| Legislative： |
1.The full text of 49 articles were promulgated by the
Nationalist Government on 11 November 1929 and became
effective from 1 July 1930.
2.Article 2, 3, 18, 19, 34, 38, 39, and 47 were amended and
promulgated by the Nationalist Government on 5 August 1932.
3.The full text of 65 articles was amended and promulgated by
the President on 30 April 1970.
4.Article 2 was amended and promulgated by the President on 6
January 1986.
5.The full text of 71 articles was amended and promulgated on
1 February 1991 by Presidential Order Hua-Tsung (1) Yi-Tzu
No. 0670.
6.Article 2, 45, 48, and 69 were amended and promulgated by
Presidential Order Hua-Tsung (1) Yi-Tzu No. 09100120990 on
19 June 2002.
7.Article 7-1 and 53-1 were added, and Article 8 was amended
and promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu
No. 09100243580 on 18 December 2002.
8.Article 41 was amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No. 09700002351 on 9 January 2008.
9.Article 11-1 and 64-1 were added and Article 64 was amended
and promulgated by Presidential Order Hua-Tsung (1) No.
10100264231 on 28 November 2012.
10.Article 69-1 was added and promulgated by Presidential
Order Hua-Tsung (1) No. 10200088111 on 8 May 2013.
11.Article 39-1, 41-1, 41-2, and 64-2 were added, and Article
41, 43, 44, 60, 64, and 65 were amended and promulgated by
Presidential Order Hua-Tsung (1) No. 10200156101 on 21
August 2013.
12.Article 69-2 was added and promulgated by Presidential
Order Hua-Tsung (1) No. 10400013341 on 4 February 2015.
13.Article 40-1, 40-2, 63-1, and 63-2 were added, and Article
57 and 68 were amended and promulgated by Presidential
Order Hua-Tsung (1) No. 10400075341 on 1 July 2015.
14.Article 39, 40 to 40-2, 47, 63-1, 63-2, and 67 were
deleted; and Article 7-1, 49, 61, 68, and 71 were amended
and promulgated by Presidential Order Hua-Tsung (1) No.
10500078581 on 20 July 2016, and they became effective upon
the date of promulgation. Notwithstanding, Article 7-1, 39,
40 to 40-2, 63-1, 63-2, and 68 became effective six months
after promulgation.
The mandates that belong to the “Coast Guard Administration”
as stipulated in Article 11-1, paragraph 4; Article 49,
paragraph 1 and 4 were originally under the mandates of the
“Coast Guard Administration, Executive Yuan” and shall be
under the mandates of the “Coast Guard Administration of the
Ocean Affairs Council” from 28 April 2018.The mandates that
belong to the “Coast Guard Administration, Executive Yuan”
as stipulated in Article 39-1, paragraph 2 shall be under the
mandates of the “Ocean Affairs Council” from 1 August 2023,
as promulgated by the announcement Yuan-Tai-Guei-Tzu No.
1070172574 made by the Executive Yuan on 27 April 2018.
15.Article 59-1 was amended and promulgated by Presidential
Order Hua-Tsung (1) No. 10700140851 on 26 December 2018.
The mandates that belong to the “Council of Agriculture,
Executive Yuan” as stipulated in Article 2; Article 5;
Article 6; Article 7; Article 7-1; Article 8; Article 9;
Article 10; Article 11; Article 11-1, paragraph 1, 3, 4;
Article 12; Article 13; Article 14; Article 17, paragraph 1;
Article 19, paragraph 1; Article 21, paragraph 2,3; Article
25, paragraph 1; Article 26; Article 29; Article 35; Article
36, paragraph 1; Article 37; Article 38; Article 39-1,
paragraph 1,2,4,5,6; Article 41, paragraph 2,3,5; Article
41-2, paragraph 1; Article 43; Article 44; Article 45; Article
46; Article 48, paragraph 2; Article 49, paragraph 1,4;
Article 50; Article 51; Article 52; Article 53; Article 53-1;
Article 54; Article 55; Article 56, paragraph 1; Article 57;
Article 59-1; Article 60, paragraph 2; Article 61; Article 64,
subparagraph (2); Article 64-2, subparagraph (1) ; Article 65,
subparagraph (9) ; Article 69, paragraph 2,3; Article 69-1,
paragraph 2; and Article 70 shall be under the mandates of the
“Ministry of Agriculture” from 1 August 2023. The mandates
hat belong to the fisheries research institutes as stipulated
in Article 58, paragraph 1 were originally under the mandates
of the “Fisheries Research Institute, Council of Agriculture,
Executive Yuan” and shall be under the mandates of the
“Fisheries Research Institute, Ministry of Agriculture” from
1 August 2023, as promulgated by the announcement Yuan-Tai-
Guei-Tzu No. 1125014346 made by the Executive Yuan on 27 July
2023. |
| Content： |
Chapter I General Principles
Article 1
This Act is enacted to conserve and rationally utilize aquatic
resources, increase fisheries productivity, promote sound
fisheries development, guide and assist the recreational
fishery, maintain the orderly operation of fisheries, and
improve livelihoods of fishermen. Matters not stipulated in
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”
means the Council of Agriculture of the Executive Yuan at the
central government level, municipal governments at
municipality level, and county/city governments at county/city
level.
