| Legislative： |
1.The full text of 29 Articles was enacted and promulgated by the Nationalist government
on 11 November 1929 and came into effect on 1 July 1930.
2.Article 4 and Article 7 were amended and promulgated by the Nationalist government
on 5 August 1932.
3.The full text of 40 Articles was amended and promulgated by Presidential Order on 30
December 1948.
4.The full text of 53 Articles was amended and promulgated by Presidential Order (64)
Tai-Tung (1) Yi-Tzu No.5497 on 13 December 1975.
5.Article 4-6, 15, 16, 26, 42, 50 were amended, and Article 51 was deleted, and
promulgated by Presidential Order(70) Tai-Tung (1) Yi-Tzu No. 4787 on 17 July 1981.
6. Article 16, 24 were amended, and Article 15-1, 50-1, 50-2, 50-3, 50-4 were added, and
promulgated by Presidential Order (74) Hua-Tsung (1) Yi-Tzu No.0379 on 23 January
1985.
7. Article 4, 5, 11, 16, 22, 24, 27, 29, 37, 38, 40, 42, 45, 50-3 were amended, and Article
6-1, 21-1, 21-2, 23-1, 24-1, 26-1, 26-2, 49-1, 51-1, 51-2 were added, and Article 28,
43 were deleted, and promulgated by Presidential Order (77) Hua-Tsung (1) Yi-Tzu
No.2531 on 24 June 1988.
8.Article 29 was amended and promulgated by Presidential Order (80) Hua-Tsung (1) Yi-
Tzu No.3913 on 2 August 1991.
9.Article 49-1 was amended and promulgated by Presidential Order (88) Hua-Tsung (1)
Yi-Tzu No.8800149810 on 30 June 1999.
10.Articles 3, 6, 26, 27, 52 were amended and promulgated by Presidential Order (89)
Hua-Tsung (1) Yi-Tzu No.8900177690 on 19 July 2000.
11.Articles 26-3, 29-1, 50-5 were added and Articles 4, 5, 15, 15-1, 16-1, 21-2, 24, 26,
26-2, 42, 46, 49-1, 50-2, 50-4, 51-1, 51-2 were amended and promulgated by
Presidential Order (90) Hua-Tsung (1) Yi-Tzu No.9000043400 on 9 March 2001.
12.Article 21-1 was amended and promulgated by Presidential Order Hua-Tsung (1) Yi-
Tzu No.09300118721 on 23 June 2004.
13.Articles 26 and 49-1 were amended and promulgated by Presidential Order Hua-
Tsung (1) Yi-Tzu No.09600078271 on 20 June 2007.
14.Article 29 was amended and promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu
No.09800015951 on 23 January 2009.
15.Articles 17 and 53 were amended and promulgated by Presidential Order Hua-Tsung
(1) Yi-Tzu No.09800129171 on 27 May 2009 and came into effect on 23 November
2009.
16.Article 19 was amended and promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu
No.09900140681 on 9 June 2010.
17.Articles 6, 20 and title of Chapter 3 were amended, and Articles 6-1, 14-1~14-6 were
added and promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu No.10100021431
on 30 January 2012.
18.Article 50-5 was deleted and Articles 5, 11, 15-1, 23-1, 26-1, 27, 35 were amended
and promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu No.10100264221 on 28
November 2012.
19.Article 19 was amended and promulgated by President Order Hua-Tsung (1) Yi-Tzu
No. 10400151531 on 30 December 2015.
20.Article 50-1, 50-2, 50-3 were amended and promulgated by President Order Hua-
Tsung (1) Yi-Tzu No. 10500147021 on 30 November 2016.
21.Article 15, 15-1 were amended and promulgated by President Order Hua-Tsung (1)
Yi-Tzu No. 11000008911 on 3 February 2021.
The mandates that belong to the “Council of Agriculture, Executive Yuan” as stipulated in Article 3; Article 4, paragraph 1, subparagraph (19); Article 5, paragraph 3 ; Article 6, paragraph 1 and 3; Article 8; Article 11, paragraph 2; Article 12; Article 13;
Article 14-6, paragraph 1; Article 15, paragraph 6; Article 16, paragraph 1; Article 21-1, paragraph 1, subparagraph (3); Article 21-1, paragraph 2; Article 23, paragraph 2; Article 23-1, paragraph 1; Article 26, paragraph 1 and 2; Article 26-1, paragraph
3; Article 26-3, paragraph 2; Article 27, paragraph 2; Article 35, paragraph 3; Article 40, subparagraph (1), (2), (3), (4); Article 41; Article 42, paragraph 1, subparagraph (2) ; Article 42,paragraph 2 and 3; Article 44; Article 45; Article 46, paragraph
1; Article 47; Article 48; Article 49; Article 49-1, paragraph 5; Article 50, paragraph 1; Article 51-2; Article 52 shall be under the mandates of the “Ministry of Agriculture” from 1 August 1 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
A fishermen association shall operate for such purposes as
safeguarding fishermen’s rights and interests, enhancing
fishermen’s knowledge and skills, increasing fishermen’s
profits from production, improving fishermen’s livelihood,
promoting the modernization of fisheries, and seeking
development of fisheries.
Article 2
A fishermen association is a legal person.
Article 3
The competent authority of fishermen associations is the Council
of Agriculture, Executive Yuan at the national level, a
municipal government at the municipal level, and a county (city)
government at county (city) level. However, the target
businesses of fishermen associations shall be directed and
supervised by the competent authorities of specific businesses.
Chapter II Tasks
Article 4
Tasks of fishermen associations are as the follows:
(1)To safeguard fishermen’s rights and interests, to
disseminate fisheries laws and regulations, and to mediate
fisheries related disputes.
(2)To conduct fisheries improvement and promotion.
(3)To cooperate in fishermen rescue in sea disasters and other
incidents.
(4)To accept commissions to report information on fishing
seasons and fishery meteorology, and to establish
communication among fishing vessels.
(5)To assist with the establishment and management of fishing
port facilities, or navigation safety facilities and fishery
signs in the exclusive fishing zones.
(6)To conduct import, export, processing, refrigeration,
distribution, marketing, and whole sales at place of origin
and consumption of aquatic products, and the operation of
retail markets.
