Chapter 1  General Principles 

Article 1

This Act is enacted to conserve and rationally utilize aquatic 

resources, to increase fisheries productivity, to promote sound 

fisheries development, to guide and assist the recreational 

fishery, to maintain the orderly operation of the fisheries, 

and to improve the livelihood of fishermen. Matters not covered

 by this Act shall be governed by the provisions of other acts

 and regulations.

 

Article 2

For the purpose of this Act, the term “competent authority” 

or "competent authorities" means the Council of Agriculture of 

the Executive Yuan at the central government, municipal 

governments at municipalities, and county/city governments at 

/counties/cities.

 

Article 3

For the purpose of this Act, the term “fishery” or “fisheries”

 means the industries of catching/harvesting, or of cultivating 

aquatic organisms, as well as the associated industries of 

processing, transportation, and marketing.

 

Article 4

For the purpose of this Act, the term “fishery operator” means 

the fishing right holders, the fisheries access privilege
holders, or any other persons who engage in fisheries operation
in accordance with the provisions of this Act.

 

For the purpose of this Act, the term “fishery employee” means 

any crew members of fishing vessels or any other persons who 

catch/harvest, or cultivate aquatic organisms for any fishery 

operator.

 

Article 5

Only nationals of the Republic of China may qualify as fishery 

operators. However, such limit is not applicable to any foreign 

national approved by the central competent authority to operate 

fisheries by means of cooperation with any fishery operator of 

the Republic of China.

 

Article 6

Any person who intends to operate fishery in the public waters
or non-public waters adjacent thereto shall obtain approval
given and fishing license issued by the competent authority
prior to the operation.

 

Article 7

The competent authority may collect fees from applicants for the

 issuance of fishing licenses. The guidelines of granting 

license and the amount of the fees shall be prescribed by the 

central competent authority.

 

Article 7-1

The competent authorities shall not issue fishing licenses in 

the event that any of the following circumstances occurs:

(1) Any fishery operator whose fishing license has been revoked 

or abolished by the competent authority in accordance with this 

Act or the Act for Distant Water Fisheries.

(2) Any vessel that is forfeited or confiscated.

(3) Any vessel that is imported without permission from the 

competent authority.

(4) Any fishery operator who is presently restrained or 

suspended the right to operate any fishery in accordance with 

Article 10 of this Act.

(5) Any fishery operator whose fishing license is under the 

administrative disposition of suspension in accordance with this 

Act or the Act for Distant Water Fisheries.

(6) Any fishery operator who has not paid the fine in 

accordance with this Act or the Act for Distant Water Fisheries.

(7) Any fishing vessel whose previous fishery operator 

violates this Act or the Act for Distant Water Fisheries before 

the alteration of vessel ownership takes place, but who has not

 yet been imposed punishment by the competent authorities.

 

Article 8

The building, modification, or chartering of any fishing vessel 

used by a fishery operator for the fishery operation shall 

obtain permission from the competent authority.

 

The exportation or importation of any fishing vessel shall 

obtain permission from the competent authority before being 

processed in accordance with regulations provided by the 

competent trade authorities.

 

The qualifications, conditions, application procedure and any 

other standards to be followed for the building, modification or 

chartering of any fishing vessel as referred to in paragraph 1, 

and the rights of exportation and importation as referred to in 

the preceding paragraph, shall be prescribed by the central 

competent authority.

 

Article 9

For the purposes of exploiting or conserving aquatic resources,

 or for the need of public interests, the competent authority 

may impose restrictions or conditions when giving approval to 

any fishery operation.

 

Article 10

Any fishery operator who violates the provisions of this Act or

 any other regulations promulgated pursuant to this Act, the 

central competent authority may restrain or suspend the 

operator’s right to operate any fishery, or render 

administrative disposition of suspending his/her fishing license 

for not more than one year. Where the violation is considered 

gross, the central competent authority may withdraw the approval 

of the fishery operation or revoke the fishing license of the 

fishery operator.

 

Any fishery employee who violates this Act or any other 

regulations promulgated pursuant to this Act, the central 

competent authority may suspend the Certificate of Fishing 

Vessel Officer or Fishing Vessel Crew Identification for not 

more than one year. Where the violation is considered gross, the

 central competent authority may revoke the Certificate of 

Fishing Vessel Officer or Fishing Vessel Crew Identification.

 

Article 11

Where any of the following circumstances occurs, the competent

 authority shall revoke the approval of the fishery operation:

(1) Any fishery operator who does not have any justification for

 not being able to undertake his/her fishery operation for more

 than one year as from the date of approval was given, or who 

suspends his/her fishery operation for more than two years 

without being approved from the commencement of the operation.

