海洋保育法

This Act is enacted to protect the marine ecological environment, conserve marine biodiversity, reasonably utilize marine biological resources, coordinate and promote the planning and implementation of marine protected areas, and promote marine conservation education.

1The competent authority referred to in this Act shall be the Ocean Affairs Council at the central government level, the government of a special municipality at the special municipality level, and the county (or city) government at the county (or city) level.

2The jurisdictional scope of the competent authorities of the special municipality or county (city) referred to in the preceding paragraph shall be announced by the central competent authority.

1The terms used in this Act are defined as follows:

21. Marine life: refers to marine animals, marine plants, and other marine organisms.

32. Marine biodiversity: refers to the variability of living organisms in all marine areas, including diversity within species, among species, and among ecosystems.

43. Conservation: refers to the protection, restoration, and management of marine life based on the principles of marine biodiversity and natural ecological balance.

54. Marine protected area: refers to a marine area or an adjacent land area that contains biodiversity, special natural landscapes, cultural assets, or ecological resources for sustainable use, etc., which is designated and protected in accordance with the provisions of this Act or other laws.

65. Marine sanctuary: refers to the marine protected area designated in accordance with this Act, which may be managed through zoning, including core zones, buffer zones, and sustainable-use zones.

76. Core zone: refers to an area designated for the long-term protection of marine life, ecological environment, and biodiversity, as well as for academic research. This zone shall be strictly protected, restricting personnel access and prohibiting all development and utilization activities.

In order to achieve the goal of marine biodiversity, the competent authorities shall adopt various marine conservation measures to protect the habitats of marine life, and coordinate and promote the integrated planning and implementation of marine protected areas.

Before designation, modification, or abolition of marine sanctuaries, and formulation of marine sanctuary conservation plans, the central competent authority shall, in conjunction with the central competent authority of the indigenous peoples, conduct the process in accordance with the regulations of the Indigenous Peoples Basic Law and the Ocean Basic Act for the parts involving the land and marine areas that belong to indigenous people.

1The types of marine protected areas specified in this Act include the following marine areas or adjacent land areas:

2(1) Wildlife refuge

3(2) Major Wildlife Habitats

4(3) National parks and national natural parks

5(4) Marine resource protected area in designated national scenic areas

6(5) Aquatic organisms propagation and conservation zone

7(6) Underwater cultural heritage protection area

8(7) Natural reserves

9(8) Geoparks

10(9) Important wetlands

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1The central competent authority shall develop overall marine protected area management policies and guidelines, in conjunction with each central competent authority and report them to the Executive Yuan for approval before implementation. The same shall apply to changes in such policies and guidelines.

2The content of the overall marine protected area management policies and guidelines set forth in the preceding paragraph shall include the following matters:

3(1) Policy objectives

4(2) Classification and grading of marine protected areas

5(3) Planning and management of marine protected areas

6(4) Monitoring of marine protected areas

7(5) Review and effectiveness evaluation of marine protected areas

8(6) Other matters related to the management of marine protected areas

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1The central competent authority may designate the marine ecosystems as marine sanctuary areas if they require special protection and have not been designated as marine reserves by other competent authorities.

2To handle the business referred to in the preceding paragraph, the central competent authority shall set up a review committee composed of experts and scholars, indigenous peoples, fishermen groups, conservation groups, and other non-governmental organizations, as well as representatives from relevant agencies. Among the committee members, representatives without official status shall constitute no less than half of the total membership, and representatives from indigenous and fishermen groups shall together constitute no less than one-third of the total membership.

3Resolutions of the meetings of the review committee shall be adopted with the attendance of more than half of the members and the approval of more than two-thirds of those present.

4If the designation of the core zone of a marine sanctuary causes special sacrifices to the existing users of the zone, the affected users shall be compensated.