(7)To conduct import, export, processing, manufacture,
distribution and marketing of fisheries goods; maintenance
and building of fishing vessels; and the supply and marketing
of goods for members’ daily use.
(8)To assist with the establishment and management of overseas
fishing bases and related international fisheries
cooperation.
(9)To conduct financial business for members.
(10)To conduct business on culture, health care, welfare,
relief, and social service for fishing villages.
(11)To promote sidelines in fishing villages, and to guide and
assist fishermen to increase production and improve
livelihood.
(12)To promote fishing villages and fisheries cooperative
businesses.
(13)To assist with the development of fishing villages and to
accept commission to help members with building residence.
(14)To cooperate in fishermen group training and to assist with
coastal defense and security.
(15)To cooperate in aquatic resources conservation and to assist
with prevention of water pollution in fishing ports and
fishing areas.
(16)To accept commissions to conduct business related to
securing and to assist with fishermen insurance.
(17)To accept commissions from governments or public/ private
organizations.
(18)To conduct tours and recreational fisheries within fishing
villages and fishing ports.
(19)Other business(es) specially approved by the competent
authority.
When conducting the businesses as referred to in the preceding
paragraph, with respect to tax exemption, fishermen associations
shall refer to relevant provisions stipulated in the
Agricultural Development Act and the Cooperatives Act. The range
of tax exemption is prescribed by the Executive Yuan.
Fishermen associations shall include in annual plans when
conducting the tasks as referred to in paragraph 1.
Article 5
A fishermen association, while carrying out the task as referred
to in Article 4, paragraph 1, sub-paragraph (9), shall comply
with the provisions of the Agricultural Finance Act.
A fishermen association, while accepting the commission to
conduct and assist with fishermen insurance as referred to in
Article 4, paragraph 1, sub-paragraph (16), may establish an
insurance department.
In the event that it is a major investment for a fishermen
association at any level to conduct the business as referred to
in Article 4, paragraph 1, two fishermen associations or above
may, after the joint application is approved by the central
competent authority, jointly invest in a company limited
pursuant to the Company Act. Regulations governing the capital
contribution and investment examination are prescribed by the
central competent authority.
Chapter III Establishment and Merger
Article 6
Fishermen associations are classified into two levels, namely
regional fishermen associations and the National Fishermen
Association. Fishermen associations at any level may establish
branch office(s) in accordance with the actual needs, subject to
the approval of the competent authority.
The Taiwan Provincial Fishermen Association established prior to
the amendment of this Act on 19 January 2012, shall be
reorganized as the National Fishermen Association upon the
effective date of the amendments.
Regional fishermen associations are the fishermen associations
at basic level, which are established at fishing districts with
intense fisheries. The division of fishing districts shall be
surveyed by the competent authorities of municipal or county
(city) governments, and reported to the central competent
authority for approval and announcement.
The name of a regional fishermen association shall be prescribed
by the competent authority of a municipal or county (city)
government.
Article 6-1
When the Taiwan Provincial Fishermen Association is reorganized
as the National Fishermen Association, the term for the
originally-elective personnel may continue until the expiry of
that term.
Article 7
There shall not be two fishermen associations at the same level
within the same fishing district or the same village and
township.
Article 8
The central competent authority may order regional fishermen
associations to merge due to their limited fishing districts or
insufficient fisheries or economic condition.
Article 9
Regional fishermen associations shall, by fisheries types or
administrative districts of villages, establish fishermen task
forces as the basic unit to carry out businesses of the
fishermen associations.
Article 10
A regional fishermen association, when its members fish outside
its jurisdictional fishing district following the fishing
season, may establish a temporary branch office at each of the
concerned local fishing district to handle the business concerned. The branch office shall be disbanded after the fishing season, and the date of establishment and disbandment shall be reported to the concerned local fishermen association for forwarding to
the competent authority for reference.
Article 11
In the case that there are 100 fishermen or above with qualified
membership in a fishing district, they may take the initiative
to organize a regional fishermen association.
A subordinate fishermen association shall join a superior
fishermen association as a member and is subject to the guidance
and assistance of a superior fishermen association. Such
regulations shall be prescribed by the central competent
authority.
Article 12
For the establishment of a fishermen association, initiator(s)
shall appoint members of the preparatory conference, which shall
be reported to the local competent authority for reference
before the conference is organized pursuant to the related law
and regulations.
The preparatory conference and the inaugural meeting of a
fishermen association shall be reported to the competent
authority for sending personnel to guide the preparatory work
and supervise the election.
Article 13
A fishermen association shall, within seven days after the
inaugural meeting, submit its charter, list of members
(representatives), and the curriculum vitae of directors and
supervisors to the competent authority for reference, and issue
registration certificates and a name seal.
Article 14
A charter of a fishermen association shall clearly state the
following items:
(1)Name and purposes.
(2)Ruling district and address.
(3)Missions and organizations.
(4)Affiliation, disaffiliation, and expulsion of membership.
(5)Rights and obligations of members.
(6)Allocated numbers, scope of authorities, terms, election, and
dismissal of member representatives, directors, and
supervisors.
(7)Appointment, dismissal, and duties of a secretary general.
(8)Meetings.
(9)Businesses of common facilities.
(10)Membership dues/fee, funds, property, and accounting.
(11)Procedures for the amendment of the charter.
Article 14-1
In the event that there are two regional fishermen associations
or above in a municipal city or county (city), they may jointly
apply to the competent authority of the municipal city or county
(city), and merge as one regional fishermen association after
the application is approved.
A regional fishermen association, within six months from the
date that the competent authority of municipal city or county
(city) granting approval for merger, shall complete re-election
of elective personnel and re-appointment of a secretary general,
whose terms of office shall expire at the end of that term.
Article 14-2
Before fishermen associations apply for merger pursuant to
paragraph 1 of Article 14-1, they shall jointly organize the
merger preparatory committee, and prepare a merger plan and
contract pertaining to the relevant matters. After the plan and
contract are reviewed and considered by the board of directors,
they shall be attached with balance sheets, income statement and
tables for income and expenditure, statement of appropriation of
profit and make up for loss, cash flow statement, and property
inventory, which have been audited and certified by a certified
public accountant and checked by the board of supervisors. Such
documents shall be reported to the General Members
(Representatives) Meeting to make a resolution pursuant to the
provisions of Article 39.
