Article 1

A fishermen association shall operate for such tenets as 

safeguarding fishermen’s rights and interests, enhancing 

fishermen’s knowledge and skills, increasing fishermen’s profits 

from production, improving fishermen’s livelihood, promoting the 

modernization of fisheries, and seeking development of fisheries.

 

Article 2

A fishermen association is a legal person.

 

Article 3

The competent authority of fishermen associations are the 

Council of Agriculture, Executive Yuan at the central level, 

municipal government at the municipal level, and county (city) 

government at county (city) level. However, the target 

businesses of fishermen associations shall be directed and 

supervised by the competent authorities of specific businesses.

 

Chapter 2 Duties

Article 4

The duties of fishermen associations are as the follows:

(1) To safeguard fishermen’s rights and interests, to 

disseminate fisheries laws and regulations, and to mediate 

fisheries related disputes.

(2) To conduct fisheries improvement and promotion.

(3) To operate in coordination to conduct fishermen rescue for 

sea disasters and other incidents

(4) To accept commission to propagate the gathering location of 

fishery stocks, fishery meteorology and establish communication 

among fishing vessels.

(5) To assist with the establishment and management of fishing

port facilities, or navigation safety facilities and fishery 

signs in the exclusive fishing zones.

(6) To conduct the import, export, processing, refrigeration, 

transportation, marketing, and whole sales at place of origin
and consumption of aquatic products, and the operation of
retail market.

(7) To conduct the import, export, processing, manufacture, 

transportation and marketing of the materials for fisheries, and 

the maintenance and building of fishing vessels, and the supply 

and marketing of goods for daily use of members.

(8) To assist with the establishment and management of foreign 

fishing bases and related international fisheries cooperation.

(9) To conduct financial business for members.

(10) To conduct business on culture, medical treatment and 

sanitation, welfare, relief and social service for fisheries 

villages.

(11) To promote auxiliary occupation in fisheries villages, and 

to guide and assist fishermen to increase production and improve 

livelihood.

(12) To promote fisheries villages and fisheries cooperative 

businesses.

(13) To assist with the development of fisheries villages and to 

accept commission to help members for building residence.

(14) To operate in coordination for fishermen group training and 

to provide the assistance related to coastal defense and
security.

(15) To operate in coordination to conduct aquatic resource 

conservation and to provide the assistance related to prevention 

of water pollution in fishing harbors and fishing areas.

(16) To accept commission to conduct fisheries related insurance 

business and to provide the assistance related to fishermen 

insurance.

(17) To accept commission from the government or public/ private 

organizations.

(18) To conduct fishing village and fishing harbor tours, and 

recreational fisheries.

(19) Other business specially approved by the competent 

authorities.

When conducting business as referred to in the preceding
paragraph with respect to exemption of duty, fishermen
associations shall refer to relevant provisions stipulated in
the Agricultural Development Act and the Cooperatives Act. The
range of exemption of duty shall be set by the Executive Yuan.
 
Fishermen associations shall include duties, as referred to in
paragraph 1, to be carried out into the annual plan.

 

Article 5

A fishermen association, while carrying out duty as stipulated
in paragraph 1, sub-paragraph (9) of the preceding article,
shall comply with the provisions of Agricultural Finance Act.

 

A fishermen association, while accepting commission to conduct 

fisheries related insurance business and providing the 

assistance 

related to fishermen insurance as stipulated in paragraph 1, 

sub-paragraph (16) of the preceding article , may establish the 

insurance department.

 

Fishermen associations at all levels, for the purpose of making 

major investment for conducting business as referred to in 

Article 4, paragraph 1, may jointly invest in company limited by 

shares in accordance with the provisions of the Company Act, 

after jointly applied by at least two fishermen associations to 

the central competent authority and the permission so granted. 

The rules and regulations governing the capital contribution and 

investment examination and approval will be separately 

prescribed by the central competent authority.

 

Chapter 3 Establishment and Merger

Article 6

The fishermen associations are classified into two levels, 

namely the regional fishermen association and the national 

fishermen association. Fishermen associations at both levels, 

subject to approval of the competent authority, may establish 

branch offices in accordance with the actual needs.

 

The Taiwan Provincial Fishermen Association established prior to 

the amendment of the Act on 19 January 2012, shall be 

reorganized as the National Fishermen Association upon the 

amendment becoming effective.

 

The regional fishermen associations are the fishermen 

associations at basic level, which are established at level of 

fisheries district with intense fisheries. The division among 

fisheries districts shall be surveyed by the competent 

authorities of municipal or county (city) governments, and 

approved and promulgated by the central competent authority. 

 

The name of regional fishermen associations shall be prescribed 

by the competent authority of the municipal or county (city) 

governments.

 

Article 6-1

When the Taiwan Provincial Fishermen Association reorganized as 

the National Fishermen Association, the tenure of original 

elected personnel may continue until the expiration of that 

term.

 

Article 7

There shall not be two fishermen associations at the same level 

within the same fishing district or the same village and 

township.

 

Article 8

The central competent authority may command the regional 

fishermen associations to merge due to their limited fisheries 

district, insufficient fisheries or economic condition.

 

Article 9

A regional fishermen association shall establish fishermen task 

force, by fisheries type or administrative district of village, 

as the basic unit to carry out the business of the fishermen 

association.

 

Article 10

A regional fishermen association, when its members operate 

outside their jurisdictional fishing districts following the 

gathering of fishery stocks, may establish a temporary branch 

office at each of the local fishing district to conduct the 

business concerned. The branch office shall be abolished after 

the fishing season, and the date of establishment and 

abolishment shall be reported to the local fishermen association 

so the local fishermen association can pass them to the 

competent authority for perusal.

 

Article 11

In the case that there are not less than 100 fishermen with 

qualified membership in the same fisheries district, they may 

take the initiative to organize a regional fishermen 

association.

 

A subordinate fishermen association shall join the superior 

fishermen association as member and is subject to guidance and 

assistance of the superior fishermen association. Such rules and 

regulations shall be prescribed by the central competent 

authority.

