MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Chapter I General Provisions
Article 1
The planning, construction, operation, management and 
maintenance of fishing ports shall be governed by the provisions 
of the Fishing Port Act (hereinafter referred to as “this 
Act”).


Article 2
The term “competent authority” as referred to in this Act 
means the Council of Agriculture, Executive Yuan at the central 
government level; municipal governments at the municipality 
level; and county/city governments at the county/city level.


Article 3
For the purpose of this Act, the terms and their definitions are 
as follows:
(1) Fishing port: means  a port mainly used by fishing vessels.
(2) Fishing port area: means the water within a fishing port 
    boundary designated in accordance with Article 5, and the 
    onshore area(s) necessary for construction and development 
    of a fishing port as well as for fishing port facilities.
(3) Fishing port plan: means, for the construction and land use 
    within fishing port areas, the planning and layouts made by 
    the competent authorities in consideration of fishery 
    activities and respective purpose.
(4) Fishing port facilities: means the following facilities 
    located within fishing port areas:
  i.Basic facilities: facilities used for entrance, departure, 
    anchoring, safety maintenance, and management.
 ii.Public facilities: related facilities provided to fishermen 
    for non-profit purposes such as auctioning of catch and 
    leisure activities.
iii.General facilities: such as utility facilities, facilities 
    for associated industries, and other facilities necessary 
    for supporting the functioning of fishing ports.


Article 4
Fishing ports are categorized into first and second categories, 
which are managed by the central competent authority and  
municipal and county (city) governments, respectively. Based on 
fishery development need(s) and purpose(s) of usage, 
categorization of a fishing port is designated by the central 
competent authority in consultation with the municipal/county 
(city) government where the fishing port is located.


Article 5
The first category fishing port area is delineated by the 
central competent authority in consultation with the authorities 
concerned. The decision is then submitted to the Executive Yuan 
for approval and announced by the central competent authority.
The second category fishing port area is delineated and 
announced by the municipal/county (city) government in 
consultation with authorities concerned, the decision of which 
is then reported to the central competent authority for 
reference.
Zones for specific purposes may be delineated within fishing 
port areas in accordance with fishing port plans, and the 
construction and management are planned by the respective 
competent authority of the relevant industry in accordance with 
relevant legislation.


Chapter II Planning and Construction

Article 6
The central competent authority drafts fishing port plans for 
the planning and construction of first category fishing ports, 
and then submits the plans to the Executive Yuan for approval 
and implementation. 
The municipal/county (city) governments draft, announce, and 
implement fishing port plans for the planning and construction 
of second category fishing ports, and submit the plans to the 
central competent authority for reference.
In case that the planning as referred to in the preceding two 
paragraphs involves land-use zoning or alteration of land use, 
the Regional Plan Act, the Urban Planning Law, or the National 
Park Law shall apply.


Article 7
The basic and the public facilities of a fishing port shall be 
budgeted and established by the competent authority in 
accordance with a fishing port plan. Notwithstanding, facilities 
used by the respective competent authority of the relevant 
industry shall be budgeted and established by such authority 
concerned.


Article 8
The competent authority may expropriate private lands necessary 
for the establishment of basic and public facilities in 
accordance with Land Expropriation Act and relevant legislation.
Proper ownership shall be assigned to any reclaimed land in a 
fishing port plan in accordance with related legislation. Upon 
completion of reclaiming, such reclaimed land shall be 
registered, used, and managed in accordance with the plan.


Article 9
The new construction, extension, and reconstruction of any 
building and facility in a fishing port area shall be firstly 
approved by the competent authority, prior to the approval of 
the local construction authority. The competent authority may 
notify the local construction authority to demolish any building 
and facility established without permission.