Article 3
For the purpose of this Act, the term “fishery” or
“fisheries” means the industries of catching/harvesting or
cultivating aquatic fauna and flora, 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 fishing 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 member of fishing vessels or any other person
who catches/harvests or cultivates aquatic fauna and flora for
any fishery operator.
Article 5
Fishery operators shall be limited to persons with the
nationality of the Republic of China. However, such
restriction is not applicable to any foreign person 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 public waters or
non-public waters adjacent thereto shall obtain approval and
fishing license from 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 issuing
licenses and the amount of the fees shall be prescribed by the
central competent authority.
Article 7-1
The competent authority shall not issue fishing licenses in
the event of any of the following circumstances:
(1)The concerned fishing license has been withdrawn or revoked
by the competent authority in accordance with this Act or
the Act for Distant Water Fisheries.
(2)The concerned fishing vessel is confiscated or forfeited.
(3)The concerned vessel is imported without permission from
the competent authority.
(4)The period during which the restriction or suspension of
the right to operate any fishery in accordance with Article
10 of this Act has not passed.
(5)The concerned fishing license has been suspended in
accordance with this Act or the Act for Distant Water
Fisheries, and the execution of such punishment has not yet
completed.
(6)The fine imposed in accordance with this Act or the Act for
Distant Water Fisheries has not yet been paid.
(7)Before the change of ownership, the current fishery
operator violates this Act or the Act for Distant Water
Fisheries and the competent authority has not yet imposed
punishment(s).
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
processing in accordance with the regulations of the competent
authorities for trade.
Guidelines for the building, modification, and chartering of
fishing vessels as referred to in paragraph 1; for the mandate
of the permission of the competent authority, qualifications,
conditions, application procedures for the permission of
import and export as referred to in the preceding paragraph;
as well as other requirements shall be prescribed by the
central competent authority.
Article 9
For the purpose of exploiting or conserving aquatic resources,
or for the need of public interests, the competent authority
may impose restriction(s) or condition(s) when giving approval
to any fishery operation.
Article 10
For any fishery operator who violates the provisions of this
Act or any order promulgated pursuant to this Act, the central
competent authority may restrict or suspend the operator’s
right to operate any fishery, or suspend his/her fishing
license for not more than one year. Where the violation is
considered serious, the central competent authority may
withdraw the approval for fishery operation or revoke the
fishing license of the fishery operator.
For any fishery employee who violates this Act or any order
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 serious, the
central competent authority may withdraw the Certificate of
Fishing Vessel Officer or Fishing Vessel Crew Identification.
Article 11
Where any of the following circumstances occurs, the competent
authority shall withdraw the approval for the fishery
operation:
(1)The concerned fishery operator does not have any
justification for not being able to undertake his/her
fishery operation for more than one year from the date of
approval, or suspends his/her fishery operation for more
than two consecutive years without approval.
(2)The concerned fishery operator has applied and been
approved for fishery operation as a person of the Republic
of China, but loses his/her nationality of the Republic of
China.
(3)The approval for fishery operation is obtained by fraud or
illicit means of the concerned applicant.
Without stating justification and being approved by the
competent authority, any fishery operator shall not suspend
his/her fishery operation for one year or above. 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 for fishery operation has been withdrawn shall not
leave any port, except those who have re-applied and been
granted fishing licenses by the competent authority.