 

Article 12

For the initiative of fishermen association, the initiators 

shall appoint the members of the preparatory committee, which 

shall be reported to the local competent authorities for perusal

 before the committee organized pursuant to the related laws and 

regulations.

 

The convention of preparatory committee and inaugural meeting 

shall be reported to the competent authorities so as to send 

personnel to guide the preparatory work and supervise the 

election.

 

Article 13

A fishermen association shall, within seven (7) days after the 

inaugural meeting, submit the charter of organization, scroll of 

members (representatives), and the curriculum vitae of directors 

and supervisors to the competent authorities for perusal and 

issuance of an accreditation certificate and an official seal.

 

Article 14

The charter of a fishermen association shall clearly state the 

follow items:

(1) Name and tenet.

(2) Ruling district and address.

(3) Duties and organizations.

(4) Affiliation, disaffiliation, and dismissal of membership.

(5) Rights and obligations of members.

(6) Allocated numbers, scope of authorities, tenure, election, 

and recall of member representatives, directors, and 

supervisors.

(7) Appointment, dismissal, and duties of secretary general.

(8) Meetings.

(9) Businesses of common facilities.

(10) Membership dues, funds, property, and accounting.

(11) Procedures for the amendment of the charter.

 

Article 14-1

In the event that there are not less than two regional fishermen 

associations in a municipal city or county (city), they may 

jointly apply to the competent authority of the municipal city 

or county (city), and merge as one regional fishermen 

association after approval granted. 

 

The regional fishermen association, within six months from the 

date that the competent authority of municipal city or 

county (city) granting approval for merger, shall complete 

re-election of elected personnel and re-appointment of secretary 

general, whose tenure shall terminate at the end of that term.

 

Article 14-2

Before the fishermen associations apply for merger pursuant to 

the paragraph 1 of the preceding article, they shall jointly 

organize the merger preparatory committee, preparing merger plan 

and contract pertaining to the relevant matters. After the plan 

and contract reviewed and considered by the board of directors, 

they shall be attached with balance sheets, income statement and 

details, retained earnings statement, cash flow statement and 

property inventory, which are audited and certified by a 

certified public accountant and checked by the board of 

supervisors, and they shall be reported to the general 

members (representatives) meeting to make a resolution pursuant

 to the provisions of Article 39.

 

The merger plan and contract referred in the preceding Paragraph 

shall clearly state the follow items:

(1) Merger plan, including the approach of merger, evaluation of 

economic efficiency, general condition of fisheries district 

after merger, business development plan, financial projection 

for the coming three (3) years, expected progress, and 

evaluation of feasibility. 

(2) Merger contract: 

i. Names of each regional fishermen association before merger, 

name of the regional fishermen association after merger and its 

fisheries district.

ii. Evaluation on the assets and liabilities of the regional 

fishermen association.

iii. Methods to protect the rights and interests of the members

 and employees of the regional fishermen association, and the 

disposal of allocated numbers of elected personnel.

iv. The charter of the regional fishermen association after 

merger.

 

If the resolution as referred to in paragraph 1 is adopted in 

the general members (representatives) meeting, the regional 

fishermen associations shall, within ten (10) days after the 

resolution, proclaim the contents of resolution and the items to

 be clearly stated in the merger contract at the regional 

fishermen associations and each of their branch office for at 

least seven (7) days, and post on newspapers and the website(s) 

designated by the competent authority of the municipal city or 

county (city) for at least five (5) days. The proclamation shall

 specify an objection period of not less than thirty (30) days. 

Dissenting members shall make objection in writing within the 

specified period. When one-third or more members raise objection, 

the original resolution shall become void. If no objection is 

raised within the specified period, the resolution shall be 

deemed agreed.

 

After the resolution as referred to in paragraph 1 is adopted, 

the regional fishermen associations shall, within ten (10) days 

after the resolution, proclaim the contents of resolution and 

the items to be clearly stated in the merger contract to the 

creditors in writing. The proclamation shall specify that the 

creditors may raise any objection in writing within the 

specified period, which shall not be less than thirty (30) days,

 claiming that the merger would damage their rights and 

interests.

 

If the regional fishermen associations do not make the 

proclamation pursuant to the period and contents as stipulated 

in paragraph 3, or do not proclaim to the creditors pursuant to 

the period, approach and contents as stipulated in the preceding 

paragraph, or fails to satisfy, or provide an appropriate 

security interest for the claims of the creditors raising 

objection within specified period, the merger of the regional 

fishermen associations shall not be valid against such 

creditors.

 

Article 14-3

When regional fishermen associations apply to the competent 

authority of municipal city or county (city) for merger pursuant 

to Article 14-1, paragraph 1 , they shall submit the following 

documents:

(1) Merger plan and contract.

(2) Minutes of general members (representatives) meeting of the 

regional fishermen associations.

(3) Contents of the resolution on merger, the items to be 

clearly stated in the merger contract, evidence proving that 

proclamation has been made pursuant to paragraph 3 and 4 of 

preceding article, and disposal on the proclamation and 

objection.

(4) Scroll of members.

(5) Balance sheets, income statement and details, retained 

earnings statement, cash flow statement and pro forma 

consolidated financial statement, which are audited and 

certified by a certified public accountant.

(6) Other documents as required by the competent authority of 

municipal city or county (city).

 

Article 14-4

The regional fishermen association surviving or newly 

incorporated by merger shall take the rights and obligations of 

the regional fishermen association(s) distinguished by merger. 

The members of the regional fishermen association(s) 

distinguished by merger shall be the members of the regional 

fishermen association surviving or newly incorporated by merger.