5The standards for designation, modification, and abolition procedures of the marine sanctuary mentioned in Paragraph 1; the establishment, composition, and operation of the review committee mentioned in Paragraph 2; the conditions and standards for compensation mentioned in the preceding paragraph; and other related matters shall be prescribed by the central competent authority.

1After designation of a marine sanctuary, the central competent authority shall, in consultation with the relevant authorities, formulate a marine sanctuary conservation plan, make it available for public exhibition for 30 days, and hold a public hearing. The same shall apply when the marine sanctuary is modified or abolished.

2The dates and location of the public exhibition and public hearing referred to in the preceding paragraph shall be published in government gazettes, newspapers, online, or widely publicized through other appropriate means. Individuals, legal persons, or organizations may submit their opinions to the central competent authority in writing, stating their names and addresses, during the period of the public exhibition.

3After announcing the implementation of the marine sanctuary conservation plan, the central competent authority shall publish the plan in government gazettes or newspapers, online, or by other appropriate methods to make the plan widely known.

1No person or vehicle is allowed to enter the core zone of a marine sanctuary except for one of the following circumstances:

2(1) National security or military purposes.

3(2) Official purposes including marine area patrol, criminal investigation, fishery patrol, pollution prevention and control, shipwreck rescue, installation and management of aids to navigation, marine conservation, preservation or management of underwater cultural heritages, etc.

4(3) Vessels passing through the area continuously and rapidly without engaging in activities other than navigation.

5(4) Scientific research, monitoring, or investigation activities approved by the central competent authority.

6Regulations governing the procedures for applying for approval as mentioned in Subparagraph 4 of the preceding paragraph, documents to be attached, deliberation operations, revocation of approval, and other related matters shall be prescribed by the central competent authority in consultation with relevant authorities.

1In the buffer zone of a marine sanctuary, the following acts are prohibited unless permitted by the central competent authority. However, this shall not apply in the circumstance specified in Subparagraph 1 or Subparagraph 2 of the proviso of Paragraph 1 of the preceding article.

2(1) Aquaculture.

3(2) Harvest of marine life.

4(3) Excavation and dredging of waterways or construction of maritime projects.

5(4) Installation of electrical cables, pipelines, facilities, or constructions.

6(5) Engagement in prospecting or mining.

7Those who engage in acts set forth in Subparagraph 1 or Subparagraph 2 of the preceding paragraph are exempted from the applying for a permit if they meet the requirements announced by the central competent authority, including the type, quantity, method, scope or period.

1In the sustainable-use zone of a marine sanctuary, engaging in the following activities is prohibited unless permitted by the central competent authority. However, this shall not apply in the circumstance specified in Subparagraph 1 or Subparagraph 2 of Paragraph 1 of Article 10:

21. Excavation and dredging of waterways or construction of maritime projects.

32. Installation of electrical cables, pipelines, facilities or constructions.

43. Engagement in prospecting or mining.

Regulations governing the conditions for applying for a license as mentioned in the preceding two articles, application procedures, revocation of the license, and other related matters shall be prescribed by the central competent authority.

1In order to conserve marine life, the central competent authority shall announce the following matters in consultation with the competent authorities of relevant sectors:

2(1) Restrictions, prohibitions, or other matters to be complied with in respect of marine recreation or leisure activities.

3(2) Restrictions, prohibitions, or other matters to be complied with in respect of marine navigation, activities, or operations of vessels.

4(3) Restrictions, prohibitions, or other matters to be complied with in respect of the use of fishing equipment in the ocean.

5(4) Other restrictions, prohibitions, or other matters to be complied with in respect of human activities related to the conservation of marine life.

6The provisions of Paragraph 2 of Article 8 shall apply mutatis mutandis when the central competent authority handles the business referred to in the preceding paragraph.

1In order to carry out marine living resources surveys or marine sanctuary conservation plans, the competent authorities or commissioned agencies (institutions), legal persons, or groups may dispatch personnel, upon presenting supporting documents, to enter public or private lands, premises, or marine areas to conduct surveys and implement conservation measures. Where military secrets are involved, the surveys shall be carried out in the company of the competent military authorities.

