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法規名稱(Title) Fisheries Act Ch
公發布日(Date) 2016.07.20
法規沿革(Legislative) The full text of 49 Articles promulgated by the Nationalist
Government on November 11, 1929, which became effective from
July 1, 1930.

Article 2, Article 3, Article 18, Article 19, Article 34,
Article 38, Article 39, and Article 47 amended and promulgated
by the Nationalist Government on August 05, 1932.

The full text of 65 Articles amended and promulgated by the
President on April 30, 1970.

Article 2 amended and promulgated by the President on January
06, 1986.

Amended and promulgated on February 1, 1991 by Presidential
Order Hua-Tsung (1) Yi-Tzu No. 0670.

Article 2, Article 45, Article 48 and Article 69 amended and
promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu No.
09100120990 on June 19, 2002.

Article 7-1 and Article 53-1 added, Article 8 amended and
promulgated by Presidential Order Hua-Tsung (1) Yi-Tzu No.
09100243580 on December 18, 2002.

Article 41 amended and promulgated by Presidential Order
Hua-Tsung (1) Yi-Tzu No. 09700002351 on January 09, 2008.

Article 11-1 and Article 64-1 added, Article 64 amended and
promulgated by Presidential Order Hua-Tsung (1) No. 10100264231
on November 28, 2012.

Article 69-1 added and promulgated by Presidential Order
Hua-Tsung (1) No. 10200088111 on May 8, 2013.

Article 39-1, Article 41-1, Article 41-2 and Article 64-2 added,
and Article 41, Article 43, Article 44, Article 60, Article 64
and Article 65 amended and promulgated by Presidential Order
Hua-Tsung (1) No. 10200156101 on August 21, 2013.

Article 69-2 added and promulgated by Presidential Order
Hua-Tsung (1) No. 10400013341 on 4 February 2015.
Article 40-1, Article 40-2, Article 63-1 and Article 63-2 added,
and Article 57 and Article 68 amended and promulgated by
Presidential Order Hua-Tsung (1) No. 10400075341 on 1 July 2015.

Article 39, 40 to 40-2, 47, 63-1, 63-2, and 67 deleted; and
Article 7-1, 49, 61, 68, and 71 amended and promulgated by
Presidential Order Hua-Tsung (1) No. 10500078581 on 20 July
2016.
法規內文(Content)
Chapter 1  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 the orderly operation of the fisheries, 
and to improve the livelihood of fishermen. Matters not covered
 by this Act shall be governed by the provisions of other acts
 and regulations.
 
Article 2
For the purpose of 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
For the purpose of this Act, the term “fishery” or “fisheries”
 means the industries of catching/harvesting, or of cultivating 
aquatic organisms, as well as the associated industries of 
processing, transportation, and marketing.
 
Article 4
For the purpose of this Act, the term “fishery operator” means 
the fishing right holders, the fisheries access privilege
holders, or any other persons who engage in fisheries operation
in accordance with the provisions of this Act.
 
For the purpose of this Act, the term “fishery employee” means 
any crew members of fishing vessels or 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. However, such limit is not applicable to any foreign 
national approved by the central competent authority to operate 
fisheries by means of cooperation with any fishery operator of 
the Republic of China.
 
Article 6
Any person who intends 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 may collect fees from applicants for the
 issuance of fishing licenses. The guidelines of granting 
license and the amount of the fees shall be prescribed by the 
central competent authority.
 
Article 7-1
The competent authorities shall not issue fishing licenses in 
the event that any of the following circumstances occurs:
(1) Any fishery operator whose fishing license has been revoked 
or abolished by the competent authority in accordance with this 
Act or the Act for Distant Water Fisheries.
(2) Any vessel that is forfeited or confiscated.
(3) Any vessel that is imported without permission from the 
competent authority.
(4) Any fishery operator who is presently restrained or 
suspended the right to operate any fishery in accordance with 
Article 10 of this Act.
(5) Any fishery operator whose fishing license is under the 
administrative disposition of suspension in accordance with this 
Act or the Act for Distant Water Fisheries.
(6) Any fishery operator who has not paid the fine in 
accordance with this Act or the Act for Distant Water Fisheries.
(7) Any fishing vessel whose previous fishery operator 
violates this Act or the Act for Distant Water Fisheries before 
the alteration of vessel ownership takes place, but who has not
 yet been imposed punishment by the competent authorities.
 