 

Article 14-5

The regional fishermen association surviving or newly 

incorporated by merger shall apply to the competent authority of

 municipal city or county (city) for the registration of 

establishment or change. The competent authority of municipal 

city or county (city) shall simultaneously abolish the 

registration of the regional fishermen association(s) 

distinguished by merger

 

Article 14-6

When a regional fishermen association surviving or newly 

incorporated by merger applies for amendment or transfer 

registration of the real estate owned by the regional fishermen

 association(s) distinguished by merger, its/their movable 

properties that required registration, intellectual property 

rights, and all encumbrance, it may directly process the 

registration by the merger approval documents issued by the 

competent authorities, without paying registration fees, the 

stamp tax and deed tax incurred by the merger in the following 

manners:

(1) The securities transaction tax of the transferred securities

 shall be exempted.

(2) The transferred goods or services may not be included in the

 items for the levy of business tax.

(3) If the land owned by the regional fishermen association(s) 

distinguished by merger is transferred, after the present value 

of the land is decided upon examination pursuant to the Land Tax 

Act, the registration for transfer of the title to the land 

shall be effected, and the payable land value increment tax may 

be deferred and paid by the regional fishermen association 

surviving or newly incorporated by merger until the land is 

transferred again. Upon bankruptcy or dissolution, the deferred 

land value increment tax shall be paid on a priority basis.

(4) Where the land assumed by the regional fishermen 

association(s) distinguished by merger pursuant to Article 33 of

 the Agriculture Finance Act, which is mutatis mutandis applied 

from Article 76 of the Banking Act, is transferred to the 

regional fishermen association surviving or newly incorporated 

by merger, the land value increment tax shall be exempted.

(5) The goodwill generated by the merger may be amortized within 

fifteen (15) years for the declaration of income tax.

(6) The expense incurred by the merger may be amortized within 

ten (10) years for the declaration of income tax.

(7) The losses from sale of non-performing loans incurred by the 

merger may be amortized within fifteen (15) years for the 

declaration of income tax.

 

For the reorganization of the Taiwan Provincial Fishermen 

Association as the National Fishermen Association, the 

registration fee and the related taxes shall be exempted 

pursuant to the preceding paragraph.

 

Chapter 4  Members 

Article 15

Any national of the Republic of China attaining the age of 

twenty (20) whose household registered in the district of a 

fishermen association, if meeting one of the following 

requirements, may join the regional fishermen association in the 

district as member of category A or B after passing 

qualification screening:

(1) Members of category A

i. Distant water fishermen

ii. Offshore fishermen

iii. Coastal fishermen

iv. Shallow sea culture fishermen

v. Pond culture fishermen

vi. Lake and river marsh fishermen

(2) Members of category B

i. Owners of fishing vessel or fish farm hiring others to engage

 in fisheries operation.

ii. People engaging in the work of fisheries improvement and 

promotion now, who had graduated from fishery vocational school 

or had published fisheries books or invention.

iii. Part-time fishermen that engage in the labor work of 

fisheries but not qualified as member of category A.

 

A juvenile whose age over than fifteen and actually engaging in 

the labor work of fisheries that qualified as member of category

 A, with the approval of his/her legal representative, may join 

the regional fishermen association in the district as member of 

category A.

 

A fisherman living in residence without regional fishermen 

association may join the adjacent regional fishermen association

 as member.

 

A distant water and offshore fisherman may join the regional 

fishermen association in the district that their vessels 

registered as member.

 

A fisherman cannot simultaneously join two regional fishermen 

associations as member.

 

The standard of qualification, required documents, reviewing 

procedure and other requirements for the people as referred to 

in paragraph 1 to followwhen applying for membership of a 

fishermen association shall be prescribed by the central 

competent authority.

 

A member of fishermen association that join the association less

 than six months or whose age less than twenty (20) does not 

have the right to elect or to be elected.

 

Article 15-1

A national of the Republic of China attaining the age of twenty 

(20) whose household registered in the district of that 

fishermen association, but not qualified as engaging in related

 fisheries operation as stipulated in the preceding Article, 

may join the fishermen association as a sponsor member. 

 

Any lawfully registered fisheries related enterprise may join 

the fishermen association in the district as group sponsor 

members. An individual or group sponsor member does not have the 

rights to elect or to be elected, with the exception that they 

may be elected as a supervisor, but other rights and obligations 

are the same as a member.

 

Article 16

A superior fishermen association takes the subordinate fishermen

 associations as members. The representatives of a subordinate 

fishermen to join the superior fishermen association shall be

 elected in the general members (representatives) meeting of the 

subordinate fishermen associations, with the number of due 

representatives to be prescribed by the competent authority. The 

chair of board of directors of the subordinate fishermen 

association is an ex officio member representative to the 

general members (representatives) meeting of its superior 

fishermen association. 

 

Among the member representatives of fishermen associations at 

all levels, at least two-thirds shall be member of category A.

 The tenure of a member representative shall be four years, who 

shall be eligible for re-election.

 

A member representative shall not serve concurrently as chief or 

deputy chief of the fishermen task force or an employee of the 

fishermen association. 

 

A member representative of fishermen association at any level 

shall register his/her candidacy prior to any election, and 

shall not join any election campaign until registered.

 

Article 16-1

A fishermen association member, who attains membership for six 

(6) months or more, may register as a candidate for member 

representative. Nevertheless, in case of any of following 

situations, the representative shall not be entitled to such 

registration; if registered, the registration shall be revoked 

or nullified:

(1) Where a person has outstanding debts to the fishermen 

association, including barrowed belongings, unpaid membership 

dues, business capital, fisheries promotion fund, or unpaid 

overdue guaranteed liabilities.

(2) Where a person has committed activities as referred to in 

Article 19.

(3) Where a person has committed and been convicted sentence for 

any crime involving sedition or treason after the period of 

suppressing communist rebellion.

(4) Where a person is convicted of security punishment to 

perform compulsory labor or convicted of reclamation on rascal 

behavior, with the punishment to be enforced, or enforced but 

not completed, or completed within the last five years; or, 

where a person is convicted of security punishment of other 

nature, with the punishment to be enforced, or enforced but not

 completed.

(5) Where a person has committed a crime of corruption as 

stipulated in the Criminal Code or its special law, or committed

 a crime as stipulated in the Organized Crime Prevention Act, 

and the crime so convicted.