Any fishery operator’s fishing vessel whose fishing license
has been suspended or the right to operate fishery has been
restricted or suspended, shall not any leave port during the
period of such punishment.
Where any fishing vessel has left a port before the punishment
imposed by the central competent authority pursuant to Article
10, paragraph 1 or Article 11, paragraph 1, or left a port in
violation of the provisions of the preceding two paragraphs,
the central competent authority shall order the vessel to
return to port within the designated timeframe.
Where any fishing vessel leaves a port in violation of the
provisions of paragraph 1 or 2, the central competent
authority may commission coast guard authorities to take
appropriate measures to stop the vessel from leaving the port
or order it to return to port immediately. In case of any
resistance, the coast guard authorities may take compulsory
measure(s).
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 purpose 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
authorities. 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 fishery types,
respectively adopt and promulgate regulations on facilities of
fishing grounds; methods of catching, harvesting, and
cultivating; fishing gears; and any other matters as deemed
necessary.
Chapter II Fishing Right Fishery
Article 15
For the purpose of this Act, the term “fishing right(s)”
means any of the following rights:
(1)Set net fishing right: the right to set up underwater rocky
cliffs, build fences, or place fishing gears within a
specific water area for catching/harvesting aquatic fauna.
(2)Demarcated fishing right: the right to demarcate a specific
water area for operating aquaculture of fauna and flora.
(3)Exclusive fishing right: the right to use a specific water
area to form a fishing ground for fishing access privilege
holders to operate one of the following fisheries:
i.Catching/harvesting aquatic fauna and flora.
ii.Aquaculture of fauna and flora.
iii.Catching /harvesting aquatic fauna with anchored fishing
gear(s) within the waters at a depth of 25 meters or less.
Applicants for the exclusive fishing right as referred to in
the preceding paragraph shall be limited to fishermen’s
associations or fisheries production cooperatives.
Article 16
For the purpose of this Act, the term “fishing access
privilege” means the right to operate fishery within the area
of the exclusive fishing right.
Article 17
The competent authority shall, according to the production of
fishery resources and taking into account minerals exploration
and mining, navigation, irrigation, environmental protection,
and other public interests, plan holistically with respect to
fishing right fishery in public waters, formulate and
regularly publicize relevant programs annually, and accept
applications for fishing rights.
The programs as referred to in the preceding paragraph may be
adjusted according to practical needs, and the adjusted
version shall be publicized.
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 is
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 is
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 is registered in township/ town/city/district
where the fishing ground is located.
(6)Any non-fishery operator or non-fishery employee whose
household is registered in municipality/county/city where
the fishing ground is located.
(7)Any fishery operator or fishery employee whose household is
registered in other municipalities/counties/cities.
(8)Any non-fishery operator or non-fishery employee whose
household is registered in other municipalities/counties/cities.
Any fishery operator applying for continuous operation before
the expiration of his/her fishing right shall not be subject
to the 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 fishing access and report to the competent authority for
approval.
Fishing access undertaken by any non-member of a fishermen’s
association or fishery production cooperative shall also be
concluded by a contract.
Article 20
The fishing right shall be considered as a right in rem.
Except as otherwise provided in this Act, the provisions of
the rights in rem of real property in the Civil Code shall,
mutatis mutandis, apply.
Article 21
The creation, acquirement, change, and loss of fishing right
shall not take effect until the registration has been made.
In rendering any 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 applicants registration fees.
Regulations on registration and the amount of fees shall be
prescribed by the central competent authority.
Article 22
In the event that any litigation arises out of fishing rights
and the court of jurisdiction is decided in accordance with
the place where the real property is located, the place where
the real property is located shall be the municipality or
city/county whose coast closest to the concerned fishing
ground.
Article 23
Exclusive fishing right shall not be the subject of any other
rights or legal action, except for fishing access.
Article 24
Set net fishing right and demarcated fishing right shall not
be the subject of any other rights or legal actions, except
for inheritance, transfer, and mortgage.
Article 25
Unless otherwise approved by the competent authority, no
mortgage shall be created on the fishing rights as referred to
in Article 24, nor shall such rights be transferred without
the approval from the competent authority, except for
compulsory execution.
