Amended and Promulgated by Presidential Order on December 18, 2002
Chapter One General Principles Article 1
This Act is enacted to conserve and rationally utilize aquatic resources, to increase fisheries productivity, to promote sound fisheries development, to guide and assist the recreational fishery, to maintain order of the fisheries, and to improve the living of fishermen. Matters not covered by this Act shall be governed by the provisions of other acts and regulations.
Article 2
In this Act, the term "competent authority" or "competent authorities" means the Council of Agriculture of the Executive Yuan at the central government, municipal governments at municipalities, and county/city governments at /counties/cities.
Article 3
In this Act, the term "fishery" means the industries of catching, of harvesting, or of cultivating aquatic organisms, as well as processing, transportation, and QUESTIONNAIRE 7
FISHING BOATS; VESSEL S ; CIVIL AIRCRAFT
FISHING BOATS: FISHERIES AGENCY, COUNCIL OF AGRICULTURE
VESSELS: DEPARTMENT OF NAVIGATION & AVIATION, MINISTRY OF TRANSPORTATION AND COMMUNICATIONS CIVIL AIRCRAFT: CIVIL AERONAUTICS ADMINISTRATION, MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
Governing Regulations 7-1
distribution industries associated thereto.
Article 4
In this Act, the term "fishery operator" means the fishing right holders, the piscary holders, or any other persons who engage in fisheries operation in accordance with the provisions of this Act.
In this Act, the term "fishing professional" means any crew members of fishing vessels and any other persons who catch, harvest, or cultivate aquatic organisms for any fishery operator.
Article 5
Only nationals of the Republic of China may qualify as fishery operators hereunder unless a foreign national obtains the approval from the central competent authority to operate fisheries in cooperation with any Republic of China fishery operator.
Article 6
Any person who wishes to operate fishery in the public waters or non-public waters adjacent thereto shall obtain approval given and fishing license issued by the competent authority prior to the operation.
Article 7
The competent authority shall collect fees from applicants for fishing licenses issued. The central competent authority shall prescribe guidelines of granting license and the amount of the fees.
Article 7-1
The competent authorities of different levels shall not issue fishing licenses when the following circumstances occurs:
(1)any fishery operator whose fishing license has been revoked by the fisheries competent authorities;
(2)any fishery operator who engages in smuggling and whose vessels are consequently confiscated or withheld by the customs or the courts;
(3)any fishery operator who arbitrarily imports vessels without obtaining permission from the central competent authority;
(4)any fishery operator who is within the restrained or suspended period in accordance with Article 10 of this Act;
(5)any fishery operator whose fishing license is still under withdrawal;
(6)any fishery operator who has not paid for penalties in accordance with this Act;
and
(7)any fishery operator who violates the provisions of this Act or these regulations promulgated pursuant to this Act before any alteration of vessel ownership takes place, but who has yet to be dealt with by the competent authorities.
Article 8
The building, alteration, or chartering of any fishing vessel used by a fishery operator operating in fishery shall obtain permission from the competent authority.
A fishery operator shall obtain permission from the competent authority before importing/exporting any fishing vessel in accordance with regulations provided by the competent trade authorities.
The qualifications, conditions, application procedure and any other standards to be followed for the building, alteration or chartering of any fishing vessel in
accordance with paragraph 1, or the rights of exportation and importation provided
in the preceding paragraph, shall be prescribed by the central competent authority.
Article 9
For the purposes of exploiting or conserving aquatic resources, or for the need of public interests, the competent authority may impose restrictions or conditions when giving approval to any fishery operation.
Article 10
Any fishery operator who violates the provisions of this Act or any other regulations promulgated pursuant to this Act, the central competent authority may restrain or suspend the operator's right to operate any fishery, or revoke his fishing license for not more than one year. Where the violation is considered gross, the central competent authority may withdraw the approval of the fishery operation or revoke the fishing license of the fishery operator.
Any fishery professional who violates this Act or any other regulations promulgated pursuant to this Act, the central competent authority may withdraw the professional's Fishing Vessel Officer Certificate or Fishing Vessel Crew Identification for not more than one year. Where the violation is considered gross, the central competent authority may revoke the professional's Fishing Vessel Officer Certificate or Fishing Vessel Crew Identification.
Article 11
Where any of the following circumstances occurs, the competent authority shall revoke the approval of the fishery operation:
(1) any fishery operator who does not have any justification for not being able to undertake his fishery operation for more than one year as from the date of approval
was given, or who suspends his fishery operation for more than two years without being approved from the commencement of the operation;
(2) any fishery operator who applies and is approved to operate fishery as a Republic of China national loses his Republic of China nationality; or
(3) any applicant who obtains the approval of the fishery operation by fraud or illicit means.
Without stating justification and being approved by the competent authority, any fishery operator shall not suspend his fishery operation for more than one year. The operator shall report to the competent authority for resumption of fishery operation on records. Failure to do so, the operation shall be considered as not resumed.
Article 12
For the purposes of maintaining the orderly operation of fishing vessels and safety of navigation and operation, the central competent authority shall prescribe rules governing the management of crew members of any fishing vessel.
Article 13
For the purposes of adjusting the fisheries structure, the competent authority may establish a fisheries advisory committee, which consists of experts, scholars, fisheries associations, and officials from relevant government agencies. The fisheries advisory committee shall be organized, functioned, and operated in accordance with regulations prescribed by the central competent authority.
