Chapter 3 Directed Fisheries
Article 36
For the purpose of this Act, the term “ directed fishery ” means the fishery authorized by the competent authority for the use of fishing vessels to catch or harvest aquatic organisms for commercial purposes.
The authorizations of fishery operation as referred to in the preceding paragraph shall include the types of fishery, operating period and operating areas, and such items shall be stipulated in the fishing license.
Article 37
The competent authority may impose restrictions on respective directed fishery regarding the total number and tonnage of the fishing vessels, operating areas, operating period and other matters, if any of the following circumstances occurs:
(1) Conservation of aquatic resources.
(2) Adjustment of fisheries structure.
(3) Restriction of international fisheries agreements or fisheries cooperation with foreign countries.
Article 38
Where the restrictions imposed in accordance with the provisions of the preceding Article on the total number of fishing vessels within respective directed fishery requires the reduction of the approved number of fishing vessels, the fisheries association of the particular directed fishery shall coordinate with the operators for the reduction. The operators who continue their operation shall compensate those who are restricted. Provided that those fishing vessels imposed restrictions may operate other types of fishery, no compensation needs to 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 restrictions as referred to in the preceding paragraph cause termination of the fishery operation and revocation of the fishing license, the competent authority shall make appropriate compensation accordingly.
Article 39-1
Where a fishing vessel whose operating areas approved by the central competent authority contain the high risk areas being threaten by pirates or illegal armed force, the fishery operator may hire privately contracted armed security provided by the private maritime security corporations.
The fishery operator as referred to in the preceding paragraph shall report to the central competent authority for perusal with 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 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 the firearms, ammunitions or knifes possessed or used by him/her, and shall not enter into the territory of the Republic of China other than the fishing vessel that has been reported for perusal to be safeguarded.
The high risk areas of threat as referred to in paragraph 1 shall be promulgated by the central competent authority.
The procedures of reporting for perusal, documents required to be attached such as the fishing licenses, employment plan and insurance plan, the regulations governing the management of privately contracted armed security and the firearms, ammunitions or knifes possessed or used by them, the record of use and other requirements as addressed in paragraph 2, shall be prescribed by the central competent authority.
The central competent authority shall integrally collect the relevant information on private maritime security corporation for reference to the fishery operator.