2In the circumstances specified in the preceding paragraph, the owner, user, or manager of public or private lands, premises or marine areas shall not evade, obstruct or refuse.

3When conducting the surveys or implementing various conservation measures stipulated in Paragraph 1, the competent authority shall notify the owners, users, or managers of public or private lands, premises or marine areas in advance in the case of lands with enclosure or implementation of various conservation measures. If the notice is not served, it may be given by way of public announcement.

4The investigation agencies (institutions), legal persons, groups, or conservation personnel shall strictly follow due legal procedures to conduct the investigations or implement various conservation measures in a manner consistent with the principle of proportionality and shall maintain confidentiality of any industrial, commercial and military secrets encountered during the investigation.

5If the owners or users of public or private lands, premises or marine areas suffer losses due to special sacrifice as a result of the investigations or implementation of conservation measures referred to in Paragraph 1, they shall be compensated.

1The competent authority may assign marine conservation observers to engage in tasks including observation, monitoring, and data collection on or around ships, marine facilities, maritime projects, and may request assistance from coast patrol agencies or police agencies if necessary.

2In the circumstances specified in the preceding paragraph, the owners, users, or managers of the ships, marine facilities, or maritime projects shall not evade, obstruct or refuse.

3When the marine conservation observers perform tasks such as observation, monitoring, and data collection, the owners, users or managers of ships, marine facilities, or maritime projects shall provide round-trip transportation.

4Regulations governing marine conservation observers’ obtaining and revocation of qualifications, training, management, and other related matters shall be prescribed by the central competent authority.

1The competent authorities may reward law enforcement officers, the public, legal persons or groups who actively participate in or assist the competent authorities in cracking down or reporting violations of this Act.

2The competent authorities shall keep confidential the identities of those who actively participate in or assist the competent authorities in cracking down or reporting violations of this Act as stated in the preceding paragraph.

3Regulations governing the recipients, criteria, and scope of rewards and incentives as well as other related matters specified in Paragraph 1 shall be prescribed by the central competent authority.

The competent authorities shall develop professionals with expertise in marine conservation and biodiversity, and promote educational programs on marine conservation and biodiversity to enhance the public's understanding of marine biodiversity.

In order to promote marine conservation and protection and sustainable use of marine biodiversity, the competent authorities may independently or through international organizations and academic research institutions engage in international cooperation and give incentives or subsidies to people, non-governmental organizations, and aboriginal tribes for their participation in international exchange activities.

1In order to carry out the restoration of marine life, the competent authority or the central competent authority of the target enterprises may, on its own or through the other commissioned agencies (institutions), legal persons, fishermen's associations, or groups, carry out the following restoration measures in accordance with the principles for implementing marine life restoration:

2(1) Installation of artificial restoration facilities.

3(2) Breeding or releasing marine animals into their natural habitat.

4(3) Planting of marine plants.

5(4) Other necessary measures for restoration.

6Before agencies (institutions), natural persons, legal persons or groups other than those mentioned in the preceding paragraph carry out restoration measures on their own, they shall propose a restoration plan in accordance with the principles set forth in the preceding paragraph and obtain approval from the competent authority before implementing the measures.

7The principles of handling marine life restoration measures in Paragraph 1 shall be established by the central competent authority in conjunction with the central competent fishery authority.

1The perpetrator or the driver of land and sea vehicle, or the captain who enters the core zone of the marine sanctuary in violation of the provisions of Paragraph 1 of Article 10 shall be subject to a fine of not less than NT$50,000 and not more than NT$500,000.

2Any person who unintentionally enters the core zone of a marine sanctuary and is advised to leave shall not be penalized. However, this does not apply to those who have been advised to leave and violated the law again within the past two years.

