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法規名稱(Title) The Fishermen Association Act Ch
公發布日(Date) 2015.12.30
法規沿革(Legislative) The full text of 29 Articles enacted and promulgated by the
national government on 11 November 1929.
Article 4 and Article 7 amended and promulgated by the
national government on 5 August 1932.
The full text of 40 Articles amended and promulgated by
Presidential Order on 30 December 1948.
The full text of 53 Articles amended and promulgated by
Presidential Order (64) Tai-Tung (1) Yi-Tzu No.5497 on 13
December 1975.
Amended and promulgated by Presidential Order (70) Tai-Tung (1)
Yi-Tzu No. 4787 on 17 July 1981.
Amended and promulgated by Presidential Order (74) Hua-Tsung (1)
Yi-Tzu No.0379 on 23 January 1985.
Amended and promulgated by Presidential Order (77) Hua-Tsung (1)
Yi-Tzu No.2531 on 24 June 1988.
Article 29 amended and promulgated by Presidential Order (80)
Hua-Tsung (1) Yi-Tzu No.3913 on 2 August 1991.
Article 49-1 amended and promulgated by Presidential Order (88)
Hua-Tsung (1) Yi-Tzu No.8800149810 on 30 June 1999.
Articles 3, 6, 26, 27, 52 amended and promulgated by
Presidential Order (89) Hua-Tsung (1) Yi-Tzu No.8900177690 on 19
July 2000.
Articles 26-3, 29-1, 50-5 added and Articles 4, 5, 15, 15-1,
16-1, 21-2, 24, 26, 26-2, 42, 46, 49-1, 50-2, 50-4, 51-1, 51-2
amended and promulgated by Presidential Order (90) Hua-Tsung (1)
Yi-Tzu No.9000043400 on 9 March 2001.
Article 21-1 amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No.09300118721 on 23 June 2004.
Articles 26 and 49-1 amended and promulgated by Presidential
Order Hua-Tsung (1) Yi-Tzu No.09600078271 on 20 June 2007.
Article 29 amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No.09800015951 on 23 January 2009.
Articles 17 and 53 amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No.09800129171 on 27 May 2009.
Article 19 amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No.09900140681 on 9 June 2010.
Articles 6, 20 and title of Chapter 3 amended, and Articles 6-1,
14-1~14-6 added and promulgated by Presidential Order Hua-Tsung
(1) Yi-Tzu No.10100021431 on 30 January 2012.
Article 50-5 deleted and Articles 5, 11, 15-1, 23-1, 26-1, 27,
35 amended and promulgated by Presidential Order Hua-Tsung (1)
Yi-Tzu No.10100264221 on 28 November 2012.
Article 19 amended and promulgated by President Order Hua-Tsung
(1) Yi-Tzu No. 10400151531 on 30 December 2015.
法規內文(Content) Chapter 1 General Principles
Article 1
A fishermen association shall operate for such tenets as 
safeguarding fishermen’s rights and interests, enhancing 
fishermen’s knowledge and skills, increasing fishermen’s profits 
from production, improving fishermen’s livelihood, promoting the 
modernization of fisheries, and seeking development of fisheries.
 
Article 2
A fishermen association is a legal person.
 
Article 3
The competent authority of fishermen associations are the 
Council of Agriculture, Executive Yuan at the central level, 
municipal government at the municipal level, and county (city) 
government at county (city) level. However, the target 
businesses of fishermen associations shall be directed and 
supervised by the competent authorities of specific businesses.
 
Chapter 2 Duties
Article 4
The duties of fishermen associations are as the follows:
(1) To safeguard fishermen’s rights and interests, to 
disseminate fisheries laws and regulations, and to mediate 
fisheries related disputes.
(2) To conduct fisheries improvement and promotion.
(3) To operate in coordination to conduct fishermen rescue for 
sea disasters and other incidents
(4) To accept commission to propagate the gathering location of 
fishery stocks, fishery meteorology and establish communication 
among fishing vessels.
(5) To assist with the establishment and management of fishing
port facilities, or navigation safety facilities and fishery 
signs in the exclusive fishing zones.
(6) To conduct the import, export, processing, refrigeration, 
transportation, marketing, and whole sales at place of origin
and consumption of aquatic products, and the operation of
retail market.
(7) To conduct the import, export, processing, manufacture, 
transportation and marketing of the materials for fisheries, and 
the maintenance and building of fishing vessels, and the supply 
and marketing of goods for daily use of members.
(8) To assist with the establishment and management of foreign 
fishing bases and related international fisheries cooperation.
(9) To conduct financial business for members.
(10) To conduct business on culture, medical treatment and 
sanitation, welfare, relief and social service for fisheries 
villages.
(11) To promote auxiliary occupation in fisheries villages, and 
to guide and assist fishermen to increase production and improve 
livelihood.
(12) To promote fisheries villages and fisheries cooperative 
businesses.
(13) To assist with the development of fisheries villages and to 
accept commission to help members for building residence.
(14) To operate in coordination for fishermen group training and 
to provide the assistance related to coastal defense and
security.
(15) To operate in coordination to conduct aquatic resource 
conservation and to provide the assistance related to prevention 
of water pollution in fishing harbors and fishing areas.
(16) To accept commission to conduct fisheries related insurance 
business and to provide the assistance related to fishermen 
insurance.
(17) To accept commission from the government or public/ private 
organizations.
(18) To conduct fishing village and fishing harbor tours, and 
recreational fisheries.
(19) Other business specially approved by the competent 
authorities.

