海洋保護區以外海洋其他有效保育措施之區域認定辦法

These regulations are enacted to govern the application process for other effective area-based conservation measures (OECMs) in the areas other than marine protected areas (hereinafter referred to as the “Marine OECMs”) and to establish clear criteria for recognition of such areas in accordance with Paragraph 2, Article 6 of the Marine Conservation Act (hereinafter referred to as the Act).

1The terms used in these Regulations are defined as follows:

21. Marine Protected Areas: refer to the marine protected areas specified in various subparagraphs of Paragraph 1, Article 6 of the Act.

32. Marine OECMs: refer to areas that meet the requirements of Paragraph 1, Article 4 of these Regulations and are defined by the central competent authority in accordance with these Regulations.

43. Management entities: refer to any agencies (institutions), legal persons, or organizations that have management rights over Marine OECMs or Potential Marine OECMs.

1The term “areas of significant biodiversity value” as used in these Regulations refers to sea areas or land areas adjacent to the sea areas that meet any of the following requirements:

21. Uniqueness or rarity of natural resources.

32. Special importance for life history stages of species.

43. Importance for threatened, endangered, or declining species and/or habitats.

54. Vulnerability, relative fragility, sensitivity, or slow recovery.

65. Relatively high biological diversity and biological productivity.

76. Maintenance of the status of relative naturalness.

87. Marine or coastal ecosystems with high carbon sink capacity.

98. Undervalued natural ecosystems within important ecological networks.

10

1Marine OECMs shall meet the following requirements:

21. Clearly defined sea areas or land areas adjacent to the sea areas.

32. Not marine protected areas.

43. Areas of significant biodiversity value.

54. Management systems are in place to realize the ecosystem service functions and values.

65. Long-term, sustained, and effective contributions to in-situ conservation of significant biological diversity.

76. The management system has taken into account the fairness and reasonableness of stakeholders.

87. Other requirements announced by the central competent authority.

9Where an area meets any of the requirements set forth in Subparagraphs 1 to 4 of the preceding paragraph, the central competent authority may, upon application or recommendation pursuant to Paragraph 1, Article 7 of these Regulations, recognize the area as a Potential Marine OECM.

1A management entity applying for recognition of a Potential Marine OECM shall submit an application form along with the following information to the central competent authority:

21. The Chinese and English names of the area under application.

32. The name of the applicant, the name of the management entity, the representative and his/her address, and contact information.

43. The boundaries of the area under application, and the name, land ownership, longitude and latitude coordinates of the boundaries, area, and maps of each subzone.

54. Supporting documents that meet the requirements of Subparagraphs 2 to 4 of Paragraph 1 of the preceding article.

65. Other documents specified by the central competent authority.

1A management entity applying for recognition of a Marine OECM shall submit the materials mentioned in the preceding article and the following information to the central competent authority:

21. Supporting documents that meet the requirements of Subparagraphs 5 to 7, Paragraph 1 of Article 4.

32. Letters of consent from the owners, usufruct holders, or other relevant rights holder of the area under application.

43. The permitted use items, management entity, management plan, and an overview of the operation of the area under application.

54. Ecological resource report of the area under application.

65. Current environmental conditions, with descriptions in the form of photographs, videos, images, maps, or nautical charts.

76. A description of the fairness and reasonableness of the management system and the status of communication with stakeholders.

87. Other information specified by the central competent authority.

1Entities other than the management entities may submit relevant materials that meet the requirements of Subparagraphs 1 to 4, Paragraph 1 of Article 4 to the central competent authority to propose the recognition of a Potential Marine OECM.

2The central competent authority shall review the proposal referred to in the preceding paragraph and respond regarding the handling status. If the area is recognized to be a Potential Marine OECM after review, the central competent authority shall notify the management entity of the area in writing to apply for recognition of the area as a Marine OECM in accordance with the provisions of the preceding article.

If the application documents or proposal materials submitted pursuant to the preceding three articles are incomplete but correctable in nature, the central competent authority may notify the applicant to make corrections within a specified period. If corrections cannot be made, are not made within the specified period, or are incomplete, the application or proposal will be rejected.

1The central competent authority may convene a meeting to review applications or proposals under Articles 5 to 7 of these Regulations. Where necessary, it may invite scholars, experts, and representatives of authorities to conduct on-site inspections in conjunction with the management entities and prepare the inspection records for submission to the review meeting.

2The notice of the inspection referred to in the preceding paragraph shall be served on the management entity seven days prior to the inspection.

1When the central competent authority recognizes, modifies, abolishes, or revokes a Potential Marine OECM or a Marine OECM, it shall publicly disclose the following information:

21. Date and document number of identification, modification, abolition, or revocation.

32. The reasons for identification, modification, abolition or revocation and the legal basis thereof.

43. The management entity and management system.

54. The boundaries of the area, and the name, land ownership, longitude and latitude coordinates of the boundaries, area, and maps of each subzone.

65. An overview of the ecological environment within the area and the reasons why it qualifies to be recognized as an area of significant biodiversity value.

76. Other information that the central competent authority determines should be disclosed.

8The information referred to in the preceding paragraph shall be published on the Internet, dedicated web pages, or by other appropriate methods to make it widely known. However, disclosure may be restricted in cases involving national security, military secrets, or ecologically sensitive areas.

The management entities may, due to changes in circumstances or adjustments to management systems, apply mutatis mutandis the provisions of Article 5 or Article 6 hereof to submit revised information and apply to the central competent authority for changes in the boundaries or content of the recognized area.

1The management entities shall submit an effectiveness evaluation report to the central competent authority for review within three months prior to the expiration of every five-year period from the day following the date of recognition.

2The evaluation report referred to in the preceding paragraph shall include supporting documents in compliance with the provisions of Article 4 hereof, a comprehensive analysis of the biological diversity and ecological and environmental changes of the area, etc.

1In any of the following circumstances, the central competent authority may revoke or abolish all or part of the recognition of a Potential Marine OECM or Marine OECM:

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

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

43. The area violates the Act, other laws and regulations, or recognized management systems.

54. The area fails to meet the conditions set forth in Paragraph 1, Article 4 of these Regulations.

65. The effectiveness evaluation report is not submitted within the period specified in Paragraph 1 of the preceding article.

The application form for recognition of a Potential Marine OECM or a Marine OECM shall be announced by the central competent authority.

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