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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:17
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Chapter Law Content

Title: Marine Conservation Act CH
Category: Ocean Affairs Council(海洋委員會)
Chapter 3 Marine Life Conservation
Article 14
In order to conserve marine life, the central competent authority shall announce the following matters in consultation with the competent authorities of relevant sectors:
(1) Restrictions, prohibitions, or other matters to be complied with in respect of marine recreation or leisure activities.
(2) Restrictions, prohibitions, or other matters to be complied with in respect of marine navigation, activities, or operations of vessels.
(3) Restrictions, prohibitions, or other matters to be complied with in respect of the use of fishing equipment in the ocean.
(4) Other restrictions, prohibitions, or other matters to be complied with in respect of human activities related to the conservation of marine life.
The provisions of Paragraph 2 of Article 8 shall apply mutatis mutandis when the central competent authority handles the business referred to in the preceding paragraph.
Article 15
In order to carry out marine living resources surveys or marine sanctuary conservation plans, the competent authorities or commissioned agencies (institutions), legal persons, or groups may dispatch personnel, upon presenting supporting documents, to enter public or private lands, premises, or marine areas to conduct surveys and implement conservation measures. Where military secrets are involved, the surveys shall be carried out in the company of the competent military authorities.
In the circumstances specified in the preceding paragraph, the owner, user, or manager of public or private lands, premises or marine areas shall not evade, obstruct or refuse.
When conducting the surveys or implementing various conservation measures stipulated in Paragraph 1, the competent authority shall notify the owners, users, or managers of public or private lands, premises or marine areas in advance in the case of lands with enclosure or implementation of various conservation measures. If the notice is not served, it may be given by way of public announcement.
The investigation agencies (institutions), legal persons, groups, or conservation personnel shall strictly follow due legal procedures to conduct the investigations or implement various conservation measures in a manner consistent with the principle of proportionality and shall maintain confidentiality of any industrial, commercial and military secrets encountered during the investigation.
If the owners or users of public or private lands, premises or marine areas suffer losses due to special sacrifice as a result of the investigations or implementation of conservation measures referred to in Paragraph 1, they shall be compensated.
Regulations governing the methods for conducting the investigations or implementing various conservation measures stipulated in Paragraph 1, notification, conditions and standards for compensation, and other related matters shall be prescribed by the central competent authority.
Article 16
The competent authority may assign marine conservation observers to engage in tasks including observation, monitoring, and data collection on or around ships, marine facilities, maritime projects, and may request assistance from coast patrol agencies or police agencies if necessary.
In the circumstances specified in the preceding paragraph, the owners, users, or managers of the ships, marine facilities, or maritime projects shall not evade, obstruct or refuse.
When the marine conservation observers perform tasks such as observation, monitoring, and data collection, the owners, users or managers of ships, marine facilities, or maritime projects shall provide round-trip transportation.
Regulations governing marine conservation observers’ obtaining and revocation of qualifications, training, management, and other related matters shall be prescribed by the central competent authority.
Article 17
The competent authorities may reward law enforcement officers, the public, legal persons or groups who actively participate in or assist the competent authorities in cracking down or reporting violations of this Act.
The competent authorities shall keep confidential the identities of those who actively participate in or assist the competent authorities in cracking down or reporting violations of this Act as stated in the preceding paragraph.
Regulations governing the recipients, criteria, and scope of rewards and incentives as well as other related matters specified in Paragraph 1 shall be prescribed by the central competent authority.
Article 18
The competent authorities shall develop professionals with expertise in marine conservation and biodiversity, and promote educational programs on marine conservation and biodiversity to enhance the public's understanding of marine biodiversity.
Article 19
In order to promote marine conservation and protection and sustainable use of marine biodiversity, the competent authorities may independently or through international organizations and academic research institutions engage in international cooperation and give incentives or subsidies to people, non-governmental organizations, and aboriginal tribes for their participation in international exchange activities.
Article 20
In order to carry out the restoration of marine life, the competent authority or the central competent authority of the target enterprises may, on its own or through the other commissioned agencies (institutions), legal persons, fishermen's associations, or groups, carry out the following restoration measures in accordance with the principles for implementing marine life restoration:
(1) Installation of artificial restoration facilities.
(2) Breeding or releasing marine animals into their natural habitat.
(3) Planting of marine plants.
(4) Other necessary measures for restoration.
Before agencies (institutions), natural persons, legal persons or groups other than those mentioned in the preceding paragraph carry out restoration measures on their own, they shall propose a restoration plan in accordance with the principles set forth in the preceding paragraph and obtain approval from the competent authority before implementing the measures.
The principles of handling marine life restoration measures in Paragraph 1 shall be established by the central competent authority in conjunction with the central competent fishery authority.
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