When conducting business as referred to in the preceding
paragraph with respect to exemption of duty, fishermen
associations shall refer to relevant provisions stipulated in
the Agricultural Development Act and the Cooperatives Act. The
range of exemption of duty shall be set by the Executive Yuan.
 
Fishermen associations shall include duties, as referred to in
paragraph 1, to be carried out into the annual plan.
 
Article 5
A fishermen association, while carrying out duty as stipulated
in paragraph 1, sub-paragraph (9) of the preceding article,
shall comply with the provisions of Agricultural Finance Act.
 
A fishermen association, while accepting commission to conduct 
fisheries related insurance business and providing the 
assistance 
related to fishermen insurance as stipulated in paragraph 1, 
sub-paragraph (16) of the preceding article , may establish the 
insurance department.
 
Fishermen associations at all levels, for the purpose of making 
major investment for conducting business as referred to in 
Article 4, paragraph 1, may jointly invest in company limited by 
shares in accordance with the provisions of the Company Act, 
after jointly applied by at least two fishermen associations to 
the central competent authority and the permission so granted. 
The rules and regulations governing the capital contribution and 
investment examination and approval will be separately 
prescribed by the central competent authority.
 
Chapter 3 Establishment and Merger
Article 6
The fishermen associations are classified into two levels, 
namely the regional fishermen association and the national 
fishermen association. Fishermen associations at both levels, 
subject to approval of the competent authority, may establish 
branch offices in accordance with the actual needs.
 
The Taiwan Provincial Fishermen Association established prior to 
the amendment of the Act on 19 January 2012, shall be 
reorganized as the National Fishermen Association upon the 
amendment becoming effective.
 
The regional fishermen associations are the fishermen 
associations at basic level, which are established at level of 
fisheries district with intense fisheries. The division among 
fisheries districts shall be surveyed by the competent 
authorities of municipal or county (city) governments, and 
approved and promulgated by the central competent authority. 
 
The name of regional fishermen associations shall be prescribed 
by the competent authority of the municipal or county (city) 
governments.
 
Article 6-1
When the Taiwan Provincial Fishermen Association reorganized as 
the National Fishermen Association, the tenure of original 
elected personnel may continue until the expiration of that 
term.
 
Article 7
There shall not be two fishermen associations at the same level 
within the same fishing district or the same village and 
township.
 
Article 8
The central competent authority may command the regional 
fishermen associations to merge due to their limited fisheries 
district, insufficient fisheries or economic condition.
 
Article 9
A regional fishermen association shall establish fishermen task 
force, by fisheries type or administrative district of village, 
as the basic unit to carry out the business of the fishermen 
association.
 
Article 10
A regional fishermen association, when its members operate 
outside their jurisdictional fishing districts following the 
gathering of fishery stocks, may establish a temporary branch 
office at each of the local fishing district to conduct the 
business concerned. The branch office shall be abolished after 
the fishing season, and the date of establishment and 
abolishment shall be reported to the local fishermen association 
so the local fishermen association can pass them to the 
competent authority for perusal.
 
Article 11
In the case that there are not less than 100 fishermen with 
qualified membership in the same fisheries district, they may 
take the initiative to organize a regional fishermen 
association.
 
A subordinate fishermen association shall join the superior 
fishermen association as member and is subject to guidance and 
assistance of the superior fishermen association. Such rules and 
regulations shall be prescribed by the central competent 
authority.
 
Article 12
For the initiative of fishermen association, the initiators 
shall appoint the members of the preparatory committee, which 
shall be reported to the local competent authorities for perusal
 before the committee organized pursuant to the related laws and 
regulations.
 
The convention of preparatory committee and inaugural meeting 
shall be reported to the competent authorities so as to send 
personnel to guide the preparatory work and supervise the 
election.
 
Article 13
A fishermen association shall, within seven (7) days after the 
inaugural meeting, submit the charter of organization, scroll of 
members (representatives), and the curriculum vitae of directors 
and supervisors to the competent authorities for perusal and 
issuance of an accreditation certificate and an official seal.
 
Article 14
The charter of a fishermen association shall clearly state the 
follow items:
(1) Name and tenet.
(2) Ruling district and address.
(3) Duties and organizations.
(4) Affiliation, disaffiliation, and dismissal of membership.
(5) Rights and obligations of members.
(6) Allocated numbers, scope of authorities, tenure, election, 
and recall of member representatives, directors, and 
supervisors.
(7) Appointment, dismissal, and duties of secretary general.
(8) Meetings.
(9) Businesses of common facilities.
(10) Membership dues, funds, property, and accounting.
(11) Procedures for the amendment of the charter.
 
Article 14-1
In the event that there are not less than two regional fishermen 
associations in a municipal city or county (city), they may 
jointly apply to the competent authority of the municipal city 
or county (city), and merge as one regional fishermen 
association after approval granted. 
 
The regional fishermen association, within six months from the 
date that the competent authority of municipal city or 
county (city) granting approval for merger, shall complete 
re-election of elected personnel and re-appointment of secretary 
general, whose tenure shall terminate at the end of that term.
 
Article 14-2
Before the fishermen associations apply for merger pursuant to 
the paragraph 1 of the preceding article, they shall jointly 
organize the merger preparatory committee, preparing merger plan 
and contract pertaining to the relevant matters. After the plan 
and contract reviewed and considered by the board of directors, 
they shall be attached with balance sheets, income statement and 
details, retained earnings statement, cash flow statement and 
property inventory, which are audited and certified by a 
certified public accountant and checked by the board of 
supervisors, and they shall be reported to the general 
members (representatives) meeting to make a resolution pursuant
 to the provisions of Article 39.
 
