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Chapter Law Content

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter 5 Conservation and Management
Article 44
For the purposes of resources management and fisheries structure adjustment, the competent authority may promulgate regulations on the following matters:
(1) Restriction or prohibition of the catching, harvesting, or processing of aquatic organisms.
(2) Restriction or prohibition of the sale or possession of aquatic organisms or the products made therefrom.
(3) Restriction or prohibition of the use of fishing gears and fishing methods.
(4) Restriction or prohibition of fishing area and fishing period.
(5) Restriction or removal of any object obstructing the migratory routes of aquatic animals.
(6) Restriction or prohibition of placing or dumping of objects harmful to aquatic organisms.
(7) Restriction or prohibition of placing or removal of protective objects necessary for the propagation of aquatic organisms.
(8) Restriction or prohibition of transplantation of aquatic organisms.
(9) Other matters as deemed necessary.
Any fishery operator violating any provisions of subparagraph 4 to 9 of the precedin g paragraph, shall be imposed with administrative disposition by the authority that made the promulgation.
The municipal or county (city) competent authorities shall report to the central competent authority for approval prior to any promulgation pursuant to the provisions of paragraph 1.
Article 45
For the purposes of conserving aquatic resources, the competent authority may designate and establish on aquatic organisms propagation and conservation zone.
The establishment of aquatic organisms propagation and the conservation zones shall be subject to the approval of the municipal competent authority. In the case of the county(city), the competent authority shall submit a management plan of the conservation zones to the central competent authority for approval and promulgate the establishment after being approved. In case of the establishment of conservation zone involving two or more provinces (municipalities), it shall be reported to the central competent authority for approval.
The municipal/county/city competent authority with jurisdiction over the conservation zone shall be responsible for the management of the conservation zone. Where the jurisdiction over the waters on which the conservation zone established is extended over two or more provinces/municipalities/counties/ cities or is not clear, the central competent authority shall appoint an agency to manage the conservation zones.
Article 46
For the purposes of conserving aquatic resources, the competent authority may undertake survey on respective directed fishery regarding its catch volume, operation conditions and sea conditions.
In undertaking the investigation as referred to in the preceding paragraph, the competent authority may request the fishery operator or fishery employee to submit a report on catch volume, operation period, fishing gears, fishing methods and other relevant reports. The fishery operator or the fishery employee shall not refuse.
Article 47
(deleted)
Article 48
Aquatic organisms shall not be caught or harvested by the use of:
(1) Toxic substances.
(2) Explosives or other dynamites
(3) Electricity or other narcotics.
The restrictions provided in the preceding paragraph shall not apply to those for experimental and research purposes and with permission from the central/municipal competent authority.
Article 49
The competent authority may designate officer(s) to the fishing vessel, fishing grounds of the fishing right fishery, fish farms of inland aquaculture or other relevant sites of the fishery operator to inspect the operator ’ s catch, fishing gears, account books, and other objects, as well as to question any relevant party. The Coast Guard Administration may, pursuant to its mandate, designate officer(s) to the fishing vessel of the fishery operator for inspection and question any relevant party. The relevant party shall not evade, obstruct or deny any of the inspections.
In carrying out the inspection as referred to in the preceding paragraph, where the officer finds any offense of crime regarding fisheries but is not in the position to request the judicial authority to proceed with search or attachment in time, the officer may provisionally seize the fishing vessel, the catch, or any other object that may serve as evidence of the crime committed. In case that any other violation of the provisions of this Act is found, the catch, the fishing gears and other objects may be sealed.
The provisional seizure or seal undertaken in accordance with the preceding paragraph shall be witnessed by any person in charge of the fishing vessel or the site, or any other civil servant. An inventory shall be made in respect of the objects being provisionally seized or sealed.
After the provisional seizure conducted pursuant to paragraph 2, the competent authority or the Coast Guard Administration shall immediately contact the judicial authorities for search or seizure and deliver the provisionally seized objects.
In carrying out the inspection, the officer as referred to in paragraph 1 shall produce his/her identification and the authorization specifying the scope of inspection. In case that the officer fails to do so, the person to be inspected may refuse such inspection.
Article 50
Where any dispute arises concerning the operation areas, fishing grounds, or the methods of catching, or aquaculture, the fishery operator may apply to the competent authority for mediation.
Article 51
Where there are more than one fishing methods used within the same fishing ground, the competent authority may, in consultation with fishery operators, prescribe rules for operation.