In order to alleviate the shortage of fishermen needed by Taiwanese fishing vessels for its fishing operations at sea, and due to security, sanitary, and humanitarian considerations, the Government has permitted at the present stage the owners of fishing vessels to employ mainland Chinese fishing workers in areas 12 nautical miles offshore to assist in fishing operations, and to allow these mainland Chinese fishing workers on board the fishing vessels to enter temporary shelters ashore at designated sea ports or delimited docks. Based on Paragraph 3 of Article 10 of the “Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area” and on Subparagraph 5 of Article 54 of the Fisheries Act, the Council of Agriculture under the Executive Yuan has formulated the “Permit and Management Regulations Governing Mainland Chinese Seamen Employed Offshore and Sheltered by Owners of Taiwanese Fishing Vessels” as a basis for implementing the abovementioned measure.
Since the implementation of the aforementioned Regulations on December 1, 2003, the Coast Guard authorities have handled several cases involving owners of fishing vessels who failed to comply with the regulations on carrying the mainland Chinese fishing workers on board their vessels to enter temporary shelters ashore or anchor in the harbor. Since the related agencies hold divergent views on the applicable laws regarding such cases, and since these involve the disciplinary actions taken by the fishing authorities, the law enforcement methods carried out by the Coast Guard authorities, and the investigation and judgment made by the judicial agencies, and whether the effect of holding back the unlawful elements will be achieved, the Mainland Affairs Council has invited the agencies concerned to meet for discussions. Fifteen cases of violations have been identified, and a conclusion has been reached after detailed consultations were conducted to clarify the legal basis or the mode of execution of the regulations involved in each violation case. The “Violation Cases, Controversies, and the Conclusions Achieved in the Consultations Concerning the Failure of the Owners of Taiwanese Fishing Vessels to Comply with Regulations Concerning the Carrying of Mainland Chinese Seamen On Board Their Vessels Entering Territorial Waters” was drawn up and was deliberated and passed by the MAC’s 153rd Council Meeting on November 29, 2004, and shall be submitted to the Executive Yuan for approval and be issued to relevant authorities for compliance.