The merger plan and contract as referred to in the preceding
paragraph shall clearly state the following items:
(1)The merger plan shall include the approach of merger,
evaluation of economic benefit, general condition of fishing
district(s) after merger, business development plan,
financial projection for the upcoming three years, expected
progress, and evaluation of feasibility.
(2)The merger contract shall include:
i.Names of each regional fishermen association before merger,
name of the regional fishermen association after merger, and
its fishing district(s).
ii.Evaluation on the assets and liabilities of the regional
fishermen association.
iii.Matters related to the protection of members’ rights and
interest, allocation of numbers for elective personnel, and
rights and interests of employees of the regional fishermen
association elective personnel.
iv.The charter of the regional fishermen association after
merger.
If the resolution as referred to in paragraph 1 is adopted in
the General Members (Representatives) Meeting, the regional
fishermen associations shall, within ten days after the
resolution, proclaim the contents of the resolution and the
items to be clearly stated in the merger contract at the
regional fishermen associations and each of their branch offices
for at least seven consecutive days, and post on newspapers and
the website(s) designated by the competent authority of the
municipal city or county (city) for at least five consecutive
days. The proclamation shall specify an objection period of not
less than 30 days. Dissenting members shall make objections to
the regional fishermen associations in writing within the
specified period. When one-third or more members raise
objections, the original resolution shall become void. If no
objection is raised within the specified period, the resolution
shall be deemed agreed.
After the resolution as referred to in paragraph 1 is adopted,
the regional fishermen associations shall, within ten days after
the resolution, notify creditor(s) in writing of the contents of
the resolution and the items to be clearly stated in the merger
contract. The notification shall specify that the creditor(s)
may raise any objection in writing within the specified period,
which shall not be less than 30 days, to claim that the merger
would damage its/their rights and interests.
If the regional fishermen associations do not make the
proclamation pursuant to the period and contents as stipulated
in paragraph 3, or do not notify the creditor(s) pursuant to the
period, approach, and contents as stipulated in the preceding
paragraph, or fails to satisfy or provide an appropriate
security for the claim(s) of the creditor(s) raising
objection(s) within the specified period, the merger of the
regional fishermen associations shall not be valid against such
creditor(s).
Article 14-3
When regional fishermen associations apply to the competent authority of municipal city or county (city) for merger pursuant to Article 14-1, paragraph 1, they shall submit the following documents:
(1)A merger plan and contract.
(2)Minutes of the General Members (Representatives) Meetings of the regional fishermen associations.
(3)Evidence proving that contents of the resolution on merger and the items to be clearly stated in the merger contract have been proclaimed and notified pursuant to Article 14-2, paragraph 3 and 4, and disposal on t objections.
(4)List of members.
(5)Balance sheets, income statement and tables for income and expenditure, statement of appropriation of profit and make up for loss, cash flow statement, and pro forma consolidated financial statement, which have been audited and certified by a certified public
accountant.
(6)Other documents as required by the competent authority of the municipal city or county (city).
Article 14-4
The regional fishermen association after merger shall assume the
rights and obligations of the regional fishermen association(s)
before merger. Members of the regional fishermen association(s)
before merger shall be the members of the regional fishermen
association after merger.
Article 14-5
The regional fishermen association after merger shall apply to
the competent authority of the municipal city or county (city)
for the registration of establishment or change. The competent
authority of municipal city or county (city) shall
simultaneously cancel the registration of the regional fishermen
association(s) before merger.
Article 14-6
When a regional fishermen association after merger applies for
the registration of altering or transferring the real estate,
movable properties that required registration, intellectual
property rights, and all rights in rem with security owned by
the regional fishermen association(s) before merger, it may
directly process the registration with the merger approval
document(s) issued by the competent authority, without paying
the registration fees as well as the stamp tax and deed tax
incurred by the merger; the following shall also apply:
(1)The securities transaction tax of the transferred securities
shall be exempted.
(2)The transferred goods or services are not included in the
scope for the levy of business tax.
(3)If any land owned by the regional fishermen association(s)
before merger is transferred, the registration of the
transfer of the land ownership shall be conducted right after
the present value of the land is decided upon examination
pursuant to the Land Tax Act, , and the payable land value
increment tax may be registered and paid by the regional
fishermen association after merger when the land is
transferred again. Upon bankruptcy or dissolution, the
registered land value increment tax shall be paid on a
priority basis.
(4)Where any land assumed by the regional fishermen
association(s) before merger pursuant to Article 33 of the
Agriculture Finance Act, for which Article 76 of the Banking
Act applies mutatis mutandis, is transferred to the regional
fishermen association after merger, the land value increment
tax shall be exempted.
(5)The goodwill generated by the merger may be amortized within
15 years when declaring income tax.
(6)The expense incurred by the merger may be recognized within
ten years when declaring income tax.
(7)Losses from selling non-performing loans as incurred by the
merger may be recognized within 15 years when declaring
income tax.
For the reorganization of the Taiwan Provincial Fishermen
Association as the National Fishermen Association, the
registration fee and the related taxes shall be exempted
pursuant to the preceding paragraph.
Chapter IV Members
Article 15
Any national of the Republic of China attaining the age of
majority whose household is registered in a district of a
fishermen association may join the regional fishermen
association in the district as a member of category A or B,
after passing the qualification screening, if he/she meets one
of the following requirements:
(1)Members of category A:
i.Distant water fishermen
ii.Offshore fishermen
iii.Coastal fishermen
iv.Shallow sea aquaculture fishermen
v.Fish farms aquaculture fishermen
vi.Lake and river/marsh fishermen
(2)Members of category B:
i.Owners of fishing vessels or fish farms hiring others to
engage in fisheries.
ii.People who graduated from fishery vocational schools,
published fisheries books, or had fishery-related
invention(s), and now engage in the work of fisheries
improvement and promotion.
iii.Part-time fishermen that engage in the labor work of
fisheries but are not qualified as members of category A.
For a minor under the age of 15 and who actually engages in the
labor work of fisheries of members of category A, he/she may
join the regional fishermen association in the district as a
member of category A, with the approval of his/her legal
representative.
A fisherman whose place of residence is without a regional
fishermen association may join the adjacent regional fishermen
association as a member.