(2) Any fishery operator who applies and is approved to operate 

fishery as a national of the Republic of China loses his 

nationality of the Republic of China.

(3) Any applicant who obtains the approval of the fishery 

operation by fraud or illicit means.

 

Without stating justification and being approved by the 

competent authority, any fishery operator shall not suspend his 

fishery operation for more than one year. When the suspension 

ceases, the operator shall report the resumption of fishery 

operation to the competent authority for perusal. Any unreported 

case shall be considered as not resumed.

 

Article 11-1

Any fishery operator’s fishing vessel whose fishing license or 

approval of fishery operation has been revoked, shall not leave 

port, except those have re-applied and been granted for fishing 

license by the competent authorities. 

 

Any fishery operator’s fishing vessel, whose fishing license has 

been suspended or the right to operate fishery has been 

restrained or suspended, shall not leave port during the period 

of such administrative disposition. 

 

Where any fishing vessel has left port before the punishment 

imposed by the central competent authority pursuant to Article 

10, paragraph 1 or Article 11, paragraph 1, or leaving port in 

violation of the provisions of the preceding two Paragraphs, the 

central competent authority shall command the vessel to return 

to port within the designated time limit.

 

Where any fishing vessel leaving port in violation of the 

provisions of paragraph 1 or 2, the central competent authority 

may commission the authority of Coast Guard to take appropriate 

measures to prevent the vessel from leaving port or command it 

to return to port immediately; In case of any resistance, the 

authority may take compulsory measures.

 

Article 12

For the purposes of maintaining the orderly operation of fishing 

vessels and safety of navigation and operation, the central 

competent authority shall prescribe regulations on the 

management of crew members of fishing vessels.

 

Article 13

For the purposes of adjusting the fisheries structure, the 

competent authority may establish a fisheries advisory 

committee, which consists of experts, scholars, fisheries 

associations, and officials from relevant government agencies.

 The fisheries advisory committee shall be organized,
functioned, and operated in accordance with regulations
prescribed by the central competent authority.

 

Article 14

The competent authority shall, by the types of fishery, 

respectively adopt and promulgate regulations on the facilities 

of fishing grounds, methods of catching, harvesting and 

cultivating, as well as on fishing gears and any other matters 

as deemed necessary.

 

Chapter 2  Fishing Right Fishery

Article 15

For the purpose of this Act, the term “fishing right” means any

 of the following rights:

(1) Set net fishing right: the right to set up underwater rocky

 cliffs, build fences or install fishing gears within a specific

 water area for catching or harvesting aquatic animals.

(2) Demarcated fishing right: the right to partition a specific

 water area for operating aquaculture.

(3) Exclusive fishing right: the right to use a specific water 

area to form a fishing ground for fisheries access privilege 

holders to operate one of the following fisheries:

(a) Catching or harvesting aquatic organisms.

(b) Aquaculture.

(c) Catching or harvesting aquatic animals with anchored fishing

 gears within the waters at a depth of twenty-five meters or 

less.

 

Only fishermen’s associations or fisheries production 

cooperatives can qualify as exclusive fishing right holders as 

referred to in the preceding paragraph.

 

Article 16

For the purpose of this Act, the term “fisheries access 

privilege” means the right to operate fishery within the area of

 the authorization of exclusive fishing right.

 

Article 17

The competent authority shall, according to the production of 

fishery resources and taking into account minerals exploration 

and exploitation, navigation, irrigation, environmental 

protection, and other public interests, make an integrated plan 

with respect to the fishing right fishery in public waters and 

shall elaborate and regularly publicize relevant programs 

annually, as well as accept applications for fishing rights.

 

The programs as referred to in the preceding paragraph may be 

revised according to practical needs, and the revision shall be 

promulgated.

 

Article 18

Set net and demarcated fishing rights shall be granted in 

accordance with the following order of priority:

(1) Any fishery operator or fishery employee whose household 

registered in the township/town /city /district where the 

fishing ground is located.

(2) Any fishermen’s association or fishery production 

cooperative registered in the township /town /city /district 

where the fishing ground is located.

(3) Any fishery operator or fishery employee whose household 

registered in the municipality /county /city where the fishing 

ground is located.

(4) Any fishermen’s association or fishery production 

cooperative registered in the municipality/county/city where the

 fishing ground is located.

(5) Any non-fishery operator or non-fishery employee whose 

household registered in township town/city/district where the 

fishing ground is located.

