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Chapter Law Content

Title: Fishing Port Act CH
Category: Ministry of Agriculture(農業部)
Chapter III Operation, management and maintenance
Article 11
The central competent authority or the municipal/county (city) competent authorities shall respectively have a full-time staff oversee the administration and maintenance of First Category and Second Category fishing ports.
Article 12
The competent authorities shall allocate annual budgets to administer and maintain the primary facilities of fishing ports, and collect administrative fees from the users. Fishing vessels with domestic flags, vessels on public affair errands or vessels taking refuge are exempt from the fees.
The items and rates of the administrative fees referred to in the preceding paragraph shall be prescribed by the central competent authority.
Article 13
The competent authority shall allocate budgets to administer and maintain the public facilities of fishing ports. It may entrust the local fisherman's association, other legal entity or group to administer and maintain the facilities.
Article 14
For general facility of the fishing port, the local fishermen's association, in accordance with the tasks and fishing port plan stipulated in Article 4 of Fishermen's Association Act, has the first priority to purchase the land or to lease the land from the competent authority for construction, operation, and acquire the ownership of the facility. If the local fishermen's association is not able to administer the above-mentioned investment due to shortage in manpower and resources, a public tender is put out to seek investors for the investment based on the fishing port plan. The investor may purchase the land or to lease the land from the competent authority for construction, operation and acquire the ownership of the facility. The competent authority may provide the required land without charge for the investor to build and operate the afore-mentioned facilities and transfer them to the competent authority after a specific period of time.
The leased land of the two preceding paragraphs shall not create superficies.
Article 15
According to the scale and the designated waters of the fishing port, the competent authority shall promulgate the total tonnages of the fishing vessels registered with the fishing port and the number of the registered fishing vessels.
According to the fishing port area actually in use, the competent authority may restrict vessels not registered with the fishing port from entering the port for anchoring. Vessels taking refuge out of an emergency are not bound by this restriction.
Article 16
All vessels entering into and departing from fishing ports are subject to inspection pursuant to the related acts and regulations. The vessels other than the registered fishing vessels shall obtain permission from the competent authority prior to their entrance or departure.
The competent authority may, at its discretion, move the vessels entering into the fishing port without permission and the vessels entering into the fishing port with permission but anchoring outside the designated area. The charge of such moving shall be borne by the vessel owner or the captain.
Article 17
If sunken ships, objects, flotsam, pollutants and rafts within the fishing port area endanger voyage and anchoring of vessels entering or departing, or may contaminate the fishing port area, the competent authority may take the following actions:
(1) To notify owners of the sunken ships, objects, flotsam, pollutants and rafts to remove them within a set time frame; whatever left un-removed within the set time frame is considered waste and will be removed without further notification.
(2) In times of emergency, they will be removed without issuing a notification.
If the owners referred to in the preceding paragraph are unknown or incapable of being notified, the sunken ships, objects, flotsam, pollutants and rafts shall be published by the competent authority. The removal charges of Item (1) shall be borne by the owners.
Article 18
Following conducts are strictly forbidden in the fishing port area:
1. Conducts that jeopardize safety and voyage of vessels.
2. Discharge of toxic materials, hazardous materials and waste oil.
3. Discharge of wastewater and other wastes.
4. Catching or raising marine products.
5. Other conducts announced by the competent authority as strictly forbidden.
Any violation against the above, the coastal patrol authority shall take proper measures to put it to stop.
The fishing competent authority shall designate areas and enact related measures that allow public fishing under the circumstances of no impeding business operations, safety and no polluting the port area. This is not bound by the restriction of the Subparagraph 4.
Article 19
Those who are engaged in following conducts shall apply for permission from the competent authority:
1. Salvage sunken ships, objects and flotsam.
2. Set up buoys and anchor buoys.
3. Tie ropes or vessels on the buoys, anchor buoys and other route marks.
4. Explore mines or collect soil and rocks.
5. Disassemble vessels.
6. Trial run of vessel.
7. Place vessels and other objects on the shore of fishing port area.
8. Install, change or remove the pipelines and equipment for water supply, oil supply, drainage, electricity, telecommunication and gas.
9. Dredging and explosion operation.
10. Build/repair roads.
11. Explosion operations.
12. Other conducts requiring permission in compliance with competent authority's announcement made based on the concern of the fishing port security, environmental protection and vessel navigation.
The permission referred to in the preceding paragraph may be changed or revoked by the competent authority when the construction of the fishing port is required or situations threatening the security and management of the fishing port arise.