Fisheries Act 2018

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.