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法規名稱(Title) Regulations for Recreational fishery Ch
公發布日(Date) 2017.11.07
法規沿革(Legislative) 1.The entire text of 29 Articles enacted and promulgated on 26
May 1993 by the Council of Agriculture, Executive Yuan under
Order No. 82 Nung-yu-tzu 2123895A.
2.Article 21 amended and promulgated on 30 June 1995 by the
Council of Agriculture, Executive Yuan under Order No. 84
Nung-yu-tzu 4040585A.
3.Article 24 amended and promulgated on 13 March 1996 by the
Council of Agriculture, Executive Yuan under Order No. 85
Nung-yu-tzu 5109101A.
4.The entire text amended to 27 Articles and promulgated on 18
August 1999 by the Council of Agriculture, Executive Yuan
under Order No. (88) Nung-yu-tzu 88602585.
5.Article 9 amended and promulgated on 28 August 2000 by the
Council of Agriculture, Executive Yuan under Order No. (89)
Nung-yu-tzu 891218864.
6.Article 6, 9 to 11, 15, 17, 20, 24, 27 amended, and Article 28
added and promulgated on 31 July 2001 by the Council of
Agriculture, Executive Yuan under Order No. (90) Nung-yu-tzu
901340574.
7.Article 26 amended on 1 May 2007 by the Council of Agriculture,
Executive Yuan under Order No. Nung-yu-tzu 0961340452.
8.Article 5 amended on 17 July 2008 by the Council of Agriculture,
Executive Yuan under Order No. Nung-yu-tzu 0971290215.
9.Article 2, 4, 10, 11, 16, 17, 19 and 26 amended, and Article 17-1
and 27-1 added on 9 April 2010 by the Council of Agriculture,
Executive Yuan under Order No. Nun-yu-tzu 0991320452.
10.Article 16 amended on 7 July 2010 by the Council of Agriculture,
Executive Yuan under Order No. Nung-yu-tzu 0991321586.
11.The entire text amended to 25 Articles and promulgated on 26 March
2013 by the Council of Agriculture, Executive Yuan under Order No.
Nung-yu-tzu 1021320806.
12.Article 20 amended on 19 December 2013 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 10213227531.
13.Article 1, Article 4, Article 5, Article 7, Article 10, Article 11,
Article 13, Article18, Article19 and Article 24 amended on 8 April
2014 by the Council of Agriculture, Executive Yuan under the Order
No. Nung-yu-tzu 1031328629.
14.Article 2 and 23-1 amended on 20 June 2014 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1031329782A.
15.Appendix 1 of Article 7 amended on 21 Nov 2014 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1031326906A.
16.Appendix 1 of Article 7 amended on 2 April 2015 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1041326703A.
17.Appendix 1 of Article 7 amended on 21 July 2016 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1051327479A.
18.Appendix 1 of Article 7 amended on 7 November 2017 by the Council of
Agriculture, Executive Yuan under Order No. Nung-yu-tzu 1061329298A.
法規內文(Content) Article 1
These Regulations are established pursuant to Article 41, 
paragraph 5 and Article 43 of the Fisheries Act.
 
Article 2
The activities of recreational fishery stipulated in these 
Regulations mean the following activities that a recreational 
fishing vessel carries passengers on board or to islands or 
reefs to engage in:
1. Harvesting aquatic animals or plants.
2. Watching fishing operations.
3. Watching natural environment and wildlife.
4. Whale watching.
A recreational fishing vessel authorized by the competent 
authority may be offered for use in aquatic (fisheries) 
resources research, marine environment research, fisheries 
management, marine engineering projects, release of fish fry, 
and deployment and maintenance of artificial reefs.
Any recreational fishing vessel which intends to carry 
passengers to engage in diving activities as specified in 
Article 19 of the Regulations Governing Water Recreation 
Activities may do so only after it has obtained approval of the 
competent authority and shall conform to the Regulations 
Governing Water Recreation Activities.
The fishing gear and method used in the activities referred to
 in paragraph 1, sub-paragraph 1 shall be restricted to rod 
lining,
 pole and line, and trolling.
 
Article 3
Passengers referred to in paragraph 1 of the preceding Article 
shall not include:
1. Staff with fishing vessel crew identification who work on a 
recreational fishing vessel.
2. Persons in distress at sea who were rescued by the captain 
under obligation.
3. Persons who embark on a vessel in an illegal manner that 
can not be stopped by the captain or owner of that vessel.
4. Persons who cannot leave the vessel due to performance of 
official duties for extraordinary incidents.
 