A distant water or offshore fisherman may join the regional
fishermen association where his/her fishing vessel registers as
a member.
A fisherman shall not simultaneously be a member of two regional
fishermen associations.
Regulations on qualifications determination, required documents,
reviewing procedures, and other requirements for the people as
referred to in paragraph 1 to follow when applying for the
membership of a fishermen association shall be prescribed by the
central competent authority.
A member of a fishermen association who joins the association
less than six months or who is a minor does not have the right
to elect or to be elected as prescribed in this Act.
Article 15-1
A national of the Republic of China attaining the age of
majority whose household is registered in a district of a
fishermen association, but who does not engage in the fisheries
related business as stipulated in Article 15, may join the
fishermen association as an individual sponsor member.
Any lawfully registered fisheries related enterprise may join
the fishermen association in the district as a group sponsor
member. An individual or group sponsor member does not have the
right to elect or to be elected, with the exception that they
may be elected as supervisors. Notwithstanding this provision,
they enjoy other rights and obligations same as a member.
Article 16
A superior fishermen association takes its subordinate fishermen
association(s) as member(s). Representative(s) of a subordinate
fishermen to join a superior fishermen association shall be
elected in the General Members (Representatives) Meeting of the
subordinate fishermen association, with the number of due
representative(s) to be prescribed by the competent authority.
The chair of the board of directors of a subordinate fishermen
association is an ex officio member representative to the
General Members (Representatives) Meeting of its superior
fishermen association.
Among member representatives of fishermen associations at any
level, at least two-thirds shall be members of category A. A
member representative shall be eligible for re-election and
his/her term shall be four years.
A member representative shall not serve concurrently as a chief
or deputy chief of a fishermen task force or an employee of the
fishermen association.
Member representatives of fishermen associations at any level
shall register his/her candidacy prior to any election, and
shall not join any election campaign before such registration.
Article 16-1
A fishermen association member, who attains membership for six
months or more, may register as a candidate for a member
representative. Nevertheless, in case of any of following
situations, the member shall not be entitled to such
registration; if registered, the registration shall be revoked
or cancelled:
(1)Where he/she has any debt to the fishermen association in
relation to property, membership fees/dues, business capital,
or fisheries promotion fund, or he/she has any debt on
guaranty to the fishermen association, and any of such debts
is overdue and unpaid.
(2)Where he/she is under any of the situations as referred to in
Article 19.
(3)Where he/she has committed and been convicted sentence for
any crime involving sedition or treason after the period of
suppressing communist rebellion.
(4)Where a person is sentenced to compulsory labor under
rehabilitative measures or gangster disciplinary education,
and such judgement is finalized but the punishment is yet to
be enforced, or enforced but not completed, or completed
within the last five years; or, where a person is subject to
a final judgement of rehabilitative measures and the
punishment is yet to be enforced, or enforced but not
completed.
(5)Where a person has committed a crime of corruption as
stipulated in the Criminal Code or its special law, or
committed a crime as stipulated in the Organized Crime
Prevention Act, and the judgement is finalized.
(6)Where a person has committed such crime as vote-buying,
bribe-taking, interference with voting or election campaign,
undertaking vote-buying, or has taken advantage of his/her
opportunity or means as afforded by his/her official position
to commit such crime as embezzlement, fraudulence, breach of
trust, or forging instruments, and is sentenced to
imprisonment or a more severe punishment. Despite that, a
person that has been sentenced to probation or whose
punishment has been commuted to a criminal fine and the fine
has been paid, is excluded from this provision.
(7)Where a person has committed a crime other than those as
referred to in the preceding four sub-paragraphs and been
sentenced to imprisonment or a more severe punishment, and
such punishment is yet to be enforced, or enforced but not
completed. Despite that, a person that has been sentenced to
probation or imprisonment of not more than six months which
may be commuted to a criminal fine, is excluded from this
provision.
(8)Where a person whose account is rejected with respect to
negotiable instruments, and the term of such sanction has not
expired yet.
Article 17
A person under any of the following circumstances shall not be a
member of a fishermen association:
(1)He/she has been deprived of citizen’s rights, and such
rights have not yet restituted .
(2)He/she has been pronounced bankrupt and his/her rights have
not yet restituted.
(3)He/she has become a subject to the order of the commencement
of guardianship, which has not been revoked.
(4)He/she has been expulsed pursuant to this Act.
Article 18
A member of fishermen association who violates this Act or does
not comply with the charter or resolutions of the General
Members (Representatives) Meeting, and such violation or
noncompliance directly jeopardizes the concerned fishermen
association in a significant manner, shall be expulsed from
membership.
Article 19
Any member of a fishermen association is under any of the
following circumstances, except for those as stipulated in
paragraph 2, shall be disaffiliated:
(1)Death.
(2)He/she is under any of the circumstances as referred to in
sub-paragraph (1) to (3) of Article 17.
(3)Loss of nationality of the Republic of China.
(4)His/her household registration or vessel registration is
changed to another district outside the district of the
original fishermen association.
(5)Expulsion.
Any member of fishermen association who meets the following
criteria which result in the change of household registration to
another district outside the district of the original fishermen
association as stipulated in sub-paragraph (4) of the preceding
paragraph shall be deemed as not disaffiliated. Notwithstanding
this provision, he/she whose household registration is changed
again shall be disaffiliated in accordance with the preceding
paragraph:
(1)A major plan approved by the Executive Yuan; and
(2)His/her original residence was demolished owing to expropriation and such case is recorded by the Government.
The provisions as stipulated in the preceding paragraph shall
become effective as of 22 September 2005.
For a person who was affiliated as a member of category A in a
fishermen association before 12 November 1998 and whose
household registration was changed to another district outside
the district of the original fishermen association but then
moved back to the district of the original fishermen association
before 12 November 1998, in case that he/she has continued
engaging in the labor work of fisheries and has paid the annual
membership dues annually, he/she shall be deemed as affiliated
again from the date he/she moved back. ,
Chapter V Staff
Article 20
A fishermen association shall have directors and supervisors so
as to form a board of directors and supervisors, respectively.
Directors and supervisors shall be elected by members
(representatives) with the following allocated numbers:
(1)9 to 15 directors for each regional fishermen association.
(2)15 to 21 directors for the National Fishermen Association.
(3)The number of supervisors shall not exceed one-third of the
number of directors in the same fishermen association.
