海洋庇護區之核心區從事科學研究監測或調查活動同意辦法

These regulations are formulated in accordance with the provisions of Paragraph 2, Article 10 of the Marine Conservation Act (hereinafter referred to as the Act).

The term “marine scientific research, monitoring, or survey activities” as used in these Regulations refers to activities that utilize vessels, vehicles, instruments, personnel, or other scientific technologies to conduct investigations, monitoring, exploration, or research on marine geology, physics, chemistry, ecology, underwater acoustics, marine meteorology, topography, seabed, rock cores, marine industries, socio-economics, or culture.

1Those conducting marine scientific research, monitoring, or survey activities within the core zone of a marine protected area shall comply with the following regulations:

21. To ensure that the use of research data does not compromise the security, interests, or order of the sea areas of the Republic of China.

32. Not to harm the marine environment or ecology.

43. To comply with other relevant laws and regulations.

The applicants under these Regulations shall be limited to natural persons with the nationality of the Republic of China, legal persons, organizations, or agencies (institutions) duly established in accordance with the law.

1Those conducting marine scientific research, monitoring, or survey activities within the core zone of a marine protected area must submit a research plan application form and related information to the central competent authority four months in advance, and such activities may only be conducted upon approval.

2If an application is not submitted within the period specified in the preceding paragraph, the central competent authority may still accept the application if it deems that there are justifiable reasons.

3The content and format of the research plan application form referred to in Paragraph 1 shall be prescribed by the central competent authority.

4Those who are assigned or commissioned by the central competent authority to conduct marine scientific research, monitoring, or survey activities shall be exempt from the application requirements set forth in Paragraph 1.

1The central competent authority shall complete the review of an application within four months from the day following its receipt of the application and shall notify the applicant of the review results in writing, with copies sent to relevant agencies.

2If necessary, the review period referred to in the preceding paragraph may be extended once, with written notice sent to the applicant. The extension shall not exceed four months.

3If the application documents do not comply with the regulations and require corrections, the central competent authority shall notify the applicant in writing to make the corrections within a specified period. The correction period shall not be included in the review period and shall not exceed sixty days.

4If the application is not corrected within the period specified in the preceding paragraph or the correction is incomplete, the application will be rejected.

5The application referred to in the first paragraph shall be reviewed in writing in principle. Where necessary, relevant agencies, scholars and experts may be invited to attend a meeting for review.

1After a research plan application is approved, if it is necessary to change the implementation personnel, location, time, method, or content of the plan during the implementation period, such changes must be reported to the central competent authority for approval one month in advance before any changes can be made.

2If an application is not submitted within the period specified in the preceding paragraph, the central competent authority may still accept the application if it deems that there are justifiable reasons.

1The applicant shall, within one year after the completion of the plan, submit a complete report on the results of the marine scientific research, monitoring, and survey activities, as well as other documents, photos, and audio/video materials specified by the central competent authority, to the central competent authority for record-keeping in a manner that does not impair their scientific value. However, this requirement does not apply to matters involving national security or classified information.

2The data files for the results report referred to in the preceding paragraph shall primarily be machine-readable structured data, or provided through an application program interface. For data involving spatial information, location information and metadata should be attached.

1The central competent authority may dispatch personnel to inspect the carrying out of marine scientific research, monitoring, or survey activities at any time, and the applicant shall cooperate with such inspections.

2If the applicant is found, through inspection, to have failed to comply with the approved plan, the central competent authority shall notify the applicant to make improvements.

3Personnel who have been approved to enter the core zone of a marine sanctuary shall carry the approval documents and identification documents at all times for verification.

1In any of the following circumstances, the central competent authority may revoke or abolish part or all of its approval:

21. The application contains false or untrue information, or false documents are provided.

32. The approval is obtained through fraud, coercion, or other improper means.

43. The marine scientific research, monitoring, or survey activities are not conducted in accordance with the approved plan, and improvements are not made within the period notified by the central competent authority.

54. The laws, regulations or facts on which the approval is based have subsequently changed to the extent that failure to revoke the approval would have a significant impact on the core zone of the marine sanctuary.

65. The applicant refuses, obstructs, or evades the inspection or verification referred to in the preceding article without justifiable reasons.

76. The applicant fails to fulfill the responsibility attached to the approval.

87. The applicant violates laws or regulations.

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If an applicant violates the provisions of Paragraph 1, Article 10 of the Act and is penalized pursuant to Paragraph 1, Article 21 of the Act, any damages caused therefrom shall be restored to its original state. Where restoration to the original state is impossible or significantly difficult, the applicant shall compensate for the damages. The necessary expenses incurred from investigating the restoration to the original state shall be borne by the person who is liable for the compensation.

These Regulations shall come into force on July 1, 2025.