Article 4
A recreational fishing vessel stipulated in these 
Regulations means an existing fishing vessel that engages 
in part-time recreational fishery, or is remodeled or to be
 built as replacement to engage in the activities of 
recreational fishery.
 
Article 5
Fishing vessels engaged in recreational fishery shall be over 
1 gross ton.
Sampans and fishing rafts shall not engage in recreational 
fishery. However, for public waters of certain depth with 
natural barriers such as lagoons, the competent authority of 
the government of the municipality or city (county) may 
establish autonomous regulations for sampans and fishing 
rafts to engage in part-time recreational fishery in 
designated water areas.
 
Article 6
A recreational fishing vessel under 10 gross tons may be built 
provided that replacement tonnage of three sampans or fishing 
rafts has been obtained.
 
Article 7
The maximum number and tonnage categories of recreational 
fishing vessels in every fishing port are set out in Attached 
Table 1.
 
Article 8
Any person who intends to operate recreational fishery shall 
fill in and submit an application form along with the following 
documents for issuance of a recreational fishery license to the 
competent authority in charge.
1. The professional certificate of fishing vessel officer or 
the license of power-driven boat.
2. Crew members’ basic safety training certificates.
3. Copies of telecommunication equipment certificates.
4. Copies of liability insurance and personal injury insurance 
contracts.
5. Copies of the record for ship inspection, ship inspection 
certificate or license of small boat.
6. In the case of a newly-built vessel, the letter of ship 
building permission.
7. In the case of a fishing vessel engaged in part-time 
recreational fishery, a copy of the fishing license for 
directed fishery.
8. If the applicant is a company or store, its registration 
certificate and business plan.
9. A document proving that the ALC has been tested to be 
capable of automatically transmitting positions by the 
Overseas Fisheries Development Council of the Republic of 
China, and a copy of a document proving that advance payment 
of current year cost of communication has been made. However, 
these documents may be exempted in the case of a recreational 
fishing vessel which is free from the installation of an ALC 
pursuant to Article 14, paragraph 1 or 2.
 
Article 9
The competent authority of the government of the municipality 
or city (county) may designate islands or reefs for passengers
 to conduct recreational fishery activities, and establish 
autonomous regulations for recreational fishery activities 
on islands or reefs.
Any recreational fishing vessel which intends to carry 
passengers to islands or reefs for recreational fishery 
activities shall do so only after the competent authority 
of the government of the municipality or city (county) 
administering the islands or reefs has issued an approval, 
with a copy to the competent authority administering the 
vessel, and annotated the recreational fishery license for 
approval.
When the competent authority of the government of the 
municipality or city (county) administering the islands or 
reefs referred to in the preceding paragraph withdraws, 
revokes or changes its approval to a recreational fishing 
vessel, it shall immediately inform the competent authority 
administering the vessel and amend or cancel the annotations
 of approval on the recreational fishery license.
 
Article 10
A recreational fishery license shall contain the following 
information:
1. The fishery operator ’ s name, address and national 
identification 
card number. If the fishery operator is a company or store, 
its name, main office or operation site, and its 
representative ’ s name, address and national identification 
card number.
2. Items of recreational fishery activities approved for 
operation.
3. Vessel ’ s name, registration number, gross tonnage and 
net tonnage, length and overall length.
4. Type and horsepower of engine, fuel tank capacity and 
navigation speed.
5. Telecommunication equipment.
6. Safety equipment.
7. Number of crew, maximum number of passengers and homeport 
of the vessel.
8. Activity area.
9. Additional requirements for approval.
10. Date and order number of approval.
11. Valid period of the license.
12. Islands or reefs approved for carrying passengers to visit.
In the event of any change in the information referred to in 
the preceding sub-paragraphs, the fishery operator shall apply 
for change registration to the competent authority by 
submitting supporting documents.
 
Article 11 (Deleted)
 
Article 12
For a recreational fishing vessel over 20 gross tons, its 
officers shall have fishing vessel officer professional 
certificates.
For a recreational fishing vessel under 20 gross tons, its 
captain shall meet one of the following qualifications:
1. Having a commercial power-driven boat license.
2. Having both a deck officer professional certificate and an
 engineer officer professional certificate.
3. Having a deck officer professional certificate, with a
crew member having an engineer officer professional 
certificate.
The captain and chief engineer referred to in the preceding 
two paragraphs shall have the certificate of basic safety 
training. A senior crew member shall not act for the captain
 or chief engineer. Any change of officers or pilot shall be 
reported to the competent authority for perusal.
 
Article 13
From 1 April 2014, the minimum safe manning of a recreational 
fishing vessel shall comply with the requirements of the 
Attached Table 2.
 