A fishery operator or fishery employee shall have the first
priority 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, working article(s)
fixed within a fishing ground over which a mortgage has been
created shall be deemed as the subject of the mortgage
created.
Article 26
Unless otherwise approved by the competent authority, fishing
rights shall neither be merged nor subdivided.
Article 27
Unless otherwise consented by at least two-thirds of the other
co-holders who hold their own shares, any co-holder of set net
fishing right, demarcated fishing right, or fishing access
privilege shall not dispose of his/her own share(s).
The provision of the preceding paragraph shall, mutatis
mutandis, apply to the fishing right held in common.
Article 28
The duration of fishing rights shall be as follows:
(1)Set net fishing right: five years.
(2)Demarcated fishing right: five years.
(3)Exclusive fishing right: ten years.
Upon the expiration of the duration as referred to in the
preceding paragraph, the priority of renewing such right shall
be given to fishing right holder(s).
Article 29
The competent authority may alter or withdraw its approval to
fishing right(s) or terminate the operation of any fishing
right, if any of the following circumstances occurs:
(1)Needs of national defense.
(2)Economic utilization of lands.
(3)Conservation of aquatic resources.
(4)Needs of environmental protection.
(5)Navigation and anchorage of any vessel.
(6)Laying of underwater pipelines and cables.
(7)Exploration and mining of minerals.
(8)Needs 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
operator(s) concerned.
Where the administrative disposition as referred to in
paragraph 1 causes any loss to fishery operator(s), the
competent authority of the targeted business or the party
claiming the alteration, withdrawal, or termination shall
reconcile the operator(s) to make appropriate compensation for
the loss(es). Should the reconciliation fail, the central
competent authority shall decide the content of the
compensation.
Article 30
The fishing access privilege shall not be the subject of any
other rights or legal action, except for inheritance and
transfer.
Article 31
For any fishing access privilege whose duration is not
specified, its duration shall be the same as the exclusive
fishing right.
Article 32
An exclusive fishing right holder may collect fishing access
fees from fishing access privilege holder(s). The amount of
the fees shall be provided in the rules or the contract of
fishing access.
Article 33
A fishing right holder may, with the consent of the concerned
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 sign(s) of the fishing ground.
(2)To build or maintain necessary sign(s) within the fishing
ground.
(3)To build beacon(s) or other necessary facilities relating
to fishing right.
Article 34
For the purposes of fisheries survey, site investigation, or
the building of the facilities as referred to in any
subparagraph of Article 33, the concerned land may be accessed
and any obstruction thereof may be removed, with the consent
of the land owner and land user.
Article 35
Where the consent cannot be obtained in the case of any of the
circumstances as referred to in the preceding two Articles and
it is deemed necessary, the relevant action(s) may be taken
after applying for and obtaining the approval from the
competent authority. When granting the approval, the competent
authority shall publicize it and notify the said land owner
and user. Any loss incurred shall be borne by the applicant
through appropriate compensation.
Chapter III Specified Fishery
Article 36
For the purpose of this Act, the term “specified fishery”
means using any fishing vessel to operate fishery specified by
the competent authority to catch/harvest aquatic fauna and
flora for commercial purposes.
The specified fishery as referred to in the preceding
paragraph includes the type(s) of fishery, operating
period(s), and operating area(s), and such items shall be
stipulated in the fishing license.
Article 37
The competent authority may impose restriction(s) on
respective specified fishery regarding the total number and
tonnage of fishing vessel(s), operating area(s), operating
period(s), and other matters, if any of the following
circumstances occurs:
(1)Conservation of aquatic resources.
(2)Adjustment of fisheries structure.
(3)Restrictions from international fisheries agreements or
fisheries cooperation with foreign countries.
Article 38
Where the restriction(s) imposed in accordance with Article 37
on the total number of fishing vessels within respective
specified fishery requires the reduction of the approved
number of fishing vessels, the fisheries association(s) of the
particular specified fishery shall coordinate with the
operators for the reduction. The operators who continue their
operation shall compensate those who are restricted. The
fishing vessels imposed with restrictions may operate other
fishery type(s), and in such case, compensation may not 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 restriction(s) as referred to in the preceding
paragraph causes termination of the fishery operation and
cancellation of the fishing license, the competent authority
shall make appropriate compensation accordingly.