Article 8
The building, modification, or chartering of any fishing vessel 
used by a fishery operator for the fishery operation shall 
obtain permission from the competent authority.
 
The exportation or importation of any fishing vessel shall 
obtain permission from the competent authority before being 
processed 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, modification or 
chartering of any fishing vessel as referred to in paragraph 1, 
and the rights of exportation and importation as referred to 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 render 
administrative disposition of suspending his/her 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 employee who violates this Act or any other 
regulations promulgated pursuant to this Act, the central 
competent authority may suspend the Certificate of Fishing 
Vessel Officer or Fishing Vessel Crew Identification for not 
more than one year. Where the violation is considered gross, the
 central competent authority may revoke the Certificate of 
Fishing Vessel Officer 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/her fishery operation for more
 than one year as from the date of approval was given, or who 
suspends his/her 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 national of the Republic of China loses his 
nationality of the Republic of China.
(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. When the suspension 
ceases, the operator shall report the resumption of fishery 
operation to the competent authority for perusal. Any unreported 
case shall be considered as not resumed.
 
Article 11-1
Any fishery operator’s fishing vessel whose fishing license or 
approval of fishery operation has been revoked, shall not leave 
port, except those have re-applied and been granted for fishing 
license by the competent authorities. 
 
Any fishery operator’s fishing vessel, whose fishing license has 
been suspended or the right to operate fishery has been 
restrained or suspended, shall not leave port during the period 
of such administrative disposition. 
 
Where any fishing vessel has left port before the punishment 
imposed by the central competent authority pursuant to Article 
10, paragraph 1 or Article 11, paragraph 1, or leaving port in 
violation of the provisions of the preceding two Paragraphs, the 
central competent authority shall command the vessel to return 
to port within the designated time limit.
 
Where any fishing vessel leaving port in violation of the 
provisions of paragraph 1 or 2, the central competent authority 
may commission the authority of Coast Guard to take appropriate 
measures to prevent the vessel from leaving port or command it 
to return to port immediately; In case of any resistance, the 
authority may take compulsory measures.
 
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 regulations on the 
management of crew members of fishing vessels.
 
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 adopt and promulgate regulations on the facilities 
of fishing grounds, methods of catching, harvesting and 
cultivating, as well as on fishing gears and any other matters 
as deemed necessary.
 
Chapter 2  Fishing Right Fishery
Article 15
For the purpose of this Act, the term “fishing right” means any
 of the following rights:
(1) Set net fishing right: the right to set up underwater rocky
 cliffs, build fences or 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.
(3) Exclusive fishing right: the right to use a specific water 
area to form a fishing ground for fisheries access privilege 
holders to operate one of the following fisheries:
(a) Catching or harvesting aquatic organisms.
(b) Aquaculture.
(c) Catching or harvesting aquatic animals with anchored fishing
 gears 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 as 
referred to in the preceding paragraph.
 
Article 16
For the purpose of this Act, the term “fisheries access 
privilege” means the right to operate fishery within the area of
 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 accept applications for fishing rights.
 
The programs as referred to in the preceding paragraph may be 
revised according to practical needs, and the revision shall be 
promulgated.
 
Article 18
Set net and demarcated fishing rights shall be granted in 
accordance with the following order of priority:
(1) Any fishery operator or fishery employee whose household 
registered in the township/town /city /district where the 
fishing ground is located.
(2) Any fishermen’s association or fishery production 
cooperative registered in the township /town /city /district 
where the fishing ground is located.
(3) Any fishery operator or fishery employee whose household 
registered in the municipality /county /city where the fishing 
ground is located.
(4) Any fishermen’s association or fishery production 
cooperative registered in the municipality/county/city where the
 fishing ground is located.
(5) Any non-fishery operator or non-fishery employee whose 
household registered in township town/city/district where the 
fishing ground is located.
(6) Any non-fishery operator or non-fishery employee whose
 household registered in municipality/county/city where the 
fishing ground is located.
(7) Any fishery operator or fishery employee whose household
 registered in other municipalities/counties/cities.
(8) Any non-fishery operator or non-fishery employee whose
 household registered in other municipalities/counties/cities.
 