Article 14
A recreational fishing vessel shall install an automatic 
location communicator (ALC), a double side band (DSB) radio 
telephone and an emergency position indicating radio 
beacon (EPIRB) designated by the competent authority of the 
central government. Where its telecommunication range is 
beyond 24 miles from the fishery radio station (hereinafter 
referred to as “ radio station ” ), the recreational 
fishing vessel shall install additionally a single side 
band (SSB) radio telephone, which shall be operated by a 
radio operator with a valid certificate. However, 
installation of ALC may be exempted in one of the following
 cases:
1. Sampans and fishing rafts.
2. Vessels under 5 gross tons.
In one of the following cases, a recreational fishing vessel 
may be exempt from installing an ALC after obtaining the 
approval from the competent authority of the central 
government, through the competent authority of the 
municipality or city (county).
1. The vessel is over 5 but under 10 gross tons.
2. Except whale watching, the vessel does not engage in other 
recreational fishery activities, or is not offered for any
 use referred to in Article 2, paragraph 2.
3. The vessel is over 10 gross tons and engages in marine
 life watching in coral reef area with each voyage less than
 4 hours.
For recreational fishing vessel exempt from installing the 
ALCs as approved by the competent authority of the central
 government pursuant to the preceding paragraph, if the 
vessels meet one of the following situations, the competent
 authority of the central government may revoke their 
exemption:
1. Vessels in violation of Article 21, paragraph 2 that
 have been punished by the competent authority.
2. A recreational fishing vessel referred to in sub-paragraph
 3 of the preceding paragraph with each voyage is exceeding 
4 hours.
Article 15 Prior to departure of a recreational
 fishing vessel, its fishery operator or captain shall 
comply with the following provisions:
1. Data on weather and marine conditions shall be collected
 and explained to passengers. Where local weather forecast 
shows winds equal to or greater than force 7 on the Beaufort
 Scale or adverse weather or marine conditions, which 
could cause safety concerns to passengers, the vessel shall
 not depart.
2. The vessel may depart only after it has undergone a 
thorough check, an orientation for lifesaving equipment has
 been given to passengers, and passengers have put on their
 lifesaving jackets.
3. Where the recreational fishing vessel carries passengers
 to islands or reefs, information on the geography and 
environment of the islands or reefs and safety rules shall 
be explained to passengers. And passengers shall be
 required to wear, where appropriate, safety equipment 
depending on environmental characteristics.
4. Embarkation and disembarkation instructions, safety on
 board and rules for recreational fishery activities shall
 be explained to passengers and marked in a noticeable 
place on board.
5. Maximum number of passengers and number of crew shall be
 marked in a noticeable place above the pilot seat and on
 both sides of the hull of the vessel.
6. The ALC shall be switched on and transmit vessel 
positions to the local radio station, and telecommunication
 equipment shall be maintained functional in accordance 
with Article 16.
 
Article 16
For a recreational fishing vessel that has installed an 
ALC on board, the ALC shall be switched on 2 hours prior 
to departure and its condition shall be checked with the 
radio station. The vessel shall not depart until the 
relevant authority of Coast Guard has checked and confirmed
 with the radio station that the ALC on board is switched
 on and functional.
After departure, the ALC on board the recreational fishing
 vessel referred to in the preceding paragraph shall be 
maintained operational and transmit positions to the 
radio station hourly. After return to port, the vessel
 may switch off the ALC only after notifying the radio 
station.
When the radio station cannot receive positions from the
 ALC on board a recreational fishing vessel, it shall 
immediately report to the competent authority of the 
central government, which shall order the vessel to return 
to port for repairing. Before entry into port, the vessel
 shall report its positions to the radio station by the 
telecommunication equipment in every 30 minutes. After
 entry into port, the vessel shall not depart until the
 ALC is repaired.
Cost of communications of the ALC on board a recreational 
fishing vessel shall be borne by the fishery operator.
 
Article 17
Before embarking on a recreational fishing vessel, a 
passenger shall provide his or her national identification
 card, passport or any other identity-proving document to 
the fishery operator or the captain for making a list of 
people on board.
A recreational fishing vessel may depart from the port 
only after the fishery operator or captain have submitted 
the information form on voyage plan and the list of people
 on board to the relevant authority of Coast Guard
Administration stationed in that port.
Article 18 The fishery operator shall obtain
 liability insurance. The scope and minimum coverage 
amount shall be as follows:
1. Death and injury: NT$ 2 million per person.
2. Accident: NT$ 2 million multiplied by maximum number of 
passengers and number of crew.
 
