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

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

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter IV Recreational Fishery
Article 41
For the purpose of this Act, the term "recreational fishery" means the fishery that catches/harvests aquatic fauna and flora for recreational purpose by using any fishing vessel to conduct such activity on the water or by using any fishing vessel to carry passenger(s) to conduct such activity on island(s) or reef, or that engages in tourism by using any fishing vessel to conduct such activity on the water or by using any fishing vessel to carry passenger(s) to conduct such activity on island(s) or reef.
Any fishery operator engaging in the recreational fishery as referred to in the preceding paragraph shall apply to the competent authority and may only operate such fishery after the license is granted.
For any recreational fishery, the operating period as approved by the competent authority shall not be more than five years, and shall not exceed the validity period of vessel inspection and insurance.
Any fishery operator as referred to in paragraph 2 that intends to continue the operation shall apply for license renewal at least three months prior to the expiry of the validity.
Regulations on the application, change, revocation, and renewal of fishing licenses for the recreational fishery as referred to in paragraph 2 as well as matters to be recorded on the licenses shall be prescribed by the central competent authority.
Article 41-1
The inspection, measurement, certified number of passengers, navigable waters, and other requirements for full-time or part-time recreational fishing vessels shall be subject to the regulations prescribed by the shipping administration authority on passenger ships and passenger small ships.
Any recreational fishing vessels shall not carry passengers in excess of the number certified pursuant to the preceding paragraph, and shall not carry passengers outside the navigable waters as specified pursuant to the preceding paragraph.
Article 41-2
Any fishery operator of a recreational fishing vessel shall take out the liability insurance in accordance with the insurance amount specified by the central competent authority, and shall take out the personal injury insurance for passenger(s).
The beneficiary of the personal injury insurance policy as referred to in the preceding paragraph shall be limited to the insured party or his/her legal heir(s), not subject to Article 135 of the Insurance Act which prescribes that Article 105 and Article 107 of the same act shall mutatis mutandis apply.
Upon expiry of the insurance as referred to in paragraph 1, fishery operators shall renew the insurance.
Article 42
In case that any recreational fishery operates within the area covered by an exclusive fishing right, consent of the exclusive fishery right holder shall be obtained and rules prescribed by the said holder shall be complied with. The exclusive fishing right holder shall not withhold his/her consent without justification.
Article 43
For recreational fishery, regulations on the items of activities, methods of catching/ harvesting aquatic fauna and flora, time limit of being out at sea, operating areas, number of fishing vessels, tonnage and length of fishing vessels, procedures on port entry and departure for fishing vessels, qualifications of fishing vessel officers or pilots, and other requirements shall be prescribed by the central competent authority.
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