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

Print Time:2024/11/22 07:34
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Chapter Law Content

Title: Fishing Port Act CH
Category: Ministry of Agriculture(農業部)
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.
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