| Legislative： |
1.The full text of 49 Articles promulgated by the Nationalist Government
on November 11, 1929, which became effective from July 1, 1930.
2.Article 2, Article 3, Article 18, Article 19, Article 34, Article 38,
Article 39, and Article 47 amended and promulgated by the Nationalist
Government on August 05, 1932.
3.The full text of 65 Articles amended and promulgated by the President
on April 30, 1970.
4.Article 2 amended and promulgated by the President on January 06, 1986.
5.Amended and promulgated on February 1, 1991 by Presidential Order
Hua-Tsung (1) Yi-Tzu No. 0670.
6.Article 2, Article 45, Article 48 and Article 69 amended and promulgated
by Presidential Order Hua-Tsung (1) Yi-Tzu No. 09100120990 on June 19,
2002.
7.Article 7-1 and Article 53-1 added, Article 8 amended and promulgated by
Presidential Order Hua-Tsung (1) Yi-Tzu No. 09100243580 on December 18,
2002.
8.Article 41 amended and promulgated by Presidential Order Hua-Tsung (1)
Yi-Tzu No. 09700002351 on January 09, 2008.
9.Article 11-1 and Article 64-1 added, Article 64 amended and promulgated
by Presidential Order Hua-Tsung (1) No. 10100264231 on November 28, 2012.
10.Article 69-1 added and promulgated by Presidential Order Hua-Tsung (1)
No. 10200088111 on May 8, 2013.
11.Article 39-1, Article 41-1, Article 41-2 and Article 64-2 added, and
Article 41, Article 43, Article 44, Article 60, Article 64 and Article
65 amended and promulgated by Presidential Order Hua-Tsung (1) No.
10200156101 on August 21, 2013.
12.Article 69-2 added and promulgated by Presidential Order Hua-Tsung
(1) No. 10400013341 on 4 February 2015.
13.Article 40-1, Article 40-2, Article 63-1 and Article 63-2 added, and
Article 57 and Article 68 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 deleted; and Article
7-1, 49, 61, 68, and 71 amended and promulgated by Presidential Order
Hua-Tsung (1) No. 10500078581 on 20 July 2016.
15.Article 59-1 amended and promulgated by Presidential Order
Hua-Tsung (1) No. 10700140851 on 26 December 2018. |
| Content： |
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 precedin
g 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.
Article 59-1
To encourage fishermen to voluntarily cease fishing, and to reward fishermen for complying
with the order of prohibited fishing period, which lasts for two months or above 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 compliance with fishing prohibition by fishing vessels.
For the reward for voluntary fishing cessation and compliance with fishing prohibition
as referred to in the preceding paragraph, the regulations on the qualification for
application, terms and conditions, required documents, procedures, deadline, reward
amount, manner(s) for granting the reward, condiction(s) for revocation, and other
requirements shall be prescribed by the central competent authority.
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. |