Tainan District Fishermen’s Association Exclusive Fishing Right

Fishing Right Holder: Tainan District Fishermen’s Association

Approval No.: Nong-Yu-Zhuan No. 15

1. Approved position, area and range:
Area extending 3 nautical miles seaward from mean low tide line along the coast between Bazhang Stream, Beimen District and Zengwen Stream, Qigu District, Tainan City, and not including areas of inter-tidal (Base Point A64: 23^o0.78’N, 120^o0.59’E; Base Point A65: 23^o2.54’N, 120^o2.81’E; Base Point A66: 23^o3.89’N, 119^o58.89’E; Base Point A67: 23^o19.89’N, 120^o3.6’E; Base Point A68: 23^o19.68’N, 120^o6.35’E), but not including areas of Masha Trench Recreation Area, Qigu Lagoon Area, Beimen Lagoon Area, and fishing port areas and their navigational passages. (Attachment 1 chart of fishing ground, Attachment 2 Coordinates in Longitudes and Latitudes of range of areas not included.)

2. Approved area: 182.5 square kilometers

3. Approved Duration: 1 April 2014 to 31 March 2024

4. Approved types of fisheries: gill-net fishery, push net fishery, and hook and line 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 (in principle, 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 whole 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 (Monument sites in core protected areas, designated scenic areas and ecological reserves).

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 restriction 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 types 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 use, while not prohibiting fishing activities.

(5) The extent of fishing access to exclusive fishing right shall be subject to restrictions of fisheries conservation measures on fishing gears, fishing methods, fishing seasons 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: Co-existence of exclusive fishing right and mining right. When approving exclusive mining right within the area of exclusive fishing right, article 29 of the Fisheries Act shall apply.

(7) In general restricted area within Taijiang National Park (20 m. isobaths along the coast and navigational passage area of Heishui Trench), without contravening the objectives and guidelines of the plan, the co-existence of the original pattern of utilization and the exclusive fishing right is permitted.

(8) During the construction of “No. 3 Submarine Cable of Chunghwa Telecommunication Corporation”, the holder of the exclusive fishing right shall have no right of requesting compensation, and within the area of common use, those who have the right of fishing access are prohibited from anchoring to avoid damaging the submarine cable.

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 (Tainan)