Any fishery operator applying for continuous operation before
the expiration of his fishing right shall not be subject to
limit of the order of priority as referred to in the preceding 
paragraph.
 
Article 19
Any fishermen’s association or fishery production cooperative 
approved to operate exclusive fishing right shall draft rules on
 fisheries access and report to the competent authority for 
approval.
 
Fisheries access undertaken by any non-member of fishermen’s 
association or fishery production cooperative shall be concluded
 by a contract separately.
 
Article 20
The fishing right shall be considered as a right in rem. Except 
as this Act otherwise provides, the provisions of the rights in
 rem of real property in the Civil Code shall, mutatis mutandis, 
apply.
 
Article 21
The creation, acquirement, alternation, and loss of fishing 
right will not effect until the recordation has been made.
 
In rendering administrative disposition 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 administrative disposition to the respective 
fishing right.
 
In processing the registration of fishing rights, the competent 
authority may charge the applicant registration fees. The 
regulations on registration and the amount of fees shall be 
prescribed by the central competent authority.
 
Article 22
In matters regarding to fishing rights whose jurisdiction
residing in court for the place where the real property is
located, the place where the real property is located should
be the municipality or city/county whose coast closest to the
fishing ground.
 
Article 23
Exclusive fishing right shall not be the subject of any other 
rights or juridical acts other than entitling the holders to 
have fisheries access.
 
Article 24
Set net fishing right and demarcated fishing right shall not be 
the subject of any other rights or juridical acts except for 
succession, transfer, and mortgage.
 
Article 25
Unless approved by the competent authority, no mortgage shall be
 created over the fishing right as referred to 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 granted.
 
A fishery operator or fishery employee shall be preferred to be 
the transferee of the compulsory execution and the transfer as 
referred to 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 fisheries access privilege 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 as referred to in the preceding 
paragraph, the fishing right holder may be preferred to apply 
for renewing the respective right.
 
Article 29
The competent authority may alter or revoke its approval to 
fishing right or suspend the operation of any fishing right, if
 any 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 anchorage of any vessel.
(6) Laying of underwater pipelines and cables.
(7) Exploration and exploitation of minerals.
(8)Requirements of other public interests.
 
Before rendering any administrative disposition as referred to 
in the preceding paragraph, the competent authority shall 
publicize such disposition in advance and notify all fishery 
operators concerned.
 
Where the administrative disposition as referred to in paragraph
 1, cause any loss to the fishery operator, the relevant 
competent authority or the party claiming alteration, 
revocation, or termination shall reconcile the operator to make 
appropriate compensation for the losses. Should the 
reconciliation fails, the central competent authority shall 
decide the content of the compensation.
 
Article 30
The fishery access privilege shall not be the subject of other 
rights or juridical acts except for succession and transfer.
 
Article 31
The term of a fishery access privilege that is not specified 
shall be valid for a term as that of an exclusive fishing right.
 
Article 32
An exclusive fishing right holder may collect fishery access 
fees from fishery access privilege holders. The amount of the 
fees shall be enunciated in the rules or the contract of fishing 
access.
 
Article 33
The fishing right holder may, with the consent of the land owner
 or land user, utilize the land or limit the removal of bamboo, 
timber, soil and stones from the land, if it is deemed necessary 
for the followings:
(1) To build signs of the fishing ground.
(2) To build or maintain necessary signs within the fishing 
ground.
(3) To build beacons or other necessary facilities relating to 
fishing right.
 
Article 34
For the purposes of fisheries survey, site investigation, or the 
building of facilities as referred to in any subparagraph of the
 preceding article, the fishing right holder may, with the 
consent of the land owner and land user, access to the land or 
remove any obstruction from the land.
 