Article 39
(deleted)
Article 39-1
Where a fishing vessel whose operating area(s) approved by the
central competent authority contains the high risk area(s)
threatened by pirates or illegal armed force, the fishery
operator may hire privately contracted armed security provided
by private maritime security corporation(s).
The fishery operator as referred to in the preceding paragraph
shall report to the central competent authority for reference
with the 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 the 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 firearms, ammunitions, or knives possessed or used by
him/her, and shall not enter the territory of the Republic of
China other than the fishing vessel(s) that has been reported
for reference to be safeguarded.
The high risk threatened area(s) as referred to in paragraph 1
shall be announced by the central competent authority.
Regulations for the procedures of reporting for reference;
documents to be enclosed such as fishing license(s),
employment plan(s), and insurance plan(s); management of
privately contracted armed security and the firearms,
ammunitions, or knives possessed or used by them onboard and
the record of use; as well as other requirements as referred
to in paragraph 2, shall be prescribed by the central
competent authority.
The central competent authority shall collect the relevant
information on private maritime security corporations for the
reference of fishery operators.
Article 40
(deleted)
Article 40-1
(deleted)
Article 40-2
(deleted)
Chapter IV Recreational Fishery
Article 41
For the purpose of this Act, the term "recreational fishery"
means the fishery that catches/harvests aquatic fauna and
flora for recreational purpose by using any fishing vessel to
conduct such activity on the water or by using any fishing
vessel to carry passenger(s) to conduct such activity on
island(s) or reef, or that engages in tourism by using any
fishing vessel to conduct such activity on the water or by
using any fishing vessel to carry passenger(s) to conduct such
activity on island(s) or reef.
Any fishery operator engaging in the recreational fishery as
referred to in the preceding paragraph shall apply to the
competent authority and may only operate such fishery after
the license is granted.
For any recreational fishery, the operating period as 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 that
intends to continue the operation shall apply for license
renewal at least three months prior to the expiry of the
validity.
Regulations on the application, change, revocation, and
renewal of fishing licenses for the recreational fishery as
referred to in paragraph 2 as well as matters to be recorded
on the licenses shall be prescribed by the central competent
authority.
Article 41-1
The inspection, measurement, certified number of passengers,
navigable waters, and other requirements for full-time or
part-time recreational fishing vessels shall be subject to the
regulations prescribed by the shipping administration
authority on passenger ships and passenger small ships.
Any recreational fishing vessels shall not carry passengers in
excess of the number certified pursuant to the preceding
paragraph, and shall not carry passengers outside the
navigable waters as specified pursuant to the preceding
paragraph.
Article 41-2
Any fishery operator of a recreational fishing vessel shall
take out the liability insurance in accordance with the
insurance amount specified by the central competent authority,
and shall take out the personal injury insurance for
passenger(s).
The beneficiary of the personal injury insurance policy as
referred to in the preceding paragraph shall be limited to the
insured party or his/her legal heir(s), not subject to Article
135 of the Insurance Act which prescribes that Article 105 and
Article 107 of the same act shall mutatis mutandis apply.
Upon expiry of the insurance as referred to in paragraph 1,
fishery operators shall renew the insurance.
Article 42
In case that any recreational fishery operates within the area
covered by an exclusive fishing right, consent of the
exclusive fishery right holder shall be obtained and rules
prescribed by the said holder shall be complied with. The
exclusive fishing right holder shall not withhold his/her
consent without justification.
Article 43
For recreational fishery, regulations on the items of
activities, methods of catching/ harvesting aquatic fauna and
flora, time limit of being out at sea, operating areas, number
of fishing vessels, tonnage and length of fishing vessels,
procedures on port entry and departure for fishing vessels,
qualifications of fishing vessel officers or pilots, and other
requirements shall be prescribed by the central competent
authority.
Chapter V 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)Restrictions or prohibitions on catching, harvesting, or
processing of aquatic fauna and flora.
(2)Restrictions or prohibition on sale or possession of
aquatic fauna and flora or the products made therefrom.
(3)Restrictions or prohibitions on use of fishing gears and
fishing methods.
(4)Restrictions or prohibitions on fishing areas and fishing
periods.