The merger plan and contract referred in the preceding Paragraph 
shall clearly state the follow items:
(1) Merger plan, including the approach of merger, evaluation of 
economic efficiency, general condition of fisheries district 
after merger, business development plan, financial projection 
for the coming three (3) years, expected progress, and 
evaluation of feasibility. 
(2) Merger contract: 
i. Names of each regional fishermen association before merger, 
name of the regional fishermen association after merger and its 
fisheries district.
ii. Evaluation on the assets and liabilities of the regional 
fishermen association.
iii. Methods to protect the rights and interests of the members
 and employees of the regional fishermen association, and the 
disposal of allocated numbers of elected personnel.
iv. The charter of the regional fishermen association after 
merger.
 
If the resolution as referred to in paragraph 1 is adopted in 
the general members (representatives) meeting, the regional 
fishermen associations shall, within ten (10) days after the 
resolution, proclaim the contents of resolution and the items to
 be clearly stated in the merger contract at the regional 
fishermen associations and each of their branch office for at 
least seven (7) days, and post on newspapers and the website(s) 
designated by the competent authority of the municipal city or 
county (city) for at least five (5) days. The proclamation shall
 specify an objection period of not less than thirty (30) days. 
Dissenting members shall make objection in writing within the 
specified period. When one-third or more members raise objection, 
the original resolution shall become void. If no objection is 
raised within the specified period, the resolution shall be 
deemed agreed.
 
After the resolution as referred to in paragraph 1 is adopted, 
the regional fishermen associations shall, within ten (10) days 
after the resolution, proclaim the contents of resolution and 
the items to be clearly stated in the merger contract to the 
creditors in writing. The proclamation shall specify that the 
creditors may raise any objection in writing within the 
specified period, which shall not be less than thirty (30) days,
 claiming that the merger would damage their rights and 
interests.
 
If the regional fishermen associations do not make the 
proclamation pursuant to the period and contents as stipulated 
in paragraph 3, or do not proclaim to the creditors pursuant to 
the period, approach and contents as stipulated in the preceding 
paragraph, or fails to satisfy, or provide an appropriate 
security interest for the claims of the creditors raising 
objection within specified period, the merger of the regional 
fishermen associations shall not be valid against such 
creditors.
 
Article 14-3
When regional fishermen associations apply to the competent 
authority of municipal city or county (city) for merger pursuant 
to Article 14-1, paragraph 1 , they shall submit the following 
documents:
(1) Merger plan and contract.
(2) Minutes of general members (representatives) meeting of the 
regional fishermen associations.
(3) Contents of the resolution on merger, the items to be 
clearly stated in the merger contract, evidence proving that 
proclamation has been made pursuant to paragraph 3 and 4 of 
preceding article, and disposal on the proclamation and 
objection.
(4) Scroll of members.
(5) Balance sheets, income statement and details, retained 
earnings statement, cash flow statement and pro forma 
consolidated financial statement, which are audited and 
certified by a certified public accountant.
(6) Other documents as required by the competent authority of 
municipal city or county (city).
 
Article 14-4
The regional fishermen association surviving or newly 
incorporated by merger shall take the rights and obligations of 
the regional fishermen association(s) distinguished by merger. 
The members of the regional fishermen association(s) 
distinguished by merger shall be the members of the regional 
fishermen association surviving or newly incorporated by merger.
 
Article 14-5
The regional fishermen association surviving or newly 
incorporated by merger shall apply to the competent authority of
 municipal city or county (city) for the registration of 
establishment or change. The competent authority of municipal 
city or county (city) shall simultaneously abolish the 
registration of the regional fishermen association(s) 
distinguished by merger
 
Article 14-6
When a regional fishermen association surviving or newly 
incorporated by merger applies for amendment or transfer 
registration of the real estate owned by the regional fishermen
 association(s) distinguished by merger, its/their movable 
properties that required registration, intellectual property 
rights, and all encumbrance, it may directly process the 
registration by the merger approval documents issued by the 
competent authorities, without paying registration fees, the 
stamp tax and deed tax incurred by the merger in the following 
manners:
(1) The securities transaction tax of the transferred securities
 shall be exempted.
(2) The transferred goods or services may not be included in the
 items for the levy of business tax.
(3) If the land owned by the regional fishermen association(s) 
distinguished by merger is transferred, after the present value 
of the land is decided upon examination pursuant to the Land Tax 
Act, the registration for transfer of the title to the land 
shall be effected, and the payable land value increment tax may 
be deferred and paid by the regional fishermen association 
surviving or newly incorporated by merger until the land is 
transferred again. Upon bankruptcy or dissolution, the deferred 
land value increment tax shall be paid on a priority basis.
(4) Where the land assumed by the regional fishermen 
association(s) distinguished by merger pursuant to Article 33 of
 the Agriculture Finance Act, which is mutatis mutandis applied 
from Article 76 of the Banking Act, is transferred to the 
regional fishermen association surviving or newly incorporated 
by merger, the land value increment tax shall be exempted.
(5) The goodwill generated by the merger may be amortized within 
fifteen (15) years for the declaration of income tax.
(6) The expense incurred by the merger may be amortized within 
ten (10) years for the declaration of income tax.
(7) The losses from sale of non-performing loans incurred by the 
merger may be amortized within fifteen (15) years for the 
declaration of income tax.
 
