Enforcement Rules of the Marine Conservation Act

2025-06-30
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Article 1
These rules are formulated in accordance with Article 30 of the Marine Conservation Act (hereinafter referred to as the Act).
Article 2
To handle the integrated planning and implementation of marine protected area as provided for in Article 4 of the Act, the central competent authority may convene regular meetings of the Marine Protected Area Integration Platform, inviting experts, scholars, or relevant agencies to attend the meetings.
Article 3
The central competent authority shall submit the overall marine protected area management policies and guidelines as stipulated in Paragraph 1, Article 7 of the Act to the Executive Yuan for approval and implementation within one year after the implementation of the Act, and shall review them at least once every five years.
When the central competent authority formulates the overall marine protected area management policies and guidelines, the relevant central competent authorities in charge of specific sectors shall assist in providing information and expressing their opinions.
Article 4
The marine sanctuary conservation plan specified in Paragraph 1, Article 9 of the Act shall include the following items:
1. Background, objectives, and scope of the plan.
2. The names, land ownership, longitude and latitude coordinates of the boundaries, area, and maps of the marine sanctuary and its subzones.
3. An overview of environmentally sensitive areas and the natural environment adjacent to the marine sanctuary.
4. The marine spatial use and the current status of lands and buildings use in the adjacent land areas.
5. Priority protection areas or major conservation targets with important ecological conservation, scientific research, cultural heritage, and environmental value.
6. Principles and strategies for habitat maintenance, conservation, and utilization in each subzone of the marine sanctuary.
7. Conservation measures, monitoring plans, emergency response, and other maintenance and management measures for each subzone of the marine sanctuary.
8. Other matters related to conservation.
Article 5
After the central competent authority announces and implements a marine sanctuary conservation plan in accordance with Paragraph 3, Article 9 of the Act, it shall conduct a comprehensive review every five years. However, the marine sanctuary conservation plan may be modified or abolished at any time in any of the following circumstances:
1. Damages suffered by the marine sanctuary due to a major incident.
2. Prevention of the occurrence of major disasters.
3. Modification or abolition of the marine sanctuary.
4. Other important conservation matters.
Article 6
The central competent authority shall, after preparing a draft of a public announcement in accordance with Paragraph 1, Article 14 of the Act, consult with relevant agencies for their opinions. If necessary, it may invite relevant agencies, experts, scholars, or organizations to conduct on-site inspections.
The draft of the public announcement referred to in the preceding paragraph shall be submitted to the Marine Conservation Review Committee of the Ocean Affairs Council for deliberation. After passing the deliberation, it shall be approved and announced by the central competent authority.
The announcement referred to in the preceding paragraph shall be published in the Executive Yuan Gazette, newspapers, online, or by other appropriate methods to make it widely known.
Article 7
The public announcements referred to in Paragraph 1, Article 14 of the Act shall be modified or abolished if any of the following circumstances occur, and the provisions of the preceding article shall apply mutatis mutandis:
1. Due to natural changes or major disasters, the conservation targets have disappeared or migrated, making restoration or conservation impossible.
2. Due to natural changes or changes in circumstances, the scope of conservation needs to be expanded.
3. The functions and effectiveness of marine life conservation have been replaced by other protected areas or conservation measures.
4. It is required for major public interests of the nation.
5. Other circumstances deemed necessary for modification or abolition by the central competent authority.
Article 8
Where restoration to the original state is required pursuant to Paragraph 1, Article 27 of the Act, the person liable for compensation shall obtain the approval of the central competent authority regarding the method of restoration prior to carrying out the restoration.
Article 9
The competent authorities may request the coast patrol agencies, police agencies, and other relevant agencies to provide necessary assistance in enforcing matters such as clamp down and evidence collection of unlawful actions in accordance with the Act.
Article 10
The competent authorities shall allocate sufficient funds to implement marine conservation measures within their jurisdictions.
Article 11
These Rules shall come into force on July 1, 2025.