(5)Restrictions on or removal of any object obstructing the
migratory routes of aquatic fauna.
(6)Restrictions or prohibitions on placing or abandoning
objects harmful to aquatic fauna and flora.
(7)Restrictions or prohibitions on placing or removal of
protective objects necessary for the propagation of aquatic
fauna and flora.
(8)Restrictions or prohibitions on transplantation of aquatic
fauna and flora.
(9)Other matters as deemed necessary.
Anyone that violates any provisions of subparagraph 4 to 9 of
the preceding paragraph shall be imposed with administrative
disposition(s) by the authority that promulgated the
regulations.
The municipal or county (city) competent authorities shall
report to the central competent authority for approval prior
to any promulgation made pursuant to paragraph 1.
Article 45
For the purpose of conserving aquatic resources, the competent
authority may designate and establish conservation zone(s) for
aquatic fauna and flora reproduction.
The establishment of any conservation zone for aquatic fauna
and flora reproduction shall be subject to the approval of the
concerned municipal competent authority. In the case of a
county (city), the competent authority shall submit a
management plan of the conservation zone to the central
competent authority for approval and announce the
establishment after being approved. In case that the
establishment of a conservation zone involves 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 a conservation zone shall be responsible for
the management of the conservation zone. Where the
jurisdiction over the waters on which the conservation zone is
established involves two or more counties/cities or
provinces/municipalities, or the jurisdiction is not clear,
the central competent authority shall appoint an agency to
manage the conservation zone.
Article 46
For the purpose of conserving aquatic resources, the competent
authority may undertake surveys of catch amount, operation
conditions, and sea conditions with respect to specified
fishery .
In undertaking the surveys as referred to in the preceding
paragraph, the competent authority may require any fishery
operator or fishery employee to submit a report on catch
amount, operating period(s), fishing gear(s), fishing
method(s), and other relevant matter(s). The fishery operator
or the fishery employee shall not refuse.
Article 47
(deleted)
Article 48
Aquatic fauna and flora shall not be caught/harvested by the
use of:
(1)Toxic substances.
(2)Explosives or other dynamites.
(3)Electricity or other narcotics.
He/She whose purpose is for experimental and research and who
obtains the permission from the central or municipal competent
authority shall not be subject to the restrictions as referred
to in the preceding paragraph.
Article 49
The competent authority may dispatch personnel to any fishing
vessel, fishing ground of fishing right fishery, on shore fish
farm, or other relevant site(s) of any fishery operator to
inspect the catch, fishing gear(s), account book(s), and other
object(s), as well as to question any relevant party. The
Coast Guard Administration may, pursuant to its mandate,
dispatch personnel to any fishing vessel of a fishery operator
for inspection and questioning any relevant party. The
relevant party shall not evade, obstruct, or refuse.
In carrying out the inspection as referred to in the preceding
paragraph, where any offense of fisheries crime is found
whereas it is unable to request in time the judicial authority
to conduct search or seizure, the concerned fishing vessel,
catch, or other object(s) sufficient to prove the facts of
crime may be provisionally detained. In case that any other
violation of the provisions of this Act is found, the
concerned catch, fishing gear(s), and other object(s) may be
sealed.
The provisional detention or seal conducted in accordance with
the preceding paragraph shall be witnessed by any person in
charge of the fishing vessel or the site or any civil servant.
An inventory shall be made in respect of the object(s) being
provisionally detained or sealed.
After the provisional detention conducted pursuant to
paragraph 2, the competent authority or the Coast Guard
Administration shall immediately contact the judicial
authority for search or seizure and deliver the object(s)
provisionally detained.
In carrying out the inspection, the personnel as referred to
in paragraph 1 shall present his/her identification document
and the authorization specifying the scope of inspection. In
case that such personnel fail to do so, any person being
inspected may refuse such inspection.
Article 50
Where any dispute arises concerning the operation area(s),
fishing ground(s), or the method(s) of catching or
aquaculture, the concerned fishery operator(s) 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 the concerned fishery operators, prescribe
rules for operation.
Chapter VI Fishery Development
Article 52
For the purpose of fisheries financing, the competent
authority shall, in conjunction with the authorities
concerned, consult with financial institution(s) about
providing various fishery loans.
