For the purpose of this Act, the term “fishing right(s)” means any of the following rights:
(1)Set net fishing right: the right to set up underwater rocky cliffs, build fences, or place fishing gears within a specific water area for catching/harvesting aquatic fauna.
(2)Demarcated fishing right: the right to demarcate a specific water area for operating aquaculture of fauna and flora.
(3)Exclusive fishing right: the right to use a specific water area to form a fishing ground for fishing access privilege holders to operate one of the following fisheries:
i.Catching/harvesting aquatic fauna and flora.
ii.Aquaculture of fauna and flora.
iii.Catching /harvesting aquatic fauna with anchored fishing gear(s) within the waters at a depth of 25 meters or less.
Applicants for the exclusive fishing right as referred to in the preceding paragraph shall be limited to fishermen’s associations or fisheries production cooperatives.

For the purpose of this Act, the term “fishing access privilege” means the right to operate fishery within the area of the exclusive fishing right.

The competent authority shall, according to the production of fishery resources and taking into account minerals exploration and mining, navigation, irrigation, environmental protection, and other public interests, plan holistically with respect to fishing right fishery in public waters, formulate and regularly publicize relevant programs annually, and accept applications for fishing rights.
The programs as referred to in the preceding paragraph may be adjusted according to practical needs, and the adjusted version shall be publicized.

Set net and demarcated fishing rights shall be granted in accordance with the following order of priority:
(1)Any fishery operator or fishery employee whose household is registered in the township/town /city/district where the fishing ground is located.
(2)Any fishermen’ s association or fishery production cooperative registered in the township/town /city/district where the fishing ground is located.
(3)Any fishery operator or fishery employee whose household is registered in the municipality /county/city where the fishing ground is located.
(4)Any fishermen’s association or fishery production cooperative registered in the municipality/county/city where the fishing ground is located.
(5)Any non-fishery operator or non-fishery employee whose household is registered in township/ town/city/district where the fishing ground is located.
(6)Any non-fishery operator or non-fishery employee whose household is registered in municipality/county/city where the fishing ground is located.
(7)Any fishery operator or fishery employee whose household is registered in other municipalities/counties/cities.
(8)Any non-fishery operator or non-fishery employee whose household is registered in other municipalities/counties/cities.
Any fishery operator applying for continuous operation before the expiration of his/her fishing right shall not be subject to the limit of the order of priority as referred to in the preceding paragraph.

Any fishermen’s association or fishery production cooperative approved to operate exclusive fishing right shall draft rules on fishing access and report to the competent authority for approval.
Fishing access undertaken by any non-member of a fishermen’s association or fishery production cooperative shall also be concluded by a contract.

The fishing right shall be considered as a right in rem. Except as otherwise provided in this Act, the provisions of the rights in rem of real property in the Civil Code shall, mutatis mutandis, apply.

The creation, acquirement, change, and loss of fishing right shall not take effect until the registration has been made.
In rendering any administrative disposition pursuant to Articles 10, 11, and 29 regarding set net fishing right, demarcated fishing right, and exclusive fishing right, the competent authority shall also register such administrative disposition to the respective fishing right.
In processing the registration of fishing rights, the competent authority may charge applicants registration fees. Regulations on registration and the amount of fees shall be prescribed by the central competent authority.

In the event that any litigation arises out of fishing rights and the court of jurisdiction is decided in accordance with the place where the real property is located, the place where the real property is located shall be the municipality or city/county whose coast closest to the concerned fishing ground.

Exclusive fishing right shall not be the subject of any other rights or legal action, except for fishing access.

Set net fishing right and demarcated fishing right shall not be the subject of any other rights or legal actions, except for inheritance, transfer, and mortgage.

Unless otherwise approved by the competent authority, no mortgage shall be created on the fishing rights as referred to in Article 24, nor shall such rights be transferred without the approval from the competent authority, except for compulsory execution.
A fishery operator or fishery employee shall have the first priority to be the transferee of the compulsory execution and the transfer as referred to in the preceding paragraph.
Except as otherwise provided in a contract, working article(s) fixed within a fishing ground over which a mortgage has been created shall be deemed as the subject of the mortgage created.

Unless otherwise approved by the competent authority, fishing rights shall neither be merged nor subdivided.

Unless otherwise consented by at least two-thirds of the other co-holders who hold their own shares, any co-holder of set net fishing right, demarcated fishing right, or fishing access privilege shall not dispose of his/her own share(s).
The provision of the preceding paragraph shall, mutatis mutandis, apply to the fishing right held in common.

The duration of fishing rights shall be as follows:
(1)Set net fishing right: five years.
(2)Demarcated fishing right: five years.
(3)Exclusive fishing right: ten years.
Upon the expiration of the duration as referred to in the preceding paragraph, the priority of renewing such right shall be given to fishing right holder(s).

The competent authority may alter or withdraw its approval to fishing right(s) or terminate the operation of any fishing right, if any of the following circumstances occurs:
(1)Needs of national defense.
(2)Economic utilization of lands.
(3)Conservation of aquatic resources.
(4)Needs of environmental protection.
(5)Navigation and anchorage of any vessel.
(6)Laying of underwater pipelines and cables.
(7)Exploration and mining of minerals.
(8)Needs of other public interests.
Before rendering any administrative disposition as referred to in the preceding paragraph, the competent authority shall publicize such disposition in advance and notify all fishery operator(s) concerned.
Where the administrative disposition as referred to in paragraph 1 causes any loss to fishery operator(s), the competent authority of the targeted business or the party claiming the alteration, withdrawal, or termination shall reconcile the operator(s) to make appropriate compensation for the loss(es). Should the reconciliation fail, the central competent authority shall decide the content of the compensation.

The fishing access privilege shall not be the subject of any other rights or legal action, except for inheritance and transfer.

For any fishing access privilege whose duration is not specified, its duration shall be the same as the exclusive fishing right.

An exclusive fishing right holder may collect fishing access fees from fishing access privilege holder(s). The amount of the fees shall be provided in the rules or the contract of fishing access.

A fishing right holder may, with the consent of the concerned land owner or land user, utilize the land or limit the removal of bamboo, timber, soil, and stones from the land, if it is deemed necessary for the followings:
(1)To build sign(s) of the fishing ground.
(2)To build or maintain necessary sign(s) within the fishing ground.
(3)To build beacon(s) or other necessary facilities relating to fishing right.

For the purposes of fisheries survey, site investigation, or the building of the facilities as referred to in any subparagraph of Article 33, the concerned land may be accessed and any obstruction thereof may be removed, with the consent of the land owner and land user.

Where the consent cannot be obtained in the case of any of the circumstances as referred to in the preceding two Articles and it is deemed necessary, the relevant action(s) may be taken after applying for and obtaining the approval from the competent authority. When granting the approval, the competent authority shall publicize it and notify the said land owner and user. Any loss incurred shall be borne by the applicant through appropriate compensation.