台日休閒漁業法規之比較－「娛樂漁業管理辦法」與「遊漁船業適正化相關法律」爲例

The comparison with definitions of Taiwan and Japan recreational fishery laws, the businesses of recreational fishing is diversity. In the view of application, Taiwan limit fishery to operate only. In Japan, nationals can apply to operate, but who had contravened the relevant provisions or detentions of penalty served the unexpired two-year sentence are rejected. It is recommended that administrations set the penalty for a special chapter to manageable recreational fisheries. In the view of crew members, Taiwan government stipulated that they must have qualification to drive boats. In Japan, crew members not only have qualification, but also participate in safety lecture of carrying passengers. At the same time, one manager who responses for the business and ensure the safety of tourists is disposed in each recreational fishery boat. It is recommended that employers who operates recreational fishery participate in relating seminars. The study also compared the viewpoint of passengers’ insurances, Taiwan government stipulates the insurance rate for each passenger is not less than 1.2 million, it is lower that Japan. Regulations also are unclear. It is adequate for tourists. In the viewpoint of navigation area, Taiwan government stipulated a recreational fishery boat which is less than 50 tones could sail the navigation area. It is recommended that the size, function, equipment of boats were be fundamentals to select the navigation area. The regulations of captured aquatic resources are almost same between Taiwan and Japan. However, Taiwan government permits to capture it by trolling methods. Japan is prohibited. In addition, it is recommended following the Japan government to charge recreational fishery industry the entertainment tax and limited the number of tourist captured animal and plants when participating in recreational fishery activities for protect marine ecology. Through comparing the differences of regulations between two countries, extracting the advantages of Japan to strength the regulations is expected for developing recreational fishery flourish in Taiwan. animals and plants.