Electricity or other narcotics.
The restrictions provided in the preceding paragraph shall not
apply to those for experimental and research purposes and with
permission from the central/municipal competent authority.
Article 49
When the competent authority deems necessary, it may designate an
officer to the fishing vessel or other relevant sites of the
fishery operator to inspect the operator’s catch, fishing gears,
account books, and other objects, as well as to question any
relevant party who shall not refuse.
In carrying out the inspection as referred to in the preceding
paragraph, where the officer finds any offense of crime regarding
fisheries but is not in the position to request the judicial
authority to proceed with search or attachment, the officer may
provisionally seize the fishing vessel, the catch, or any other
object that may serve as evidence of the crime committed. In case
that any other violation of the provisions of this Act is found,
the catch, the fishing gears and other objects may be sealed.
The seizure or seal undertaken in accordance with the preceding
paragraph shall be witnessed by any person in charge of the
fishing vessel or the site, or any other civil servant. An
inventory shall be made in respect of the objects attached or
sealed.
In carrying out the inspection, the officer as referred to in
Paragraph 1 shall produce his/her identification and the
authorization specifying the scope of inspection. Failure to do
so, the person to be inspected may refuse such inspection.
Article 50
Where any dispute arises concerning the operation areas, fishing
grounds, or the methods of catching, or aquaculture, the fishery
operator may apply to the competent authority for mediation.
Article 51
Where there are more than one fishing methods used within the same
fishing ground, the competent authority may, in consultation with
fishery operators, prescribe rules for operation.
Chapter 6 Fishery Development
Article 52
For the purposes of facilitating accommodation of fisheries fund,
the competent authority shall, in consultation with the
authorities concerned, consult with financial institutions in
providing various fishery loans.
Whenever necessary, the financial and the fisheries competent
authorities may approve the establishment of fisheries financial
institutions.
Article 53
For the purposes of promoting fisheries investment and assuring
fisheries security, the competent authority shall coordinate with
the authorities concerned to conduct various fisheries insurance
programs, or shall designate fishermen’s associations or consult
with public or private insurance institutions to undertake the
programs.
Article 53-1
For the purposes of protecting fishermen's lives and property
safety, the competent authorities may prescribe regulations
regarding salvage operations for fishing vessels in maritime
distress, succors for fishermen and fishing vessels in distress,
awards to motor-powered vessel owners, and insurance to fishermen
in their sea operations.
Article 54
For the purposes of assuring fishery security and maintaining the
orderly operation within fishing areas, the competent authority
shall conduct the following matters:
(1) The construction and maintenance of fishing ports and
fisheries infrastructures.
(2) The disposition of patrol fleets to perform the duties of
salvage, patrol, and fishery protection.
(3) The establishment of fisheries radio broadcasting stations.
(4) The establishment of safety facilities such as beacons, sign
poles and weather forecasting systems.
(5) The prescription of regulations governing the operation of
fishing grounds and fishing vessels.
(6) The requisition to the Ministry of Defense and other
authorities concerned for necessary assistance and protection.
Article 55
The competent authority may provide awards or incentives to those
who have performed any of the following:
(1) Improving facilities which are conducive to fisheries safety
and salvage.
(2) Improving fishing vessels, fishing gears, fishing methods or
processing methods of fisheries products, with remarkable
result.
(3) Promoting fisheries education or conducting fisheries
research, with remarkable result.
(4) Exploiting fisheries resources which are conducive to
fisheries development.
(5) Any other performance with significant contribution to
fisheries development.
The regulations governing the awards and incentives as referred to
in the preceding paragraph shall be prescribed by the central
competent authority.
Article 56
For the purposes of promoting fisheries development, the
government shall establish fisheries development fund. The
competent authority shall propose the amount of the said fund to
the Executive Yuan for approval, and duly appropriate its budget
accordingly.
The Executive Yuan shall prescribe regulations governing the
incomes and expenditures, custody and utilization of the fisheries
development fund.
Article 57
For the purposes of coping with price fluctuation of fisheries
products and stabilizing the market of fisheries products, the
competent authority may take applicable guiding measures to
maintain the stabilization of price and sustainable development of
industries.
Article 58
Fishing vessels, fishing gears, or materials for fishing imported
for the purposes of fisheries production, shall be exempted from
or reduced from import duties in case such items are not
manufactured domestically or the quantity of those domestically
manufactured is insufficient to meet the demand. Any item imported
by fisheries research institutes for experimental and research
purposes shall be exempted from import duties.
