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

Print Time:2024/11/22 07:29
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Chapter Law Content

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter VII Penal Provisions
Article 60
Any person who violates the provisions of any subparagraph of Article 48, paragraph 1 shall be subject to imprisonment for a period of one to five years, short-term imprisonment, or in addition thereto a criminal fine not exceeding 150 thousand New Taiwan Dollars.
Any person who violates the regulations as promulgated by the competent authority pursuant to subparagraph (1) and (2) of Article 44, paragraph 1 shall be subject to imprisonment not exceeding three years, short-term imprisonment, or in lieu thereof or in addition thereto a criminal fine not exceeding 150 thousand New Taiwan Dollars.
Article 61
Any person who violates the regulations on the restriction or prohibition on fishing gears and fishing methods as promulgated by the competent authority pursuant to subparagraph (3) of Article 44, paragraph 1 shall be subject to imprisonment not exceeding six months, short-term imprisonment, or in lieu thereof or in addition thereto a criminal fine not exceeding 30 thousand New Taiwan Dollars.
Article 62
Any person who undertakes any of the following activities shall be liable to short-term imprisonment or a criminal fine not exceeding 150 thousand New Taiwan Dollars:
(1)Altering any fishing vessel name or the registration number.
(2)Removing, vitiating, or destroying any sign on any fishing ground or fishing gear.
(3)Setting up any fence, building, or fishing gear without permission to obstruct the migratory routes of fish.
Article 63
Where a representative of any legal person; the agent or employee of a legal person or natural person, or any other employee commits the violations as referred to Article 60 to 32 in the performance of their duties, in addition to punishing the offender(s) pursuant to the respective article, a criminal fine as stipulated in the respective article shall also be imposed upon the legal or natural person concerned.
Article 63-1
(deleted)
Article 63-2
(deleted)
Article 64
Any person who undertakes any of the following activities shall be liable to a fine between 30 thousand and 300 thousand New Taiwan Dollars:
(1)Operating any fishery in violation of Article 6.
(2)Violating the administrative disposition imposed by the competent authority pursuant to Article 29, paragraph 1.
(3)Continuing to operate the concerned fishery after the expiry of the fishing license, the renewal of which has not been approved.
(4)Not being inspected or measured pursuant to Article 41-1, or carrying passengers in excess of the certified number or outside the certified navigable waters.
Article 64-1
Where any fishing vessel leaves a port in violation of Article 11-1, paragraph 1 or 2, the concerned fishery operator or vessel owner shall be liable to a fine between 60 thousand and 300 thousand New Taiwan Dollars.
Where any fishing vessel fails to return to a port within the designated timeframe pursuant to Article 11-1, paragraph 3, the concerned fishery operator or vessel owner shall be liable to a fine between 60 thousand and 300 thousand New Taiwan Dollars, and the fine may be repeatedly imposed on a daily basis.
Article 64-2
Any fishery operator who undertakes any of the following activities shall be liable to a fine between 60 thousand and 300 thousand New Taiwan Dollars:
(1)Violating Article 39-1, paragraph 2, for hiring privately contracted armed security without reporting to the central competent authority for reference in advance.
(2)Violating Article 39-1, paragraph 3, for that the privately contracted armed security who is not a national of the Republic of China and employed by the fishery operator and the firearms, ammunitions or knives possessed or used by him/her do not embark or disembark the vessel abroad or enter the territory of the Republic of China other than the fishing vessel(s) that has been reported for reference to be safeguarded.
Article 65
Any person who undertakes any of the following activities hall be liable to a fine between 30 thousand and 150 thousand New Taiwan Dollars:
(1)Violating the restrictions or conditions imposed pursuant to Article 9.
(2)Violating the regulations as promulgated pursuant to Article 14.
(3)Violating the specifications or restrictions made pursuant to Article 36 or Article 37.
(4)Failing to apply for license pursuant to Article 41, aragraph 2.
(5)Failing to renew the license and continuing to operate recreational fishery, in violation of Article 41, paragraph 4.
(6)Violating any of the provisions of subparagraph (4) to (9) of Article 44, paragraph 1.
(7)Refusing, evading, or obstructing an inspection carried out pursuant to Article 49, paragraph 1, or refusing to answer to the personnel’s inquiry without justification or making false statement.
(8)Violating the regulations prescribed pursuant to Article 54, subparagraph (5).
(9)Violating any order issued by the competent authority pursuant to this Act.
Article 66
Any person who undertakes any of the following activities shall be liable to a fine between 15 thousand and 75 thousand New Taiwan Dollars:
(1)Violating Article 11, paragraph 2, for suspending the concerned fishery operation for one year or more without approval.
(2)Refusing, evading, or obstructing the survey carried out pursuant to Article 46, paragraph 1, or violating the provisions of Article 46, paragraph 2 for refusing to submit a report.
(3)Violating the rules for operation prescribed pursuant to Article 51.
Article 67
(deleted)
Article 68
In addition to the punishments imposed pursuant to Article 64 and Article 65, subparagraph (1) to (3), (6) to (8), the concerned catch caught/harvested or transported or the fishing gear(s) involved may also be forfeited, regardless of the ownership. In case the whole or part of such catch or fishing gear(s) cannot be forfeited, the value of such catch or fishing gear(s) shall be collected.
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