(6) Where a person has committed such crime as vote-buying, 

bribe-taking, interference with voting or election campaign, 

undertaking vote-buying, or has abused official duties as 

chances or means to commit such crime as embezzlement, 

fraudulence, breach of trust, or forging instruments, and the 

crime so convicted with punishment of imprisonment or more. 

Despite that, any conviction that has been pronounced with 

probation, or has been commuted to a fine and the fine has been 

paid, is excluded from this provision.

(7) Where a person has committed a crime other than those as 

referred to in the preceding four (4) sub-paragraphs and been 

convicted with punishment of imprisonment or more to be 

enforced, or enforced but not completed. Despite that, any 

conviction that has been pronounced with probation, or that of 

imprisonment not more than six (6) months which may be commuted 

to a fine, is excluded from this provision.

(8) Where a person has been dishonored for unlawful use of 

credit instruments, and the term of such sanction has not 

expired yet.

 

Article 17

A person with one of the following situations shall not be a 

member of a fishermen association:

(1) Having been deprived of civil rights, which have not been 

restored.

(2) Having been announced bankrupt, and the property rights have

 not been restored.

(3) Having become subject to the order of the commencement of 

guardianship, which has not been revoked.\

(4) Having been dismissed as a penalty pursuant to this Act.

 

Article 18

A member of fishermen association who commits behavior in 

violation of this Act or not complies with the charter or 

resolution of the general members (representatives) meeting, 

which directly jeopardize the fishermen association in a 

significant manner, shall be dismissed from membership.

 

Article 19

Any member of fishermen association has one of the following 

situations, except those stipulated in paragraph 2, shall be 

disaffiliated:

(1) Death.

(2) With one of the situations as referred to in sub-paragraph 

(1) to (3) of Article 17.

(3) Lost of nationality of the Republic of China.

(4) His/her household registration or vessel registration is 

changed to another district outside the district of the original 

fishermen association.

(5) Dismissal.

 

Any member of fishermen association who meets the following 

criteria which result in the change of household registration to 

another district outside the district of the original fishermen 

association as stipulated in sub-paragraph (4) of the preceding 

paragraph shall be deemed as not disaffiliated. Notwithstanding 

this provision, he/she whose household registration is changed 

again shall be disaffiliated in accordance with the preceding 

paragraph:

(1) A major plan approved by the Executive Yuan; and

(2) His/her original residence was demolished owing to 

expropriation and such case is identified by the Government.  

 

The provisions stipulated in the preceding paragraph shall 

become effective as of September 22, 2005.

 

In case that a member of a fishermen association who had 

attained the membership of category A before November 12, 1998 

and whose household registration had been changed to another 

district outside the district of the original fishermen 

association moved back to the district of the original fishermen

 association before November 12, 1998, and has continued 

engaging in the labor work of fisheries and has paid the annual

 membership dues annually shall be deemed as affliated again 

starting from the date he/she moved back.

 

Chapter 5  Staff

Article 20

A fishermen association shall have directors and supervisors so 

as to form board of directors and supervisors respectively. The 

directors and supervisors shall be elected by the members 

(representatives) with the following allocated numbers:

(1) Nine (9) to fifty (15) directors for each regional fishermen

 association.

(2) Fifty (15) to twenty-one (21) directors for the National 

Fishermen Association.

(3) The number of supervisors shall not exceed one-third of the 

number of directors of the same fishermen association.

(4) A fishermen association shall have alternate directors and 

supervisors, which number shall not exceed one-second of the 

numbers of directors and supervisors respectively.

 

At least two-third of a fishermen association’s directors and 

supervisors shall be members of category A. 

 

A chair of board of directors and a standing supervisor shall 

be elected by and from the directors and supervisors of the 

fishermen association respectively. 

 

A director or supervisor of the superior fishermen association 

shall not serve concurrently as a director or supervisor of a 

subordinate fishermen association.

 

Article 21

The candidates of directors or supervisors of a fishermen 

association shall be limited to members of the regional 

fishermen association. The candidates of directors or 

supervisors of the superior fishermen association are not 

limited to those representatives of the subordinate fishermen

 associations, participating in meetings of the superior 

fishermen association. The fishermen association shall conduct 

candidacy registration before the election of directors and 

supervisors. Any unregistered person shall not join the election 

campaign.

 

Article 21-1

Any member of fishermen association meeting the following 

requirements may register candidacy for election of directors or 

supervisors:

(1) Attaining membership for two years or more.

(2) Graduated from a junior high school, or graduated from an 

elementary school and served as director, supervisor, member
representative, secretary general, chief or deputy chief of the
fishermen task force for one (1) term or more.

(3) Having engaged in fisheries and meeting the qualifications

 set forth by the central competent authority. 

 

The procedures for the identification and the screening of 

qualifications of directors and supervisors candidates as 

referred to in sub-paragraph (3) of the preceding paragraph for 

having engaged in fisheries, as well as other requirements to be 

complied, shall be prescribed by the central competent 

authority.

 

Article 21-2

A member of fishermen association with one of the following 

situations shall not register as a candidate for the election of 

director or supervisor; if registered or elected, it shall be 

revoked or nullified.

(1) Where a person has outstanding debts to a fishermen 

association, including barrowed belongings, unpaid membership 

dues, business capital, fisheries promotion fund; or having 

borrowed loans from a fishermen association or other financial 

organizations (since January 1, 2001), leaving a record of 

unpaid principal and interest for one (1) year or more; or, 

having unpaid overdue guaranteed liabilities to a fishermen 

association, and failed to discharge after notification for more

 than one year.

(2) Where a person has one of the situations as referred to in 

Article 16-1, sub-paragraph (2) to (8).

(3) Where a person has been discharged from position due to 

conviction of a crime during the service as an elected personnel

 or an employee of a fishermen association within the last four 

(4) years.

(4) Where a person was the legal representative of a bankrupted

 judicial person when declared within the last five (5) years.