For the reorganization of the Taiwan Provincial Fishermen 
Association as the National Fishermen Association, the 
registration fee and the related taxes shall be exempted 
pursuant to the preceding paragraph.
 
Chapter 4  Members 
Article 15
Any national of the Republic of China attaining the age of 
twenty (20) 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 followwhen 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 less than twenty (20) 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 twenty 
(20) 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 affliated again 
starting from the date he/she moved back.
 
Chapter 5  Staff
Article 20
A fishermen association shall have directors and supervisors so 
as to form board of directors and supervisors respectively. The 
directors and supervisors shall be elected by the members 
(representatives) with the following allocated numbers:
(1) Nine (9) to fifty (15) directors for each regional fishermen
 association.
(2) Fifty (15) to twenty-one (21) directors for the National 
Fishermen Association.
(3) The number of supervisors shall not exceed one-third of the 
number of directors of the same fishermen association.
(4) A fishermen association shall have alternate directors and 
supervisors, which number shall not exceed one-second of the 
numbers of directors and supervisors respectively.
 
At least two-third of a fishermen association’s directors and 
supervisors shall be members of category A. 
 
A chair of board of directors and a standing supervisor shall 
be elected by and from the directors and supervisors of the 
fishermen association respectively. 
 
A director or supervisor of the superior fishermen association 
shall not serve concurrently as a director or supervisor of a 
subordinate fishermen association.
 
Article 21
The candidates of directors or supervisors of a fishermen 
association shall be limited to members of the regional 
fishermen association. The candidates of directors or 
supervisors of the superior fishermen association are not 
limited to those representatives of the subordinate fishermen
 associations, participating in meetings of the superior 
fishermen association. The fishermen association shall conduct 
candidacy registration before the election of directors and 
supervisors. Any unregistered person shall not join the election 
campaign.
 
Article 21-1
Any member of fishermen association meeting the following 
requirements may register candidacy for election of directors or 
supervisors:
(1) Attaining membership for two years or more.
(2) Graduated from a junior high school, or graduated from an 
elementary school and served as director, supervisor, member
representative, secretary general, chief or deputy chief of the
fishermen task force for one (1) term or more.
(3) Having engaged in fisheries and meeting the qualifications
 set forth by the central competent authority. 
 
The procedures for the identification and the screening of 
qualifications of directors and supervisors candidates as 
referred to in sub-paragraph (3) of the preceding paragraph for 
having engaged in fisheries, as well as other requirements to be 
complied, shall be prescribed by the central competent 
authority.
 
Article 21-2
A member of fishermen association with one of the following 
situations shall not register as a candidate for the election of 
director or supervisor; if registered or elected, it shall be 
revoked or nullified.
(1) Where a person has outstanding debts to a fishermen 
association, including barrowed belongings, unpaid membership 
dues, business capital, fisheries promotion fund; or having 
borrowed loans from a fishermen association or other financial 
organizations (since January 1, 2001), leaving a record of 
unpaid principal and interest for one (1) year or more; or, 
having unpaid overdue guaranteed liabilities to a fishermen 
association, and failed to discharge after notification for more
 than one year.
(2) Where a person has one of the situations as referred to in 
Article 16-1, sub-paragraph (2) to (8).
(3) Where a person has been discharged from position due to 
conviction of a crime during the service as an elected personnel
 or an employee of a fishermen association within the last four 
(4) years.
(4) Where a person was the legal representative of a bankrupted
 judicial person when declared within the last five (5) years.
 
Article 22
A director or supervisor of a fishermen association shall serve 
on a non-salaried basis and shall neither serve concurrently as 
an employee of a fishermen association, chief or deputy chief of
 a fishermen task force, or serve in any position of group or 
enterprise competing with the fishermen association, nor invest 
in and operate profit-seeking enterprise competing with the 
fishermen association.
 
Article 23
The tenure of a director or supervisor of a fishermen 
association is four (4) years, and he/she is eligible for one
 (1) re-election. Despite that, those who hold office 
consecutively shall not exceed one-second of the total number 
of directors and supervisors.
 
After the completion of re-election of directors and supervisors
 due to expiry of a term of tenure, the fishermen association 
shall submit the curriculum vitae of directors and supervisors, 
and the updated scroll of members to the competent authorities 
for perusal.  
 
Article 23-1
The election of elected personnel of a fishermen association 
shall be held and completed at least thirty (30) days prior to 
expiry of tenure, or on the date designated by the competent 
authorities. 
 
The elected personnel of a fishermen association shall take 
office on the specified date as required. The elected personnel 
resulting from a renewed or supplemental election, and those who 
somehow fail to complete election and take office by the required
 deadline, shall still have their tenure commencing from the 
specified date as required.
 
Upon the amendment of the Act on November 13, 2012 becoming 
effective, the tenure of the eighteenth term of elected 
personnel of the Kinmen Fishermen’s Association, who were 
elected in October 2012, shall expire in March 2017, and the 
tenure of the tenth term of elected personnel of the Kaohsiung 
Fishermen’s Association, who were elected in August 2012, shall 
expire in March 2017.
 
Article 24
A fishermen task force shall have one chief and one deputy chief,
 who shall be elected by members with tenure of four (4) years 
and are eligible for re-election. In the chief’s absence, the 
deputy chief shall take the office until the tenure of the 
original chief expires.
 
A member of fishermen association, who attains membership for 
six (6) months or more, may register as a candidate for chief or 
deputy chief of the fishermen task force. Despite that, any 
person has any situation as referred to in Article 16-1, may not
 register; if he/she is registered, the registration shall be 
revoked or nullified.
 