Article 14
The competent authority shall, by the types of fishery, respectively establish and promulgate the facilities of fishing grounds, methods of catching, harvesting, and
cultivating, fishing gears, and any other matters as deemed necessary.
Chapter Two Fishing Right Fishery Article 15
In this Act, the term "fishing right" means any of the following rights:
(1) set net fishing right: the right to build underwater rocky cliffs or wooden fences or to install fishing gears within a specific water area for catching or harvesting aquatic animals;
(2) demarcated fishing right: the right to partition a specific water area for operating aquaculture; or
(3) exclusive fishing right: the right to use a specific water area and form a fishing ground for piscary holders to operate the following fisheries:
(a) catching or harvesting aquatic organisms;
(b) aquaculture; or
(c) catching or harvesting aquatic animals with anchored fishinggears within the waters at a depth of twenty-five meters or less
Only fishermen's associations or fisheries production cooperatives can qualify as exclusive fishing right holders mentioned in the preceding paragraph.
Article 16
In this Act, the term "piscary" means the right to operate fishery within the authorization of exclusive fishing right.
Article 17
The competent authority shall, according to the production of fishery resources and taking into account minerals exploration and exploitation, navigation, irrigation, environmental protection, and other public interests, make an integrated plan with
respect to the fishing right fishery in public waters and shall elaborate and regularly publicize relevant programs annually, as well as take applications for fishing rights.
The programs mentioned in the preceding paragraph may be revised according to practical needs. The competent authority shall promulgate such revised programs.
Article 18
Set net and demarcated fishing rights shall be granted according to the following order of priority:
(1) any fishery operator or fishery professional in hsiang /town /city /district where the fishing ground is located;
(2) any fishermen's association or fishery production cooperative in hsiang /town /city /district where the fishing ground is located;
(3) any fishery operator or fishing professional in municipality /county /city where the fishing ground is located;
(4) any fishermen's association or fishery production cooperative in municipality/county/city where the fishing ground is located;
(5) any non-fishery operator or non-fishery professional in hsiang/town/city/district where the fishing ground is located;
(6) any non-fishery operator or non-fishery professional in municipality/county/city where the fishing ground is located;
(7) any fishery operator or fishery professional in other municipalities/counties/cities;
(8) any non-fishery operator or non-fishery professional in other municipalities/counties/cities.
Any fishery operator applying for continuous operation before his fishing right
expires shall not be subject to the order of priority mentioned in the preceding paragraph.
Article 19
Any fishermen's associations or fishery production cooperatives approved to operate exclusive fishing right shall draft rules for access fishing and apply to the
competent authority for approval.
Piscary undertaken by any non-member of fishermen's associations or fishery production cooperatives shall be agreed by a contract.
Article 20
The fishing right shall be considered as the right over things. Except as this Act otherwise provides, the provisions of the Civil Code governing immovables of the right over things shall, mutatis mutandis, apply.
Article 21
The creation, acquisition, alteration, and loss of fishing right shall not become effective before registration.
In taking legal proceedings pursuant to Articles 10, 11, and 29 regarding set net fishing right, demarcated fishing right, and exclusive fishing right, the competent authority shall also register such legal proceedings to the respective fishing right.
The competent authority processing application for fishing right registration shall charge the applicant registration fees. The central competent authority shall prescribe the registration rules and the amount of fees.
Article 22
Jurisdiction over any dispute concerning fishing right shall be exercised by a court at the municipality or city/county with its coast closest to the fishing ground where such fishing right is exercised.
Article 23
Exclusive fishing right shall not be the subject of any other rights or juristic acts other than entitling the holder thereof to fish in the specific waters.
Article 24
Set net fishing right and demarcated fishing right shall not be the subject of any other rights or juristic acts except for succession, transference, and mortgage.
Article 25
Unless approved by the competent authority, no mortgage shall be created over the fishing right provided in the preceding article, nor shall such right be transferred unless otherwise arises out of a compulsory execution and the approval of the competent authority has been duly obtained.
A fishery operator or fishery professional shall be preferred to be the transferee of the compulsory execution and the transference provided in the preceding paragraph.
Except as otherwise provided in a contract, the working articles grounded within a
fishing ground over which a mortgage has been registered shall be deemed as the subject of the mortgage created.
Article 26
Except as the competent authority otherwise approves, the fishing right shall neither be merged nor subdivided.
Article 27
Unless consented by at least two-thirds of the other joint-holders who hold their respective percentage shares, the joint-holders of set net fishing right, demarcated fishing right, or piscary shall in no event dispose of their respective percentage shares.
The provision of the preceding paragraph shall, mutatis mutandis, apply to the fishing right jointly held by public bodies.
Article 28
The term of fishing rights shall be as follows:
(1) set net fishing right: 5 years;
(2) demarcated fishing right: 5 years;
(3) exclusive fishing right: 10 years.
Upon the expiration of the term provided in the preceding paragraph, the fishing right holder may be preferred to apply for renewing the respective rights.
Article 29
The competent authority may alter or revoke its fishing right approval or suspend the operation of any fishing right if any one of the following circumstances occurs:
(1) requirements of national defense;
(2) economic utilization of land;
(3) conservation of aquatic resources;
(4) requirements of environmental protection;
(5) navigation and anchoring of any vessel;
(6) laying of underwater pipelines and cables;