Legislative: |
The full text amended on 14 October 2024 by MOA, under Order No. Nong-Sou-Yu-Tsu 1131555678, and entry into force on 16 October 2024. |
Content: |
Article 1
The Ministry of Agriculture, Executive Yuan (hereinafter referred to as “this Ministry”) promulgated these Directions for the implementation of matters on granting consola-tion money for the deceased or missing fishermen during offshore operations (herein-after
referred to as “consolation money”).
Article 2
The competent authority of these Directions is this Ministry. The relevant matters will be implemented by the Fisheries Agency of this Ministry.
Article 3
The terms used in these Directions are defined as follows:
(1) Fishermen: Refers to a fishery employee who holds a valid fishing vessel crew identification that is not within the suspension enforcement period and is actively en-gaged in fishing operations on a Republic of China fishing vessel, or to a fishery em-ployee
who holds Category A membership in a fishermen’s association and does not use a fishing boat or raft to catch or harvest aquatic fauna and flora in coastal waters, including coastal areas and intertidal zones.
(2)Missing: Refers to a fisherman who has fallen overboard during offshore opera-tions or while capturing or harvesting in coastal waters, and who cannot be found af-ter a search has been conducted for three days or more since the incident.
Article 4
In the event that a fisherman meets any of the following conditions, the consolation money of 200,000 New Taiwan Dollars may be granted to each person:
(1) A fishery employee who is deceased or missing during offshore operations, held a valid fishing vessel crew identification that was not within the suspension enforce-ment period, and was actively engaged in fishing operations on a Republic of China fishing
vessel.
(2) A fishery employee who is deceased or missing while capturing or harvesting in coastal waters, held Category A membership in a fishermen’s association, and did not use a fishing boat or raft to catch or harvest aquatic fauna and flora in coastal waters,
including coastal areas and intertidal zones.
The consolation money for the deceased or missing fisherman will be granted only once per person.
Article 5
The receiver of the consolation money, except for the spouse of the deceased or miss-ing fisherman, shall be determined in the following order:
(1)Younger lineal relatives by blood, the person nearest in degree of relationship will be the first.
(2)Parents.
(3)Sibling(s).
(4)Grandparents.
If the designated receivers referred to in the preceding paragraph are two or more, they must collectively authorize one person to submit the application for the consola-tion money, and the application must bear the signatures of all receivers.
Applications for consolation money from the receivers must be submitted within two years from the date of the fisherman’s death or disappearance. Applications submitted after this deadline will not be accepted.
Article 6
The consolation money may be granted by the Fisheries Agency of this Ministry, either by sending a representative to offer condolences and distribute the consolation money, or by having the applicant submit a household registration transcript, bank account
details, and a receipt (in the attached format), along with an application for relief funds under the "Regulations on Insurance and Assistance for Fishermen Operating at Sea." Applications should be submitted to the Fisheries Agency of this Ministry for review,
and if approved, the consolation money will be distributed equally among the recipients.
Article 7
The consolation money shall not be granted if the receiver is found to be under any of the following conditions; in the event that the consolation money has already been granted and received, the approval will be revoked and the consolation money must be returned
within a time limit as informed:
(1) False information is provided, or the information is incomplete.
(2) The consolation money is received through deceptive or other illegitimate means.
Article 8
The expenses required pursuant to these Directions shall be covered by the budget of the Fisheries Agency of this Ministry. In the event that the funds for the current year are exhausted, priority shall be given to appropriating funds from the budget of the
subsequent year.
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