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Chapter Law Content

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter I General Principles
Article 1
This Act is enacted to conserve and rationally utilize aquatic resources, increase fisheries productivity, promote sound fisheries development, guide and assist the recreational fishery, maintain the orderly operation of fisheries, and improve livelihoods of fishermen. Matters not stipulated in 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” means the Council of Agriculture of the Executive Yuan at the central government level, municipal governments at municipality level, and county/city governments at county/city level.
Article 3
For the purpose of this Act, the term “fishery” or “fisheries” means the industries of catching/harvesting or cultivating aquatic fauna and flora, 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 fishing 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 member of fishing vessels or any other person who catches/harvests or cultivates aquatic fauna and flora for any fishery operator.
Article 5
Fishery operators shall be limited to persons with the nationality of the Republic of China. However, such restriction is not applicable to any foreign person 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 public waters or non-public waters adjacent thereto shall obtain approval and fishing license from 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 issuing licenses and the amount of the fees shall be prescribed by the central competent authority.
Article 7-1
The competent authority shall not issue fishing licenses in the event of any of the following circumstances:
(1)The concerned fishing license has been withdrawn or revoked by the competent authority in accordance with this Act or the Act for Distant Water Fisheries.
(2)The concerned fishing vessel is confiscated or forfeited.
(3)The concerned vessel is imported without permission from the competent authority.
(4)The period during which the restriction or suspension of the right to operate any fishery in accordance with Article 10 of this Act has not passed.
(5)The concerned fishing license has been suspended in accordance with this Act or the Act for Distant Water Fisheries, and the execution of such punishment has not yet completed.
(6)The fine imposed in accordance with this Act or the Act for Distant Water Fisheries has not yet been paid.
(7)Before the change of ownership, the current fishery operator violates this Act or the Act for Distant Water Fisheries and the competent authority has not yet imposed punishment(s).
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 processing in accordance with the regulations of the competent authorities for trade.
Guidelines for the building, modification, and chartering of fishing vessels as referred to in paragraph 1; for the mandate of the permission of the competent authority, qualifications, conditions, application procedures for the permission of import and export as referred to in the preceding paragraph; as well as other requirements shall be prescribed by the central competent authority.
Article 9
For the purpose of exploiting or conserving aquatic resources, or for the need of public interests, the competent authority may impose restriction(s) or condition(s) when giving approval to any fishery operation.
Article 10
For any fishery operator who violates the provisions of this Act or any order promulgated pursuant to this Act, the central competent authority may restrict or suspend the operator’s right to operate any fishery, or suspend his/her fishing license for not more than one year. Where the violation is considered serious, the central competent authority may withdraw the approval for fishery operation or revoke the fishing license of the fishery operator.
For any fishery employee who violates this Act or any order 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 serious, the central competent authority may withdraw the Certificate of Fishing Vessel Officer or Fishing Vessel Crew Identification.
Article 11
Where any of the following circumstances occurs, the competent authority shall withdraw the approval for the fishery operation:
(1)The concerned fishery operator does not have any justification for not being able to undertake his/her fishery operation for more than one year from the date of approval, or suspends his/her fishery operation for more than two consecutive years without approval.
(2)The concerned fishery operator has applied and been approved for fishery operation as a person of the Republic of China, but loses his/her nationality of the Republic of China.
(3)The approval for fishery operation is obtained by fraud or illicit means of the concerned applicant.
Without stating justification and being approved by the competent authority, any fishery operator shall not suspend his/her fishery operation for one year or above. 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 for fishery operation has been withdrawn shall not leave any port, except those who have re-applied and been granted fishing licenses by the competent authority.
Any fishery operator’s fishing vessel whose fishing license has been suspended or the right to operate fishery has been restricted or suspended, shall not any leave port during the period of such punishment.
Where any fishing vessel has left a port before the punishment imposed by the central competent authority pursuant to Article 10, paragraph 1 or Article 11, paragraph 1, or left a port in violation of the provisions of the preceding two paragraphs, the central competent authority shall order the vessel to return to port within the designated timeframe.
Where any fishing vessel leaves a port in violation of the provisions of paragraph 1 or 2, the central competent authority may commission coast guard authorities to take appropriate measures to stop the vessel from leaving the port or order it to return to port immediately. In case of any resistance, the coast guard authorities may take compulsory measure(s).
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 purpose 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 authorities. 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 fishery types, respectively adopt and promulgate regulations on facilities of fishing grounds; methods of catching, harvesting, and cultivating; fishing gears; and any other matters as deemed necessary.