海洋生物資源調查及保育措施執行辦法

These Regulations are enacted in accordance with Paragraph 6, Article 15 of the Marine Conservation Act (hereinafter referred to as the Act).

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

21. Executing Agencies: refer to the competent authorities or agencies (institutions), legal persons, or organizations commissioned by the competent authorities to conduct marine biological resource surveys or implement conservation measures.

32. Military Authorities: refer to the Ministry of National Defense and its subordinate agencies (institutions), troops, and schools.

43. Compensation Authorities: refer to the agencies (institutions) to which personnel conducting marine biological resource surveys or implementing conservation measures under the Act belong or the agencies (institutions) that have been commissioned with such tasks.

1The types of marine biological resource surveys are as follows:

21. Biodiversity Survey: Collection, recording, and analysis of species richness, abundance, or distribution ranges

32. Population Dynamics Survey: Collection, recording, and analysis of species richness, densities, distribution ranges, or changes therein.

43. Ecosystem Survey: Collection, recording, and analysis of the composition or interactive relationships of various ecosystems, including coral reefs, mangroves, seagrass beds, rocky reefs, algal reefs, and deep sea.

54. Biological Resource Abundance Survey: Collection, recording, and analysis of the species richness, age structure, or resource abundance of specific species.

65. Environmental Impact Survey: Collection, recording, and analysis of the interactions between species and the environment as well as potential impacts.

76. Genetic Resource Survey: Collection, recording, and analysis of species’ genetic resources and genetic diversity, or analysis of their potential applications.

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1The following methods may be used to conduct marine biological resource surveys:

21. Direct Collection Method: Collection or measurement using various tools and equipment such as nets.

32. Visual Observation Method: Recording through visual inspection, aerial cameras, diving, underwater photography, or underwater vehicles, based on transects, sampling points, or sampling areas.

43. Acoustic Detection Method: Detection using sonar equipment or underwater hydrophones.

54. Individual Tracking: Tracking of individual movements by installing fixed or mobile monitoring equipment, and using internal or external tags or markers, or underwater receiving equipment.

65. Biochemical Analysis: Analysis of interspecies relationships through isotopic or nutrient composition analysis

76. Molecular Biology Method: Detections conducted with gene sequencing or environmental and genetic factors.

87. Modeling and Data Analysis: Establishment of models through big data analysis, employing remote sensing technology, satellite imagery, geographic information systems, or artificial intelligence.

1To carry out the marine sanctuary conservation plan, the following conservation measures may be implemented:

21. Monitoring: To investigate, conduct data analysis, or research on boundary delineation, ecology, or species.

32. Species Restoration: To reproduce or cultivate native species for enrichment, release, planting, or transplantation.

43. Habitat Maintenance: To remove obstacles that hinder species reproduction and survival, deploy artificial structures that facilitate species reproduction and survival, or remove invasive species.

54. Species Conservation: To restrict the harvesting area, harvesting season, or harvesting size for specific species.

65. Patrols and Inspections: To conduct regular or irregular inspections

7by personnel or through the use of technological tools such as drones.

86. Education and Outreach: To enhance marine environmental conservation education or outreach, and encourage public participation in conservation or restoration activities.

1Agencies (institutions), legal persons, or organizations commissioned by the competent authorities to conduct marine biological resource surveys or implement conservation measures shall prepare an implementation plan specifying the following matters. The plan shall be executed only after review and approval by the competent authorities:

21. Work items and scope

32. Implementation steps and methods

43. Executing units

54. Expected outcomes

65. Implementation schedule

76. Funding required

87. Follow-up tracking or management and evaluation mechanisms.

98. Other related matters.

1Where it is necessary to enter public or private lands, premises or sea areas to conduct marine biological resource surveys or implement conservation measures, written notices must be given the owners, users, or managers of such lands, premises, or sea areas at least thirty days in advance. However, in special circumstances or emergencies, prior notification may be made by telephone, followed by written notice within fifteen days thereafter. The written notice shall state the reasons for the special circumstances or emergencies.

2If the written notice referred to in the preceding paragraph cannot be served, service may be effected by public notice in accordance with the Administrative Procedure Act.

