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 approved the draft bill, granting the competent authority the power to designate marine sanctuaries and manage marine protected areas. The draft will now be sent to the Legislative Yuan for review. However, since no single party holds a majority in the current legislature, swift scheduling and a third reading will require cooperation across party lines. In this article, BlueTrend will walk you through the key highlights of the bill. If you care about ocean issues and believe Taiwan needs a Marine Conservation Act, you can also call your district legislator and voice your strong support.
photo credit：Belle Co
Can the Marine Conservation Act Fix Taiwan's Fragmented Ocean Governance?
Approximately 90% of Taiwan's waters are currently unprotected. With climate change making marine ecosystem protection more urgent than ever, and the need to balance ocean industry development with sustainable resource use, the Ocean Affairs Council was established in 2018 to advance the vision of Taiwan as a maritime nation. Many conservation initiatives and policies have followed — yet ocean affairs frequently cut across multiple government agencies, creating a complex web of overlapping jurisdictions and a tendency for agencies to pass the buck. 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."
Because existing marine protected areas (MPAs) have been designated by different agencies under different laws, comprehensive integrated planning is urgently needed. The Marine Conservation Act explicitly designates the OCA as the central authority responsible for consulting relevant agencies, and stipulates that overall MPA management policy must be set by the central competent authority. In other words, the Marine Conservation Act gives the OCA a legal mandate to convene inter-agency consultations and vest it with the authority to designate and manage MPAs — enabling it to fulfill its mission of protecting the ocean.
photo credit：Neko Wang
Three Core Objectives of the Marine Conservation Act
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Protect the marine ecological environment
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Integrate and enhance the effectiveness of marine protected areas
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Conserve marine biodiversity
The Marine Conservation Act Strengthens Authority Powers and Establishes Marine Sanctuaries
The Marine Conservation Act draft was completed after dozens of rounds of discussion with various stakeholders. Ocean Affairs Council Minister Kuan Bi-ling emphasized that the draft bill grants the competent authority five key powers:
Authority Power 1: Designating Marine Sanctuaries
When a marine ecosystem requires special protection but has not been designated as an MPA by any other competent authority, the central competent authority may consult relevant agencies to designate a marine sanctuary. These sanctuaries are divided into core zones, buffer zones, and sustainable use zones, each managed according to its classification.
Authority Power 2: Managing Marine Protected Areas
The central competent authority may consult relevant agencies to formulate MPA management policies, including MPA classification, planning, monitoring, review, and conservation effectiveness assessment. Once implemented, these policies must be reviewed by the central competent authority at least once every five years. When disputes arise over implementation, the central competent authority acts as coordinator; if coordination fails, the matter is referred to the Executive Yuan for a final decision.
Authority Power 3: Announcing Prohibited and Restricted Activities
Considering that human activities — including marine recreation, leisure activities, vessel navigation, and the use of fishing and harvesting gear — can all impact marine life, the central competent authority may consult other relevant authorities to establish restrictions or prohibitions on such activities.
Authority Power 4: Conducting Surveys and Implementing Conservation Measures
To carry out conservation programs within marine sanctuaries, the competent authority may conduct surveys in relevant waters and implement conservation and restoration measures. Landowners, users, and managers of both public and private land may not evade, obstruct, or refuse such activities. In areas involving military secrets, the surveys must be conducted jointly with the relevant agencies.
Authority Power 5: Deploying Observers to Collect Data
To protect marine life, the competent authority may appoint marine conservation observers to monitor and collect data on or around vessels, marine facilities, and offshore construction projects. When necessary, the Coast Guard or police may be called upon to assist.
Will the Marine Conservation Act Affect Existing Ocean Use Rights?
photo credit：Neko Wang
In order to strike a balance between protecting and utilizing marine resources, the draft Marine Conservation Act has incorporated three special safeguard mechanisms:
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Review mechanism: The designation of marine sanctuaries and the regulation of prohibited or restricted activities must go through a dedicated "Review Committee," composed of stakeholders including academic experts, civil society organizations, and representatives from relevant agencies.
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Compatibility with sustainable use: Sanctuaries adopt zone-based management rather than blanket restrictions. In buffer zones and sustainable use zones, activities such as aquaculture and the harvesting of marine life may be permitted with approval.
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Principle of legitimate expectation: Activities that were lawfully authorized or permitted before a marine sanctuary is designated may continue until their authorization or permit expires.
The Marine Conservation Act Includes Whistleblower Provisions to Encourage Public Participation
To enable broad public participation and collective oversight of marine conservation efforts, the Marine Conservation Act establishes two civic engagement mechanisms: a "whistleblower provision" and a "citizen suit provision."
Not only enforcement officers, but also ordinary citizens, legal entities, and groups may proactively participate in or assist the competent authority in cracking down on and reporting illegal activities — and the central competent authority will also specify forms of recognition and reward. If citizens or public interest organizations believe that the competent authority has neglected its duties or failed to act, they may directly file a citizen suit. To reduce the litigation burden on individuals and 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 requires the competent authority to cultivate professionals with expertise in marine conservation and biodiversity, and to promote relevant educational programs that deepen public understanding of marine biodiversity. Drawing on Japan's approach, the Act also stipulates that the competent authority may collaborate with international organizations and academic research institutions, and encourage civil society participation in international marine conservation exchanges through incentives and subsidies.
In 2023, the United Nations officially adopted the High Seas Treaty, committing to designating 30% of the global ocean as marine protected areas by 2030. Taiwan's diplomatic ally Palau became the world's first country to ratify the treaty and incorporate 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 and implemented in 2019, required the government to enact the Marine Conservation Act, the Marine Spatial Management Act, and the Ocean Industry Development Act within two years. Four years on, only the Ocean Industry Development Act has passed its third reading. The long-overdue Marine Conservation Act has finally taken a critical step forward, clearing the Executive Yuan and heading to the Legislative Yuan for deliberation. BlueTrend will continue to follow the latest developments in the legislation of the Marine Conservation Act — follow BlueTrend and let us bring you the most up-to-date ocean news!
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Editor: Jenny Tsai
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