(4)A fishermen association shall have alternate directors and
supervisors, whose number shall not exceed one-second of the
numbers of directors and supervisors, respectively.
At least two-thirds of a fishermen association’s respective
directors and supervisors shall be members of category A.
A chair of a board of directors and a standing supervisor shall
be elected by and from the respective directors and supervisors
of a fishermen association.
A director or supervisor of a superior fishermen association
shall not serve concurrently as a director or supervisor of a
subordinate fishermen association.
Article 21
Candidates of directors or supervisors of a fishermen
association shall be members of that regional fishermen
association. Candidates of directors or supervisors of a
superior fishermen association are not limited to the
representatives of subordinate fishermen associations that
participate in meetings of the superior fishermen association.
A fishermen association shall conduct candidacy registration
before an election of directors and supervisors. Any
unregistered person shall not join the election campaign.
Article 21-1
Any member of a fishermen association meeting the following
requirements may register candidacy for an election of directors
or supervisors:
(1)He/she has been affiliated for two years or more.
(2)He/she graduated from a junior high school or an elementary
school and served as a director, supervisor, member
representative, secretary general, or chief or deputy chief
of the fishermen task force for one term or more.
(3)He/she has engaged in fisheries which meets the
qualifications set forth by the central competent authority.
For directors and supervisors candidates as referred to in
subparagraph (3) of the preceding paragraph, regulations for
determining the qualifications of having engaged in fisheries,
screening procedures, and other requirements to be complied
with, shall be prescribed by the central competent authority.
Article 21-2
A member of a fishermen association under any of the following
circumstances shall not register as a candidate for an election
of directors or supervisors; if registered or elected, it shall
be revoked or nullified:
(1)Where he/she has any debt to the fishermen association in
relation to property, membership fees/dues, business capital,
or fisheries promotion fund; or (since 1 January 2001) he/she
has any loan from a fishermen association or other financial
institution(s) with a record of in-default repayment of the
principal or interest for one year or more; or he/she has any
debt on guaranty to the fishermen association, and fails to
discharge after notification for more than one year.
(2)Where he/she is under any of the circumstances as referred to
in Article 16-1, sub-paragraph (2) to (8).
(3)Where he/she has been discharged from his/her position due to
conviction of a crime during the service as an elective
personnel or an employee of a fishermen association within
the last four years.
(4)Where he/she was the responsible person of a legal person
whose bankruptcy was declared within the last five years.
Article 22
A director or supervisor of a fishermen association shall be a
non-paid position and shall neither serve concurrently as an
employee of a fishermen association, a chief or deputy chief of
a fishermen task force, a consignee of a fish market, or in any
position within a group or enterprise competing with the
fishermen association, nor operate a profit-seeking enterprise
competing with the fishermen association.
Article 23
The term of a director or supervisor of a fishermen association
is four years, and he/she is eligible for one re-election.
Despite that, those who are re-elected shall not exceed one-
second of the total number of directors and supervisors.
After the completion of a re-election of directors and
supervisors due to expiry of a term, the concerned fishermen
association shall submit the curriculum vitae of directors and
supervisors, and the updated list of members to the competent
authority for reference.
Article 23-1
The re-election of elective personnel of a fishermen association
shall be held and completed at least 30 days prior to expiry of
a term, or on the date designated by the competent authority.
Any elective personnel of a fishermen association shall take
office on the date as prescribed. Any elective personnel
resulting from a re-held election or a by-election, and he/she
who for some reasons fails to take office by the prescribed
deadline, shall still have his/her term commencing from the
prescribed date.
Upon the amendment of this Act on 13 November 2012 becoming
effective, the term for the 18th term of elective personnel of
the Kinmen Fishermen’s Association, who were elected in October
2012, shall expire in March 2017, and the termfor the 10th term
of elective personnel of the Kaohsiung Fishermen’s Association,
who were elected in August 2012, shall expire in March 2017.
Article 24
A fishermen task force shall have one chief and one deputy
chief, to be elected by members, with a term for four years and
are eligible for re-election. In the absence of a chief, a
deputy chief shall succeed until the term of the original chief
expires.
A member of a fishermen association, who has been affiliated for
six months or more, may register as a candidate for chief or
deputy chief of a fishermen task force. Despite that, any person
who is under the circumstances as referred to in Article 16-1,
shall not register; if he/she is registered, the registration
shall be revoked or nullified.
The registration for an election of chief or deputy chief of a
fishermen task force shall be convened prior to the election,
and any person shall not join the election campaign without
registration.
Article 24-1
When a fishermen association holds simultaneously elections for
two or more positions of elective personnel, any person who
registers as a candidate shall only register his/her candidacy
for one position, and the candidacy registrations for two or
more positions simultaneously shall be null and void.
Any registered candidate shall not withdraw his/her candidacy
registration after the deadline for registration is due. Any
person withdrawing his/her candidacy registration prior to the
deadline for registration shall not re-apply for the same
candidacy registration.
Article 25
Any elective personnel of a fishermen association, who violates
legislation or the charter, or commits any behavior that
jeopardizes rights, interests, or reputation of the fishermen
association, may be recalled by a resolution of the General
Members (Representatives) Meeting.
Article 26
A fishermen association shall have one secretary general, who
shall be appointed by the board of directors from qualified
candidates as selected by the central or municipal competent
authority.
The appointment of a secretary general shall be made within 60
days after the establishment of a new board of directors. In the
event that a secretary general is not appointed by deadline, a
superior fishermen association may appoint a qualified person to
act on his/her behalf. Secretary generals of the National
Fishermen Association or provincial (municipal) fishermen
associations may be appointed from qualified persons by the
central competent authority to act on his/her behalf, until a
new secretary general is duly appointed.
The appointment of a secretary general of a fishermen
association shall be made by a resolution adopted by simple
majority of the total directors, and the discharge shall be made
by a resolution adopted by two-thirds majority of the total
directors.
