| Chapter 1 General Principles
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.
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