Chapter III Specified Fishery
Article 36
For the purpose of this Act, the term “specified fishery” means using any fishing vessel to operate fishery specified by the competent authority to catch/harvest aquatic fauna and flora for commercial purposes.
The specified fishery as referred to in the preceding paragraph includes the type(s) of fishery, operating period(s), and operating area(s), and such items shall be stipulated in the fishing license.
Article 37
The competent authority may impose restriction(s) on respective specified fishery regarding the total number and tonnage of fishing vessel(s), operating area(s), operating period(s), and other matters, if any of the following circumstances occurs:
(1)Conservation of aquatic resources.
(2)Adjustment of fisheries structure.
(3)Restrictions from international fisheries agreements or fisheries cooperation with foreign countries.
Article 38
Where the restriction(s) imposed in accordance with Article 37 on the total number of fishing vessels within respective specified fishery requires the reduction of the approved number of fishing vessels, the fisheries association(s) of the particular specified fishery shall coordinate with the operators for the reduction. The operators who continue their operation shall compensate those who are restricted. The fishing vessels imposed with restrictions may operate other fishery type(s), and in such case, compensation may not be given. Should no coordination be reached, the competent authority shall mediate between the relevant operators, and make a decision at its discretion if such mediation fails.
Where the restriction(s) as referred to in the preceding paragraph causes termination of the fishery operation and cancellation of the fishing license, the competent authority shall make appropriate compensation accordingly.
Article 39-1
Where a fishing vessel whose operating area(s) approved by the central competent authority contains the high risk area(s) threatened by pirates or illegal armed force, the fishery operator may hire privately contracted armed security provided by private maritime security corporation(s).
The fishery operator as referred to in the preceding paragraph shall report to the central competent authority for reference with the enclosure of relevant documents for each vessel. The central competent authority shall forward such information to the Ministry of Interior, Ministry of Finance, and Coast Guard Administration of the Executive Yuan.
The fishery operator shall request the employed privately contracted armed security who is not a national of the Republic of China to embark or disembark the vessel abroad with firearms, ammunitions, or knives possessed or used by him/her, and shall not enter the territory of the Republic of China other than the fishing vessel(s) that has been reported for reference to be safeguarded.
The high risk threatened area(s) as referred to in paragraph 1 shall be announced by the central competent authority.
Regulations for the procedures of reporting for reference; documents to be enclosed such as fishing license(s), employment plan(s), and insurance plan(s); management of privately contracted armed security and the firearms, ammunitions, or knives possessed or used by them onboard and the record of use; as well as other requirements as referred to in paragraph 2, shall be prescribed by the central competent authority.
The central competent authority shall collect the relevant information on private maritime security corporations for the reference of fishery operators.