The registration for the election of chief or deputy chief of 
the fishermen task force shall be convened prior to the 
election, and any person shall not join the election campaign 
without registration.
 
Article 24-1
When a fishermen association holds two or more elections for the 
position of elected personnel simultaneously, any person who 
registers as a candidate, can only register his/her candidacy 
for one election, and those candidacy registration for two or 
more elections simultaneously shall be null and void. 
 
Any registered candidate may not withdraw his/her candidacy 
registration after the deadline for registration is due. Any 
person withdrawing his/her candidacy registration prior to the 
deadline for registration, shall not re-apply for the same 
candidacy registration.
 
Article 25
Any elected personnel of a fishermen association, who violated 
laws and regulations or the charter, or committed any behavior 
that jeopardized rights, interests, or reputation of the 
fishermen association, may be recalled by the resolution of 
general members (representatives) meeting.
 
Article 26
A fishermen association shall place one secretary general, who 
shall be appointed by the board of directors from the qualified 
candidates selected by the central or municipal competent 
authority.
 
The appointment of a secretary general shall be made within 
sixty (60) days after the establishment of a new board of 
directors. In the event that a secretary general has not been 
appointed by deadline, the superior fishermen association may 
appoint a qualified person to act in place. The secretary 
general of the national fishermen association or provincial 
(municipal) fishermen association may be appointed from 
qualified person by the central competent authority to act in 
place, until a new secretary general is duly appointed. 
 
The appointment of a secretary general of a fishermen 
association shall be made in resolution adopted by one-second or 
more of the total directors, while the discharge shall be made 
in resolution adopted by two-third or more of the total .
directors.
 
Article 26-1
A national of the Republic of China meeting the following 
requirements may register as a candidate for the secretary 
general of a fishermen association:
(1) The secretary general of the National Fishermen Association 
shall have one of the following qualifications: 
i. Graduated from a university, independent college or with a 
higher education degree, or qualified by a senior civil service 
examination, and having served with a fisheries or fisheries 
related agency, school, financial organization, or fishermen 
organization in a position equivalent to recommended appointment 
for three (3) years or more.
ii. Graduated from a junior college or with a higher education 
degree, and having served with a fisheries or fisheries related 
agency, school, financial organization, or fishermen
organization in a position equivalent to recommended appointment
for five (5) years or more.
iii. Graduated from a senior high or senior vocational school, 
or qualified by a general civil service examination, and having 
served with a fisheries or fisheries related agency, school, 
financial organization, or fishermen organization in a position
 equivalent to recommended appointment for seven (7) years or 
more.
(2) A secretary general of a regional fishermen association 
shall have one of the following qualifications:
i. Graduated from a university, independent college or with a 
higher education degree, or qualified by a senior civil service 
examination, and having served with a fisheries or fisheries 
related agency, school, financial organization, or fishermen 
organization in a position equivalent to ordinary appointment 
for two (2) years or more.
ii. Graduated from a junior college or with a higher education
 degree, and having served with a fisheries or fisheries related 
agency, school, financial organization, or fishermen 
organization in a position equivalent to ordinary appointment
 for four (4) years or more.
iii. Graduated from a senior high or senior vocational school,
 or qualified by a general civil service examination, and having 
served with a fisheries or fisheries related agency, school, 
financial organization, or fishermen organization in a position 
equivalent to ordinary appointment for six (6) years or more.
(3) Any new secretary general of a fishermen association at any
 level shall not be older than fifty-five (55) years old at the
 time of appointment.
 
An incumbent secretary general may be exempted from the 
requirements of preceding paragraph. Despite that, any person 
who shall retire within one year of next tenure due to the 
restriction of age, shall not register as a candidate for the 
secretary general.
 
After qualified by the central competent authority, in case that
 any candidate for secretary general was found not meeting any 
of the requirements as stipulated in paragraph 1 before the 
appointment, the central competent authority shall revoke 
his/her qualification, and so shall be the appointment if 
appointed.
 
Article 26-2
A person with one of the following situations shall not register
 as a candidate for secretary general of a fishermen association;
 if registered or appointed, it shall be revoked or nullified.
(1) Where a person does not have the nationality of the 
Republic of China.
(2) Where a person has outstanding debts to the fishermen 
association, including barrowed belongings, unpaid membership 
dues, business capital, fisheries promoting fund; or having 
borrowed loans form fishermen association or other financial 
organizations (since January 1, 2001), leaving a record of 
unpaid principal and interest for one (1) year or more; or, 
having unpaid overdue guaranteed liabilities to a fishermen 
association, and failed to discharge after notification for 
more than one year.
(3) Where a person has one of the situations as referred to in 
Article 16-1, sub-paragraph (3) to (8).
(4) Where a person has one of the situations as referred to in 
Article 17, sub-paragraph (1) to (3) of.
(5) Where a person has been discharged from position due to 
conviction of a crime during the service as an elected personnel
 or an employee of a fishermen association.
(6) Where a person was the legal representative of a 
bankrupted judicial person when declared within the last five 
(5) years.
 
Article 26-3
The secretary general of a fishermen association shall, within 
ten (10) days of his/her appointment, submit a letter of 
guaranty signed by at least two (2) guarantors in possession of 
real estate, or a fidelity bond insurance policy, to the 
fishermen association for guarantee. 
 
The amount of real estate or insurance as referred to in the 
preceding paragraph shall be prescribed by the central competent 
authority.
 