 

Article 22

A director or supervisor of a fishermen association shall serve 

on a non-salaried basis and shall neither serve concurrently as 

an employee of a fishermen association, chief or deputy chief of

 a fishermen task force, or serve in any position of group or 

enterprise competing with the fishermen association, nor invest 

in and operate profit-seeking enterprise competing with the 

fishermen association.

 

Article 23

The tenure of a director or supervisor of a fishermen 

association is four (4) years, and he/she is eligible for one

 (1) re-election. Despite that, those who hold office 

consecutively shall not exceed one-second of the total number 

of directors and supervisors.

 

After the completion of re-election of directors and supervisors

 due to expiry of a term of tenure, the fishermen association 

shall submit the curriculum vitae of directors and supervisors, 

and the updated scroll of members to the competent authorities 

for perusal.  

 

Article 23-1

The election of elected personnel of a fishermen association 

shall be held and completed at least thirty (30) days prior to 

expiry of tenure, or on the date designated by the competent 

authorities. 

 

The elected personnel of a fishermen association shall take 

office on the specified date as required. The elected personnel 

resulting from a renewed or supplemental election, and those who 

somehow fail to complete election and take office by the required

 deadline, shall still have their tenure commencing from the 

specified date as required.

 

Upon the amendment of the Act on November 13, 2012 becoming 

effective, the tenure of the eighteenth term of elected 

personnel of the Kinmen Fishermen’s Association, who were 

elected in October 2012, shall expire in March 2017, and the 

tenure of the tenth term of elected personnel of the Kaohsiung 

Fishermen’s Association, who were elected in August 2012, shall 

expire in March 2017.

 

Article 24

A fishermen task force shall have one chief and one deputy chief,

 who shall be elected by members with tenure of four (4) years 

and are eligible for re-election. In the chief’s absence, the 

deputy chief shall take the office until the tenure of the 

original chief expires.

 

A member of fishermen association, who attains membership for 

six (6) months or more, may register as a candidate for chief or 

deputy chief of the fishermen task force. Despite that, any 

person has any situation as referred to in Article 16-1, may not

 register; if he/she is registered, the registration shall be 

revoked or nullified.

 

The registration for the election of chief or deputy chief of 

the fishermen task force shall be convened prior to the 

election, and any person shall not join the election campaign 

without registration.

 

Article 24-1

When a fishermen association holds two or more elections for the 

position of elected personnel simultaneously, any person who 

registers as a candidate, can only register his/her candidacy 

for one election, and those candidacy registration for two or 

more elections simultaneously shall be null and void. 

 

Any registered candidate may not withdraw his/her candidacy 

registration after the deadline for registration is due. Any 

person withdrawing his/her candidacy registration prior to the 

deadline for registration, shall not re-apply for the same 

candidacy registration.

 

Article 25

Any elected personnel of a fishermen association, who violated 

laws and regulations or the charter, or committed any behavior 

that jeopardized rights, interests, or reputation of the 

fishermen association, may be recalled by the resolution of 

general members (representatives) meeting.

 

Article 26

A fishermen association shall place one secretary general, who 

shall be appointed by the board of directors from the qualified 

candidates selected by the central or municipal competent 

authority.

 

The appointment of a secretary general shall be made within 

sixty (60) days after the establishment of a new board of 

directors. In the event that a secretary general has not been 

appointed by deadline, the superior fishermen association may 

appoint a qualified person to act in place. The secretary 

general of the national fishermen association or provincial 

(municipal) fishermen association may be appointed from 

qualified person by the central competent authority to act in 

place, until a new secretary general is duly appointed. 

 

The appointment of a secretary general of a fishermen 

association shall be made in resolution adopted by one-second or 

more of the total directors, while the discharge shall be made 

in resolution adopted by two-third or more of the total .

directors.

 

Article 26-1

A national of the Republic of China meeting the following 

requirements may register as a candidate for the secretary 

general of a fishermen association:

(1) The secretary general of the National Fishermen Association 

shall have one of the following qualifications: 

i. Graduated from a university, independent college or with a 

higher education degree, or qualified by a senior civil service 

examination, and having served with a fisheries or fisheries 

related agency, school, financial organization, or fishermen 

organization in a position equivalent to recommended appointment 

for three (3) years or more.

ii. Graduated from a junior college or with a higher education 

degree, and having served with a fisheries or fisheries related 

agency, school, financial organization, or fishermen
organization in a position equivalent to recommended appointment
for five (5) years or more.

iii. Graduated from a senior high or senior vocational school, 

or qualified by a general civil service examination, and having 

served with a fisheries or fisheries related agency, school, 

financial organization, or fishermen organization in a position

 equivalent to recommended appointment for seven (7) years or 

more.

(2) A secretary general of a regional fishermen association 

shall have one of the following qualifications:

i. Graduated from a university, independent college or with a 

higher education degree, or qualified by a senior civil service 

examination, and having served with a fisheries or fisheries 

related agency, school, financial organization, or fishermen 

organization in a position equivalent to ordinary appointment 

for two (2) years or more.

ii. Graduated from a junior college or with a higher education

 degree, and having served with a fisheries or fisheries related 

agency, school, financial organization, or fishermen 

organization in a position equivalent to ordinary appointment

 for four (4) years or more.

iii. Graduated from a senior high or senior vocational school,

 or qualified by a general civil service examination, and having 

served with a fisheries or fisheries related agency, school, 

financial organization, or fishermen organization in a position 

equivalent to ordinary appointment for six (6) years or more.

(3) Any new secretary general of a fishermen association at any

 level shall not be older than fifty-five (55) years old at the

 time of appointment.

 

An incumbent secretary general may be exempted from the 

requirements of preceding paragraph. Despite that, any person 

who shall retire within one year of next tenure due to the 

restriction of age, shall not register as a candidate for the 

secretary general.

 

After qualified by the central competent authority, in case that

 any candidate for secretary general was found not meeting any 

of the requirements as stipulated in paragraph 1 before the 

appointment, the central competent authority shall revoke 

his/her qualification, and so shall be the appointment if 

appointed.

