| Article 1
These Regulations are established pursuant to Article 41,
paragraph 5 and Article 43 of the Fisheries Act.
Article 2
The activities of recreational fishery stipulated in these
Regulations mean the following activities that a recreational
fishing vessel carries passengers on board or to islands or
reefs to engage in:
1. Harvesting aquatic animals or plants.
2. Watching fishing operations.
3. Watching natural environment and wildlife.
4. Whale watching.
A recreational fishing vessel authorized by the competent
authority may be offered for use in aquatic (fisheries)
resources research, marine environment research, fisheries
management, marine engineering projects, release of fish fry,
and deployment and maintenance of artificial reefs.
Any recreational fishing vessel which intends to carry
passengers to engage in diving activities as specified in
Article 19 of the Regulations Governing Water Recreation
Activities may do so only after it has obtained approval of the
competent authority and shall conform to the Regulations
Governing Water Recreation Activities.
The fishing gear and method used in the activities referred to
in paragraph 1, sub-paragraph 1 shall be restricted to rod
lining,
pole and line, and trolling.
Article 3
Passengers referred to in paragraph 1 of the preceding Article
shall not include:
1. Staff with fishing vessel crew identification who work on a
recreational fishing vessel.
2. Persons in distress at sea who were rescued by the captain
under obligation.
3. Persons who embark on a vessel in an illegal manner that
can not be stopped by the captain or owner of that vessel.
4. Persons who cannot leave the vessel due to performance of
official duties for extraordinary incidents.
Article 4
A recreational fishing vessel stipulated in these
Regulations means an existing fishing vessel that engages
in part-time recreational fishery, or is remodeled or to be
built as replacement to engage in the activities of
recreational fishery.
Article 5
Fishing vessels engaged in recreational fishery shall be over
1 gross ton.
Sampans and fishing rafts shall not engage in recreational
fishery. However, for public waters of certain depth with
natural barriers such as lagoons, the competent authority of
the government of the municipality or city (county) may
establish autonomous regulations for sampans and fishing
rafts to engage in part-time recreational fishery in
designated water areas.
Article 6
A recreational fishing vessel under 10 gross tons may be built
provided that replacement tonnage of three sampans or fishing
rafts has been obtained.
Article 7
The maximum number and tonnage categories of recreational
fishing vessels in every fishing port are set out in Attached
Table 1.
Article 8
Any person who intends to operate recreational fishery shall
fill in and submit an application form along with the following
documents for issuance of a recreational fishery license to the
competent authority in charge.
1. The professional certificate of fishing vessel officer or
the license of power-driven boat.
2. Crew members’ basic safety training certificates.
3. Copies of telecommunication equipment certificates.
4. Copies of liability insurance and personal injury insurance
contracts.
5. Copies of the record for ship inspection, ship inspection
certificate or license of small boat.
6. In the case of a newly-built vessel, the letter of ship
building permission.
7. In the case of a fishing vessel engaged in part-time
recreational fishery, a copy of the fishing license for
directed fishery.
8. If the applicant is a company or store, its registration
certificate and business plan.
9. A document proving that the ALC has been tested to be
capable of automatically transmitting positions by the
Overseas Fisheries Development Council of the Republic of
China, and a copy of a document proving that advance payment
of current year cost of communication has been made. However,
these documents may be exempted in the case of a recreational
fishing vessel which is free from the installation of an ALC
pursuant to Article 14, paragraph 1 or 2.
Article 9
The competent authority of the government of the municipality
or city (county) may designate islands or reefs for passengers
to conduct recreational fishery activities, and establish
autonomous regulations for recreational fishery activities
on islands or reefs.
Any recreational fishing vessel which intends to carry
passengers to islands or reefs for recreational fishery
activities shall do so only after the competent authority
of the government of the municipality or city (county)
administering the islands or reefs has issued an approval,
with a copy to the competent authority administering the
vessel, and annotated the recreational fishery license for
approval.
When the competent authority of the government of the
municipality or city (county) administering the islands or
reefs referred to in the preceding paragraph withdraws,
revokes or changes its approval to a recreational fishing
vessel, it shall immediately inform the competent authority
administering the vessel and amend or cancel the annotations
of approval on the recreational fishery license.
Article 10
A recreational fishery license shall contain the following
information:
1. The fishery operator ’ s name, address and national
identification
card number. If the fishery operator is a company or store,
its name, main office or operation site, and its
representative ’ s name, address and national identification
card number.
2. Items of recreational fishery activities approved for
operation.
3. Vessel ’ s name, registration number, gross tonnage and
net tonnage, length and overall length.
4. Type and horsepower of engine, fuel tank capacity and
navigation speed.
5. Telecommunication equipment.
6. Safety equipment.
7. Number of crew, maximum number of passengers and homeport
of the vessel.