Article 35
If any of the circumstances as referred to in the preceding two 
Articles is deemed as necessary but fails to obtain consent, the 
fishing right holder may apply to the competent authority for 
approval and take the said action after the approval is granted.
 In case that approval is granted, the competent authority shall
 publicize it and notify the said land owner and user. Any loss 
incurred should be borne by the applicant through appropriate 
compensation.
 
Chapter 3  Directed Fisheries
Article 36
For the purpose of this Act, the term “directed fishery” means 
the fishery authorized by the competent authority for the use of 
fishing vessels to catch or harvest aquatic organisms for 
commercial purposes.
 
The authorizations of fishery operation as referred to in the 
preceding paragraph shall include the types of fishery, 
operating period and operating areas, and such items shall be 
stipulated in the fishing license.
 
Article 37
The competent authority may impose restrictions on respective 
directed fishery regarding the total number and tonnage of the 
fishing vessels, operating areas, operating period and other 
matters, if any of the following circumstances occurs:
(1) Conservation of aquatic resources.
(2) Adjustment of fisheries structure.
(3) Restriction of international fisheries agreements or 
fisheries cooperation with foreign countries.
 
Article 38
Where the restrictions imposed in accordance with the provisions
 of the preceding Article on the total number of fishing vessels
within respective directed fishery requires the reduction of the
 approved number of fishing vessels, the fisheries association of 
the particular directed fishery shall coordinate with the 
operators for the reduction. The operators who continue their 
operation shall compensate those who are restricted. Provided 
that those fishing vessels imposed restrictions may operate 
other types of fishery, no compensation needs to be given. 
Should no coordination be reached, the competent authority shall
 mediate between the relevant operators, and make a decision at 
its discretion if such mediation fails.
 
Where the restrictions as referred to in the preceding paragraph 
cause termination of the fishery operation and revocation of the 
fishing license, the competent authority shall make appropriate 
compensation accordingly.
 
Article 39 (deleted)
 
Article 39-1
Where a fishing vessel whose operating areas approved by the 
central competent authority contain the high risk areas being 
threaten by pirates or illegal armed force, the fishery operator
 may hire privately contracted armed security provided by the 
private maritime security corporations. 
 
The fishery operator as referred to in the preceding paragraph 
shall report to the central competent authority for perusal with 
enclosure of relevant documents for each vessel. The central 
competent authority shall forward such information to the 
Ministry of Interior, Ministry of Finance, and Coast Guard 
Administration of Executive Yuan. 
 
The fishery operator shall request the employed privately 
contracted armed security who is not a national of the Republic
 of China to embark or disembark the vessel abroad with the 
firearms, ammunitions or knifes possessed or used by him/her, 
and shall not enter into the territory of the Republic of China
 other than the fishing vessel that has been reported for
perusal to be safeguarded. 
 
The high risk areas of threat as referred to in paragraph 1 
shall be promulgated by the central competent authority. 
 
The procedures of reporting for perusal, documents required to 
be attached such as the fishing licenses, employment plan and 
insurance plan, the regulations governing the management of 
privately contracted armed security and the firearms, 
ammunitions or knifes possessed or used by them, the record of 
use and other requirements as addressed in paragraph 2, shall be
 prescribed by the central competent authority. 
 
The central competent authority shall integrally collect the 
relevant information on private maritime security corporation 
for reference to the fishery operator.
 
Article 40 (deleted)
 
Article 40-1 (deleted)
 
Article 40-2 (deleted)
 
Chapter 4  Recreational Fishery
Article 41
For the purpose of this Act, the term "recreational fishery" 
means the fishery using fishing vessels for recreational 
purposes, or for passengers to catch or harvest aquatic 
organisms or to engage in sightseeing on the water or on islands 
or islets.
 
Any fishery operator engaging in recreational fishery as 
referred to in the preceding paragraph shall apply to the 
competent authority and can only operate after the license is 
granted.
 
The operating period of recreational fishery approved by the 
competent authority shall not be more than five years, and shall 
not exceed the validity period of vessel inspection and 
insurance. 
 
