Hualien District Fishermen’s Association Exclusive Fishing Right

Fishing Right Holder: Hualien District Fishermen’s Association

Approval No.: Nong-Yu-Zhuan No. 14

1. Approved position, area and range:
Area extending 3 nautical miles seaward from mean low tide line of the coast under the jurisdiction of Hualien County (Base Point A27: 24^o17.67’N, 121^o49.49’E; Base Point A28: 24^o18.85’N, 121^o46.44’E; Base Point A29: 24^o09.04’N, 121^o43.18’E; Base Point A30: 24^o00.83’N, 121^o42.10’E; Base Point A31: 23^o25.04’N, 121^o32.85’E; Base Point A32: 23^o26.10’N, 121^o29.74’E), but not including fisheries resources conservation areas, set-net fishing right fishery areas, Recreational Sub-Area in Jiqi Area, and port areas and their navigational passages, and other exclusive waters publicized by the government in accordance with the relevant laws and regulations. (Attachment 1 chart of fishing ground, Attachment 2 Coordinates in Longitudes and Latitudes of range of areas not included.)

2. Approved area: 564.74 square kilometers

3. Approved Duration: 8 October 2012 to 7 October 2022

4. Approved types of fisheries: gill-net fishery, ring net fishery, hook and line fishery, troll fishery, longline fishery, spear fishery, and larval fishery.

5. Restrictions or affiliated conditions:

(1) Under the principle of taken from the public and using by the public, holder of the fishing right shall allocate 100% access fee, for full input to the management and building of fishing ground, and implemented in accordance with the conditions set forth in Attachment 3.

(2) Holder of fishing right shall carry out conservation of resources and preservation of the marine environment in accordance with the rules prescribed in the business plan, and provide annual report in writing on every 31 January. Upon review of the Council of Agriculture (performed bi-annually), in case the approved conditions prescribed in the Attachment have not been performed, the exclusive fishing right license shall be subject to revocation in its entirety or in part in accordance with the Administrative Procedure Act, article 123, and the holder shall have no right to request for recourse.

(3) Approved scope of exclusive fishing right, precluding the use of the following sea areas which have been duly publicized:

i. Port areas and their navigational passages of naval ports, commercial ports, ports for exclusive use, fishing ports, and marinas.

ii. Areas of national parks.

iii. Areas which have been occupied but have completed exclusive fishing right compensation.

iv. Mine and excavation areas which have been approved in accordance with the Mining Act, and Sand and Gravel Excavation Act, and are still effective.

v. Any areas due for exclusive use which have been publicized by the central or local government in accordance with the applicable law.

(4) In areas prescribed as follows, for joint uses, the operations of exclusive fishing right are to be conducted under restrictions or the conditions as set forth in the Attachment, and the holder of the exclusive fishing right shall have no right of recourse:

i. All kinds of protected areas (such as marine protected areas, coral reef protected areas), natural reserves, artificial reef areas and wetlands, which have been publicized by the government according to law.

ii. Restrictions or prohibitions as publicized by the competent fisheries authorities in accordance with article 44 of the Fisheries Act.

iii. Areas where facilities are already in existence: such as fuel oil offloading buoys at sea, water inlet and outlet vents of power plants, etc.

iv. Areas publicized by the government according to law, for specific uses, while not prohibiting fishing activities.

(5) The extent of fishing access to the exclusive fishing right shall be subject to restrictions of fisheries conservation measures on fishing gears, fishing methods, fishing periods as publicized by the government according to law.

(6) Principles in dealing with matters involving Taiwan Strait Mine Areas 1 and 2 of China Petroleum Corporation of Taiwan by the exclusive fishing right:

i. Before 14 June 2013, exclusive fishing right and mining right will co-exist, and the exclusive fishing right holder shall have no right of recourse.

ii. After 15 June 2013, when approving exclusive mining right, article 29 of the Fisheries Act shall apply.

6. Types and names of fisheries, types of fishing gears, catches, and fishing periods:

7. Chart of fishing ground:

8. Areas precluded in longitudes and latitudes: Attachment 2, Areas precluded, in longitudes and latitudes (Hualien)