Article 10
For any legal building or impediment in a fishing port area that 
poses risks of severely obstructing a fishing port plan, the 
competent authority and the local construction authority may, in 
accordance with the Building Act, notify the concerned owner(s) 
or user(s) to reconstruct, move, or demolish such building and 
impediment within a timeframe.
The competent authority shall provide appropriate compensation 
for the direct damage resulted from reconstruction, movement, or 
demolition of the building and impediment as referred to in the 
preceding paragraph. Disputes regarding compensation shall be 
reported to the central competent authority for final decision.


Chapter III Operation, management, and maintenance

Article 11
The central competent authority and the municipal/county (city) 
competent authorities shall respectively employ full-time 
personnel to oversee the administration and maintenance of first 
and second categories fishing ports.


Article 12
The competent authority shall budget annually to administer and 
maintain basic facilities of fishing ports, and collect 
administrative fees from users. Fishing vessels flagged to the 
Republic of China, public vessels, or vessels seeking refuge are 
exempt from such fees.
Items and rates of the administrative fees as referred to in the 
preceding paragraph shall be set by the central competent 
authority.


Article 13
The competent authority shall budget to administer and maintain 
public facilities of fishing ports. It may commission a 
fishermen's association where the fishing port concerned is 
located (hereinafter referred to as the “local fishermen’s 
association”), other legal entity, or group to administer and 
maintain the facilities.


Article 14
For general facilities of a fishing port, the local fishermen’s 
association, in accordance with an investment plan drafted 
pursuant to the tasks prescribed in Article 4 of the 
Fishermen’s Association Act and the fishing port plan, has the 
first priority to purchase land(s) or lease land(s) from the 
competent authority for construction and operation, and acquire 
the ownership of the facilities.
If the local fishermen's association is not able to administer 
the investment as referred to in the preceding paragraph due to 
shortage in manpower and resources, it may conduct open 
tendering to seek investor(s) to draft the investment plan in 
accordance with the fishing port plan. The investor(s) may 
purchase land(s) or lease land(s) from the competent authority 
for construction and operation of the facilities and acquire the 
ownership thereof; or, the competent authority may provide 
land(s) without charge for the investor(s) to build and operate, 
provided that the ownership of the facilities be transferred to 
the competent authority after the expiry of the operation 
period.
The leased land as referred to in the preceding two paragraphs 
is not entitled to establish superficies.



Article 15
The competent authority shall, in accordance with the scale and 
waters of a fishing port, announce the total tonnages and number 
of fishing vessels that can register with and anchor in the 
fishing port.
The competent authority may, in accordance with the fishing port 
area actually in use, restrict vessels not registered with the 
fishing port from entry for anchoring. Vessels seeking refuge 
are not subject to this restriction.



Article 16
Vessels entering into and departing from a fishing port are 
subject to inspections in accordance with relevant legislation. 
In addition, vessels other than those registered in a specific 
fishing port (hereinafter referred to as “vessels other than 
the registered fishing vessels”) shall obtain permission from 
the competent authority prior to their entrance or departure.
The competent authority may move any vessel that enters a 
fishing port without permission and vessel that anchors outside 
the designated area after port entry. The entailed fees shall be 
borne by the vessel owner(s) or the captain(s).


Article 17
If sunken ships, objects, floating articles, pollutants, and 
rafts within a fishing port area endanger or pose the risks of 
endangering the navigation and anchoring of vessels entering or 
departing, or contaminate or pose the risks of contaminating the 
fishing port area, the competent authority may take the 
following actions:
(1) To notify owners of the sunken ships, objects, floating 
    articles, pollutants and rafts to remove them within a 
    timeframe; whatever left un-removed within the timeframe is 
    considered waste and will be removed without further 
    notification.
(2) To remove them without issuing a notification in times of 
    emergency.
If the owners as referred to in the preceding paragraph are 
unknown or unreachable, the notification shall be published by 
the competent authority. 
Fees resulted from paragraph 1 shall be borne by the owners.