The financial and the fisheries competent authorities may,
when necessary, approve the establishment of fisheries
financial institution(s).
Article 53
For the purposes of promoting fisheries investment and
assuring fisheries safety, the competent authority shall
coordinate with the authorities concerned to launch various
fisheries insurance programs, or shall designate fishermen’s
association(s) or consult with public or private insurance
institution(s) to undertake the programs.
Article 53-1
For the purpose of protecting fishermen's lives and property
safety, the competent authority may prescribe regulations
regarding relevant matters such as salvage operations for
fishing vessels in distress, rescues of 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 safety and maintaining
the orderly operation within fishing areas, the competent
authority shall conduct the following matters:
(1)Construction and maintenance of fishing ports and fisheries
infrastructure.
(2)Deployment of patrol fleets to perform the duties of
salvage, patrol, and fishery protection.
(3)Establishment of fisheries radio broadcasting stations.
(4)Establishment of safety facilities such as beacons, sign
poles, and weather forecasting systems.
(5)Establishment of regulations on operating in fishing
grounds and the operation of fishing vessels.
(6)Requests to the Ministry of Defense and other authorities
concerned for the necessary assistance and protection.
Article 55
The competent authority may provide awards to any party that
is under any of the following circumstances:
(1)Improving facility/facilities thus conducive to fisheries
safety and salvage.
(2)Improving fishing vessel(s), fishing gear(s), fishing
method(s), or processing method(s) of fisheries products,
with remarkable result(s).
(3)Promoting fisheries education or conducting fisheries
research(es), with remarkable result(s).
(4)Exploiting fisheries resources thus conducive to fisheries
development.
(5)Contributing significantly by other means to fisheries
development.
Regulations on the awards as referred to in the preceding
paragraph shall be prescribed by the central competent
authority.
Article 56
For the purpose of promoting fisheries development, the
government shall establish a 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, expenditures, custody, and utilization of the
fisheries development fund.
Article 57
In response to price fluctuation of fisheries products and to
stabilize the production and marketing of fisheries products,
the competent authority may take appropriate guiding measures
to maintain the stabilization of price and sustainable
development of industries.
Article 58
For fishing vessels, fishing gears, and fisheries materials imported for the purpose of fisheries production, in case that
such items are not manufactured domestically or the quantity
of those domestically manufactured is insufficient the Customs
duty shall be exempted and reduced. Any item imported by a
fisheries research institute for fisheries experimental and
research purposes shall be exempted from the Customs duty.
The Executive Yuan shall decide and promulgate items eligible
for exemption or reduction of the Customs duty as referred to
in the preceding paragraph and standards thereof.
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.
Article 59-1
To encourage fishermen to voluntarily cease fishing, and to
reward fishermen for complying with the fishing closure, which
lasts for two months or more every year, as promulgated by the
central competent authority pursuant to Article 37 or 44, the
central competent authority shall annually budget the reward
for voluntary fishing cessation and closure by fishing
vessels.
For the reward for voluntary fishing cessation closure as
referred to in the preceding paragraph, regulations on the
qualifications for application, terms and conditions, required
documents, procedures, deadline, reward amount, manner(s) for
granting the reward, revocation condition(s), and other
requirements shall be prescribed by the central competent
authority.
Chapter VII 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 one to five years, short-term imprisonment, or in
addition thereto a criminal fine not exceeding 150 thousand
New Taiwan Dollars.
Any person who violates the regulations as 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 criminal fine not exceeding
150 thousand New Taiwan Dollars.
Article 61
Any person who violates the regulations on the restriction or
prohibition on fishing gears and fishing methods as
promulgated by the competent authority pursuant to
subparagraph (3) of Article 44, paragraph 1 shall be subject
to imprisonment not exceeding six months, short-term
imprisonment, or in lieu thereof or in addition thereto a
criminal fine not exceeding 30 thousand New Taiwan Dollars.
Article 62
Any person who undertakes any of the following activities
shall be liable to short-term imprisonment or a criminal fine
not exceeding 150 thousand New Taiwan Dollars:
(1)Altering any fishing vessel name or the registration
number.
(2)Removing, vitiating, or destroying any sign on any fishing
ground or fishing gear.
(3)Setting up any fence, building, or fishing gear without
permission to obstruct the migratory routes of fish.
