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Use Rights in Taiwan

Feng- Chun Ting

20/Mar 2009

CIFM

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Outline

Introduction

Fishing right system in Taiwan

Case Study

Conclusion

Recommendation

References

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Introduction to the Marine

Geology and History of

Taiwan

1.Taiwan under Japanese rule2.Kuroshio

3.Altitude and latitude

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Traditional fishing boat

Source:national culture database

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Kuroshio currentFrom Philippines to Japan through Taiwan

Source:Wikipedia

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TerrainWest : Shallow / East : Deep

Source: Google Earth

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Stone Tidal WeirStationary fishing gear

(Station Fishery Use Right)Source:Easy Travel Net

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Oyster CultureRegional Fishery use right

Source:DCView

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Fixed fishing netStationary fishing gear

(Station Fishery Use Right)Source:Travel Web

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Long liningSpecial fishery use right: resources are not exclusive

Source:blog.rood.com

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Agar Weed and Abalone

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Agar Weed and Abalone

Monopolized fishery use right

Agar Weed can be made to jelly

Abalone was cultured coast platform cave.

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Fishermen population in Taiwan in 2007

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Fishing right system in Taiwan

Special

Resources are shared by other fishermen

Regional

Divided fishing grounds are re-allocated to fishermen by associations or communities

Monopolized

Resources are exclusive

Stationary

Fishing gears are passive and static

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Quasi-Property

Similar to ownership may accrue to a party who does an act which benefits society as a whole.

“Quasi” = “almost" or "resembling"

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The explanation to quasi-property

Transferable

Inheritance

Time-Limit: 3-15 years

Claims on real assets

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How to own fishery use right?

Apply

According to the priority

Priority: Local fishermen > Association > Company

Inheritance

Directly from parents

Re-apply

Licenses expire every 15 years

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Fishermen’s associations

Exclusive fishery right management authority is held by:

1. fishermen’s association

Location-oriented

Ex.Gong-Liao County Fishermen’s association

2. fishery product community

Product-oriented

Ex.Sea weed collection and process community

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1.High Sea 2.Use Right Conflict

3.National park 4.Net Cage

Case StudyHow would you do if you were a judge when people have conflicts on different use rights?

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High sea

No property

Tragedy of commons

Coase Theorem(1991 Economic Nobel Prize)

Use in peace

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High seas in bright blue

Source: Wikipedia

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Bigeye tuna Living in Indian and Atlantic ocean high sea

Source:mesotw.com

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Fishing on sea weed island

Monopolized right

Recreational fishing

Conflict!

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National Park

JetSki

Fishing

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National Park Law

General restricted region

Entertainment region

Reserved historical ruins region

Special landscape region

Reserved ecological region

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Net Cage

Provide recreational fishing tour

Not very much carbon footprint

Fishing fishes from cage, not wild

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Assessment:is use right in Taiwan

effective? Fishermen’s associations control too much power and resources.

Fishermen’s associations charge a lot amount of management fee.

Far sea fishery is under international pressure.

Licenses time limit maybe too long. It will add difficulty to fishery policy planning.

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Should adopt ITQ system

Far sea tuna fishery

Should evaluate fisherman’s association

From community to market-oriented management

Law education to public

Many people don’t know how to resolve use rights conflict.

Conclusion / Recommendation

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References

葉進雄 , 我國漁業權管理法制之研究 , 國立臺灣海洋大學海洋法律研究所 , 2006

Taiwan National Park Law No.12

Taiwan International Law

Taiwan Fishery Law No.24 / 41 /42

Taiwan Civil Code Law No.767

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Thank you for your attention!