(6) Any non-fishery operator or non-fishery employee whose

 household registered in municipality/county/city where the 

fishing ground is located.

(7) Any fishery operator or fishery employee whose household

 registered in other municipalities/counties/cities.

(8) Any non-fishery operator or non-fishery employee whose

 household registered in other municipalities/counties/cities.

 

Any fishery operator applying for continuous operation before
the expiration of his fishing right shall not be subject to
limit of the order of priority as referred to in the preceding 

paragraph.

 

Article 19

Any fishermen’s association or fishery production cooperative 

approved to operate exclusive fishing right shall draft rules on

 fisheries access and report to the competent authority for 

approval.

 

Fisheries access undertaken by any non-member of fishermen’s 

association or fishery production cooperative shall be concluded

 by a contract separately.

 

Article 20

The fishing right shall be considered as a right in rem. Except 

as this Act otherwise provides, the provisions of the rights in

 rem of real property in the Civil Code shall, mutatis mutandis, 

apply.

 

Article 21

The creation, acquirement, alternation, and loss of fishing 

right will not effect until the recordation has been made.

 

In rendering administrative disposition pursuant to Articles 10,

 11 and 29 regarding set net fishing right, demarcated fishing 

right and exclusive fishing right, the competent authority shall

 also register such administrative disposition to the respective 

fishing right.

 

In processing the registration of fishing rights, the competent 

authority may charge the applicant registration fees. The 

regulations on registration and the amount of fees shall be 

prescribed by the central competent authority.

 

Article 22

In matters regarding to fishing rights whose jurisdiction
residing in court for the place where the real property is
located, the place where the real property is located should
be the municipality or city/county whose coast closest to the
fishing ground.

 

Article 23

Exclusive fishing right shall not be the subject of any other 

rights or juridical acts other than entitling the holders to 

have fisheries access.

 

Article 24

Set net fishing right and demarcated fishing right shall not be 

the subject of any other rights or juridical acts except for 

succession, transfer, and mortgage.

 

Article 25

Unless approved by the competent authority, no mortgage shall be

 created over the fishing right as referred to in the preceding 

article, nor shall such right be transferred unless otherwise 

arises out of a compulsory execution and the approval of the 

competent authority has been duly granted.

 

A fishery operator or fishery employee shall be preferred to be 

the transferee of the compulsory execution and the transfer as 

referred to in the preceding paragraph.

 

Except as otherwise provided in a contract, the working articles 

grounded within a fishing ground over which a mortgage has been 

registered shall be deemed as the subject of the mortgage 

created.

 

Article 26

Except as the competent authority otherwise approves, the 

fishing right shall neither be merged nor subdivided.

 

Article 27

Unless consented by at least two-thirds of the other 

joint-holders who hold their respective percentage shares, the 

joint-holders of set net fishing right, demarcated fishing 

right or fisheries access privilege shall in no event dispose of

 their respective percentage shares.

 

The provision of the preceding paragraph shall, mutatis 

mutandis, apply to the fishing right jointly held by public 

bodies.

 

Article 28

The term of fishing rights shall be as follows:

(1) Set net fishing right: 5 years.

(2) Demarcated fishing right: 5 years.

(3) Exclusive fishing right: 10 years.

 

Upon the expiration of the term as referred to in the preceding 

paragraph, the fishing right holder may be preferred to apply 

for renewing the respective right.

 

Article 29

The competent authority may alter or revoke its approval to 

fishing right or suspend the operation of any fishing right, if

 any of the following circumstances occurs:

(1) Requirements of national defense.

(2) Economic utilization of land.

(3) Conservation of aquatic resources.

(4) Requirements of environmental protection.

(5) Navigation and anchorage of any vessel.

(6) Laying of underwater pipelines and cables.

(7) Exploration and exploitation of minerals.

(8)Requirements of other public interests.

 

Before rendering any administrative disposition as referred to 

in the preceding paragraph, the competent authority shall 

publicize such disposition in advance and notify all fishery 

operators concerned.

 

Where the administrative disposition as referred to in paragraph

 1, cause any loss to the fishery operator, the relevant 

competent authority or the party claiming alteration, 

revocation, or termination shall reconcile the operator to make 

appropriate compensation for the losses. Should the 

reconciliation fails, the central competent authority shall 

decide the content of the compensation.

 

Article 30

The fishery access privilege shall not be the subject of other 

rights or juridical acts except for succession and transfer.

 

Article 31

The term of a fishery access privilege that is not specified 

shall be valid for a term as that of an exclusive fishing right.