Any fishery operator as referred to in paragraph 2 intends to 
continue its operation shall apply for the renewal of license at 
least three months prior to its expiration. 
 
The regulations on the application, alternation, abolishment, 
renewal of fishing license for recreational fishery and other 
matters should be recorded on the license as addressed in 
paragraph 2, shall be prescribed by the central competent 
authority.
 
Article 41-1
The inspection, measurement, certified passenger quota, 
navigable waters, and other compliance matters of full-time or 
part-time recreational fishing vessels, shall be subject to the 
regulations prescribed by the shipping administration authority
 on passenger ship and passenger small ship. 
 
Any recreational fishing vessels shall not carry passengers in 
excess of the passenger quota certified pursuant to the 
preceding paragraph, and shall not carry passengers outside the
 navigable waters specified pursuant to the preceding paragraph.
 
Article 41-2
Any fishery operator of recreational fishing vessel shall 
subscribe to liability insurance in accordance with the amount 
provided by the central competent authority, and shall subscribe
 to insurance covering injuries to passengers.
 
The beneficiary of the insurance policy as referred to in the 
preceding paragraph shall be limited to the insured party or 
his/her legal heir(s), without being subject to Article 135 of 
the Insurance Act applying mutatis mutandis to Article 105 and 
Article 107 of the same act. 
 
Upon expiry of the insurance as referred to in Paragraph 1, the 
fishery operator shall obtain renewal.
 
Article 42
The recreational fishery operator shall obtain the consent of 
the exclusive fishery right holder and comply with the rules 
prescribed by the said holder prior to operate within the waters 
covered by the exclusive fishing right. The exclusive fishing 
right holder cannot withhold his consent without justification.
 
Article 43
Regulations governing the items of activities, methods of 
catching or harvesting aquatic organisms, time limit of being 
out at sea, operating areas, numbers of fishing vessel, tonnage 
and length of fishing vessel, procedures on the entering and 
leaving port for fishing vessels, qualifications of fishing 
vessel officer or pilot, and other requirements, shall be 
prescribed by the central competent authority.
 
Chapter 5  Conservation and Management 
Article 44
For the purposes of resources management and fisheries structure 
adjustment, the competent authority may promulgate regulations
 on the following matters:
(1) Restriction or prohibition of the catching, harvesting, or 
processing of aquatic organisms.
(2) Restriction or prohibition of the sale or possession of 
aquatic organisms or the products made therefrom.
(3) Restriction or prohibition of the use of fishing gears and 
fishing methods.
(4) Restriction or prohibition of fishing area and fishing 
period.
(5) Restriction or removal of any object obstructing the 
migratory routes of aquatic animals.
(6) Restriction or prohibition of placing or dumping of objects
 harmful to aquatic organisms.
(7) Restriction or prohibition of placing or removal of 
protective objects necessary for the propagation of aquatic 
organisms.
(8) Restriction or prohibition of transplantation of aquatic 
organisms.
(9) Other matters as deemed necessary.
 
Any fishery operator violating any provisions of subparagraph 4
 to 9 of the preceding paragraph, shall be imposed with 
administrative disposition by the authority that made the 
promulgation. 
 
The municipal or county (city) competent authorities shall 
report to the central competent authority for approval prior to
 any promulgation pursuant to the provisions of paragraph 1.
 
Article 45
For the purposes of conserving aquatic resources, the competent
 authority may designate and establish on aquatic organisms 
propagation and conservation zone.
 
The establishment of aquatic organisms propagation and the 
conservation zones shall be subject to the approval of the 
municipal competent authority. In the case of the county(city), 
the competent authority shall submit a management plan of the 
conservation zones to the central competent authority for 
approval and promulgate the establishment after being approved. 
In case of the establishment of conservation zone involving two 
or more provinces (municipalities), it shall be reported to the 
central competent authority for approval.
 
The municipal/county/city competent authority with jurisdiction 
over the conservation zone shall be responsible for the 
management of the conservation zone. Where the jurisdiction over 
the waters on which the conservation zone established is 
extended over two or more provinces/municipalities/counties/
cities or is not clear, the central competent authority shall
 appoint an agency to manage the conservation zones.
 
