First Case in Taiwan! Appeal Decision Recognizes Illegal Fishing in Navigation Channel

　　On April 26th, 2021, the Ministry of Transportation in Taiwan announced regulations for the Changhua Wind Farm Navigation Channel, titled "Navigation Guidelines for the Changhua Wind Farm Navigation Channel." These guidelines prohibit fishing boats from engaging in any fishing activities within the northbound, southbound lanes, and separation zones of the channel, while advising fishing boats to pass through the eastern and western buffer zones and the Changhua coastal navigation area, and to avoid entering the northbound and southbound lanes and separation zones as much as possible. Additionally, all vessels passing through or navigating in the Changhua Wind Farm Navigation Channel must report to the Changhua Vessel Traffic Service. These regulations were set to take effect in November 2021.

　　Between November 2021 and April 2022, 201 Taiwan fishermen took issue with the fishing and navigation bans, as well as the mandatory reporting requirements imposed by the regulations. They appointed the Fishermen's Rights and Environmental Sustainability Center to assist in filing petitions.

　　On January 16, 2023, the Executive Yuan issued a decision on the petitions, stating that the navigation regulations regarding the fishing ban violate the principle of legal reservation. The Ministry of Transportation is now required to come up with new, legally compliant regulations. However, the decision stated that the ban on fisherman's navigation did not violate the principle of clarity or proportionality

　　Lawyer Xing-Wen Huang, who assisted the fishermen in filing their petitions, stated that the Ministry of Transportation repeatedly emphasized that the Changhua Wind Farm Navigation Channel was established as part of the important national policy for offshore wind power. The decision on the petition serves as a reminder to the government that while energy transition is important, policy implementation should abide by the principle of rule of law and not come at the cost of sacrificing fisherman's rights and interests.

　　Researcher Fei-Jun Wu from the Fishery and Environmental Center said that the outcome of the petitions highlights the lack of substantive stakeholder consultation in the process of promoting offshore wind power and that the fishing community, which is most affected by the wind farm, lacks knowledge and participation rights. He called on the Ministry of Transportation to actively review the regulations and comply with the principle of rule of law, and to ensure citizen participation.