Key Points of the Marine Conservation Act! Executive Yuan Passes Draft Bill, Pushes Legislature to Schedule Readings

The ocean has waited long enough! The long-anticipated Marine Conservation Act has finally made a major breakthrough. On February 15, 2024, the Executive Yuan passed the draft Marine Conservation Act, granting the competent authority powers to designate marine sanctuaries and manage protected areas. The draft will now be sent to the Legislative Yuan for deliberation. However, since no single party holds a majority of seats in the current legislature, passing the bill through all three readings in the current session will require cooperation across party lines. In this article, BlueTrend will walk you through the key highlights of the bill. Ocean lovers who care about marine issues — if you believe Taiwan needs a Marine Conservation Act, consider calling your district legislator and making your support heard loud and clear.

Can the Marine Conservation Act Push Through — and Fix Taiwan's Fragmented Ocean Governance?

Approximately 90% of Taiwan's waters remain unprotected. As climate change makes the preservation of marine ecosystems ever more urgent, ocean industries must also balance development with sustainable resource use. To realise the vision of Taiwan as a maritime nation, the Ocean Affairs Council was established in 2018, and numerous conservation actions and policies have continued since. Yet ocean affairs frequently span multiple government agencies, resulting in a complex, multi-layered management structure prone to buck-passing. Without a clear legal basis, the Ocean Conservation Administration (OCA) — the designated competent authority — has struggled to coordinate among agencies and has often been described as a "tiger with no teeth."
Given that existing marine protected areas are designated by different agencies under different legal frameworks, consolidated planning is urgently needed. The Marine Conservation Act explicitly requires the OCA, as the central competent authority, to consult with relevant agencies, and mandates that the overall management policy for marine protected areas be set by the central competent authority. In other words, the Marine Conservation Act gives the OCA the legal standing to convene inter-agency consultations and grants it the authority to designate and manage marine protected areas — enabling it to fulfil its mandate to protect the ocean.

Three Core Objectives of the Marine Conservation Act

1. Protect the marine ecological environment

2. Integrate the effectiveness of marine protected areas

3. Conserve marine biodiversity

The Marine Conservation Act Strengthens Authority Powers and Establishes a New Marine Sanctuary System

The Marine Conservation Act draft was finalised after dozens of consultations with various stakeholders. Ocean Affairs Council Chairperson Kuan Pi-ling particularly emphasised that the draft confers five major powers upon the competent authority:

Authority Granted by the Marine Conservation Act 1. Designating Sanctuaries

When a marine ecosystem requires special protection but has not yet been designated as a marine protected area by another competent authority, the central competent authority may consult with relevant agencies to designate a sanctuary. The sanctuary shall be divided into a core zone, a buffer zone, and a sustainable use zone, managed under a zoning system.

Authority Granted by the Marine Conservation Act 2. Managing Protected Areas

The central competent authority may consult with relevant agencies to formulate management policies for marine protected areas, including classification, planning, monitoring, review, and conservation effectiveness evaluation. After relevant policies are implemented, the central competent authority shall conduct a review at least once every five years. In the event of disputes during implementation, the central competent authority shall coordinate; if coordination fails, the matter shall be referred to the Executive Yuan for a decision.

Authority Granted by the Marine Conservation Act 3. Announcing Prohibited and Restricted Activities

Given that human activities — including marine recreation, leisure activities, vessel navigation, and the use of fishing and harvesting gear — may all impact marine life, the central competent authority may consult with other competent agencies to establish restrictions or prohibitions on such activities.

Authority Granted by the Marine Conservation Act 4. Conducting Surveys and Implementing Conservation Measures

In order to carry out conservation programmes within marine sanctuaries, the competent authority may conduct surveys in relevant waters and implement conservation and restoration measures. No public or private land, user, or manager may evade, obstruct, or refuse such actions. For areas involving military secrets, surveys shall be conducted jointly with the relevant agencies.

Authority Granted by the Marine Conservation Act 5. Deploying Observers to Collect Data

To protect marine life, the competent authority may designate marine conservation observers to observe, monitor, and collect data on vessels, marine facilities, offshore engineering works, or their surrounding areas. Where necessary, Coast Guard or police assistance may be requested.

Will the Marine Conservation Act Affect Existing Rights to Use the Sea?

In pursuit of a balance between protecting and utilising marine resources, the draft Marine Conservation Act incorporates three specific safeguards:

1. Review mechanism: The designation of sanctuaries and the regulation of prohibited or restricted activities must go through a "Review Committee," with deliberation by stakeholders including experts and scholars, civil society groups, and representatives of relevant agencies.

2. Compatibility with sustainable use: Sanctuaries adopt zoning management rather than blanket restrictions. Within the buffer zone and sustainable use zone, activities such as aquaculture and the harvesting of marine life may be permitted with approval.

3. Principle of legitimate expectations: Activities that were lawfully approved or permitted before the designation of a marine sanctuary may continue until the expiry of their authorisation period.

The Marine Conservation Act Also Includes Whistleblower Provisions to Encourage Public Participation

To promote public participation and collective oversight of marine conservation efforts, the Marine Conservation Act establishes two major channels for civic engagement: a "whistleblower clause" and a "citizen suit clause."

Not only enforcement officers, but also members of the public, legal persons, or organisations may proactively participate in or assist the competent authority in investigating and reporting illegal activities; the central competent authority will also set out incentive mechanisms. If members of the public or public-interest groups believe that the competent authority has neglected its duties or failed to enforce the law, they may directly file a citizen suit. To reduce the litigation costs borne by individuals or public-interest groups, the Marine Conservation Act stipulates that the High Administrative Court may require the defendant agency to pay reasonable attorney's fees and other litigation costs.

In addition, the Marine Conservation Act explicitly requires the competent authority to cultivate professionals with expertise in marine conservation and biodiversity, and to promote relevant educational programmes to raise public awareness of marine biodiversity. Drawing on the example of Japan, the Act also provides that the competent authority may collaborate with international organisations and academic research institutions, and may offer incentives or subsidies to encourage private-sector participation in international marine conservation exchanges and cooperation.

In 2023, the United Nations officially adopted the High Seas Treaty, pledging to designate 30% of the global ocean as marine protected areas by 2030. Taiwan's ally Palau became the first country in the world to ratify the High Seas Treaty and enshrine its provisions into domestic law, in January 2024. As a fellow maritime nation, Taiwan must also keep pace with the international community on marine conservation.

The Ocean Basic Act, promulgated in 2019, required the government to enact the Marine Conservation Act, the Sea Spatial Planning Act, and the Ocean Industries Development Act within two years. Four years on, only the Ocean Industries Development Act has passed its third reading. The long-overdue Marine Conservation Act has finally taken a significant step forward, clearing the Executive Yuan and heading to the Legislative Yuan for deliberation. BlueTrend will continue to follow the latest developments in the Marine Conservation Act's legislative progress! Follow BlueTrend to stay up to date on the latest ocean news.

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責任編輯：Jenny Tsai

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