 

Article 26-2

A person with one of the following situations shall not register

 as a candidate for secretary general of a fishermen association;

 if registered or appointed, it shall be revoked or nullified.

(1) Where a person does not have the nationality of the 

Republic of China.

(2) Where a person has outstanding debts to the fishermen 

association, including barrowed belongings, unpaid membership 

dues, business capital, fisheries promoting fund; or having 

borrowed loans form fishermen association or other financial 

organizations (since January 1, 2001), leaving a record of 

unpaid principal and interest for one (1) year or more; or, 

having unpaid overdue guaranteed liabilities to a fishermen 

association, and failed to discharge after notification for 

more than one year.

(3) Where a person has one of the situations as referred to in 

Article 16-1, sub-paragraph (3) to (8).

(4) Where a person has one of the situations as referred to in 

Article 17, sub-paragraph (1) to (3) of.

(5) Where a person has been discharged from position due to 

conviction of a crime during the service as an elected personnel

 or an employee of a fishermen association.

(6) Where a person was the legal representative of a 

bankrupted judicial person when declared within the last five 

(5) years.

 

Article 26-3

The secretary general of a fishermen association shall, within 

ten (10) days of his/her appointment, submit a letter of 

guaranty signed by at least two (2) guarantors in possession of 

real estate, or a fidelity bond insurance policy, to the 

fishermen association for guarantee. 

 

The amount of real estate or insurance as referred to in the 

preceding paragraph shall be prescribed by the central competent 

authority.

 

Article 27

The employees other than the secretary general of a fishermen 

association shall be recruited by the secretary general from 

those qualified by the joint examinations of fishermen 

associations, and shall be subject to instruction and 

supervision by the secretary general.

 

The employees as referred to in the preceding paragraph shall be 

examined and trained jointly by the National Fishermen 

Association under the supervision of the central competent 

authority.

 

Article 28 (Deleted)

 

Article 29

The secretary general and other employees of a fishermen 

association shall serve on a full-time basis, and shall not 

concurrently operate any other industrial or commercial 

business, or serve any other salaried position for a public or

 private organization, or serve as legislator/councilor at any 

level. If any aforementioned staff runs election campaign and 

being elected as public servant, the inauguration to public 

servant shall be considered as resignation from the fishermen 

association, and the person concerned shall be dismissed.

 

Article 29-1

The spouses, relatives by blood within two generations or 

relatives by marriage within one generation, shall not serve at 

the same time as the chair of board of directors, standing 

supervisor or secretary general at the same fishermen 

association.

 

In the event of any of the situations as referred to in the 

preceding paragraph, the election, appointment or employment of 

the latter one shall be null and void.

 

Chapter 6 Division of Powers and Responsibilities

Article 30

The general members (representatives) meeting shall be the body 

of the supreme power of a fishermen association. During its 

recess, the board of directors shall design and plan the 

association’s business operations in accordance with resolutions

 adopted by general members (representatives) meeting, while the 

board of supervisors shall control and monitor the association’s 

business operations and finance.

 

Article 31

The members (representatives), directors and supervisors of a 

fishermen association shall exercise their powers only during a 

meeting.

 

Article 32

When the members (representatives), directors and supervisors of 

a fishermen association attend a statutory meeting, each person 

is entitled to one (1) vote. If a resolution adopted in the 

meeting is found violating Acts or the charter of the fishermen 

association, and thus resulting in any damage to the fishermen 

association, they shall be subject to indemnity. Despite that, 

those who make an objection during the voting procedure and 

recorded in the minutes shall be exempted from the 

responsibilities.

 

Any voting on major issues adopted in the meeting of a fishermen 

association shall be recorded in writing with name.

 

Article 33

The secretary general of a fishermen association shall carry out 

duties in accordance with the resolutions adopted by the board 

of directors, and shall be responsible to the board of 

directors.

 

Article 34

When a secretary general of a fishermen association carries out 

duties, in the event of violating Acts or the charter of 

fishermen association and thus resulting in any damage to the 

fishermen association, he/she shall be subject to indemnity.

 

In the event of any damage to the properties received by or in 

the

 custody of a fishermen association due to any cause other than

force majeure, the secretary general and other employee(s)

 concerned shall be subject to joint liability of indemnity.

 

Chapter 7 Meetings

Article 35

The general members (representatives) meetings, which include 

regular meeting and extraordinary meeting, shall be convened by 

the chair of the board of directors.

 

The regular meetings of fishermen associations at all levels 

shall be held once per year. An extraordinary meeting shall be 

convened at the request made by one-third or more of the members 

(representatives), or when considered necessary by the board of 

directors.

 

In case that the chair of board of directors fails to convene the 

extraordinary meeting within ten(10) days following the request 

as referred to in the preceding Paragraph, those who originally 

proposed the meeting may apply to the competent authorities for 

an order to convene the meeting.

 

A regional fishermen association, in consideration of difficulty

 in convening a general members meeting due to the huge number 

of members, may hold general representatives meeting to exercise 

the duties and rights of the general members meeting, and those 

representatives shall be elected by members among the designated 

districts by election.

 

Article 36

The board of directors and supervisors meeting of a fishermen 

association shall be convened by the chair of board of directors 

and standing supervisors respectively, who shall serve as the 

chair of the meeting. The number of meetings to be convened 

shall be provided in the charter of fishermen association.

 

Article 37

A fishermen task force shall hold its meeting at least once per 

year, which shall be convened and chaired by the chief of the 

task force.

 

Article 38

The general members(representatives) meeting and the meetings of

 the board of directors or supervisors of a fishermen association 

shall, unless otherwise provided in this Act, have a quorum of 

one-second of the members, and any resolution shall be adopted 

with the endorsement of at least one-second majority of the 

members actually present.

 

The meetings as referred to in the preceding paragraph, except 

for the meeting for the appointment of a secretary general, may 

be convened at the second convention if a quorum of one-third of 

the members is reached. Despite that, the exception does not 

apply if the number of required attendants is less than three 

(3).

