::: > Index > Fisheries Laws>Regulations on the Management of Driftnet Fisheries

Regulations on the Management of Driftnet Fisheries

Promulgated by Council of Agriculture, Executive Yuan on 25 November 1995 under Promulgation No. (84) Nun-Yu-Tzu 4041153A

Amended under Council of Agriculture, Executive Yuan Order dated 30 January 2004, No. Nun-Sho-Yu-Tzu 0931330117

(Original Title: Rules on Managing Driftnet Fisheries)

1. These Regulations are established pursuant to Article 44, Paragraph 3 of the Fisheries Act.
2. No ROC fishing vessel is permitted to operate driftnet fishery outside the 200-mile exclusive economic zone of the country, except that an authorization has been issued by the Council of Agriculture (hereinafter referred to as COA), Executive Yuan for the operation of driftnet fishery in the 200-mile exclusive economic zones of foreign countries.
3. Prior authorization shall be obtained from the competent authority for conducting driftnet fishing within the 200-mile exclusive economic zone of the country, on condition that the size of vessel shall not exceed 100 GRT and the length of driftnet used shall not exceed 2.5 kilometers.
4. Any ROC fishing vessel shall not operate driftnet fishery without the authorization from the competent authority, and it shall not be modified to a driftnet fishing vessel, install with driftnet equipments, or in possession of driftnets or related equipments.
5. Any ROC fishing vessel shall not transship the catch of another fishing vessel which has been illegally conducting driftnet fishing.
6. Modification of any foreign fishing vessel to a driftnet fishing vessels, installation of driftnet equipments, possession of driftnets or related equipments, or transshipment of the catch of any fishing vessel which has been illegally conducting driftnet fishing, is prohibited within the territory of the Republic of China.
7. Any ROC national under employment by a foreign fishing vessel as captain, shall not carry driftnets or related equipments while operating or navigating on the high seas, or shall not transship catch from another fishing vessel which has been illegally conducting driftnet fishing.
8. Anyone who violates the provisions of Article 2, 3, 5, or 7 shall be liable to criminal prosecution in accordance with Article 61 of the Fisheries Act, and in addition, be penalized in accordance with Article 10 of the same Act.
9. Anyone who violates the provisions of Article 4 shall be liable to criminal prosecution in accordance with Article 61 of the Fisheries Act, and in addition, be penalized in accordance with Article 10 of the same Act, and his vessel shall not be permitted to leave port before removal of the driftnets and dismantle of related equipments.
10. Any foreigner who violates the provisions of Articles 3 and 6 shall be liable to criminal prosecution in accordance with Article 61 of the Fisheries Act, and in addition, his vessel shall not be permitted to leave port before removal of the driftnets and dismantle of related equipments.