Article 46
For the purposes of conserving aquatic resources, the 
competent authority may undertake survey on respective directed 
fishery regarding its catch volume, operation conditions and
sea conditions.
 
In undertaking the investigation as referred to in the 
preceding paragraph, the competent authority may request the 
fishery operator or fishery employee to submit a report on 
catch volume, operation period, fishing gears, fishing methods 
and other relevant reports. The fishery operator or the fishery
 employee shall not refuse.
 
Article 47 (deleted)
 
Article 48
Aquatic organisms shall not be caught or harvested by the use 
of:
(1) Toxic substances.
(2) Explosives or other dynamites
(3) Electricity or other narcotics.
 
The restrictions provided in the preceding paragraph shall not 
apply to those for experimental and research purposes and with 
permission from the central/municipal competent authority.
 
Article 49
The competent authority may designate officer(s) to the fishing 
vessel, fishing grounds of the fishing right fishery, fish farms
 of inland aquaculture or other relevant sites of the fishery 
operator to inspect the operator’s catch, fishing gears, account
 books, and other objects, as well as to question any relevant 
party. The Coast Guard Administration may, pursuant to its 
mandate, designate officer(s) to the fishing vessel of the 
fishery operator for inspection and question any relevant party.
 The relevant party shall not evade, obstruct or deny any of the 
inspections.
 
In carrying out the inspection as referred to in the preceding
 paragraph, where the officer finds any offense of crime 
regarding fisheries but is not in the position to request the 
judicial authority to proceed with search or attachment in time,
 the officer may provisionally seize the fishing vessel, the 
catch, or any other object that may serve as evidence of the 
crime committed. In case that any other violation of the 
provisions of this Act is found, the catch, the fishing gears 
and other objects may be sealed.
 
The provisional seizure or seal undertaken in accordance with 
the preceding paragraph shall be witnessed by any person in 
charge of the fishing vessel or the site, or any other civil 
servant. An inventory shall be made in respect of the objects
 being provisionally seized  or sealed.
 
After the provisional seizure conducted pursuant to paragraph 2,
 the competent authority or the Coast Guard Administration shall
 immediately contact the judicial authorities for search or 
seizure and deliver the provisionally seized objects.
 
In carrying out the inspection, the officer as referred to in 
paragraph 1 shall produce his/her identification and the 
authorization specifying the scope of inspection. In case that 
the officer fails to do so, the person to be inspected may 
refuse such inspection.
 
Article 50
Where any dispute arises concerning the operation areas, fishing
 grounds, or the methods of catching, or aquaculture, the 
fishery operator may apply to the competent authority for 
mediation.
 
Article 51
Where there are more than one fishing methods used within the 
same fishing ground, the competent authority may, in 
consultation with fishery operators, prescribe rules for 
operation.
 
Chapter 6  Fishery Development 
Article 52
For the purposes of facilitating accommodation of fisheries 
fund, the competent authority shall, in consultation with the 
authorities concerned, consult with financial institutions in 
providing various fishery loans.
 
Whenever necessary, the financial and the fisheries competent 
authorities may approve the establishment of fisheries financial
 institutions.
 
Article 53
For the purposes of promoting fisheries investment and assuring
 fisheries security, the competent authority shall coordinate 
with the authorities concerned to conduct various fisheries 
insurance programs, or shall designate fishermen’s associations 
or consult with public or private insurance institutions to 
undertake the programs.
 
Article 53-1
For the purposes of protecting fishermen's lives and property
 safety, the competent authorities may prescribe regulations 
regarding salvage operations for fishing vessels in maritime 
distress, succors for fishermen and fishing vessels in distress,
 awards to motor-powered vessel owners, and insurance to 
fishermen in their sea operations.
 