Article 27
The employees other than the secretary general of a fishermen 
association shall be recruited by the secretary general from 
those qualified by the joint examinations of fishermen 
associations, and shall be subject to instruction and 
supervision by the secretary general.
 
The employees as referred to in the preceding paragraph shall be 
examined and trained jointly by the National Fishermen 
Association under the supervision of the central competent 
authority.
 
Article 28 (Deleted)
 
Article 29
The secretary general and other employees of a fishermen 
association shall serve on a full-time basis, and shall not 
concurrently operate any other industrial or commercial 
business, or serve any other salaried position for a public or
 private organization, or serve as legislator/councilor at any 
level. If any aforementioned staff runs election campaign and 
being elected as public servant, the inauguration to public 
servant shall be considered as resignation from the fishermen 
association, and the person concerned shall be dismissed.
 
Article 29-1
The spouses, relatives by blood within two generations or 
relatives by marriage within one generation, shall not serve at 
the same time as the chair of board of directors, standing 
supervisor or secretary general at the same fishermen 
association.
 
In the event of any of the situations as referred to in the 
preceding paragraph, the election, appointment or employment of 
the latter one shall be null and void.
 
Chapter 6 Division of Powers and Responsibilities
Article 30
The general members (representatives) meeting shall be the body 
of the supreme power of a fishermen association. During its 
recess, the board of directors shall design and plan the 
association’s business operations in accordance with resolutions
 adopted by general members (representatives) meeting, while the 
board of supervisors shall control and monitor the association’s 
business operations and finance.
 
Article 31
The members (representatives), directors and supervisors of a 
fishermen association shall exercise their powers only during a 
meeting.
 
Article 32
When the members (representatives), directors and supervisors of 
a fishermen association attend a statutory meeting, each person 
is entitled to one (1) vote. If a resolution adopted in the 
meeting is found violating Acts or the charter of the fishermen 
association, and thus resulting in any damage to the fishermen 
association, they shall be subject to indemnity. Despite that, 
those who make an objection during the voting procedure and 
recorded in the minutes shall be exempted from the 
responsibilities.
 
Any voting on major issues adopted in the meeting of a fishermen 
association shall be recorded in writing with name.
 
Article 33
The secretary general of a fishermen association shall carry out 
duties in accordance with the resolutions adopted by the board 
of directors, and shall be responsible to the board of 
directors.
 
Article 34
When a secretary general of a fishermen association carries out 
duties, in the event of violating Acts or the charter of 
fishermen association and thus resulting in any damage to the 
fishermen association, he/she shall be subject to indemnity.
 
In the event of any damage to the properties received by or in 
the
 custody of a fishermen association due to any cause other than
force majeure, the secretary general and other employee(s)
 concerned shall be subject to joint liability of indemnity.
 
Chapter 7 Meetings
Article 35
The general members (representatives) meetings, which include 
regular meeting and extraordinary meeting, shall be convened by 
the chair of the board of directors.
 
The regular meetings of fishermen associations at all levels 
shall be held once per year. An extraordinary meeting shall be 
convened at the request made by one-third or more of the members 
(representatives), or when considered necessary by the board of 
directors.
 
In case that the chair of board of directors fails to convene the 
extraordinary meeting within ten(10) days following the request 
as referred to in the preceding Paragraph, those who originally 
proposed the meeting may apply to the competent authorities for 
an order to convene the meeting.
 
A regional fishermen association, in consideration of difficulty
 in convening a general members meeting due to the huge number 
of members, may hold general representatives meeting to exercise 
the duties and rights of the general members meeting, and those 
representatives shall be elected by members among the designated 
districts by election.
 
Article 36
The board of directors and supervisors meeting of a fishermen 
association shall be convened by the chair of board of directors 
and standing supervisors respectively, who shall serve as the 
chair of the meeting. The number of meetings to be convened 
shall be provided in the charter of fishermen association.
 
Article 37
A fishermen task force shall hold its meeting at least once per 
year, which shall be convened and chaired by the chief of the 
task force.
 
Article 38
The general members(representatives) meeting and the meetings of
 the board of directors or supervisors of a fishermen association 
shall, unless otherwise provided in this Act, have a quorum of 
one-second of the members, and any resolution shall be adopted 
with the endorsement of at least one-second majority of the 
members actually present.
 
The meetings as referred to in the preceding paragraph, except 
for the meeting for the appointment of a secretary general, may 
be convened at the second convention if a quorum of one-third of 
the members is reached. Despite that, the exception does not 
apply if the number of required attendants is less than three 
(3).
 
Article 39
For the following issues, resolutions shall be adopted by a 
two-thirds majority of the attendants actually present in a 
general members(representatives) meeting, with a quorum of 
two-thirds of the total members(representatives) of a fishermen
 association:
(1) Adoption or revision of the charter,
(2) Penalty against members.
(3) Recall of elected personnel;
(4) Fund-raising;
(5) Disposal of properties;
(6) Other major issues related to the rights and obligations of 
members.
 