 

Article 32

An exclusive fishing right holder may collect fishery access 

fees from fishery access privilege holders. The amount of the 

fees shall be enunciated in the rules or the contract of fishing 

access.

 

Article 33

The fishing right holder may, with the consent of the land owner

 or land user, utilize the land or limit the removal of bamboo, 

timber, soil and stones from the land, if it is deemed necessary 

for the followings:

(1) To build signs of the fishing ground.

(2) To build or maintain necessary signs within the fishing 

ground.

(3) To build beacons or other necessary facilities relating to 

fishing right.

 

Article 34

For the purposes of fisheries survey, site investigation, or the 

building of facilities as referred to in any subparagraph of the

 preceding article, the fishing right holder may, with the 

consent of the land owner and land user, access to the land or 

remove any obstruction from the land.

 

Article 35

If any of the circumstances as referred to in the preceding two 

Articles is deemed as necessary but fails to obtain consent, the 

fishing right holder may apply to the competent authority for 

approval and take the said action after the approval is granted.

 In case that approval is granted, the competent authority shall

 publicize it and notify the said land owner and user. Any loss 

incurred should be borne by the applicant through appropriate 

compensation.

 

Chapter 3  Directed Fisheries

Article 36

For the purpose of this Act, the term “directed fishery” means 

the fishery authorized by the competent authority for the use of 

fishing vessels to catch or harvest aquatic organisms for 

commercial purposes.

 

The authorizations of fishery operation as referred to in the 

preceding paragraph shall include the types of fishery, 

operating period and operating areas, and such items shall be 

stipulated in the fishing license.

 

Article 37

The competent authority may impose restrictions on respective 

directed fishery regarding the total number and tonnage of the 

fishing vessels, operating areas, operating period and other 

matters, if any of the following circumstances occurs:

(1) Conservation of aquatic resources.

(2) Adjustment of fisheries structure.

(3) Restriction of international fisheries agreements or 

fisheries cooperation with foreign countries.

 

Article 38

Where the restrictions imposed in accordance with the provisions

 of the preceding Article on the total number of fishing vessels

within respective directed fishery requires the reduction of the

 approved number of fishing vessels, the fisheries association of 

the particular directed fishery shall coordinate with the 

operators for the reduction. The operators who continue their 

operation shall compensate those who are restricted. Provided 

that those fishing vessels imposed restrictions may operate 

other types of fishery, no compensation needs to be given. 

Should no coordination be reached, the competent authority shall

 mediate between the relevant operators, and make a decision at 

its discretion if such mediation fails.

 

Where the restrictions as referred to in the preceding paragraph 

cause termination of the fishery operation and revocation of the 

fishing license, the competent authority shall make appropriate 

compensation accordingly.

 

Article 39 (deleted)

 

Article 39-1

Where a fishing vessel whose operating areas approved by the 

central competent authority contain the high risk areas being 

threaten by pirates or illegal armed force, the fishery operator

 may hire privately contracted armed security provided by the 

private maritime security corporations. 

 

The fishery operator as referred to in the preceding paragraph 

shall report to the central competent authority for perusal with 

enclosure of relevant documents for each vessel. The central 

competent authority shall forward such information to the 

Ministry of Interior, Ministry of Finance, and Coast Guard 

Administration of Executive Yuan. 

 

The fishery operator shall request the employed privately 

contracted armed security who is not a national of the Republic

 of China to embark or disembark the vessel abroad with the 

firearms, ammunitions or knifes possessed or used by him/her, 

and shall not enter into the territory of the Republic of China

 other than the fishing vessel that has been reported for
perusal to be safeguarded. 

 

The high risk areas of threat as referred to in paragraph 1 

shall be promulgated by the central competent authority. 

 

The procedures of reporting for perusal, documents required to 

be attached such as the fishing licenses, employment plan and 

insurance plan, the regulations governing the management of 

privately contracted armed security and the firearms, 

ammunitions or knifes possessed or used by them, the record of 

use and other requirements as addressed in paragraph 2, shall be

 prescribed by the central competent authority. 

 

The central competent authority shall integrally collect the 

relevant information on private maritime security corporation 

for reference to the fishery operator.

 

Article 40 (deleted)

 

Article 40-1 (deleted)

 

Article 40-2 (deleted)

 

Chapter 4  Recreational Fishery

Article 41

For the purpose of this Act, the term "recreational fishery" 

means the fishery using fishing vessels for recreational 

purposes, or for passengers to catch or harvest aquatic 

organisms or to engage in sightseeing on the water or on islands 

or islets.

 

Any fishery operator engaging in recreational fishery as 

referred to in the preceding paragraph shall apply to the 

competent authority and can only operate after the license is 

granted.