8. Activity area.
9. Additional requirements for approval.
10. Date and order number of approval.
11. Valid period of the license.
12. Islands or reefs approved for carrying passengers to visit.
In the event of any change in the information referred to in
the preceding sub-paragraphs, the fishery operator shall apply
for change registration to the competent authority by
submitting supporting documents.
Article 11 (Deleted)
Article 12
For a recreational fishing vessel over 20 gross tons, its
officers shall have fishing vessel officer professional
certificates.
For a recreational fishing vessel under 20 gross tons, its
captain shall meet one of the following qualifications:
1. Having a commercial power-driven boat license.
2. Having both a deck officer professional certificate and an
engineer officer professional certificate.
3. Having a deck officer professional certificate, with a
crew member having an engineer officer professional
certificate.
The captain and chief engineer referred to in the preceding
two paragraphs shall have the certificate of basic safety
training. A senior crew member shall not act for the captain
or chief engineer. Any change of officers or pilot shall be
reported to the competent authority for perusal.
Article 13
From 1 April 2014, the minimum safe manning of a recreational
fishing vessel shall comply with the requirements of the
Attached Table 2.
Article 14
A recreational fishing vessel shall install an automatic
location communicator (ALC), a double side band (DSB) radio
telephone and an emergency position indicating radio
beacon (EPIRB) designated by the competent authority of the
central government. Where its telecommunication range is
beyond 24 miles from the fishery radio station (hereinafter
referred to as “ radio station ” ), the recreational
fishing vessel shall install additionally a single side
band (SSB) radio telephone, which shall be operated by a
radio operator with a valid certificate. However,
installation of ALC may be exempted in one of the following
cases:
1. Sampans and fishing rafts.
2. Vessels under 5 gross tons.
In one of the following cases, a recreational fishing vessel
may be exempt from installing an ALC after obtaining the
approval from the competent authority of the central
government, through the competent authority of the
municipality or city (county).
1. The vessel is over 5 but under 10 gross tons.
2. Except whale watching, the vessel does not engage in other
recreational fishery activities, or is not offered for any
use referred to in Article 2, paragraph 2.
3. The vessel is over 10 gross tons and engages in marine
life watching in coral reef area with each voyage less than
4 hours.
For recreational fishing vessel exempt from installing the
ALCs as approved by the competent authority of the central
government pursuant to the preceding paragraph, if the
vessels meet one of the following situations, the competent
authority of the central government may revoke their
exemption:
1. Vessels in violation of Article 21, paragraph 2 that
have been punished by the competent authority.
2. A recreational fishing vessel referred to in sub-paragraph
3 of the preceding paragraph with each voyage is exceeding
4 hours.
Article 15 Prior to departure of a recreational
fishing vessel, its fishery operator or captain shall
comply with the following provisions:
1. Data on weather and marine conditions shall be collected
and explained to passengers. Where local weather forecast
shows winds equal to or greater than force 7 on the Beaufort
Scale or adverse weather or marine conditions, which
could cause safety concerns to passengers, the vessel shall
not depart.
2. The vessel may depart only after it has undergone a
thorough check, an orientation for lifesaving equipment has
been given to passengers, and passengers have put on their
lifesaving jackets.
3. Where the recreational fishing vessel carries passengers
to islands or reefs, information on the geography and
environment of the islands or reefs and safety rules shall
be explained to passengers. And passengers shall be
required to wear, where appropriate, safety equipment
depending on environmental characteristics.
4. Embarkation and disembarkation instructions, safety on
board and rules for recreational fishery activities shall
be explained to passengers and marked in a noticeable
place on board.
5. Maximum number of passengers and number of crew shall be
marked in a noticeable place above the pilot seat and on
both sides of the hull of the vessel.
6. The ALC shall be switched on and transmit vessel
positions to the local radio station, and telecommunication
equipment shall be maintained functional in accordance
with Article 16.
Article 16
For a recreational fishing vessel that has installed an
ALC on board, the ALC shall be switched on 2 hours prior
to departure and its condition shall be checked with the
radio station. The vessel shall not depart until the
relevant authority of Coast Guard has checked and confirmed
with the radio station that the ALC on board is switched
on and functional.
After departure, the ALC on board the recreational fishing
vessel referred to in the preceding paragraph shall be
maintained operational and transmit positions to the
radio station hourly. After return to port, the vessel
may switch off the ALC only after notifying the radio
station.
When the radio station cannot receive positions from the
ALC on board a recreational fishing vessel, it shall
immediately report to the competent authority of the
central government, which shall order the vessel to return
to port for repairing. Before entry into port, the vessel
shall report its positions to the radio station by the
telecommunication equipment in every 30 minutes. After
entry into port, the vessel shall not depart until the
ALC is repaired.
Cost of communications of the ALC on board a recreational
fishing vessel shall be borne by the fishery operator.
Article 17
Before embarking on a recreational fishing vessel, a
passenger shall provide his or her national identification
card, passport or any other identity-proving document to
the fishery operator or the captain for making a list of
people on board.