 

Article 39

For the following issues, resolutions shall be adopted by a 

two-thirds majority of the attendants actually present in a 

general members(representatives) meeting, with a quorum of 

two-thirds of the total members(representatives) of a fishermen

 association:

(1) Adoption or revision of the charter,

(2) Penalty against members.

(3) Recall of elected personnel;

(4) Fund-raising;

(5) Disposal of properties;

(6) Other major issues related to the rights and obligations of 

members.

 

Chapter 8 Funds

Article 40

The funds of a fishermen association shall include the 

followings:

(1) Enrolment fees: To be paid by members in lump sum upon 

affiliation in accordance with the standard adopted by the 

general members (representatives) meeting and approved by the 

competent authorities.

(2) Annual membership dues: To be paid by members annually in 

accordance with the standard adopted by the general members 

(representatives) meeting and approved by the competent 

authorities. Despite that, twenty percent of the annual 

membership dues of the subordinate fishermen associations shall

 be contributed to the superior fishermen association. 

(3) Business capital: Exclusively for use of operating 

businesses, with the rules and regulations for fund-raising and 

application to be adopted by the general members 

(representatives) meeting and recorded by the competent 

authorities.

(4) Fisheries improvement and promotion funds: Exclusive for the

 use of fisheries guidance and improvement, to be paid by
fishing vessel owners and fish farm owners, by year or by
fishing season. For those fishermen associations with exclusive
fishing rights, they may charge from the members who have the
rights of exclusive fishing. The standards and rules for fee
collection shall be adopted by the general members
(representatives) meeting and approved by the competent
authorities.

(5) Allocation fund from the agricultural financial 

organization: Any publicly-operated agricultural financial 

organization shall annually appropriate at least four (4) 

percent of its net profit, as fund for guidance and promotion 

business of fishermen associations at any level. 

(6) Allocation fund from the profit made by business: Subject to

 final income statement of business of the fishermen
associations.

(7) Government subsidies: The central and local competent 

authorities shall draw up budget for the subsidies to the 

business operations of fishermen associations.

(8) Other revenues.

 

Article 41

The accounting of each business of a fishermen association shall

 be separate independently, and the annual budget and final 

statement shall be reported to the general members 

(representatives) meeting, as well as to the competent 

authorities for perusal.

 

Article 42

Following the annual final account, the profits of each kind of 

business, after deducted those to make up accumulated deficits 

and allocate as reserve fund for each business, shall be 

appropriated as the overall profits of the fishermen 

association. The overall profits of a fishermen association 

shall be allocated pursuant to the following provisions:

(1) Fifteen (15) percent as legal reserves, which shall not be 

allocated. 

(2) Five (5) percent as public welfare reserves, which can only

 be used with the approval of the competent authority.

(3) The funds for fisheries improvement, promotion, training and 

culture, and welfare business shall not be less than sixty-two

 (62) percent.

(4) Eight (8) percent as funds for joint training and mutual 

aid. 

(5) Remunerations for directors, supervisors and staff of a 

fishermen association shall not exceed ten (10) percent.

 

The rules and regulations governing the custody and application 

of the legal reserves as referred to in sub-paragraph (1) of the

 preceding paragraph, public welfare reserves as referred to in 

sub-paragraph (2), and the funds as referred to in sub-paragraph 

(4), shall be prescribed by the central competent authority. 

 

The ratio of the profits made from each business to be 

appropriated as reserves as referred to in paragraph 1 shall be 

prescribed by the central competent authority together with the 

central competent authority of the target business.

 

Article 43 (Deleted) 

 

Chapter 9 Supervision

Article 44

In the event that any fishermen association neglects its duties, 

offends public interests or trespasses the scope of its duties, 

the competent authorities may issue a warming to it.

 

Article 45

In the event that any of the resolution adopted by a fishermen 

association violates laws and regulations, offends public 

interests or trespasses its tenets or duties, the competent 

authorities may issue a warming again, or revoke its resolution.

 

Article 46

In the event that a fishermen association trespasses its tenets 

or duties in a significant manner, the competent authorities may

 dismiss the association or abolish its registration. A 

fishermen association shall be re-organized soon after being 

dismissed or its registration being abolished.

 

Article 47

Any action taken by the subordinate competent authority pursuant

 Article 45 or 46 shall be approved by the superior competent 

authority.

 

Article 48

In the event of a fishermen association neglecting its works or 

having any other major incident, if deemed necessary, the 

competent authority may, upon approval of the superior competent

 authority, suspend the powers of the member representatives, 

directors and supervisors, and re-adjust the association. Once 

the re-adjustment is completed, the association shall conduct 

re-election immediately pursuant to the rules and regulations 

prescribed by the central competent authority.

 

Article 49

In the event that any director, supervisor or secretary general 

of a fishermen association is found violating laws and 

regulations or the charter and thus jeopardized the interests of

 the association, the competent authority may suspend his/her 

power or discharge his/her position with the approval of 

superior competent authority, or the superior competent 

authority may also take such action directly.

 

Article 49-1

Any elected personnel or employee of a fishermen association, 

who has been detained or issued a circular order to arrest for a 

criminal case, shall be suspended from his/her powers.

 

Any elected personnel or employee of a fishermen association 

convicted with imprisonment or more shall be discharged from 

his/her position. Despite that, those who has been pronounced 

with probation, or has been convicted with imprisonment for 

six (6) months and under that may be commuted to a fine, shall

 be exempted from this provision.

 

Any elected personnel or employee of a fishermen association 

who, prior to enforcement of this revised Article, has been 

suspended from his/her powers in accordance with the pre-revised 

provisions, shall be applicable to the provisions of the newly 

revised version.

 

Those who have been suspended from the powers in accordance with 

the provisions of paragraph 1, in the event that the detention 

has been suspended or the circular to arrest has been cancelled, 

may apply for resumption of their powers if their tenures of 

office have not expired. 

 

Any elected personnel or employee of a fishermen association, 

who loses his/her qualification to be elected or appointed 

during the service, shall be discharged from the position by the 

competent authorities or the superior competent authorities.