Article 26-1
A national of the Republic of China meeting the following
requirements may register as a candidate for a secretary general
of a fishermen association:
(1)The secretary general of the National Fishermen Association
shall have one of the following qualifications:
i.He/She graduated from a university or an institution of
college grade or above, or is qualified by a Senior
Examination, and has served within a fisheries or fisheries
related agency, school, financial institution, or fishermen
organization in a position equivalent to junior rank for
three years or more.
ii.He/She graduated from a junior college or above, and has
served within a fisheries or fisheries related agency,
school, financial institution, or fishermen organization in
a position equivalent to junior rank for five years or
more.
iii.He/She graduated from a senior high or senior vocational
school, or is qualified by a Junior Examination, and has
served within a fisheries or fisheries related agency,
school, financial institution, or fishermen organization in
a position equivalent to juniro rank for seven years or
more.
(2)A secretary general of a regional fishermen association shall
have one of the following qualifications:
i.He/She graduated from a university or an institution of
college grade or above, or is qualified by a Senior
Examination, and has served within a fisheries or fisheries
related agency, school, financial institution, or fishermen
organization in a position equivalent to elementary rank for
two years or more.
ii.He/She graduated from a junior college or above, and has
served within a fisheries or fisheries related agency,
school, financial institution, or fishermen organization in
a position equivalent to elementary rank for four years or
more.
iii.He/She graduated from a senior high or senior vocational
school, or is qualified by a Junior Examination, and has
served within a fisheries or fisheries related agency,
school, financial institution, or fishermen organization in
a position equivalent to elementary rank for six years or
more.
(3)Any new secretary general of a fishermen association at any
level shall not be older than 55 years old at the time of
appointment.
An incumbent secretary general that does not meet the qualifications as stipualted in the preceding paragraph may be
exempted from the requirements of the preceding paragraph.
Despite that, any person who will have age-mandated retirement
within one year of the next term shall not register as a
candidate for a secretary general.
For any candidate for a secretary general who is assessed as
qualified by the central competent authority, in case that
he/she is found not meeting any of the requirements as
stipulated in paragraph 1 before the appointment, the central
competent authority shall revoke his/her qualification, and so
shall be the case for the appointment if he/she is appointed.
Article 26-2
A person that is under any of the following circumstances shall
not register as a candidate for a secretary general of a
fishermen association; if registered or appointed, it shall be
revoked or nullified.
(1)Where he/she does not have the nationality of the Republic of
China.
(2)Where he/she has any debt to the fishermen association in
relation to property, membership fees/dues, business capital,
or fisheries promotion fund; or (since 1 January 2001) he/she
has any loan from a fishermen association or other financial
institution(s) with a record of in-default repayment of the
principal or interest for one year or more; or he/she has any
debt on guaranty to the fishermen association, and fails to
discharge after notification for more than one year.
(3)Where he/she is under any of the circumstances as referred to
in Article 16-1, sub-paragraph (3) to (8).
(4)Where he/she is under any of the circumstances as referred to
in Article 17, sub-paragraph (1) to (3).
(5)Where he/she has been discharged from his/her position due to
conviction of a crime during the service as an elective
personnel or an employee of a fishermen association.
(6)Where he/she was the responsible person of a legal person
whose bankruptcy was declared within the last five years.
Article 26-3
A secretary general of a fishermen association shall, within ten
days of his/her appointment, submit a letter of guaranty signed
by at least two guarantors who possess real estate, or a
fidelity bond insurance policy, to the fishermen association for
guarantee.
The amount of real estate or insurance as referred to in the
preceding paragraph shall be prescribed by the central competent
authority.
Article 27
Employees other than a secretary general of a fishermen
association shall be recruited by the secretary general from
those qualified by the joint examination of fishermen
associations, and shall be subject to the instruction and
supervision by the secretary general.
The employees as referred to in the preceding paragraph shall be
examined and trained jointly by the National Fishermen
Association under the supervision of the central competent
authority.
Article 28
(Deleted)
Article 29
A secretary general and other employee of a fishermen
association shall serve on a full-time basis, and shall not
concurrently operate any other industrial or commercial
business, or serve any other salaried position for a public or
private organization, or serve as a legislator at any level. If
a secretary general or other employee runs election campaign for
public officials, once he/she is elected and accedes, he/she
shall be considered as resigning from the concerned fishermen
association, and the person concerned shall be dismissed.
Article 29-1
Spouses, relatives by blood within two generations, or relatives
by marriage within one generation shall not serve at the same
time as a chair of a board of directors, standing supervisor, or
secretary general in the same fishermen association.
In the event of being elected or appointed while under the
situation as referred to in the preceding paragraph, the
election or appointment shall be null and void.
Chapter VI Division of Powers and Responsibilities
Article 30
The General Members (Representatives) Meeting shall be the body
of the supreme power of a fishermen association. During its
recess, the board of directors shall design and plan the
association’s business operations in accordance resolution(s)
adopted by the General Members (Representatives) Meeting, and
the board of supervisors shall oversee the association’s
business operations and finance.
Article 31
Members (Representatives), directors, and supervisors of a
fishermen association shall exercise their powers only during a
meeting.
Article 32
When members (representatives), directors, and supervisors of a
fishermen association attend any meeting in accordance with
laws, each person is entitled to one vote. If a resolution
adopted in the meeting is found violating any law or the charter
of the concerned fishermen association, thus resulting in any
damage to the fishermen association, they shall bear the joint
and several liability for indemnity. Despite that, he/she who
makes an objection during the voting procedure and such
situation is recorded in the minutes shall be exempted from such
liability.
Any voting on major issues in a meeting of a fishermen
association shall be done with written and disclosed ballot.
Article 33
A secretary general of a fishermen association shall perform
task(s) in accordance with resolution(s) adopted by the board of
directors, and shall report to the board of directors.
Article 34
In the event that a secretary general of a fishermen association
violates any law or the charter of the fishermen association
when performing task(s), thus resulting in any damage to the
fishermen association, he/she shall bear the liability to
indemnity.
In the event of any damage to any property received by or in the
custody of a fishermen association due to any cause other than
force majeure, the secretary general and other employee(s)
concerned shall bear the joint and several liability for
indemnity.
Chapter VII Meetings
Article 35
The General Members (Representatives) Meetings of a fishermen
association, which include regular meeting and extraordinary
meeting, shall be convened by the chair of the board of
directors.
Regular meetings of fishermen associations at any level shall be
held once per year. An extraordinary meeting shall be convened
at the request made by one-third or more of members
(representatives), or when considered necessary by the board of
directors.