 

The operating period of recreational fishery approved by the 

competent authority shall not be more than five years, and shall 

not exceed the validity period of vessel inspection and 

insurance. 

 

Any fishery operator as referred to in paragraph 2 intends to 

continue its operation shall apply for the renewal of license at 

least three months prior to its expiration. 

 

The regulations on the application, alternation, abolishment, 

renewal of fishing license for recreational fishery and other 

matters should be recorded on the license as addressed in 

paragraph 2, shall be prescribed by the central competent 

authority.

 

Article 41-1

The inspection, measurement, certified passenger quota, 

navigable waters, and other compliance matters of full-time or 

part-time recreational fishing vessels, shall be subject to the 

regulations prescribed by the shipping administration authority

 on passenger ship and passenger small ship. 

 

Any recreational fishing vessels shall not carry passengers in 

excess of the passenger quota certified pursuant to the 

preceding paragraph, and shall not carry passengers outside the

 navigable waters specified pursuant to the preceding paragraph.

 

Article 41-2

Any fishery operator of recreational fishing vessel shall 

subscribe to liability insurance in accordance with the amount 

provided by the central competent authority, and shall subscribe

 to insurance covering injuries to passengers.

 

The beneficiary of the insurance policy as referred to in the 

preceding paragraph shall be limited to the insured party or 

his/her legal heir(s), without being subject to Article 135 of 

the Insurance Act applying mutatis mutandis to Article 105 and 

Article 107 of the same act. 

 

Upon expiry of the insurance as referred to in Paragraph 1, the 

fishery operator shall obtain renewal.

 

Article 42

The recreational fishery operator shall obtain the consent of 

the exclusive fishery right holder and comply with the rules 

prescribed by the said holder prior to operate within the waters 

covered by the exclusive fishing right. The exclusive fishing 

right holder cannot withhold his consent without justification.

 

Article 43

Regulations governing the items of activities, methods of 

catching or harvesting aquatic organisms, time limit of being 

out at sea, operating areas, numbers of fishing vessel, tonnage 

and length of fishing vessel, procedures on the entering and 

leaving port for fishing vessels, qualifications of fishing 

vessel officer or pilot, and other requirements, shall be 

prescribed by the central competent authority.

 

Chapter 5  Conservation and Management 

Article 44

For the purposes of resources management and fisheries structure 

adjustment, the competent authority may promulgate regulations

 on the following matters:

(1) Restriction or prohibition of the catching, harvesting, or 

processing of aquatic organisms.

(2) Restriction or prohibition of the sale or possession of 

aquatic organisms or the products made therefrom.

(3) Restriction or prohibition of the use of fishing gears and 

fishing methods.

(4) Restriction or prohibition of fishing area and fishing 

period.

(5) Restriction or removal of any object obstructing the 

migratory routes of aquatic animals.

(6) Restriction or prohibition of placing or dumping of objects

 harmful to aquatic organisms.

(7) Restriction or prohibition of placing or removal of 

protective objects necessary for the propagation of aquatic 

organisms.

(8) Restriction or prohibition of transplantation of aquatic 

organisms.

(9) Other matters as deemed necessary.

 

Any fishery operator violating any provisions of subparagraph 4

 to 9 of the preceding paragraph, shall be imposed with 

administrative disposition by the authority that made the 

promulgation. 

 

The municipal or county (city) competent authorities shall 

report to the central competent authority for approval prior to

 any promulgation pursuant to the provisions of paragraph 1.

 

Article 45

For the purposes of conserving aquatic resources, the competent

 authority may designate and establish on aquatic organisms 

propagation and conservation zone.

 

The establishment of aquatic organisms propagation and the 

conservation zones shall be subject to the approval of the 

municipal competent authority. In the case of the county(city), 

the competent authority shall submit a management plan of the 

conservation zones to the central competent authority for 

approval and promulgate the establishment after being approved. 

In case of the establishment of conservation zone involving two 

or more provinces (municipalities), it shall be reported to the 

central competent authority for approval.

 

The municipal/county/city competent authority with jurisdiction 

over the conservation zone shall be responsible for the 

management of the conservation zone. Where the jurisdiction over 

the waters on which the conservation zone established is 

extended over two or more provinces/municipalities/counties/

cities or is not clear, the central competent authority shall

 appoint an agency to manage the conservation zones.

 

Article 46

For the purposes of conserving aquatic resources, the 

competent authority may undertake survey on respective directed 

fishery regarding its catch volume, operation conditions and

sea conditions.