The Executive Yuan shall decide and promulgate those items
eligible for exemption or reduction of import duties and the
applicable criteria as referred to in the preceding paragraph.
Article 59
Fuel for powered equipment used in fisheries shall be exempted
from commodity tax. The Executive Yuan shall decide the standard
of preferential price of the fuel for powered equipment used in
fisheries.
Chapter 7 Penal Provisions
Article 60
Any person who violates the provisions of any subparagraph of
Article 48, paragraph 1 shall be subject to imprisonment for a
period of not exceeding five years, short-term imprisonment, or in
addition thereto a fine of not exceeding one hundred and fifty
thousand New Taiwan Dollars.
Any person who violates the rules promulgated by the competent
authority pursuant to subparagraph (1) and (2) of Article 44,
paragraph 1 shall be subject to imprisonment not exceeding three
years, short-term imprisonment, or in lieu thereof or in addition
thereto a fine of not exceeding one hundred and fifty thousand New
Taiwan Dollars.
Article 61
Any person who violates the rules promulgated by the competent
authority pursuant to Article 44, subparagraph (3) shall be
subject to imprisonment not exceeding six months, short-term
imprisonment, or in lieu thereof or in addition thereto a fine of
not exceeding thirty thousand New Taiwan Dollars.
Article 62
Any person who undertakes any of the following activities shall be
liable to short-term imprisonment or in lieu thereof a fine of not
exceeding one hundred and fifty thousand New Taiwan Dollars:
(1) Altering the fishing vessel’s name or the registration
number.
(2) Removing, vitiating, or destroying the signs on any fishing
grounds or fishing gears.
(3) Setting up fences, buildings, or any fishing gears to
obstruct the migratory routes of fish without permission.
Article 63
Where the representative of a juridical person, the agent or
employee of a juridical person or natural person, or any other
employee, in performing his duty, violates the provisions of
Articles 60 to 62, the offender shall be punished pursuant to the
provisions of the respective article. In addition thereto, the
relevant juridical person or natural person shall be imposed with
a fine for the amount as specified in the relevant article.
Article 63-1
In case of any of the following circumstances, the central
competent authority shall impose punishment on fishery operators
and fishery employees pursuant to Article 10:
(1) Violating Article 40 for fishing in waters of foreign
countries without authorization of the central competent
authority.
(2) Violating Article 40-1, paragraph 1, for fishing on the high
seas or convention areas regulated by international fisheries
organizations which the Republic of China has joined with
agreements or arrangements without the authorization of the
central competent authority.
(3) Violating any subparagraph of Article 40-1, paragraph 2.
(4) Violating provisions of Article 40-1, paragraph 4, for
fishing vessels transporting catches caught by other vessels
or allowing other vessels to transport catches caught by the
fishing vessels themselves without authorization,
In case of any of the following circumstances, the central
competent authority shall impose on fishery operators and fishery
employees a fine between thirty thousand and three hundred
thousand New Taiwan Dollars, or punishment pursuant to Article 10:
(1) Violating management measures adopted by international
fisheries organizations with respect to any subparagraph of
Article 40-1, paragraph 3.
(2) Violating the notification and procedures for catches
transshipment and inspection provisions stipulated in Article
40-1, paragraph 4.
Article 63-2
Any national of Republic of China, when being employed on foreign
fishing vessels and violating Article 40-2, shall be subject to a
fine between thirty thousand and six hundred thousand New Taiwan
Dollars.
Article 64
Any person who undertakes any of the following activities shall be
liable to a fine of between thirty thousand and three hundred
thousand New Taiwan Dollars:
(1) Operating fisheries in violation of the provisions of Article
6.
(2) Violating the administrative disposition imposed by the
competent authority pursuant to Article 29, paragraph 1.
(3) Continuing to operate fisheries after his fishing license has
expired and application for renewal of the license has not
been duly approved.
(4) Not being inspected or measured pursuant to provisions of
Article 41-1, or carrying passengers in excess of the assenger
quota or outside the navigable waters as certified.
Article 64-1
Where any fishing vessel leaving port in violation of the
provisions of Article 11-1, paragraph 1 or 2, the fishery operator
or vessel owner shall be liable to a fine of between sixty
thousand and three hundred thousand New Taiwan Dollars.
Where any fishing vessel that does not return to port within the
designated time limit pursuant to Article 11-1, paragraph 3, the
fishery operator or vessel owner shall be liable to a fine of
between sixty thousand and three hundred thousand New Taiwan
Dollars, and the fine may be repeatedly imposed on a daily basis.