Article 63
Where a representative of any legal person; the agent or
employee of a legal person or natural person, or any other
employee commits the violations as referred to Article 60 to
32 in the performance of their duties, in addition to
punishing the offender(s) pursuant to the respective article,
a criminal fine as stipulated in the respective article shall
also be imposed upon the legal or natural person concerned.
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 between 30 thousand and 300 thousand
New Taiwan Dollars:
(1)Operating any fishery in violation of Article 6.
(2)Violating the administrative disposition imposed by the
competent authority pursuant to Article 29, paragraph 1.
(3)Continuing to operate the concerned fishery after the
expiry of the fishing license, the renewal of which has not
been approved.
(4)Not being inspected or measured pursuant to Article 41-1,
or carrying passengers in excess of the certified number or
outside the certified navigable waters.
Article 64-1
Where any fishing vessel leaves a port in violation of Article
11-1, paragraph 1 or 2, the concerned fishery operator or
vessel owner shall be liable to a fine between 60 thousand and
300 thousand New Taiwan Dollars.
Where any fishing vessel fails to return to a port within the
designated timeframe pursuant to Article 11-1, paragraph 3,
the concerned fishery operator or vessel owner shall be liable to a fine between 60 thousand and 300 thousand New Taiwan
Dollars, and the fine may be repeatedly imposed on a daily
basis.
Article 64-2
Any fishery operator who undertakes any of the following
activities shall be liable to a fine between 60 thousand and
300 thousand New Taiwan Dollars:
(1)Violating Article 39-1, paragraph 2, for hiring privately
contracted armed security without reporting to the central
competent authority for reference in advance.
(2)Violating 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 and
the firearms, ammunitions or knives possessed or used by
him/her do not embark or disembark the vessel abroad or
enter the territory of the Republic of China other than the
fishing vessel(s) that has been reported for reference to
be safeguarded.
Article 65
Any person who undertakes any of the following activities
hall be liable to a fine between 30 thousand and 150 thousand
New Taiwan Dollars:
(1)Violating the restrictions or conditions imposed pursuant
to Article 9.
(2)Violating the regulations as promulgated pursuant to
Article 14.
(3)Violating the specifications or restrictions made pursuant
to Article 36 or Article 37.
(4)Failing to apply for license pursuant to Article 41,
aragraph 2.
(5)Failing to renew the license and continuing to operate
recreational fishery, in violation 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 personnel’s inquiry without justification or making
false statement.
(8)Violating the regulations prescribed pursuant to Article
54, subparagraph (5).
(9)Violating any order 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 between 15 thousand and 75 thousand
New Taiwan Dollars:
(1)Violating Article 11, paragraph 2, for suspending the
concerned fishery operation for one year or more without
approval.
(2)Refusing, evading, or obstructing the survey carried out
pursuant to Article 46, paragraph 1, or violating the
provisions of Article 46, paragraph 2 for 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 punishments imposed pursuant to Article 64
and Article 65, subparagraph (1) to (3), (6) to (8), the
concerned catch caught/harvested or transported or the fishing
gear(s) involved may also be forfeited, regardless of the
ownership. In case the whole or part of such catch or fishing
gear(s) cannot be forfeited, the value of such catch or
fishing gear(s) shall be collected.
Chapter VII Supplementary Provisions
Article 69
Regulations on registration and management of onshore fish
farm aquaculture shall be prescribed by the
municipal/county/city competent authority.
The municipal/county/city competent authority may plan and
establish an aquaculture production area in the environment
that is appropriate for developing aquaculture or the area
presently concentrated with fish farms. Regulations for the
establishment and management shall be prescribed by the
central competent authority.
For any aquatic fauna and flora that are involved in gene
transfer, field experiment(s) and safety assessment shall be
completed before proliferation and utilization. Regulations on
the management of field experiments, breeding, aquaculture of
the transgenic breeding fauna and flora shall be prescribed by
the central competent authority.
Article 69-1
In the event that the Republic of China signs any fisheries
agreement (or arrangement) for the overlapping exclusive
economic zones with any neighboring State, any fishing vessel
and fishery employee of that State 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
From 1 January 2009 till this Act amended on 22 January 2015
becomes effective, during which foreign crew members employed
y fishery operators do not possess 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. |