 

In undertaking the investigation as referred to in the 

preceding paragraph, the competent authority may request the 

fishery operator or fishery employee to submit a report on 

catch volume, operation period, fishing gears, fishing methods 

and other relevant reports. The fishery operator or the fishery

 employee shall not refuse.

 

Article 47 (deleted)

 

Article 48

Aquatic organisms shall not be caught or harvested by the use 

of:

(1) Toxic substances.

(2) Explosives or other dynamites

(3) Electricity or other narcotics.

 

The restrictions provided in the preceding paragraph shall not 

apply to those for experimental and research purposes and with 

permission from the central/municipal competent authority.

 

Article 49

The competent authority may designate officer(s) to the fishing 

vessel, fishing grounds of the fishing right fishery, fish farms

 of inland aquaculture or other relevant sites of the fishery 

operator to inspect the operator’s catch, fishing gears, account

 books, and other objects, as well as to question any relevant 

party. The Coast Guard Administration may, pursuant to its 

mandate, designate officer(s) to the fishing vessel of the 

fishery operator for inspection and question any relevant party.

 The relevant party shall not evade, obstruct or deny any of the 

inspections.

 

In carrying out the inspection as referred to in the preceding

 paragraph, where the officer finds any offense of crime 

regarding fisheries but is not in the position to request the 

judicial authority to proceed with search or attachment in time,

 the officer may provisionally seize the fishing vessel, the 

catch, or any other object that may serve as evidence of the 

crime committed. In case that any other violation of the 

provisions of this Act is found, the catch, the fishing gears 

and other objects may be sealed.

 

The provisional seizure or seal undertaken in accordance with 

the preceding paragraph shall be witnessed by any person in 

charge of the fishing vessel or the site, or any other civil 

servant. An inventory shall be made in respect of the objects

 being provisionally seized  or sealed.

 

After the provisional seizure conducted pursuant to paragraph 2,

 the competent authority or the Coast Guard Administration shall

 immediately contact the judicial authorities for search or 

seizure and deliver the provisionally seized objects.

 

In carrying out the inspection, the officer as referred to in 

paragraph 1 shall produce his/her identification and the 

authorization specifying the scope of inspection. In case that 

the officer fails to do so, the person to be inspected may 

refuse such inspection.

 

Article 50

Where any dispute arises concerning the operation areas, fishing

 grounds, or the methods of catching, or aquaculture, the 

fishery operator may apply to the competent authority for 

mediation.

 

Article 51

Where there are more than one fishing methods used within the 

same fishing ground, the competent authority may, in 

consultation with fishery operators, prescribe rules for 

operation.

 

Chapter 6  Fishery Development 

Article 52

For the purposes of facilitating accommodation of fisheries 

fund, the competent authority shall, in consultation with the 

authorities concerned, consult with financial institutions in 

providing various fishery loans.

 

Whenever necessary, the financial and the fisheries competent 

authorities may approve the establishment of fisheries financial

 institutions.

 

Article 53

For the purposes of promoting fisheries investment and assuring

 fisheries security, the competent authority shall coordinate 

with the authorities concerned to conduct various fisheries 

insurance programs, or shall designate fishermen’s associations 

or consult with public or private insurance institutions to 

undertake the programs.

 

Article 53-1

For the purposes of protecting fishermen's lives and property

 safety, the competent authorities may prescribe regulations 

regarding salvage operations for fishing vessels in maritime 

distress, succors for fishermen and fishing vessels in distress,

 awards to motor-powered vessel owners, and insurance to 

fishermen in their sea operations.

 

Article 54

For the purposes of assuring fishery security and maintaining 

the orderly operation within fishing areas, the competent 

authority shall conduct the following matters:

(1) The construction and maintenance of fishing ports and 

fisheries infrastructures.

(2) The disposition of patrol fleets to perform the duties of 

salvage, patrol, and fishery protection.

(3) The establishment of fisheries radio broadcasting stations.

(4) The establishment of safety facilities such as beacons, 

sign poles and weather forecasting systems.

(5) The prescription of regulations governing the operation of 

fishing grounds and fishing vessels.

(6) The requisition to the Ministry of Defense and other 

authorities concerned for necessary assistance and protection.

 

Article 55

The competent authority may provide awards or incentives to 

those who have performed any of the following:

(1) Improving facilities which are conducive to fisheries safety

 and salvage.

(2) Improving fishing vessels, fishing gears, fishing methods or

 processing methods of fisheries products, with remarkable
result.

(3) Promoting fisheries education or conducting fisheries 

research, with remarkable result.