Personnel conducting marine biological resource surveys or implementing conservation measures shall present identification documents or display recognizable badges sufficient to identify themselves to the owners, users, or managers before entering public or private lands, premises, or sea areas.

Where marine biological resource surveys or conservation measures involve military areas or military secrets, relevant procedures must be completed in accordance with regulations, and entry shall be made in the company of the personnel from the competent military authorities.

The executing units and their designated personnel shall keep confidential any industrial, commercial and military secrets that obtained in the course of the inspection.

If the owners or users of public or private lands, premises or sea areas suffer special sacrifices or losses due to the carrying out of marine biological resource surveys or the implementation of conservation measures, they may claim for compensation from the compensation authorities. However, if such sacrifices or losses are attributable to the claimant, the amount of compensation may be reduced or exempted.

Compensation shall be in the form of monetary compensation and shall be limited to the actual losses suffered.

1A claim for compensation shall be submitted to the compensation authority in writing, specifying the following information and attaching relevant materials:

21. The name, date of birth, identification document number, and domicile or residence of the claimant, with a photocopy of the identification document attached. If the claimant is a legal person or organization, its name, principal office or place of business, and the name, identification document number, domicile or residence of its representative, along with a photocopy of the certificate of legal registration and the representative’s identification document should be provided.

32. The name, date of birth, identification document number, and domicile or residence of a legal representative if there is one, along with a photocopy of the identification document.

43. The name, date of birth, identification document number, domicile or residence of an appointed agent if there is one, along with a photocopy of the identification document and a power of attorney.

54. The subject matter of the claim for compensation, the facts of the damage, the grounds for the damage, and the evidence.

65. The compensation amount claimed.

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If the compensation authority determines that a claim for compensation does not comply with the procedures prescribed in the preceding article or that the authority of the agent is deficient, it shall set a period of not less than seven days to notify the claimant or his/her agent to provide supplements or make corrections. If the supplements or corrections are not made within the specified period or are incomplete, the application shall be rejected.

1With respect to a claim under Article 11 hereof, except for the circumstances set forth in the preceding article, if the compensation authority deems it necessary to provide compensation, it shall immediately negotiate with the claimant or the claimant’s agent.

2The compensation authority may invite relevant agencies, experts, scholars, or non-governmental organizations to assist in handling the matters referred to in the preceding paragraph.

1The compensation authority shall designate personnel to take minutes of negotiations.

2The minutes of negotiations should record the following items:

31. The place and date of the negotiation.

42. The claimant or the claimant’s agent present.

53. The case summary and case number of the negotiation.

64. The facts, reasons, and compensation amount claimed by the claimant.

75. The grounds for reduction or exemption of the compensation amount, and other material matters, including waiving the rights to claim for compensations derived from the same grounds and facts used for the claim.

86. The results of the negotiation. The personnel prescribed in subparagraphs 2 of the preceding paragraph shall affix their signatures or seal immediately following the last line of the negotiation minute.

1When an agreement is reached in a negotiation, a written agreement shall be made, stating the following items, signed or sealed by the claimant or the claimant’s agent present, and affixed with the official seal of the compensation authority:

21. The name, date of birth, identification document number, and domicile or residence of the claimant. If the claimant is a legal person or organization, its name, principal office or place of business, and the name, identification document number, domicile or residence of its representative.

32. The name, date of birth, identification document number, and domicile or residence of a legal representative or appointed agent if there is one.

43. The case summary and case number of the negotiation.

54. The place and date of the negotiation.

65. The compensation authority and compensation amount claimed.

76. The grounds for reduction or exemption of the compensation amount, and other material matters including waiving the rights to claim for compensations derived from the same grounds and facts used for the claim.

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1In case no agreement is reached, or no agreement is reached within sixty days from the date of initiation of the negotiation, the compensation authority shall directly issue a decision determining the compensation amount and specify in writing particulars prescribed in Paragraph 1 of Article 96 of the Administrative Procedure Act and the following particulars:

21. The ground(s) for no agreement having been reached.

32. The compensation authority and the compensation amount it directly determines.

43. The grounds for reduction or exemption of the compensation amount, and other material matters.

5The provisions on service as prescribed in Paragraph 2 of the preceding article shall apply mutatis mutandis to the compensation determined in the preceding paragraph.

The funds required for compensation shall be budgeted by the compensation authority.

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