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Chapter Law Content

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter 4 Recreational Fishery
Article 41
For the purpose of this Act, the term "recreational fishery" means the fishery using fishing vessels for recreational purposes, or for passengers to catch or harvest aquatic organisms or to engage in sightseeing on the water or on islands or islets.
Any fishery operator engaging in recreational fishery as referred to in the preceding paragraph shall apply to the competent authority and can only operate after the license is granted.
The operating period of recreational fishery 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 intends to continue its operation shall apply for the renewal of license at least three months prior to its expiration.
The regulations on the application, alternation, abolishment, renewal of fishing license for recreational fishery and other matters should be recorded on the license as addressed in paragraph 2, shall be prescribed by the central competent authority.
Article 41-1
The inspection, measurement, certified passenger quota, navigable waters, and other compliance matters of full-time or part-time recreational fishing vessels, shall be subject to the regulations prescribed by the shipping administration authority on passenger ship and passenger small ship.
Any recreational fishing vessels shall not carry passengers in excess of the passenger quota certified pursuant to the preceding paragraph, and shall not carry passengers outside the navigable waters specified pursuant to the preceding paragraph.
Article 41-2
Any fishery operator of recreational fishing vessel shall subscribe to liability insurance in accordance with the amount provided by the central competent authority, and shall subscribe to insurance covering injuries to passengers.
The beneficiary of the insurance policy as referred to in the preceding paragraph shall be limited to the insured party or his/her legal heir(s), without being subject to Article 135 of the Insurance Act applying mutatis mutandis to Article 105 and Article 107 of the same act.
Upon expiry of the insurance as referred to in Paragraph 1, the fishery operator shall obtain renewal.
Article 42
The recreational fishery operator shall obtain the consent of the exclusive fishery right holder and comply with the rules prescribed by the said holder prior to operate within the waters covered by the exclusive fishing right. The exclusive fishing right holder cannot withhold his consent without justification.
Article 43
Regulations governing the items of activities, methods of catching or harvesting aquatic organisms, time limit of being out at sea, operating areas, numbers of fishing vessel, tonnage and length of fishing vessel, procedures on the entering and leaving port for fishing vessels, qualifications of fishing vessel officer or pilot, and other requirements, shall be prescribed by the central competent authority.