(4) Exploiting fisheries resources which are conducive to 

fisheries development.

(5) Any other performance with significant contribution to 

fisheries development.

 

The regulations governing the awards and incentives as referred

 to in the preceding paragraph shall be prescribed by the 

central competent authority.

 

Article 56

For the purposes of promoting fisheries development, the 

government shall establish fisheries development fund. The 

competent authority shall propose the amount of the said fund to 

the Executive Yuan for approval, and duly appropriate its budget

 accordingly.

 

The Executive Yuan shall prescribe regulations governing the 

incomes and expenditures, custody and utilization of the 

fisheries development fund.

 

Article 57

For the purposes of coping with price fluctuation of fisheries 

products and stabilizing the market of fisheries products, the 

competent authority may take applicable guiding measures to 

maintain the stabilization of price and sustainable development 

of industries.

 

Article 58

Fishing vessels, fishing gears, or materials for fishing 

imported for the purposes of fisheries production, shall be 

exempted from or reduced from import duties in case such items 

are not manufactured domestically or the quantity of those 

domestically manufactured is insufficient to meet the demand. 

Any item imported by fisheries research institutes for 

experimental and research purposes shall be exempted from import 

duties.

 

The Executive Yuan shall decide and promulgate those items 

eligible for exemption or reduction of import duties and the 

applicable criteria as referred to in the preceding paragraph.

 

Article 59

Fuel for powered equipment used in fisheries shall be exempted

 from commodity tax. The Executive Yuan shall decide the 

standard of preferential price of the fuel for powered equipment

 used in fisheries.

 

Chapter 7  Penal Provisions

Article 60

Any person who violates the provisions of any subparagraph of

 Article 48, paragraph 1 shall be subject to imprisonment for a 

period of not exceeding five years, short-term imprisonment, or 

in addition thereto a fine of not exceeding one hundred and 

fifty thousand New Taiwan Dollars.

 

Any person who violates the rules promulgated by the competent 

authority pursuant to subparagraph (1) and (2) of Article 44, 

paragraph 1 shall be subject to imprisonment not exceeding three

 years, short-term imprisonment, or in lieu thereof or in 

addition thereto a fine of not exceeding one hundred and fifty 

thousand New Taiwan Dollars.

 

Article 61

Any person who violates the rules on the restriction or 

prohibition of fishing gears and fishing methods promulgated by 

the competent authority pursuant to subparagraph (3) of Article 

44, paragraph 1shall be subject to imprisonment not exceeding 

six months, short-term imprisonment, or in lieu thereof or in 

addition thereto a criminal fine of not exceeding thirty 

thousand New Taiwan Dollars.

 

Article 62

Any person who undertakes any of the following activities shall 

be liable to short-term imprisonment or in lieu thereof a fine 

of not exceeding one hundred and fifty thousand New Taiwan 

Dollars:

(1) Altering the fishing vessel’s name or the registration 

number.

(2) Removing, vitiating, or destroying the signs on any fishing 

grounds or fishing gears.

(3) Setting up fences, buildings, or any fishing gears to 

obstruct the migratory routes of fish without permission.

 

Article 63

Where the representative of a juridical person, the agent or 

employee of a juridical person or natural person, or any other

 employee, in performing his duty, violates the provisions of 

Articles 60 to 62, the offender shall be punished pursuant to 

the provisions of the respective article. In addition thereto, 

the relevant juridical person or natural person shall be imposed

 with a fine for the amount as specified in the relevant
article.

 

Article 63-1  (deleted)

 

Article 63-2  (deleted)

 

Article 64

Any person who undertakes any of the following activities shall

 be liable to a fine of between thirty thousand and three 

hundred thousand New Taiwan Dollars:

(1) Operating fisheries in violation of the provisions of

 Article 6.

(2) Violating the administrative disposition imposed by the 

competent authority pursuant to Article 29, paragraph 1.

(3) Continuing to operate fisheries after his fishing license 

has expired and application for renewal of the license has not 

been duly approved.

(4) Not being inspected or measured pursuant to provisions of 

Article 41-1, or carrying passengers in excess of the passenger 

quota or outside the navigable waters as certified.

 

Article 64-1

Where any fishing vessel leaving port in violation of the 

provisions of Article 11-1, paragraph 1 or 2, the fishery 

operator or vessel owner shall be liable to a fine of between 

sixty thousand and three hundred thousand New Taiwan Dollars.

 

Where any fishing vessel that does not return to port within the

 designated time limit pursuant to Article 11-1, paragraph 3, the

 fishery operator or vessel owner shall be liable to a fine of 

between sixty thousand and three hundred thousand New Taiwan 

Dollars, and the fine may be repeatedly imposed on a daily 

basis.