Article 54
For the purposes of assuring fishery security and maintaining 
the orderly operation within fishing areas, the competent 
authority shall conduct the following matters:
(1) The construction and maintenance of fishing ports and 
fisheries infrastructures.
(2) The disposition of patrol fleets to perform the duties of 
salvage, patrol, and fishery protection.
(3) The establishment of fisheries radio broadcasting stations.
(4) The establishment of safety facilities such as beacons, 
sign poles and weather forecasting systems.
(5) The prescription of regulations governing the operation of 
fishing grounds and fishing vessels.
(6) The requisition to the Ministry of Defense and other 
authorities concerned for necessary assistance and protection.
 
Article 55
The competent authority may provide awards or incentives to 
those who have performed any of the following:
(1) Improving facilities which are conducive to fisheries safety
 and salvage.
(2) Improving fishing vessels, fishing gears, fishing methods or
 processing methods of fisheries products, with remarkable
result.
(3) Promoting fisheries education or conducting fisheries 
research, with remarkable result.
(4) Exploiting fisheries resources which are conducive to 
fisheries development.
(5) Any other performance with significant contribution to 
fisheries development.
 
The regulations governing the awards and incentives as referred
 to in the preceding paragraph shall be prescribed by the 
central competent authority.
 
Article 56
For the purposes of promoting fisheries development, the 
government shall establish fisheries development fund. The 
competent authority shall propose the amount of the said fund to 
the Executive Yuan for approval, and duly appropriate its budget
 accordingly.
 
The Executive Yuan shall prescribe regulations governing the 
incomes and expenditures, custody and utilization of the 
fisheries development fund.
 
Article 57
For the purposes of coping with price fluctuation of fisheries 
products and stabilizing the market of fisheries products, the 
competent authority may take applicable guiding measures to 
maintain the stabilization of price and sustainable development 
of industries.
 
Article 58
Fishing vessels, fishing gears, or materials for fishing 
imported for the purposes of fisheries production, shall be 
exempted from or reduced from import duties in case such items 
are not manufactured domestically or the quantity of those 
domestically manufactured is insufficient to meet the demand. 
Any item imported by fisheries research institutes for 
experimental and research purposes shall be exempted from import 
duties.
 
The Executive Yuan shall decide and promulgate those items 
eligible for exemption or reduction of import duties and the 
applicable criteria as referred to in the preceding paragraph.
 
Article 59
Fuel for powered equipment used in fisheries shall be exempted
 from commodity tax. The Executive Yuan shall decide the 
standard of preferential price of the fuel for powered equipment
 used in fisheries.
 
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.
 
Chapter 8  Supplementary Provisions 
Article 69
The regulations for registration and management of inland 
aquaculture shall be prescribed by the municipal/county/city 
competent authority.
 
The municipal/county/city competent authority may plan and set 
up an aquaculture production area in which the environment is 
appropriate for developing aquaculture or presently fish farms 
concentrated. The regulations for the establishment and 
management shall be prescribed by the central competent 
authority.
 
Any aquatic organisms that involved in genetic breeding and 
transference shall run prior field tests and safety assessments
 before promotion and utilization. The regulations on the field 
test and breeding management of genetic bred and transferred 
aquatic organisms shall be prescribed by the central competent 
authority.
 
Article 69-1
In the event that the Republic of China has signed fisheries 
agreement (or arrangement) for the overlapping exclusive 
economic zones with any neighboring country, any fishing vessel 
and fisheries employee of that country operating in the area 
within the agreement (or arrangement), shall comply with the 
requirements of that agreement (or arrangement).
 
The requirements of the agreement (or arrangement) as referred
 to in the preceding paragraph, shall be promulgated by the 
central competent authority and published in the government 
gazette.
 
Article 69-2
Starting from 1 January 2009 till this Act amended on 22 January 
2015 becomes effective, during which the foreign crew members 
were hired by fishery operators without obtaining national 
health insurance cards, such foreign crew members are exempted 
from Article 9 of the National Health Insurance Act.
 
Article 70
The central competent authority shall prescribe the enforcement 
rules of this Act.
 
Article 71
This Act shall enter into force on the date of promulgation. For 
Article 7-1, Article 39, Article 40, Article 40-1, Article 40-2, 
Article 63-1, Article 63-2 and Article 68 amended on 5 July 
2016, they shall enter into force six months after the 
promulgation.