For the purpose of this Act, the term “ fishing right ” means any of the following rights:
(1) Set net fishing right: the right to set up underwater rocky cliffs, build fences or install fishing gears within a specific water area for catching or harvesting aquatic animals.
(2) Demarcated fishing right: the right to partition a specific water area for operating aquaculture.
(3) Exclusive fishing right: the right to use a specific water area to form a fishing ground for fisheries access privilege holders to operate one of the following fisheries:
(a) Catching or harvesting aquatic organisms.
(b) Aquaculture.
(c) Catching or harvesting aquatic animals with anchored fishing gears within the waters at a depth of twenty-five meters or less.
Only fishermen ’ s associations or fisheries production cooperatives can qualify as exclusive fishing right holders as referred to in the preceding paragraph.

For the purpose of this Act, the term “ fisheries access privilege ” means the right to operate fishery within the area of the authorization of exclusive fishing right.

The competent authority shall, according to the production of fishery resources and taking into account minerals exploration and exploitation, navigation, irrigation, environmental protection, and other public interests, make an integrated plan with respect to the fishing right fishery in public waters and shall elaborate and regularly publicize relevant programs annually, as well as accept applications for fishing rights.
The programs as referred to in the preceding paragraph may be revised according to practical needs, and the revision shall be promulgated.

Set net and demarcated fishing rights shall be granted in accordance with the following order of priority:
(1) Any fishery operator or fishery employee whose household registered in the township/town /city /district where the fishing ground is located.
(2) Any fishermen ’ s association or fishery production cooperative registered in the township /town /city /district where the fishing ground is located.
(3) Any fishery operator or fishery employee whose household registered in the municipality /county /city where the fishing ground is located.
(4) Any fishermen ’ s association or fishery production cooperative registered in the municipality/county/city where the fishing ground is located.
(5) Any non-fishery operator or non-fishery employee whose household registered in township town/city/district where the fishing ground is located.
(6) Any non-fishery operator or non-fishery employee whose household registered in municipality/county/city where the fishing ground is located.
(7) Any fishery operator or fishery employee whose household registered in other municipalities/counties/cities.
(8) Any non-fishery operator or non-fishery employee whose household registered in other municipalities/counties/cities.
Any fishery operator applying for continuous operation before the expiration of his fishing right shall not be subject to limit of the order of priority as referred to in the preceding paragraph.

Any fishermen ’ s association or fishery production cooperative approved to operate exclusive fishing right shall draft rules on fisheries access and report to the competent authority for approval.
Fisheries access undertaken by any non-member of fishermen ’ s association or fishery production cooperative shall be concluded by a contract separately.

The fishing right shall be considered as a right in rem. Except as this Act otherwise provides, the provisions of the rights in rem of real property in the Civil Code shall, mutatis mutandis, apply.

The creation, acquirement, alternation, and loss of fishing right will not effect until the recordation has been made.
In rendering administrative disposition pursuant to Articles 10, 11 and 29 regarding set net fishing right, demarcated fishing right and exclusive fishing right, the competent authority shall also register such administrative disposition to the respective fishing right.
In processing the registration of fishing rights, the competent authority may charge the applicant registration fees. The regulations on registration and the amount of fees shall be prescribed by the central competent authority.

In matters regarding to fishing rights whose jurisdiction residing in court for the place where the real property is located, the place where the real property is located should be the municipality or city/county whose coast closest to the fishing ground.

Exclusive fishing right shall not be the subject of any other rights or juridical acts other than entitling the holders to have fisheries access.

Set net fishing right and demarcated fishing right shall not be the subject of any other rights or juridical acts except for succession, transfer, and mortgage.

Unless approved by the competent authority, no mortgage shall be created over the fishing right as referred to in the preceding article, nor shall such right be transferred unless otherwise arises out of a compulsory execution and the approval of the competent authority has been duly granted.
A fishery operator or fishery employee shall be preferred to be the transferee of the compulsory execution and the transfer as referred to in the preceding paragraph.
Except as otherwise provided in a contract, the working articles grounded within a fishing ground over which a mortgage has been registered shall be deemed as the subject of the mortgage created.

Except as the competent authority otherwise approves, the fishing right shall neither be merged nor subdivided.

Unless consented by at least two-thirds of the other joint-holders who hold their respective percentage shares, the joint-holders of set net fishing right, demarcated fishing right or fisheries access privilege shall in no event dispose of their respective percentage shares.
The provision of the preceding paragraph shall, mutatis mutandis, apply to the fishing right jointly held by public bodies.

The term of fishing rights shall be as follows:
(1) Set net fishing right: 5 years.
(2) Demarcated fishing right: 5 years.
(3) Exclusive fishing right: 10 years.
Upon the expiration of the term as referred to in the preceding paragraph, the fishing right holder may be preferred to apply for renewing the respective right.

The competent authority may alter or revoke its approval to fishing right or suspend the operation of any fishing right, if any of the following circumstances occurs:
(1) Requirements of national defense.
(2) Economic utilization of land.
(3) Conservation of aquatic resources.
(4) Requirements of environmental protection.
(5) Navigation and anchorage of any vessel.
(6) Laying of underwater pipelines and cables.
(7) Exploration and exploitation of minerals.
(8) Requirements of other public interests.
Before rendering any administrative disposition as referred to in the preceding paragraph, the competent authority shall publicize such disposition in advance and notify all fishery operators concerned.
Where the administrative disposition as referred to in paragraph 1, cause any loss to the fishery operator, the relevant competent authority or the party claiming alteration, revocation, or termination shall reconcile the operator to make appropriate compensation for the losses. Should the reconciliation fails, the central competent authority shall decide the content of the compensation.

The fishery access privilege shall not be the subject of other rights or juridical acts except for succession and transfer.

The term of a fishery access privilege that is not specified shall be valid for a term as that of an exclusive fishing right.

An exclusive fishing right holder may collect fishery access fees from fishery access privilege holders. The amount of the fees shall be enunciated in the rules or the contract of fishing access.

The fishing right holder may, with the consent of the land owner or land user, utilize the land or limit the removal of bamboo, timber, soil and stones from the land, if it is deemed necessary for the followings:
(1) To build signs of the fishing ground.
(2) To build or maintain necessary signs within the fishing ground.
(3) To build beacons or other necessary facilities relating to fishing right.

For the purposes of fisheries survey, site investigation, or the building of facilities as referred to in any subparagraph of the preceding article, the fishing right holder may, with the consent of the land owner and land user, access to the land or remove any obstruction from the land.

If any of the circumstances as referred to in the preceding two Articles is deemed as necessary but fails to obtain consent, the fishing right holder may apply to the competent authority for approval and take the said action after the approval is granted. In case that approval is granted, the competent authority shall publicize it and notify the said land owner and user. Any loss incurred should be borne by the applicant through appropriate compensation.