 

Article 64-2

Any fisheries operator who undertakes any of the following 

activities shall be liable to a fine of between sixty thousand 

and three hundred thousand New Taiwan Dollars:

(1) Violating the provisions of Article 39-1, paragraph 2, for 

hiring privately contracted armed security without reporting to 

the central competent authority for perusal in advance.

(2) Violating the provisions of Article 39-1, paragraph 3, for

 that the privately contracted armed security who is not a 

national of the Republic of China and employed by the fishery 

operator, does not embark or disembark the vessel abroad with 

the firearms, ammunitions or knifes possessed or used by 

him/her, or enters into the territory of the Republic of China 

other than the fishing vessel that has been reported for perusal 

to be safeguarded.

 

Article 65

Any person who undertakes any of the following activities shall 

be liable to a fine of between thirty thousand and one hundred 

and fifty thousand New Taiwan Dollars:

(1) Violating the restrictions or conditions imposed pursuant to

 Article 9.

(2) Violating matters as promulgated pursuant to Article 14.

(3) Violating the provisions or restrictions pursuant to Article 

36 or Article 37.

(4) Failing to apply for license pursuant to Article 41, 

paragraph 2.

(5) Failing to renew the license and continuing to operate 

recreational fisheries in violation of the provisions of Article 

41, paragraph 4.

(6) Violating any of the provisions of subparagraph (4) to (9) 

of  Article 44, paragraph 1.

(7) Refusing, evading, or obstructing an inspection carried out 

pursuant to Article 49, paragraph 1, or refusing to answer to
the officers’ queries without good cause or making false
statement.

(8) Violating the regulations prescribed pursuant to Article 54 

subparagraph (5).

(9) Violating the orders issued by the competent authority 

pursuant to this Act.

 

Article 66

Any person who undertakes any of the following activities shall

 be liable to a fine of between fifteen thousand and
seventy-five thousand New Taiwan Dollars:

(1) Violating the provisions of Article 11, paragraph 2 in 

suspending operation for more than one year without approval.

(2) Refusing, evading or obstructing the inspection carried out 

pursuant to Article 46, paragraph 1, or violating the provisions

 of Article 46, paragraph 2 by refusing to submit a report.

(3) Violating the rules for operation prescribed pursuant to 

Article 51.

 

Article 67  (deleted)

 

Article 68

In addition to the punishment imposed pursuant to Article 64, 

and Article 65, subparagraph (1) to (3), (6) to (8), the catches 

caught or transshipped or the fishing gears involved may also be 

confiscated, regardless of the ownership. In case the whole or 

part of such catches or fishing gears cannot be confiscated, the 

value of such catches or fishing gears shall be collected.

 

Chapter 8  Supplementary Provisions 

Article 69

The regulations for registration and management of inland 

aquaculture shall be prescribed by the municipal/county/city 

competent authority.

 

The municipal/county/city competent authority may plan and set 

up an aquaculture production area in which the environment is 

appropriate for developing aquaculture or presently fish farms 

concentrated. The regulations for the establishment and 

management shall be prescribed by the central competent 

authority.

 

Any aquatic organisms that involved in genetic breeding and 

transference shall run prior field tests and safety assessments

 before promotion and utilization. The regulations on the field 

test and breeding management of genetic bred and transferred 

aquatic organisms shall be prescribed by the central competent 

authority.

 

Article 69-1

In the event that the Republic of China has signed fisheries 

agreement (or arrangement) for the overlapping exclusive 

economic zones with any neighboring country, any fishing vessel 

and fisheries employee of that country operating in the area 

within the agreement (or arrangement), shall comply with the 

requirements of that agreement (or arrangement).

 

The requirements of the agreement (or arrangement) as referred

 to in the preceding paragraph, shall be promulgated by the 

central competent authority and published in the government 

gazette.

 

Article 69-2

Starting from 1 January 2009 till this Act amended on 22 January 

2015 becomes effective, during which the foreign crew members 

were hired by fishery operators without obtaining national 

health insurance cards, such foreign crew members are exempted 

from Article 9 of the National Health Insurance Act.

 

Article 70

The central competent authority shall prescribe the enforcement 

rules of this Act.

 

Article 71

This Act shall enter into force on the date of promulgation. For 

Article 7-1, Article 39, Article 40, Article 40-1, Article 40-2, 

Article 63-1, Article 63-2 and Article 68 amended on 5 July 

2016, they shall enter into force six months after the 

promulgation.