In case that the chair of the board of directors fails to
convene an extraordinary meeting within ten days following the
request as referred to in the preceding paragraph, the original
proponent may apply to the competent authority for an order to
convene the meeting.
A regional fishermen association, in consideration of difficulty
in convening a general members meeting due to the huge number of
members, may divide electorates where members elect
representatives to convene a representative meeting to exercise
the power of the general members meeting.
Article 36
Meetings of the board of directors and supervisors of a
fishermen association shall be convened by the chair of board of
directors and the standing supervisor, respectively, who shall
serve as the chair of the meetings. The number of meetings to be
convened shall be provided in the charter of a fishermen
association.
Article 37
A fishermen task force shall hold its meeting at least once per
year, which shall be convened and chaired by the chief of the
task force.
Article 38
The General Members (Representatives) Meeting and meetings of
the board of directors or supervisors of a fishermen association
shall, unless otherwise provided in this Act, have a quorum of
one-second of the members, and any resolution shall be adopted
with the endorsement of simple majority of the
attendantsactually present.
For the meetings as referred to in the preceding paragraph,
except for the meeting for the appointment of a secretary
general, a second meeting may be convened if a quorum of one-
third of the members is reached. Despite that, this exception
does not apply if the number of required attendants is three or
less.
Article 39
For the following issues, resolutions shall be adopted by a two-
thirds majority of the attendants actually present in the
General Members (Representatives) Meeting, with a quorum of two-
thirds of the total members (representatives) of a fishermen association:
(1)Adoption or revision of the charter
(2)Penalty against members.
(3)Recall of elective personnel.
(4)Fund-raising.
(5)Disposal of properties.
(6)Other major issues related to the rights and obligations of
members.
Chapter VIII Funds
Article 40
Funds of a fishermen association shall include the followings:
(1)Enrolment fees: To be paid by members in lump sum upon
affiliation in accordance with the standard adopted by the
General Members (Representatives) Meeting and approved by the
competent authority.
(2)Annual membership dues: To be paid by members annually in
accordance with the standard adopted by the General Members
(Representatives) Meeting and approved by the competent
authority. 20 percent of the annual membership dues of a
subordinate fishermen association shall be contributed to its
superior fishermen association.
(3)Business capital: Exclusively for the use of operating
businesses, with the rules and regulations for fund-raising
and application to be adopted by the General Members
(Representatives) Meeting and reported to the competent
authority for reference.
(4)Fisheries improvement and promotion fund: Exclusive for the
use of fisheries guidance and improvement, to be paid by
fishing vessel owners and fish farm owners, by year or by
fishing season. For any fishermen association with the
exclusive fishing right, it may charge such fund from its
members who have the right of exclusive fishing. Standards
and rules for charge shall be adopted by the General Members
(Representatives) Meeting and approved by the competent
authority.
(5)Allocation fund from agricultural financial institution(s):
Any government-owned agricultural financial institution shall
annually appropriate at least four percent of its net profit,
as a fund for guidance and business promotion of fishermen
associations at any level.
(6)Allocation fund from the business earnings: Subject to the
final income statement of a fishermen association.
(7)Government subsidies: The central and local competent
authorities shall draw up budget for the subsidies to the
business operations of fishermen associations.
(8)Other revenues.
Article 41
Accounting of each business of a fishermen association shall be
separate independently, and the annual budget and final
statement shall be prepared and reported to the General Members
(Representatives) Meeting as well as to the competent authority
for reference.
Article 42
Following the annual final statement, earnings of each business,
after being deducted to make up accumulated deficits and
appropriated to the reserve of each business, shall be
appropriated as the overall earnings of a fishermen association.
The overall earnings of a fishermen association shall be
allocated pursuant to the following provisions:
(1)15 percent as the legal reserve, which shall not be
allocated.
(2)Five percent as the public welfare fund, which may only be
used with the approval of the competent authority.
(3)The fund for fisheries improvement, promotion, training and
culture, and welfare business shall not be less than62
percent.
(4)Eight percent as the fund for joint training and mutual aid.
(5)Remunerations for directors, supervisors, and staff of a
fishermen association shall not exceed ten percent.
Regulations governing the custody and application of the legal
reserve as referred to in sub-paragraph (1), public welfare fund
as referred to in sub-paragraph (2), and the fund as referred to
in sub-paragraph (4) of the preceding paragraph shall be
prescribed by the central competent authority.
The ratio of the earnings from each business to be appropriated
as reserves as referred to in paragraph 1 shall be prescribed by
the central competent authority together with the central
competent authority of the target business.
Article 43
(Deleted)
Chapter IX Supervision
Article 44
In the event that any fishermen association neglects its duties,
offends public interests, or oversteps the scope of its duties,
the competent authority may issue a warming to it.
Article 45
In the event that any resolution adopted by a fishermen
association violates any law or regulation, offends public interests, or oversteps its purpose or tasks, the competent
authority may issue a warming again, or revoke the concerned
resolution.
Article 46
In the event that a fishermen association oversteps its purpose
or tasks in a significant manner, the competent authority may
dismiss the association or revoke its registration.
A fishermen association shall be re-organized soon after being
dismissed or its registration being revoked.
Article 47
Any action taken by a subordinate competent authority pursuant
Article 45 or 46 shall be approved by its superior competent
authority.
Article 48
In the case of a fishermen association neglecting its works or
having any other major incident, if deemed necessary, the
competent authority may, upon approval of its superior competent
authority, suspend the powers of the member representatives,
directors, and supervisors, and re-adjust the association. Once
the re-adjustment is completed, the association shall conduct
re-election immediately. Regulations governing the adjustment
shall be prescribed by the central competent authority.
Article 49
In the event that any director, supervisor, or secretary general
of a fishermen association violates any law or regulation or the
charter, thus jeopardizing the interests of a fishermen
association in a significant manner, the competent authority may
suspend his/her power or discharge his/her position with the
approval of its superior competent authority, or the superior
competent authority may also take such action directly.
Article 49-1
Any elective personnel or employee of a fishermen association,
who is detained or wanted for a criminal case, shall be
suspended from his/her powers.
Any elective personnel or employee of a fishermen association
sentenced to a final judgement of imprisonment or a more sever
punishment shall be discharged from his/her position. Despite
that, he/she who is pronounced with probation, or convicted with
imprisonment for six months or under that may be commuted to a
fine, shall be exempted from this provision.
