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Title: The Fishermen Association Act CH
Category: Ministry of Agriculture(農業部)
Chapter 4 Members
Article 15
Any national of the Republic of China attaining the age of majority whose household registered in the district of a fishermen association, if meeting one of the following requirements, may join the regional fishermen association in the district as member of category A or B after passing qualification screening:
(1) Members of category A:
i. Distant water fishermen
ii. Offshore fishermen
iii. Coastal fishermen
iv. Shallow sea culture fishermen
v. Pond culture fishermen
vi. Lake and river marsh fishermen
(2) Members of category B:
i. Owners of fishing vessel or fish farm hiring others to engage in fisheries operation.
ii. People engaging in the work of fisheries improvement and promotion now, who had graduated from fishery vocational school or had published fisheries books or invention.
iii. Part-time fishermen that engage in the labor work of fisheries but not qualified as member of category A.
A juvenile whose age over than fifteen and actually engaging in the labor work of fisheries that qualified as member of category A, with the approval of his/her legal representative, may join the regional fishermen association in the district as member of category A.
A fisherman living in residence without regional fishermen association may join the adjacent regional fishermen association as member.
A distant water and offshore fisherman may join the regional fishermen association in the district that their vessels registered as member.
A fisherman cannot simultaneously join two regional fishermen associations as member.
The standard of qualification, required documents, reviewing procedure and other requirements for the people as referred to in paragraph 1 to follow when applying for membership of a fishermen association shall be prescribed by the central competent authority.
A member of fishermen association that join the association less than six months or whose age is under the age of majority does not have the right to elect or to be elected.
Article 15-1
A national of the Republic of China attaining the age of majority whose household registered in the district of that fishermen association, but not qualified as engaging in related fisheries operation as stipulated in the preceding Article, may join the fishermen association as a sponsor member.
Any lawfully registered fisheries related enterprise may join the fishermen association in the district as group sponsor members. An individual or group sponsor member does not have the rights to elect or to be elected, with the exception that they may be elected as a supervisor, but other rights and obligations are the same as a member.
Article 16
A superior fishermen association takes the subordinate fishermen associations as members. The representatives of a subordinate fishermen to join the superior fishermen association shall be elected in the general members (representatives) meeting of the subordinate fishermen associations, with the number of due representatives to be prescribed by the competent authority. The chair of board of directors of the subordinate fishermen association is an ex officio member representative to the general members (representatives) meeting of its superior fishermen association.
Among the member representatives of fishermen associations at all levels, at least two-thirds shall be member of category A. The tenure of a member representative shall be four years, who shall be eligible for re-election.
A member representative shall not serve concurrently as chief or deputy chief of the fishermen task force or an employee of the fishermen association.
A member representative of fishermen association at any level shall register his/her candidacy prior to any election, and shall not join any election campaign until registered.
Article 16-1
A fishermen association member, who attains membership for six (6) months or more, may register as a candidate for member representative. Nevertheless, in case of any of following situations, the representative shall not be entitled to such registration; if registered, the registration shall be revoked or nullified:
(1) Where a person has outstanding debts to the fishermen association, including barrowed belongings, unpaid membership dues, business capital, fisheries promotion fund, or unpaid overdue guaranteed liabilities.
(2) Where a person has committed activities as referred to in Article 19.
(3) Where a person has committed and been convicted sentence for any crime involving sedition or treason after the period of suppressing communist rebellion.
(4) Where a person is convicted of security punishment to perform compulsory labor or convicted of reclamation on rascal behavior, with the punishment to be enforced, or enforced but not completed, or completed within the last five years; or, where a person is convicted of security punishment of other nature, with the punishment to be enforced, or enforced but not completed.
(5) Where a person has committed a crime of corruption as stipulated in the Criminal Code or its special law, or committed a crime as stipulated in the Organized Crime Prevention Act, and the crime so convicted.
(6) Where a person has committed such crime as vote-buying, bribe-taking, interference with voting or election campaign, undertaking vote-buying, or has abused official duties as chances or means to commit such crime as embezzlement, fraudulence, breach of trust, or forging instruments, and the crime so convicted with punishment of imprisonment or more. Despite that, any conviction that has been pronounced with probation, or has been commuted to a fine and the fine has been paid, is excluded from this provision.
(7) Where a person has committed a crime other than those as referred to in the preceding four (4) sub-paragraphs and been convicted with punishment of imprisonment or more to be enforced, or enforced but not completed. Despite that, any conviction that has been pronounced with probation, or that of imprisonment not more than six (6) months which may be commuted to a fine, is excluded from this provision.
(8) Where a person has been dishonored for unlawful use of credit instruments, and the term of such sanction has not expired yet.
Article 17
A person with one of the following situations shall not be a member of a fishermen association:
(1) Having been deprived of civil rights, which have not been restored.
(2) Having been announced bankrupt, and the property rights have not been restored.
(3) Having become subject to the order of the commencement of guardianship, which has not been revoked.
(4) Having been dismissed as a penalty pursuant to this Act.
Article 18
A member of fishermen association who commits behavior in violation of this Act or not complies with the charter or resolution of the general members (representatives) meeting, which directly jeopardize the fishermen association in a significant manner, shall be dismissed from membership.
Article 19
Any member of fishermen association has one of the following situations, except those stipulated in paragraph 2, shall be disaffiliated:
(1) Death.
(2) With one of the situations as referred to in sub-paragraph (1) to (3) of Article 17.
(3) Lost of nationality of the Republic of China.
(4) His/her household registration or vessel registration is changed to another district outside the district of the original fishermen association.
(5) Dismissal.
Any member of fishermen association who meets the following criteria which result in the change of household registration to another district outside the district of the original fishermen association as stipulated in sub-paragraph (4) of the preceding paragraph shall be deemed as not disaffiliated. Notwithstanding this provision, he/she whose household registration is changed again shall be disaffiliated in accordance with the preceding paragraph:
(1) A major plan approved by the Executive Yuan; and
(2) His/her original residence was demolished owing to expropriation and such case is identified by the Government.
The provisions stipulated in the preceding paragraph shall become effective as of September 22, 2005.
In case that a member of a fishermen association who had attained the membership of category A before November 12, 1998 and whose household registration had been changed to another district outside the district of the original fishermen association moved back to the district of the original fishermen association before November 12, 1998, and has continued engaging in the labor work of fisheries and has paid the annual membership dues annually shall be deemed as affiliated again starting from the date he/she moved back.