Article 18
Following activities are forbidden in fishing port areas:
(1) To jeopardize safety and vessel navigation.
(2) To discharge toxic materials, hazardous materials, and waste 
    oil.
(3) To discharge sewage or to dispose wastes.
(4) To catch or culture aquatic flora and fauna.
(5) Other prohibited activities promulgated by the competent 
    authority in accordance with relevant law.
Coast guard authority shall take appropriate measures to put any 
activity as referred to in the preceding paragraph to stop.
The fishing port competent authority shall designate area(s) and 
enact relevant measures that allow public to angle, not subject 
to the provisions as prescribed in paragraph 1, subparagraph 
(4),  provided that operation and safety within a port area are 
not impeded and port area is not polluted.


Article 19
In case of the following activities to be conducted in any 
fishing port area, prior permission from the competent authority 
shall be applied for:
(1) To salvage any sunken ship, object, and floating object.
(2) To set up any buoy and anchor buoy.
(3) To tie any rope or vessel on a buoy, anchor buoy, and other 
    route mark.
(4) To explore mines or collect any soil and rock.
(5) To disassemble any vessel.
(6) To trial run a vessel.
(7) To place any vessel or other object on the shore of a 
    fishing port area.
(8) To install, change, or remove any pipeline and equipment for 
    water supply, oil supply, drainage, electricity, 
    telecommunication, and gas.
(9) To dredge.
(10) To build and repair any road.
(11) To conduct any explosion operation.
(12) Other activities requiring permission as promulgated by the  
     competent authority in consideration of maintaining fishing 
     port safety, environmental health, and vessel navigation.    
The permission as referred to in the preceding paragraph may be 
changed or revoked by the competent authority when the 
construction within a fishing port is required or any situation 
threatening the safety and management of a fishing port arises.


Chapter IV Penal provisions

Article 20
A person or his/her employee who violates of Article 18, 
paragraph 1, subparagraph (1) or (2) shall be subject to a fine 
between NTD 100,000 to NTD 500,000. The offender or his/her 
employee shall be ordered to remove the impediment(s) within a 
timeframe. Failure to comply with such order, a continuous fine 
on a daily basis shall be imposed.


Article 21
A person or his/her employee who violates of Article 18, 
paragraph 1, subparagraphs (3) to (5); or any subparagraph of 
Article 19, paragraph 1, shall be subject to a fine between 
NTD30,000 to NTD150,000. The offender or his/her employee shall 
be ordered to restore the original state, suspend construction, 
or demolish the object within a timeframe. Failure to comply 
with such order, a continuous fine on a daily basis shall be 
imposed.


Article 22
For any vessel other than the registered fishing vessels 
entering a fishing port without permission, in violation of 
Article 16, paragraph 2; or for any vessel that has entered but
does not anchor in the designated area, the concerned owner or 
captain shall be fined between NTD30,000 to NTD150,000 and such 
vessel shall be ordered to leave the fishing port within a 
timeframe. In case of failing to comply with such order, the 
concerned owner or captain shall be fined between NTD12,000 to 
NTD60,000 per day.


Article 23
A person who occupies a fishing port area without permission or 
destroys or damages any fishing port facility shall be subject 
to criminal penalties. In addition, the offender or his/her 
mployee shall be ordered to restore the original state.


Article 24
Penalties provided in this Act shall be enforced by the 
competent authority.


Article 25
In case of failing to pay within the timeframe the fine imposed 
pursuant to this Act or the fees charged pursuant to Article 12 
or Article 16, paragraph 2, the competent authority may prohibit 
the concerned vessel from using any port facility or from port 
departure. Notwithstanding, in case that equivalent collateral 
has been provided, such prohibition is exempted.   


Chapter V Supplementary provisions

Article 26
If a fishing port is used by other vessels besides fishing 
vessels, the competent authority of such vessels or the 
authority concerned shall allocate budget as subsidy for the 
construction and maintenance of the fishing port.


Article 27
The enforcement rules of this Act shall be promulgated by the 
central competent authority.


Article 28
This Act shall become effective as of the date of promulgation.