Any person who, in violation of the provisions of Paragraph 1 of Article 11, engages without permission in prohibited acts specified in the paragraph within the buffer zone of the marine sanctuary shall be punished with a fine of not less than NT$30,000 and not more than NT$300,000. However, this does not apply to the activities of indigenous people based on their traditional culture, rituals, and subsistence needs.

1In any of the following circumstances, a fine of not less than NT$10,000 and not more than NT$150,000 shall be imposed:

21. Violation of the provisions of Article 12 by engaging in the prohibited acts within the sustainable-use zone of a marine sanctuary without permission.

32. Violation of the announcements made in Paragraph 1 of Article 14.

1In any of the following circumstances, a fine of not less than NT$20,000 and not more than NT$100,000 shall be imposed:

21. Violation of paragraph 2 of Article 15 by evading, obstructing, or refusing to carry out the investigations of marine living resources or implement the marine sanctuary conservation plans without justifiable reasons.

32. Violation of paragraph 2 of Article 16 by evading, obstructing, or refusing the marine conservation observers to carry out observation, monitoring, or data collection without justifiable reasons.

Any person who violates Paragraph 2 of Article 20 and independently carries out restoration measures without the consent of the competent authority shall be punished with a fine of not less than NT$50,000 and not more than NT$150,000. However, this does not apply to the conservation activities of indigenous people based on their traditional culture, rituals and subsistence needs.

1Any person who violates the provisions of Paragraph 1 of Article 10, Paragraph 1 of Article 11, Article 12, or the matters announced in Paragraph 1 of Article 14 shall be ordered by the competent authority to attend a marine conservation course ranging from 2 to 12 hours.

2The marine conservation courses referred to in the preceding paragraph shall include courses on knowledge of indigenous peoples and indigenous biodiversity.

3Any person who refuses to attend the marine conservation course mentioned in Paragraph 1 or does not take the course in sufficient hours shall incur a fine of not less than NT$3,000 and not more than NT$10,000. If he/she still refuses to take the course or fails to make up the hours within a specified period after receiving a notice, he/she may be fined repeatedly until he/she attends the course or makes up the hours.

4Regulations governing the content, target subjects, methods, and other related matters of the marine conservation courses in Paragraph 1 shall be prescribed by the central competent authority.

1Any person who violates the provisions of this Act and is punished in accordance with the provisions of Articles 21 to 23 must restore the damaged to its original state. If it is impossible to restore to the original state or if restoration poses significant difficulties, he/she shall be liable to compensate for the damages.

2The necessary expenses incurred for investigation and restoration of the original state shall be borne by the party liable for compensation.

1When a perpetrator violates this Act or the regulations and orders made under the authority of this Act and the competent authority fails to enforce the law, the victims or public interest groups may notify the competent authority in writing of the details of the negligent enforcement. If the competent authority still fails to carry out enforcement in accordance with the law within sixty days after receiving the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with a high administrative court based on the failure of the competent authority to fulfill its enforcement duties to seek a ruling ordering the competent authority to carry out enforcement.

2When making a verdict on the lawsuit in the foregoing paragraph, the high administrative court pursuant to its authority may order the defendant competent authority to pay the appropriate attorney fees, appraisal fees, and other litigation costs to plaintiffs who have made specific contributions to the protection of marine conservation.

3The central competent authority in consultation with the relevant agencies shall determine the format of the written notification in Paragraph 1.

Before the central competent authority designates a marine protected area in accordance with the provisions of Article 8, any person who has legally obtained the consent from the relevant competent authority in the marine area to install electrical cables, pipelines, facilities or structures, engage in prospecting or mining, or other permitted or approved activities shall not be subject to the restrictions stipulated in Articles 10 to 12, and may continue such permitted or approved activities until the expiration of their validity period.

The rules for enforcement of this Act shall be formulated by the central competent authority.

The effective date of this Act shall be determined by the Executive Yuan.