碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 95 / Fishing right fishery system is the core of coast fishing management in our country. Exclusive fishing right system is for the sake of local fishers’ interest. Therefore, management authority is held by fishermen's organization, so-called fishermen's association. Due to the quickly economic development in Taiwan, for such as development of reclaimed land, construction of nuclear power plants, and other major economic developments, developers should apply for suspending/revoking partial fishing right water area and comply with the law to pay fishing right holders the compensation of confiscating fishing right. However, in reality, fishermen's associations fail their responsibility of managing exclusive fisher right in fishing ground. On the contrary, they gain plenty compensation of confiscating fishing right by enjoying the fruit of the exclusive fishing right that is entitled to quasi-property in private law. Due to the bad image, some academics and specialists bring up a suggestion that fishing right is untitled to quasi-property.
By discussing the problems of management of exclusive fishing right system, reviewing the role and functions of fishermen's associations, and concluding my research of fishing right fishery system, I propose some recommendations for competent authorities' reference. These conclusions and recommendations are as follows:
1. Fishing resource management should adopt ITQ system and should be fit into the norm of draft on amended fisheries act.
2. The fishing right and licenses for a fishing zone should be issued in chorus, and the government should evaluate the management achievemnt of fishermen's associations.
3. Fishing ground of exclusive fishing right should not be absolutely exclusive water area but be used diversely.
4. Fishing right should implement the “non-gratuitous usage system of nature resource” that converts the external cost of impact on nature environment and ecology into the internal cost of users.
5. Fishing right should be reviewed as part of public law, so as to attend to public interest.
6. Fishing regulation authorities should consider retreat mechanism and release fishing right so that fishing right can be well operated by the free market system.
Keywords: Fishing right, Exclusive fishing right system, piscary, property in public law, quasi-property
| Identifer | oai:union.ndltd.org:TW/095NTOU5273035 |
| Date | January 2007 |
| Creators | Jin-Shiung Yeh, 葉進雄 |
| Contributors | Wang, Kuan-Hsiung, 王冠雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 229 |
Page generated in 0.0023 seconds