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Regulations of Recreational fishery

In 1993.5.26, Council of Agriculture of Executive Yuan, 82 nong yu zi, no. 2123895A orders statement, announce full text of 29 articles.

In 1995.6.30, Council of Agriculture of Executive Yuan, 84 nong yu zi, no. 4040505A calls for correction and announcement of article number 21.

In 1996.3.13, Council of Agriculture of Executive Yuan, 85 nong yu zi, no. 5109101A calls for correction and announcement of article 24.

In 1999.8.18, Council of Agriculture of Executive Yuan, (88) nong yu zi, no. 88602585 calls for correction, announce full text of 27 articles.

In 2000.8.28, Council of Agriculture of Executive Yuan, (89) nong yu zi, no. 891218864 calls for correction, announce the 9th article.

In 2001.7.31, Council of Agriculture of Executive Yuan, (90) nong yu zi, no. 901340574 calls for correction and announcement of the 6th, 9th~11th and 15th, 17th, 20th and no. 24, 27 and 28 articles.

Article 1

The Regulations are based on rule 43 of Fisheries Act.

Article 2

The addressed "Recreational fishery" declared in this approach directs to individual who provides fishing vessel for recreational purpose such as water activities or relevant objectives. The above-mentioned tourism points to recreational activities for tourists' sightseeing of fishing or viewing of marine biology and ecological environment. The fishery operator should follow this rule for processing fishing vessel management of recreational fishery.

Article 3

Fishery operator defined in this approach is those who provide fishing vessel for management of recreational fishery.

Article 4

Addressed recreational fishing vessels are those fishing vessel that is presently in the business of fishing vessel management, reconstruction, building and other recreational fishery. Prior stated recreational fishing vessel, safety facility, minimum number of crew, maximum number of passengers on vessel and other rules to comply with should follow relevant passenger vessel or passenger carrying vessel regulations from Shipping Administration institution.

Article 5

Passenger defined here in the approach points to citizens of R.O.C or aliens with valid visa passport approved by Republic of China for sea recreational fishery.

Article 6

Total weight limit for fishing vessel that is in recreational business must be above one ton and under 50 tons. Sampan and raft cannot be used for recreational fishery. However, sea area with certain water depth similar to lagoon which is characterized by natural barriers must have legal rules set by relevant county or (municipal) government to distinguish water region, as well as for management purpose, approbation for sampan and raft in recreational fishery business.

Article 7

Sampan or craft can use 3 units for one under ten tons recreational fishery craft.

Article 8

Fishery Competent Authority shall limit the number of recreation fishing vessel if it is necessary.

Article 9

Professional recreational fishing vessel shall not apply for purchase of fuel at preferential prices.

Article 10

1. 5 Copies of application, must record the following items:

(a)Name of applicant, birth date, address and social security number.
(b)Location and region of the fishing ground.
(c) Name of fisheries, ID, total weight in tonnage, net tonnage and number of
(d)Vessel machine type, horsepower, tank capacity and speed per hour.
(e)Name of captain, birth date and license of staff or operating serial number of motor boat.
(f)Communication facility.
(g)Safety Equipment.
(h)Maximum number of passenger on board.
(i)Insured amount and period.
(j)Emergency contacts and address.

2. Staff crews' profession certificate or motor boat driving license and certificate of four trainings including survival, fire extinguishments, first aid, operation of lifeboat and life raft.
3. A copy of signal communication facility certificate.
4. A copy of insured policy contract for responsibility and individual injury.
5. 3 copies of checking record book for boat inspection, certificate of boat inspection or boat license.
6. New builder should enclose approved document for such construction.
7. Fishery operator who concurrently operates recreational fishery shall enclose a copy of original fishing license.
8. Applicant apply through company title shall enclose 5 copies of registration and business plan.

Article 11 Recreational fishery license shall record the following:
- 1. Name of fishery operator, address and identity card number.
- 2. Name of fishing craft, ID number, total weight in tonnage and net tonnage.
- 3. Vessel machine type, horsepower, tank capacity and navigation speed.
- 4. Signal communication facility.
- 5. Safety equipment.
- 6. Crew and maximum number of passengers on board, port of registry.
- 7. Location and region of fishing ground.
- 8. Restrictions attached when approbation is granted.
- 9. Approbation number and date (y/m/d).
- 10. License effective date.
Article 12

The maximum approved time for recreational fishery accredited by Competent Authority is five years. However, the period can not exceeds the effective period for vessel inspection and insurance effective date. Pre-described fishery operator shall renew his license within 3 months if willing to continue the management.

Article 13

Fisherman association or fishery production cooperative society should follow fishery regulation no. 42 and list out following status for verification by relevant county or (municipal) government organization.

1. Restricting range for recreational fishery.
2. Standard fee collection for recreational fishery business.
3. Approved items for recreational fishery.
4. Rules to comply in recreational fishery business.
5. Related issues about fishery guarder.
6. Penalty for law breaking.