Chapter 8 Funds
Article 40
The funds of a fishermen association shall include the 
followings:
(1) Enrolment fees: To be paid by members in lump sum upon 
affiliation in accordance with the standard adopted by the 
general members (representatives) meeting and approved by the 
competent authorities.
(2) Annual membership dues: To be paid by members annually in 
accordance with the standard adopted by the general members 
(representatives) meeting and approved by the competent 
authorities. Despite that, twenty percent of the annual 
membership dues of the subordinate fishermen associations shall
 be contributed to the superior fishermen association. 
(3) Business capital: Exclusively for use of operating 
businesses, with the rules and regulations for fund-raising and 
application to be adopted by the general members 
(representatives) meeting and recorded by the competent 
authorities.
(4) Fisheries improvement and promotion funds: Exclusive for the
 use of fisheries guidance and improvement, to be paid by
fishing vessel owners and fish farm owners, by year or by
fishing season. For those fishermen associations with exclusive
fishing rights, they may charge from the members who have the
rights of exclusive fishing. The standards and rules for fee
collection shall be adopted by the general members
(representatives) meeting and approved by the competent
authorities.
(5) Allocation fund from the agricultural financial 
organization: Any publicly-operated agricultural financial 
organization shall annually appropriate at least four (4) 
percent of its net profit, as fund for guidance and promotion 
business of fishermen associations at any level. 
(6) Allocation fund from the profit made by business: Subject to
 final income statement of business of the fishermen
associations.
(7) Government subsidies: The central and local competent 
authorities shall draw up budget for the subsidies to the 
business operations of fishermen associations.
(8) Other revenues.
 
Article 41
The accounting of each business of a fishermen association shall
 be separate independently, and the annual budget and final 
statement shall be reported to the general members 
(representatives) meeting, as well as to the competent 
authorities for perusal.
 
Article 42
Following the annual final account, the profits of each kind of 
business, after deducted those to make up accumulated deficits 
and allocate as reserve fund for each business, shall be 
appropriated as the overall profits of the fishermen 
association. The overall profits of a fishermen association 
shall be allocated pursuant to the following provisions:
(1) Fifteen (15) percent as legal reserves, which shall not be 
allocated. 
(2) Five (5) percent as public welfare reserves, which can only
 be used with the approval of the competent authority.
(3) The funds for fisheries improvement, promotion, training and 
culture, and welfare business shall not be less than sixty-two
 (62) percent.
(4) Eight (8) percent as funds for joint training and mutual 
aid. 
(5) Remunerations for directors, supervisors and staff of a 
fishermen association shall not exceed ten (10) percent.
 
The rules and regulations governing the custody and application 
of the legal reserves as referred to in sub-paragraph (1) of the
 preceding paragraph, public welfare reserves as referred to in 
sub-paragraph (2), and the funds as referred to in sub-paragraph 
(4), shall be prescribed by the central competent authority. 
 
The ratio of the profits made from each business to be 
appropriated as reserves as referred to in paragraph 1 shall be 
prescribed by the central competent authority together with the 
central competent authority of the target business.
 
Article 43 (Deleted) 
 
Chapter 9 Supervision
Article 44
In the event that any fishermen association neglects its duties, 
offends public interests or trespasses the scope of its duties, 
the competent authorities may issue a warming to it.
 
Article 45
In the event that any of the resolution adopted by a fishermen 
association violates laws and regulations, offends public 
interests or trespasses its tenets or duties, the competent 
authorities may issue a warming again, or revoke its resolution.
 
Article 46
In the event that a fishermen association trespasses its tenets 
or duties in a significant manner, the competent authorities may
 dismiss the association or abolish its registration. A 
fishermen association shall be re-organized soon after being 
dismissed or its registration being abolished.
 
Article 47
Any action taken by the subordinate competent authority pursuant
 Article 45 or 46 shall be approved by the superior competent 
authority.
 
Article 48
In the event of a fishermen association neglecting its works or 
having any other major incident, if deemed necessary, the 
competent authority may, upon approval of the superior competent
 authority, suspend the powers of the member representatives, 
directors and supervisors, and re-adjust the association. Once 
the re-adjustment is completed, the association shall conduct 
re-election immediately pursuant to the rules and regulations 
prescribed by the central competent authority.
 
Article 49
In the event that any director, supervisor or secretary general 
of a fishermen association is found violating laws and 
regulations or the charter and thus jeopardized the interests of
 the association, the competent authority may suspend his/her 
power or discharge his/her position with the approval of 
superior competent authority, or the superior competent 
authority may also take such action directly.
 
Article 49-1
Any elected personnel or employee of a fishermen association, 
who has been detained or issued a circular order to arrest for a 
criminal case, shall be suspended from his/her powers.
 
Any elected personnel or employee of a fishermen association 
convicted with imprisonment or more shall be discharged from 
his/her position. Despite that, those who has been pronounced 
with probation, or has been convicted with imprisonment for 
six (6) months and under that may be commuted to a fine, shall
 be exempted from this provision.
 
Any elected personnel or employee of a fishermen association 
who, prior to enforcement of this revised Article, has been 
suspended from his/her powers in accordance with the pre-revised 
provisions, shall be applicable to the provisions of the newly 
revised version.
 
Those who have been suspended from the powers in accordance with 
the provisions of paragraph 1, in the event that the detention 
has been suspended or the circular to arrest has been cancelled, 
may apply for resumption of their powers if their tenures of 
office have not expired. 
 
Any elected personnel or employee of a fishermen association, 
who loses his/her qualification to be elected or appointed 
during the service, shall be discharged from the position by the 
competent authorities or the superior competent authorities.
 
Article 50
When a fishermen association is dismissed, the competent 
authorities shall assign a liquidator empowered to exercise 
liquidation on behalf of the fishermen association.
 
When a fishermen association is declared bankrupt, the 
depositors of the credit department shall be entitled to take 
priority in making a claim to the assets of the credit 
department as compensation.
 