Any elective personnel or employee of a fishermen association
who, prior to the enforcement of this amended Article, has been
suspended from his/her powers in accordance with the provisions
before the amendment, shall be subject to the amended
provisions.
For anyone that has been suspended from the powers in accordance
with the provisions of paragraph 1, in the event that the
detention is suspended or the wanted order is withdrawn, he/she
may apply for resumption of the powers if his/her term has not
expired.
Any elective personnel or employee of a fishermen association
who loses his/her qualification to be elected or appointed
during the service shall be discharged from the position by the
competent authority or the superior competent authority.
Article 50
When a fishermen association is dismissed, the competent authority shall assign a liquidator empowered to exercise liquidation on behalf of the fishermen association.
When a fishermen association is declared bankrupt, depositors of
the credit department shall be entitled to the priority of
compensation for the assets of the credit department.
Article 50-1
Any person committing any of the following violations in an
election of a fishermen association shall be subject to
imprisonment of three years or under; in addition thereto, a
fine of 90 thousand New Taiwan Dollars or under may be imposed:
(1)Any person having the right the right of suffrage demands,
agrees to accept, or accepts property or other improper
benefits for refraining from exercising his/her right of
suffrage or to exercise such right in a particular manner.
(2)Any person promises, offers, or gives property or other
improper benefits to a person who has the right of suffrage
for refraining from exercising the right of suffrage or for
exercising such right in a particular manner.
(3)Any person promises, offers, or gives property or other
improper benefits to a candidate for abandoning the election
campaign or for engaging in campaign in a particular manner.
(4)Any candidate demands, agrees to accept, or accepts property
or other improper benefits for abandoning the election
campaign or for engaging in campaign in a particular manner.
For any person committing the violations as referred to in the
preceding paragraph, the property used in the commitment or in
the preparation for the commitment, or derived from or acquired
through the commitment shall be confiscated, regardless of the
ownership.
Article 50-2
For any fishermen association to appoint a secretary general, in
the event that any person commits any of the following
violations from the date of candidacy registration for an
election of directors, he/she shall be subject to imprisonment
of three years or under; in addition thereto, a fine of 90
thousand New Taiwan Dollars or under may be imposed:
(1)Any director or director candidate demands, agrees to accept,
or accepts property or other improper benefits for promising
to appoint or not to appoint.
(2)Any person promises, offers, or gives property or other
improper benefits to a director or director candidate for
promising to appoint or not to appoint.
(3)Any person promises, offers, or gives property or other
improper benefits to a qualified candidate for appointment as
a secretary general for declining the appointment.
(4)Any qualified candidate for appointment as a secretary
general demands, agrees to accept, or accepts property or
other improper benefits for promising to decline the
appointment.
Any person who prepares to commit any of the violations as
referred to in the preceding paragraph shall be subject to
imprisonment of one year or under.
For any person committing any of the violations as referred to
in the preceding two paragraphs, the property used in the
commitment or in the preparation for the commitment, or derived
from or acquired through the commitment shall be confiscated,
regardless of the ownership.
Article 50-3
Any person who by violence, coercion, or other illegal mean(s)
interferes with another in an election campaign, causes another
to abandon an election campaign, or interferes with another in
the free exercises of his/her right of suffrage, shall be
subject to imprisonment of five years or under; in addition
thereto, a fine of 150 thousand New Taiwan Dollars or under may
be imposed.
Any person who by violence, coercion, or other illegal mean(s)
interferes with the registration, selection, or appointment of a
secretary general shall be subject to the same punishment.
An attempt to commit any of the violations as referred to in the
preceding two paragraphs shall be punishable.
Article 50-4
For any candidate who commits any of the violations as referred
to in Article 50-1, paragraph 1 or Article 50-3, paragraph 1,
his/her candidacy shall be revoked; if elected, the election
shall be null and void.
For any qualified candidate for appointment as a secretary
general who commits any of the violations as referred to in
Article 50-2, paragraph 1 or Article 50-3, paragraph 2, his/her
candidate qualification shall be abolished; if appointed, the
appointment shall be null and void.
Any person who has committed any of the violations as referred
to in Article 50-1, paragraph 1; Article 50-2, paragraph 1; or
Article 50-3 shall not be a candidate for any election of a
fishermen association or for the appointment as secretary
general.
Any offender as referred to in the preceding three paragraphs
that is under the circumstances as provided in the proviso of
Article 49-1, paragraph 2 shall be exempted from the provisions
of this Article.
Article 50-5
(Deleted)
Chapter X Supplementary Provisions
Article 51
(Deleted)
Article 51-1
To the procedures of litigation resulting from an election or
recall of a fishermen association and the procedures regarding
the appointment and discharge of a fishermen association’s
secretary general, except those cases involving provisional
injunction, the Code of Civil Procedure shall mutatis mutandis
apply.
Article 51-2
Regulations governing the management of personnel, the disposal
of financial affairs, the appointment of secretary generals,
elections and recall, and the performance evaluation for
fishermen associations at any level shall be prescribed by the
central competent authority with the following contents and
scopes:
(1)Regulations governing the management of personnel: Personnel
appraisal, authorized number of staff, ranks and required
qualifications for appointment or employment, salaries,
inauguration, resignation, performance evaluation and
rewards/penalty, lay-off, retirement, indemnity, services,
and other matters to be followed.
(2)Regulations governing the disposal of financial affairs:
Accounting, budget and final statement preparation and
review, property management, examination on financial
affairs, mandates of accountants, and other matters to be
followed.
(3)Regulations governing the appointment of secretary generals:
Candidacy registration, qualifications review, appointment
procedures, review items, grading standards, and other
matters to be followed.
(4)Regulations governing elections and recall: Categories of
elections and recall, candidacy registration, qualifications
review procedures, voting and ballot counting, election
results, elements for recall establishment, and other matters
to be followed.
(5)Regulations governing performance evaluation: evaluation
items, grading standards, determinations, rewards/penalty,
and other matters to be followed.
Article 52
The enforcement rules of this Act shall be prescribed by the
central competent authority.
Article 53
This Act shall become effective on the date of promulgation.
The articles of this Act amended on 5 May 2009 shall become
effective on 23 November 2009. |