Article 14

Method of harvest of aquatic animals and plants in recreational fishery can only employ one fishing pole and trolling.

Article 15

Captain and the chief engineer of recreational fishing vessel with over 20 tons weight should possess crew certification. Fishery captain in recreational fishery that holds vessel under 20 tons weight and should qualify for one of following:

1. Holds navigating license of powerboat for business purpose.
2. Holds certified document for being both a fishery navigator and engineer at the same time.
3. Holds fishery navigator crew certification and the assistant hold the certification of being a qualified engineer.

Article 16

Fishing vessel in recreational fishery shall install DSB and EPIRB and for communication range that over 24 miles distance from station, SSB should be set up and operate by qualified staff.

Article 17

Fishery operator or captain should comply the following regulation:

1. Collecting data of meteorological and sea phenomena, and explaining to passengers; if having any safety concerns such as over 6 degree of wind force schedule should be rearranged or cancel immediately.
2. Giving passenger instructions such as lifesaving equipment and launch forth only when passengers are well equipped with life jacket.
3. Boarding and landing instructions, including other points for attention should be labeled on a clearly spot on the boat.
4. Maximum number of passengers on boat based on legal regulations must be labeled clearly above pilot cockpit and clearly on two sides of the craft.

Article 18

Inspection, measurement, registration, certification issuing must comply with relevant legalization rule according to total weight and processes through the Shipping Competent Authority at location where the craft anchored off. Boat at where no Shipping Competent Authority is available, should process through local government.

Article 19

All crews including navigator of recreational fishery craft must hold certification of four trainings: survival, fire extinguishments, first aid, operation of lifeboat and life raft. Notification must be given to Competent Authority due to any staff and position change.

Article 20

Passengers who launch forth for recreational fishery activities should bring their own identity card, passport or other ID documents for fishery operator or captain to fill out the list of people on boat (format as attachment 1). Report is necessary for in charged coast patrol unit of harbor before the launch, no further actions should be taken without registration. Before the recreational fishing vessel launch forth, fishery operator is requested to draw up a data table of recreational fishery craft navigating plan (format as attached file 2) with application to leave port. After verification, submit to inspectors in implementation.

Article 21

Fishery operator or captain is responsible for any damage compensation due to any intended cause of the third person's physical injury or property lost. The responsibility of aforesaid compensation to damage should be insured by fishery operator. Individual's insured amount can not be lower than 1 million and two hundred thousand NT dollars. When the mature contract is to be renewed, Competent Authority must be notified for reference.

Article 22

Fishery operator should take out an insurance policy for each of his staffs and passengers. Passengers must provide personal ID for insurance requirement. The insured injury premium as aforementioned should be state on the ticket or leasing contract. The premium for each individual shall not be lower than 1 million and two hundred thousands NT dollars, when the mature contract is to be renewed, the Competent Authority must be notified for reference.

Article 23

Recreational fishing vessel for fishery activities shall comply with following rules:

1. Shall not steer to important military facilities along the coast, stronghold, military harbor and restrict coast region nearby commercial harbor, this includes prohibited area in commerce coast and fishery natural resources nursing area and nature protecting region.
2. Prohibit to deliver passengers in a different (mostly disguise) form.
3. Prohibit to provide or promote inappropriate activity to impair public order and against law-abiding customs.
4. Prohibit for business management other than recreational fishery.
5. Prohibit waste material disposal into the water or water environmental contamination.
6. Other relevant regulations. Prior condition should be enforced by captain.

Article 24

Activity schedule for recreational fishing vessel is opened 24 hours a day. The limit for each sequence of voyages however, is 48 hours. Activity region limits to 24 miles surrounding Taiwan and Peng Hu, and within 12 miles around Pen Jia islet, Green island, and Lan Yu . Fishery activities in Jin Men, Ma Zu areas are limited to use only local vessel, the activity time and region will be decide by local government, defend commanding office and related responsible water region management institution under safety conditions that will not impact preparedness security.

Article 25

Recreational fishing vessel should pass in and out through home port or approved port. Port for entering, exiting and anchor should follow port regulation rule no. 16 and pay for port administrative expenses base on regulation no. 15. Above mentioned port that has the approval from relevant department institution, if individual is to cross district, coordination for agreement from Competent Authority is required before taking any process.

Article 26

Fishing operator who falls into any of following category, Competent Authority must take legal penalty base on the law or send for relevant institution for required procedures.

1. Individuals who fail to apply for inspection, measurement and registration.
2. Passenger capacity exceeds carrying quota.
3. Management without approval.
4. Crew staff and navigator without qualified license.
5. Individuals who does not have equipped facilities for survival, fire extinguishments and signal communication as state in the regulation.
6. Individuals who enters prohibited port.
7. Others who violate the regulation of this approach.

Article 27

Jurisdictional municipality or county must set attention rules for whale watching activities or have convention agreed by counseling business. Individual who is in business of whale watching activities shall post the agreement for such activities on boat, in an evident area for passenger's reference.

Article 28

Regulations will come into force on the day of announcement.