 

Article 50

When a fishermen association is dismissed, the competent 

authorities shall assign a liquidator empowered to exercise 

liquidation on behalf of the fishermen association.

 

When a fishermen association is declared bankrupt, the 

depositors of the credit department shall be entitled to take 

priority in making a claim to the assets of the credit 

department as compensation.

 

Article 50-1

Any person committing any of the following behaviors in a 

election of a fishermen association shall be subject to 

imprisonment of three (3) years and under; in addition thereto,

 a fine of thirtythousand New Taiwan dollars and under may be 

imposed: 

(1) Any person having the right to vote demands, agrees to 

accept, or accepts property or other improper benefits for 

refraining from exercising his right to vote or for exercising 

such right in a particular manner

(2) Any person promises, offers, or gives property or other 

improper benefits to a person having the right to vote for 

refraining from exercising the right to vote or for exercising

 such right in a particular manner.

(3) Any person promises, offers, or gives property or other 

improper benefits to a candidate for giving up the election 

campaign or for engaging in campaign in a particular manner.

(4) Any candidate demands, agrees to accept, or accepts 

property or other improper benefits for giving up the election 

campaign or for engaging in campaign in a particular manner.

 

Any property received through the commission of an offense 

specified in the preceding paragraph shall be confiscated; 

if the whole or a part of such property cannot be confiscated, 

the value thereof shall be collected from the offender.

 

Article 50-2

Any person committing any of the following behaviors in the 

appointment of the secretary general of a fishermen association 

starting from the date for the candidacy registration for 

election of directors shall be subject to imprisonment of three 

(3) years and under; in addition thereto, a fine of up to thirty 

thousand New Taiwan dollars may be imposed:

(1) Any director or director candidate demands, agrees to 

accept, or accepts property or other improper benefits for 

promising to appoint or not to appoint.

(2) Any person promises, offers, or gives property or other 

improper benefits to a director or director candidate for 

promising to appoint or not to appoint.

(3) Any person promises, offers, or gives property or other 

improper benefits to a qualified candidate for appointment as 

secretary general for declining the appointment.

(4) Any qualified candidate for appointment as secretary 

general demands, agrees to accept, or accepts property or other

 improper benefits for promising to decline the appointment.

 

Any person who prepares to commit an offense specified in the 

preceding paragraph  shall be subject to imprisonment of one (1)

 year and under. Any person who has committed an offense 

specified in the paragraph 1 or 2, the property used or planned

 to promise, offer, give or receive for the commitment of such 

offense shall be confiscated regardless of the ownership; if the

 whole or a part of such property cannot be confiscated, the 

value thereof shall be collected from the offender.

 

Article 50-3

Any person who by threat, violence or other illegal methods 

interferes with another in election campaign, causes another to 

give up election campaign, or interferes with another in the
free exercises of his/her right to vote, shall be subject to 

imprisonment of five (5) years and under; in addition thereto, a 

fine of fifty thousand and under New Taiwan dollars may be 

imposed.

 

Any person who by threat, violence, or other illegal methods 

interferes with the registration, selection or appointment of a 

secretary general shall be subject to the same punishment.

 

An attempt to commit an offense specified in the preceding two 

paragraphs is punishable.

 

Article 50-4

Any candidate who committed any crime as referred to in Article 

50-1, paragraph 1 or paragraph 1 of the preceding Article shall 

be abolished his/her candidacy; if elected, the election shall 

be null and void.

 

Any qualified candidate for appointment as a secretary general 

who committed any crime as referred to in Article 50-2, 

paragraph 1 of or paragraph 2 of the preceding Article shall be 

abolished his/her qualification of candidate; if appointed, the 

appointment shall be null and void.

 

Any person who has committed any crime as referred to in Article 

50-1, paragraph 1, Article 50-2, paragraph 1, or Article 50-3 

shall not be allowed to be a candidate for any election of a 

fishermen association or for the appointment as secretary 

general.

 

Any offender as referred to in the preceding three paragraphs 

with the proviso as referred to in Article 49-1, paragraph 2 

shall be exempted from the provisions of this Article.

 

Article 50-5 (Deleted)

 

Chapter 10 Supplementary Provisions

Article 51 (Deleted)

 

Article 51-1

To the procedures of litigation resulting from an election or 

recall matter of a fishermen association and the procedures 

regarding the appointment and discharge of a fishermen 

association’s secretary general, except those cases involving 

provisional injunction, the Code of Civil Procedure shall 

mutatis mutandis apply.

 

Article 51-2

The rules and regulations governing the management of personnel, 

the disposal of financial affairs, the appointment of secretary 

general, the election and recall, and the performance 

evaluation, shall be prescribed by the central competent 

authority with the following contents and ranges:

(1) Rules and regulations governing the management of 

personnel: Personnel appraisal, authorized number of staff, 

ranks and required appointment or employment qualifications, 

salaries, inauguration, severance, performance evaluation and 

rewards/penalty, lay-off, retirement, indemnity and services, 

and other matters to be followed.

(2) Rules and regulations governing the disposal of financial 

affairs: Accounting, budget and final account planning and
review, property management, examination on financial affairs,
power and obligation of accountants, and other matters to be
followed.

(3) Rules and regulations governing the appointment of
secretary general: Candidacy registration, qualifications
review, appointment procedures, review items and grading
standard, and other matters to be followed.

(4) Rules and regulations governing elections and recall: 

Categories of elections and recall, candidacy registration, 

qualifications review procedures, voting and ballot counting, 

election results and the essential for recall establishment, and 

other matters to be followed.

(5) Rules and regulations governing performance evaluation: 

evaluation items, grading standard, accomplishment review and 

judgment, rewards/penalty, and other matters to be followed.

 

Article 52

The enforcement rules of this Act shall be prescribed by the 

central competent authority.

 

Article 53

This Act shall become effective on the date of promulgation.

 

The articles of this Act amended on May 5, 2009 shall become 

effective on November 23, 2009.