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Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
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(1) Any fishery operator whose fishing license has been revoked or abolished by the competent authority in accordance with this Act or the Act for Distant Water Fisheries.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.