Article 50-1
Any person committing any of the following behaviors in a 
election of a fishermen association shall be subject to 
imprisonment of three (3) years and under; in addition thereto,
 a fine of thirtythousand New Taiwan dollars and under may be 
imposed: 
(1) Any person having the right to vote demands, agrees to 
accept, or accepts property or other improper benefits for 
refraining from exercising his right to vote or for exercising 
such right in a particular manner
(2) Any person promises, offers, or gives property or other 
improper benefits to a person having the right to vote for 
refraining from exercising the right to vote or for exercising
 such right in a particular manner.
(3) Any person promises, offers, or gives property or other 
improper benefits to a candidate for giving up the election 
campaign or for engaging in campaign in a particular manner.
(4) Any candidate demands, agrees to accept, or accepts 
property or other improper benefits for giving up the election 
campaign or for engaging in campaign in a particular manner.
 
Any property received through the commission of an offense 
specified in the preceding paragraph shall be confiscated; 
if the whole or a part of such property cannot be confiscated, 
the value thereof shall be collected from the offender.
 
Article 50-2
Any person committing any of the following behaviors in the 
appointment of the secretary general of a fishermen association 
starting from the date for the candidacy registration for 
election of directors shall be subject to imprisonment of three 
(3) years and under; in addition thereto, a fine of up to thirty 
thousand New Taiwan dollars may be imposed:
(1) Any director or director candidate demands, agrees to 
accept, or accepts property or other improper benefits for 
promising to appoint or not to appoint.
(2) Any person promises, offers, or gives property or other 
improper benefits to a director or director candidate for 
promising to appoint or not to appoint.
(3) Any person promises, offers, or gives property or other 
improper benefits to a qualified candidate for appointment as 
secretary general for declining the appointment.
(4) Any qualified candidate for appointment as secretary 
general demands, agrees to accept, or accepts property or other
 improper benefits for promising to decline the appointment.
 
Any person who prepares to commit an offense specified in the 
preceding paragraph  shall be subject to imprisonment of one (1)
 year and under. Any person who has committed an offense 
specified in the paragraph 1 or 2, the property used or planned
 to promise, offer, give or receive for the commitment of such 
offense shall be confiscated regardless of the ownership; if the
 whole or a part of such property cannot be confiscated, the 
value thereof shall be collected from the offender.
 
Article 50-3
Any person who by threat, violence or other illegal methods 
interferes with another in election campaign, causes another to 
give up election campaign, or interferes with another in the
free exercises of his/her right to vote, shall be subject to 
imprisonment of five (5) years and under; in addition thereto, a 
fine of fifty thousand and under New Taiwan dollars may be 
imposed.
 
Any person who by threat, violence, or other illegal methods 
interferes with the registration, selection or appointment of a 
secretary general shall be subject to the same punishment.
 
An attempt to commit an offense specified in the preceding two 
paragraphs is punishable.
 
Article 50-4
Any candidate who committed any crime as referred to in Article 
50-1, paragraph 1 or paragraph 1 of the preceding Article shall 
be abolished his/her candidacy; if elected, the election shall 
be null and void.
 
Any qualified candidate for appointment as a secretary general 
who committed any crime as referred to in Article 50-2, 
paragraph 1 of or paragraph 2 of the preceding Article shall be 
abolished his/her qualification of candidate; if appointed, the 
appointment shall be null and void.
 
Any person who has committed any crime as referred to in Article 
50-1, paragraph 1, Article 50-2, paragraph 1, or Article 50-3 
shall not be allowed to be a candidate for any election of a 
fishermen association or for the appointment as secretary 
general.
 
Any offender as referred to in the preceding three paragraphs 
with the proviso as referred to in Article 49-1, paragraph 2 
shall be exempted from the provisions of this Article.
 
Article 50-5 (Deleted)
 
Chapter 10 Supplementary Provisions
Article 51 (Deleted)
 
Article 51-1
To the procedures of litigation resulting from an election or 
recall matter of a fishermen association and the procedures 
regarding the appointment and discharge of a fishermen 
association’s secretary general, except those cases involving 
provisional injunction, the Code of Civil Procedure shall 
mutatis mutandis apply.
 
Article 51-2
The rules and regulations governing the management of personnel, 
the disposal of financial affairs, the appointment of secretary 
general, the election and recall, and the performance 
evaluation, shall be prescribed by the central competent 
authority with the following contents and ranges:
(1) Rules and regulations governing the management of 
personnel: Personnel appraisal, authorized number of staff, 
ranks and required appointment or employment qualifications, 
salaries, inauguration, severance, performance evaluation and 
rewards/penalty, lay-off, retirement, indemnity and services, 
and other matters to be followed.
(2) Rules and regulations governing the disposal of financial 
affairs: Accounting, budget and final account planning and
review, property management, examination on financial affairs,
power and obligation of accountants, and other matters to be
followed.
(3) Rules and regulations governing the appointment of
secretary general: Candidacy registration, qualifications
review, appointment procedures, review items and grading
standard, and other matters to be followed.
(4) Rules and regulations governing elections and recall: 
Categories of elections and recall, candidacy registration, 
qualifications review procedures, voting and ballot counting, 
election results and the essential for recall establishment, and 
other matters to be followed.
(5) Rules and regulations governing performance evaluation: 
evaluation items, grading standard, accomplishment review and 
judgment, rewards/penalty, and other matters to be followed.
 
Article 52
The enforcement rules of this Act shall be prescribed by the 
central competent authority.
 
Article 53
This Act shall become effective on the date of promulgation.
 
The articles of this Act amended on May 5, 2009 shall become 
effective on November 23, 2009.