A recreational fishing vessel may depart from the port
only after the fishery operator or captain have submitted
the information form on voyage plan and the list of people
on board to the relevant authority of Coast Guard
Administration stationed in that port.
Article 18 The fishery operator shall obtain
liability insurance. The scope and minimum coverage
amount shall be as follows:
1. Death and injury: NT$ 2 million per person.
2. Accident: NT$ 2 million multiplied by maximum number of
passengers and number of crew.
Article 19
The fishery operator shall obtain personal injury insurance
for all crew members and passengers on their behalf. The
minimum coverage amount shall be NT$ 2 million per person.
The fishery operator shall post the amount and the contents
of the personal injury insurance referred to in the
preceding paragraph in a noticeable place on board,
addressing them in the tickets or chartering contract.
Article 20 The captain and pilot of a
recreational fishing vessel shall comply with the
following requirements:
1. Shall not take passengers to islands or reefs not
contained in the recreational fishery license ’ s
annotations of approval.
2. Copies of the recreational fishery license, liability
and personal injury insurance policies shall be posted in
a noticeable place on board.
3. Shall not engage in any business activities other than
recreational fishery.
4. While passengers left vessel to conduct recreational
fishery activities, the vessel shall be moored waiting
nearby, unless approved otherwise by the competent
authority. Unless approved otherwise by the competent
authority for any extraordinary incident, the vessel
shall return to port with all passengers on board.
5. Other compliance requirements pursuant to relevant
regulations.
When a recreational fishing vessel takes passengers out to
sea for harvesting aquatic animals or plants, the fishery
operator or captain shall fill in and submit the catch
logbook or daily logbook of the current month to the
competent authority of the government of the municipality
or county (city) for perusal by the end of the following
month.
Article 21
Each voyage of a recreational fishing vessel shall not
exceed 48 hours.
The area of recreational fishery activities shall be
restricted to the areas within 30 miles of the coast of
Taiwan ’ s main island and Penghu, within 12 miles of the
coast of Pengjia Islet, Green Island and Lanyu, and the
islands between the offshore islands.
For operation of recreational fishery in Kinmen and Matsu
area, the fishery operator shall use locally-registered
recreational fishing vessels. The autonomous regulations
relating to the time and area of operation for the
recreational fishery is stipulated by the competent
authority of the local government in consultation with
relevant authorities.
Article 22
Recreational fishing vessels shall only enter into or
departing from its homeport. However, for those approved
by the competent authority to use another port for
operation, entry or departure, they shall be allowed to
enter or depart from that port during the approval period.
With regard to the port approved by the competent
authority for operation, entry and departure of the
recreational fishing vessel referred to in the preceding
paragraph, in the case that the port is beyond the
jurisdiction of the competent authority, prior approval
shall be obtained from the competent authority
administering the port through coordination.
During a necessary voyage between its homeport and port
approved by the competent authority, a recreational fishing
vessel shall not engage in any recreational fishery
activity.
Article 23
The competent authority of the government of the
municipality or county (city) may establish whale watching
rules or guide the fishery operators to establish a
convention on self-regulation.
The fishery operator or captain of a recreational fishing
vessel carrying passengers for whale watching shall place
whale watching rules or the convention on self-regulation
in a noticeable or easily accessible spot on board for
passengers.
Article 23-1
Discount fares for recreational fishing vessels shall be
offered to child passengers and be charged in accordance
with the following:
1. For children under one year of age, no fare shall be
charged.
2. For children older than one year of age but under three
years of age, the maximum fare shall not exceed 30% of the
adult fare.
3. For children older than three years of age but under
twelve years of age, the maximum fare shall not exceed 80%
of the adult fare.
Article 24
Before a recreational fishing vessel carries passengers to
engage in activities of recreational fishery, in the event
of one of the following circumstances, the competent
authority shall impose punishment pursuant to relevant
regulations and promptly prohibit the vessel ’ s departure
from port.
1. Application has not been made for inspection, measurement
and registration as required.
2. Number of passengers on board exceeds maximum number of
passengers.
3. A recreational fishery license has not been obtained.
4. The crew members and pilot do not have the certificate or
license as required by Article 12, paragraph 1 and 2.
5. Failure to install qualified lifesaving, fire fighting
and telecommunication equipments as required.
6. Manning of the vessel does not comply with Article 13.
7. Failure to install an ALC on board in accordance with
Article 14.
8. Failure to transmit vessel positions to local radio station
or maintain telecommunication equipment functional in
accordance with Article 15, sub-paragraph 6.
9. Failure to obtain insurance in accordance with Article 18
or 19.
The competent authority of the central government may
commission the relevant authorities of Coast Guard
Administration to enforce inspections and prompt prohibition
referred to in each sub-paragraph of the preceding paragraph.
Article 25
These Regulations shall enter into force on the date of
promulgation. |