Article 64-2
Any fisheries operator who undertakes any of the following
activities shall be liable to a fine of between sixty thousand and
three hundred thousand New Taiwan Dollars:
(1) Violating the provisions of Article 39-1, paragraph 2, for
hiring privately contracted armed security without reporting
to the central competent authority for perusal in advance.
(2) Violating the provisions of Article 39-1, paragraph 3, for
that the privately contracted armed security who is not a
national of the Republic of China and employed by the fishery
operator, does not embark or disembark the vessel abroad with
the firearms, ammunitions or knifes possessed or used by
him/her, or enters into the territory of the Republic of China
other than the fishing vessel that has been reported for
perusal to be safeguarded.
Article 65
Any person who undertakes any of the following activities shall be
liable to a fine of between thirty thousand and one hundred and
fifty thousand New Taiwan Dollars:
(1) Violating the restrictions or conditions imposed pursuant to
Article 9.
(2) Violating matters as promulgated pursuant to Article 14.
(3) Violating the provisions or restrictions pursuant to Article
36 or Article 37.
(4) Failing to apply for license pursuant to Article 41,
paragraph 2.
(5) Failing to renew the license and continuing to operate
recreational fisheries in violation of the provisions of
Article 41, paragraph 4.
(6) Violating any of the provisions of subparagraph (4) to (9) of
Article 44, paragraph 1.
(7) Refusing, evading, or obstructing an inspection carried out
pursuant to Article 49, paragraph 1, or refusing to answer to
the officers’ queries without good cause or making false
statement.
(8) Violating the regulations prescribed pursuant to Article 54
subparagraph (5).
(9) Violating the orders issued by the competent authority
pursuant to this Act.
Article 66
Any person who undertakes any of the following activities shall be
liable to a fine of between fifteen thousand and seventy-five
thousand New Taiwan Dollars:
(1) Violating the provisions of Article 11, paragraph 2 in
suspending operation for more than one year without approval.
(2) Refusing, evading or obstructing the inspection carried out
pursuant to Article 46, paragraph 1, or violating the
provisions of Article 46, paragraph 2 by refusing to submit a
report.
(3) Violating the rules for operation prescribed pursuant to
Article 51.
Article 67
Fines imposed in accordance with this Act not paid within the
designated time limit shall be transferred to the court for
compulsory execution.
Article 68
In addition to the punishment imposed pursuant to Article 60,
Article 61, Article 62, subparagraph (3), Article 63-1, Article
64, and Article 65, subparagraph (1) to (3), (6) to (8), the
catches or fishing gears involved may also be confiscated or
forfeited. In addition to the punishment imposed pursuant to
Article 63-1, paragraph 1, the fishing vessels involved may also
be forfeited. In case the whole or part of such catch, fishing
gears, or fishing vessels cannot be confiscated or forfeited, the
value of such catch, fishing gears or fishing vessels shall be
collected.
Chapter 8 Supplementary Provisions
Article 69
The regulations for registration and management of inland
aquaculture shall be prescribed by the municipal/county/city
competent authority.
The municipal/county/city competent authority may plan and set up
an aquaculture production area in which the environment is
appropriate for developing aquaculture or presently fish farms
concentrated. The regulations for the establishment and management
shall be prescribed by the central competent authority.
Any aquatic organisms that involved in genetic breeding and
transference shall run prior field tests and safety assessments
before promotion and utilization. The regulations on the field
test and breeding management of genetic bred and transferred
aquatic organisms shall be prescribed by the central competent
authority.
Article 69-1
In the event that the Republic of China has signed fisheries
agreement (or arrangement) for the overlapping exclusive economic
zones with any neighboring country, any fishing vessel and
fisheries employee of that country operating in the area within
the agreement (or arrangement), shall comply with the requirements
of that agreement (or arrangement).
The requirements of the agreement (or arrangement) as referred to
in the preceding paragraph, shall be promulgated by the central
competent authority and published in the government gazette.
Article 69-2
Starting from 1 January 2009 till this Act amended on 22 January
2015 becomes effective, during which the foreign crew members were
hired by fishery operators without obtaining national health
insurance cards, such foreign crew members are exempted from
Article 9 of the National Health Insurance Act.
Article 70
The central competent authority shall prescribe the enforcement
rules of this Act.
Article 71
This Act shall enter into force on the date of promulgation.
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