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Marine Protection

Last Update:2015-12-18
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Restricted Acts in Marine Protected Areas and their Penalties

Principles in Dealing with Areas of MPAs under the Jurisdiction of Two or More Legislations
Restricted acts under the Fisheries Act

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 animals or plants.
(2) Restriction or prohibition of the sale or possession of aquatic animals or plants or the products made therefrom.
☆ Penalty for violating the above provisions: Imposition of imprisonment for not more than 3 years, detention, and/or a fine of not more than NT$150,000. (Article 60, paragraph 2)
(3) Restriction or prohibition of the use of fishing gears and fishing methods.
☆ Penalty for violating the above provisions: Imposition of imprisonment for not more than 6 months, detention, and/or a fine of not more than NT$30,000. (Article 61)
(4) Restriction or prohibition of fishing area and fishing period.
(9) Other matters as deemed necessary.
☆ Penalty for violating the above provisions: Imposition of a fine between NT$30,000 and 150,000. (Article 65)

Article 48, paragraph 1
Aquatic animals or plants shall not be caught or harvested by the use of:

(1) Toxic substances.
(2) Explosives or other dynamites.
(3) Electricity or other narcotics.
☆ Penalty for violating the above provisions: Imposition of imprisonment of not less than 1 year and not more than 5 years, detention, and/or a fine not exceeding NT$150,000. (Article 60, paragraph 1)

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:

(4) The prescription of regulations governing the operation of fishing grounds and fishing vessels.
☆ Penalty for violating the above provisions: Imposition of a fine of not less than NT$30,000 and not more than 150,000. (Article 65)

Restricted acts under the National Park Law

Article 13
The following activities shall be prohibited within the national parks:

(2) Hunting animals or catching fish.
(3) Polluting water or air.
☆ Penalty for violating the above provisions: Imposition of a fine of not more than 1,000 yuan; if the circumstances of the offense are so intense as to cause serious damage to the environment, imprisonment for not more than 1 year, detention, and/or a fine of not more than 1,000 yuan. (Article 25)
(8)Any conduct prohibited by the national park authorities.
☆ Penalty for violating the above provisions: Imposition of a fine of not more than 1,000 yuan. (Article 26)

Article 14
Within existing use areas or recreation areas, the following activities may be allowed after obtaining permission from the national park headquarters:

(1) Building or demolishing public or private structures, roads, or bridges.
☆ Penalty for violating the above provisions: Imposition of a fine of not more than 1,000 yuan; if the circumstances of the offense are so intense as to cause serious damage to the environment, imprisonment for not more than 1 year, detention, and/or a fine of not more than 1,000 yuan. (Article 25)
(5) Fishing or livestock grazing.
(10) Any permission given under the above articles which affects a large area or is of particular importance shall be submitted by the National Park Headquarters to the Ministry of Interior for approval.
☆ Penalty for violating the above provisions: Imposition of a fine of not more than 1,000 yuan. (Article 26)

Restricted acts under the Wildlife Conservation Act

Article 10, paragraph 4
In the conservation plan for the Wildlife Refuge, the Authorities may announce restrictive measures regarding the following:

(1) Disturbance, abuse, hunting or killing of general wildlife.
☆ Penalty for hunting or killing wildlife: Imposition of a fine between NT$50,000 and 250,000 (Article 50, paragraph 1).
☆ Penalty for disturbing or abusing wildlife: Imposition of a fine between NT$20,000 and 100,000 (Article 50, paragraph 2).
(2) Collection or cutting of plants.
(3) Pollution or destruction of the environment.
(4) Other prohibited or approved actions.
☆ Penalty for violating the above provisions: Imposition of a fine between NT$50,000 and 250,000 (Article 50, paragraph 1).

Article 18, paragraph 1
Protected wildlife should be conserved and shall not be disturbed, abused, hunted, killed, or otherwise utilized.

☆ Penalty for hunting or killing protected wildlife: Imposition of imprisonment for not less than 6 months and not more than 5 years, and/or a fine between NT$200,000 and 1,000,000; if any of the offenses are committed in designated wildlife refuges, the offender shall be subject to additional 1/3 of the prescribed penalty. (Article 41)
☆ Penalty for disturbing or abusing protected wildlife: Imposition of imprisonment for not more than 1 year, detention, and/or a fine between NT$60,000 and 300,000; if such acts have caused the death of the wildlife, the offender shall be subject to imprisonment for not l more than 2 years, detention, and/or a fine between NT$100,000 and 500,000y. (Article 42)

Article 19, paragraph 1
Hunting shall not be undertaken by the following methods:

(1) Use of dynamite or explosives.
(2) Use of poisons.
(3) Use of electricity, narcotics or other paralysis methods.
(4) Use of nets set up on land.
(5) Use of traps, snares, or other hunting equipment.
☆ Penalty for violating the above provisions: Imposition of a fine between NT$60,000 and 300,000 (Article 49).

Restricted acts under the Statute for the Development of Tourism

The Regulations Governing the Management of Designated Scenic Areas, Article 14, paragraph 1
The following activities are prohibited in designated scenic areas unless prior approval or consent has been granted by the competent authority for related matters:

(3)Catching fish or shellfish and removing coral or algae.
(4)Collecting specimens.
(5)Aquatic farming.
☆ Penalty for violating the above provisions: Those who damage famous landmarks, natural resources or tourist facilities in tourism locations or designated scenic spots, shall be fined by the competent authorities for the related matters up to NT$50,000. The competent authorities may order the offender to recover the damaged objects to the original state or compensate for the restoration costs. Should the damage be irreparable, the competent authorities may impose an additional fine up to NT$5 million. (The Statute for the Development of Tourism, Article 62, paragraph 1)

The Regulations Governing Water Recreation Activities, Article 8

(4) Shall not cause water pollution or damage the natural environment or natural landscape,
☆ Penalty for violating the above provisions: Those who engage in aquatic leisure activities in publicly announced prohibited areas, or who defy the restrictive orders issued by the competent management authority of the aquatic leisure activities regarding the types, range, time, and conducts of permissible activities in the aquatic area, shall be fined between NT$ 5,000 and 25,000, with their activities banned. In the event that the aforementioned acts have profit-taking nature, the offenders shall be fined between NT$15,000 and 75,000, with their activities banned. (The Statute for the Development of Tourism, Article 60)

The Regulations Governing Water Recreation Activities, Article 17

(3) Any person engaged in snorkeling or scuba diving activity shall not carry a spear gun, shoot fish, or catch marine animals.
☆ Penalty for violating the above provisions: Those who engage in aquatic leisure activities in publicly announced prohibited areas, or who defy the restrictive orders issued by the competent management authority of the aquatic leisure activities regarding the types, range, time, and conducts of permissible activities in the aquatic area, shall be fined between NT$ 5,000 and 25,000, with their activities banned. In the event that the aforementioned acts have profit-taking nature, the offenders shall be fined between NT$15,000 and 75,000, with their activities banned. (The Statute for the Development of Tourism, Article 60)

Restricted acts under the Cultural Heritage Preservation Act

Article 84, paragraph 1
Any alteration or damage to the original natural status of Natural Reserves shall be prohibited.

☆ Penalty for violating the above provisions: The offender is liable to imprisonment up to five years, detention, and/or a fine of NT$200,000 to NT$1 million. (Article 94)

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