Article 19
The fishery operator shall obtain personal injury insurance
 for all crew members and passengers on their behalf. The
 minimum coverage amount shall be NT$ 2 million per person.
The fishery operator shall post the amount and the contents
 of the personal injury insurance referred to in the 
preceding paragraph in a noticeable place on board, 
addressing them in the tickets or chartering contract.
Article 20 The captain and pilot of a 
recreational fishing vessel shall comply with the 
following requirements:
1. Shall not take passengers to islands or reefs not 
contained in the recreational fishery license ’ s 
annotations of approval.
2. Copies of the recreational fishery license, liability 
and personal injury insurance policies shall be posted in 
a noticeable place on board.
3. Shall not engage in any business activities other than
 recreational fishery.
4. While passengers left vessel to conduct recreational 
fishery activities, the vessel shall be moored waiting 
nearby, unless approved otherwise by the competent 
authority. Unless approved otherwise by the competent 
authority for any extraordinary incident, the vessel 
shall return to port with all passengers on board.
5. Other compliance requirements pursuant to relevant 
regulations.
When a recreational fishing vessel takes passengers out to
 sea for harvesting aquatic animals or plants, the fishery 
operator or captain shall fill in and submit the catch
 logbook or daily logbook of the current month to the 
competent authority of the government of the municipality 
or county (city) for perusal by the end of the following
 month.
Article 21
Each voyage of a recreational fishing vessel shall not
 exceed 48 hours.
The area of recreational fishery activities shall be
 restricted to the areas within 30 miles of the coast of 
Taiwan ’ s main island and Penghu, within 12 miles of the
 coast of Pengjia Islet, Green Island and Lanyu, and the 
islands between the offshore islands.
For operation of recreational fishery in Kinmen and Matsu
 area, the fishery operator shall use locally-registered
 recreational fishing vessels. The autonomous regulations 
relating to the time and area of operation for the 
recreational fishery is stipulated by the competent 
authority of the local government in consultation with 
relevant authorities.
 
Article 22
Recreational fishing vessels shall only enter into or 
departing from its homeport. However, for those approved
 by the competent authority to use another port for 
operation, entry or departure, they shall be allowed to 
enter or depart from that port during the approval period.
With regard to the port approved by the competent 
authority for operation, entry and departure of the 
recreational fishing vessel referred to in the preceding 
paragraph, in the case that the port is beyond the 
jurisdiction of the competent authority, prior approval 
shall be obtained from the competent authority 
administering the port through coordination.
During a necessary voyage between its homeport and port 
approved by the competent authority, a recreational fishing
 vessel shall not engage in any recreational fishery 
activity.
 
Article 23
The competent authority of the government of the 
municipality or county (city) may establish whale watching 
rules or guide the fishery operators to establish a 
convention on self-regulation.
The fishery operator or captain of a recreational fishing
 vessel carrying passengers for whale watching shall place
 whale watching rules or the convention on self-regulation 
in a noticeable or easily accessible spot on board for 
passengers.
 
Article 23-1
Discount fares for recreational fishing vessels shall be 
offered to child passengers and be charged in accordance 
with the following:
1. For children under one year of age, no fare shall be 
charged.
2. For children older than one year of age but under three 
years of age, the maximum fare shall not exceed 30% of the 
adult fare.
3. For children older than three years of age but under 
twelve years of age, the maximum fare shall not exceed 80% 
of the adult fare.
 
Article 24
Before a recreational fishing vessel carries passengers to 
engage in activities of recreational fishery, in the event 
of one of the following circumstances, the competent 
authority shall impose punishment pursuant to relevant 
regulations and promptly prohibit the vessel ’ s departure
 from port.
1. Application has not been made for inspection, measurement
 and registration as required.
2. Number of passengers on board exceeds maximum number of 
passengers.
3. A recreational fishery license has not been obtained.
4. The crew members and pilot do not have the certificate or
 license as required by Article 12, paragraph 1 and 2.
5. Failure to install qualified lifesaving, fire fighting 
and telecommunication equipments as required.
6. Manning of the vessel does not comply with Article 13.
7. Failure to install an ALC on board in accordance with 
Article 14.
8. Failure to transmit vessel positions to local radio station
 or maintain telecommunication equipment functional in 
accordance with Article 15, sub-paragraph 6.
9. Failure to obtain insurance in accordance with Article 18
 or 19.
The competent authority of the central government may 
commission the relevant authorities of Coast Guard 
Administration to enforce inspections and prompt prohibition 
referred to in each sub-paragraph of the preceding paragraph.
 
Article 25
These Regulations shall enter into force on the date of
 promulgation.
圖表附件(Attachments)