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Chapter Law Content

Title: Fisheries Act CH
Category: Ministry of Agriculture(農業部)
Chapter 7 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 not exceeding five years, short-term imprisonment, or in addition thereto a fine of not exceeding one hundred and fifty thousand New Taiwan Dollars.
Any person who violates the rules 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 fine of not exceeding one hundred and fifty thousand New Taiwan Dollars.
Article 61
Any person who violates the rules on the restriction or prohibition of fishing gears and fishing methods promulgated by the competent authority pursuant to subparagraph (3) of Article 44, paragraph 1shall be subject to imprisonment not exceeding six months, short-term imprisonment, or in lieu thereof or in addition thereto a criminal fine of not exceeding thirty thousand New Taiwan Dollars.
Article 62
Any person who undertakes any of the following activities shall be liable to short-term imprisonment or in lieu thereof a fine of not exceeding one hundred and fifty thousand New Taiwan Dollars:
(1) Altering the fishing vessel ’ s name or the registration number.
(2) Removing, vitiating, or destroying the signs on any fishing grounds or fishing gears.
(3) Setting up fences, buildings, or any fishing gears to obstruct the migratory routes of fish without permission.
Article 63
Where the representative of a juridical person, the agent or employee of a juridical person or natural person, or any other employee, in performing his duty, violates the provisions of Articles 60 to 62, the offender shall be punished pursuant to the provisions of the respective article. In addition thereto, the relevant juridical person or natural person shall be imposed with a fine for the amount as specified in the relevant article.
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 of between thirty thousand and three hundred thousand New Taiwan Dollars:
(1) Operating fisheries in violation of the provisions of Article 6.
(2) Violating the administrative disposition imposed by the competent authority pursuant to Article 29, paragraph 1.
(3) Continuing to operate fisheries after his fishing license has expired and application for renewal of the license has not been duly approved.
(4) Not being inspected or measured pursuant to provisions of Article 41-1, or carrying passengers in excess of the passenger quota or outside the navigable waters as certified.
Article 64-1
Where any fishing vessel leaving port in violation of the provisions of Article 11-1, paragraph 1 or 2, the fishery operator or vessel owner shall be liable to a fine of between sixty thousand and three hundred thousand New Taiwan Dollars.
Where any fishing vessel that does not return to port within the designated time limit pursuant to Article 11-1, paragraph 3, the fishery operator or vessel owner shall be liable to a fine of between sixty thousand and three hundred thousand New Taiwan Dollars, and the fine may be repeatedly imposed on a daily basis.
Article 64-2
Any fisheries operator who undertakes any of the following activities shall be liable to a fine of between sixty thousand and three hundred thousand New Taiwan Dollars:
(1) Violating the provisions of Article 39-1, paragraph 2, for hiring privately contracted armed security without reporting to the central competent authority for perusal in advance.
(2) Violating the provisions of 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, does not embark or disembark the vessel abroad with the firearms, ammunitions or knifes possessed or used by him/her, or enters into the territory of the Republic of China other than the fishing vessel that has been reported for perusal to be safeguarded.
Article 65
Any person who undertakes any of the following activities shall be liable to a fine of between thirty thousand and one hundred and fifty thousand New Taiwan Dollars:
(1) Violating the restrictions or conditions imposed pursuant to Article 9.
(2) Violating matters as promulgated pursuant to Article 14.
(3) Violating the provisions or restrictions pursuant to Article 36 or Article 37.
(4) Failing to apply for license pursuant to Article 41, paragraph 2.
(5) Failing to renew the license and continuing to operate recreational fisheries in violation of the provisions 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 officers ’ queries without good cause or making false statement.
(8) Violating the regulations prescribed pursuant to Article 54 subparagraph (5).
(9) Violating the orders 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 of between fifteen thousand and seventy-five thousand New Taiwan Dollars:
(1) Violating the provisions of Article 11, paragraph 2 in suspending operation for more than one year without approval.
(2) Refusing, evading or obstructing the inspection carried out pursuant to Article 46, paragraph 1, or violating the provisions of Article 46, paragraph 2 by 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 punishment imposed pursuant to Article 64, and Article 65, subparagraph (1) to (3), (6) to (8), the catches caught or transshipped or the fishing gears involved may also be confiscated, regardless of the ownership. In case the whole or part of such catches or fishing gears cannot be confiscated, the value of such catches or fishing gears shall be collected.