碩士 / 國立臺灣海洋大學 / 環境生物與漁業科學學系 / 96 / Abstract
The goal of this study lies in understood the present fishery law enforcement and current situation of our country, and the efficiency of clamping down on illegal fishery catching. Further of this study will discuss the dilemmas of executing fishery law enforcement. Finally, this study will propose a referencing solution as a proposal toward policy/regulation emendation and execution for our related government bureaus. The findings are abstracted as following:
1. The enforcement of fishery law includes “patrols” and “the fishery protection”, i.e. carrying out the security check, patrol and banning, interrogation and inspection, pursuance and dispersion other patrol duties. Recently, on international enforcement tends to execute their fishery policy by institutional patrol vessels or naval vessels from the coastal marine security institution as their primary force. The goal of the fishery law enforcement mainly is to achieve banning the illegal fishery activities, safeguarding their legal rights for our country’s fishery operation.
2. The history of Taiwanese fishery history is venerable. After fusing various local characteristic fishery backgrounds, it displays diversified fishery categories and properties. Moreover, each fishery equipment and catching method elucidates its unique character. Therefore, the administration of each unique fishery should depend on its characteristic to carry on the management. Above all, fortifying marine fishery management is the important measure for marine resource protection.
3. Based on the fishery law and the coastal defense and patrol regulations, all levels of fishery supervision bureaus and Coast Guard Bureau should undertake the responsibility for fishery law enforcement. Due to the insufficiency of budget, manpower of responsible government bureau and policy execution, the capacity of fishery law enforcement is obviously insufficient. The only solution for such dilemma is through Coast Guard Bureau to assist executing the resources protection, to maintain proper operation procedure.
4. The illegal fishery catching in our offshore area is various. In which, illegal invasions by foreign fishing vessels in the limit banned area are the most. The coast drag net catching incidence is in the second place. Illegal electric catching occupies the third position.
5. The nationalities of these foreign illegal invasive catching vessels include Mainland China, Hong Kong, Vietnam and Philippines, in which, Mainland China is the most for its frequency and quantity. And their invasion areas/locations from highest to 3rd place are at Kimen, PongHu and Mastu. They all invade in the northeast area of Taiwan and PongHu region in particular East-northern seasoning wind period or specific fish grouping period on a large scale fashion to illegally catch particular fishes. Therefore, Our Coast Guard Bureau will usually coordinate this situation to execute pursuance and dispersion in order to maintain our coastal security and prevent security crisis.
6. The offshore drag net fishery catching was the most habitual violation by our local fish men. It dramatically impacts the sea bed roosting and destroys the ecology of the coral reef. Addition to above situation, the drag net was low in fingerling selectivity, it is extremely easy to produce mistaken catches and abandoned attains. And it will also affect other fishery management. Our government has adopted the trawler fishing district operation limit since 1967. This policy has displayed certain effect in maintaining the offshore fishery environment, coral reef ecosystem and the cultivation fishery resources.
7. The Coast Guard Bureau has been found to take the sole responsibility into marine law enforcement by our government. Nevertheless, the administration law of Coast Guard Bureau enforcement has not been specifically clarified its execution model and distinctively prescribed its duties. It also causes the jurisdictional dispute in co-opetition management. To resolve such anxiety and conflict, this law should adopt legislation pattern from American, Japanese. In this fishery administration enforcement, make the consideration as “the enforcement agent should be considered as a representative personnel from major legal administration, and this personal should also be authorized and supervised by related administration authority”. Coordination code between the Coast Guard Bureau and agriculture committee should stipulate “the manager” and “the execution” cooperating relationship to clarify their sequential relationship.
8. There have been a lot of fishery law enforcement problems in our country, including banning illegal foreign fishing vessels invasion, operation expense of confiscated fishing equipments from the mainland China, how to set up the 3 miles nautical border lines, duty partition between fishery administration and Coastal Guard Bureau, how to elevate the enforcement efficiency and how to resolve the conflict situation between Coastal Guard subunits and local fish man due to un-unified fishery standard/penalty.
9. The codes, regulations and policy should be consolidated and inspected by the central fishery administration. The central fishery administration institute should deliberately consider each unique fishery environment and resource from local counties or cities and referencing their detail information to legislate definitive administration regulations. Hence, related cooperation units should also strengthen their communication crosswise. Through such equalized platform and communication mechanism, it could establish fishery law enforcement and execution.
key words: Fishery enforcement, Patrol vessels, illegal fishery catching
| Identifer | oai:union.ndltd.org:TW/096NTOU5451046 |
| Date | January 2008 |
| Creators | Lin Ping Hung, 林秉宏 |
| Contributors | Ching-Hsiewn Ou, 歐慶賢 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 161 |
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