Changhua Waihai is the largest offshore wind farm in Taiwan. This is a photo of the environmental impact assessment of the offshore wind farm "Great Changhua Southeastern Offshore Wind Power Project Environmental Impact Case".

(Information photo, taken from EIA information)

[Reporter Chen Xinyu/Taipei Report] Changhua Offshore is the largest offshore wind farm in Taiwan. The Harbor Bureau of the Ministry of Communications issued an announcement in 2021 to restrict fishing boats from sailing and fishing in the Changhua wind farm area. Offenders will be fined up to 500,000 yuan.

The fishermen were dissatisfied and filed an administrative petition. The Petition Review Committee of the Executive Yuan declared that the "fishing ban" violated the principle of legal reservation.

Ye Xielong, director of the port of the Ministry of Communications, expressed respect and will amend the relevant regulations of the navigation guide.

Shen Shuxian, head of the aviation safety team of the Ministry of Communications, said that after the announcement of the navigation guidelines for the Changhua wind farm channel in 2021, no fines were imposed on fishermen, and the focus was on persuasion.

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Shen Shuxian said that on December 27 last year, various units were invited to review the navigation guidelines and a navigation safety group meeting was held. It is expected that the revised version of the navigation guidelines for the Changhua wind farm will be on the road before the middle of this year.

Changhua wind field channel navigation guide is currently being revised. After the draft is released, it will be confirmed with various fishing associations. It will hold briefing sessions for fishermen in Taoyuan, Zhu, Miao, Zhong, Zhang, Yunlin and other places to collect opinions. It is stipulated that fishermen believe that the restrictions are too much. The newly revised guidelines will delete the restrictions on fishing bans and return to the rules for avoiding collisions at sea.

The Ministry of Communications announced on April 26 of the year before last (2021) that the waterway of Changhua Wind Farm would be punished and implemented on October 26. It stated that the main purpose of the guidelines is to maintain the order of ship navigation and improve navigation safety and efficiency.

Among them, fishermen are restricted to "fishing boats are not allowed to conduct fishing activities in the north-facing lanes, south-facing lanes and partition areas of the Changhua Wind Farm Channel", "fishing boats should pass through the east and west buffer zones and the coastal navigation area off the coast of Changhua, and try to avoid entering the north-south To the roadway and separation area" and "all ships crossing and navigating the channel of Changhua wind farm should report to Changhua VTS", and violators will be fined 100,000 to 500,000 yuan.

The Bureau of Harbor and Harbor stated that regarding the appeal decision made by the Appeal Review Committee of the Executive Yuan in this case, which partially revoked the prohibition of fishing activities in the Changhua Wind Field Channel Navigation Guidelines, it should be respected. There is a consensus that the follow-up navigation guidance will be revised in accordance with the responsibilities and obligations stipulated in the international maritime collision prevention regulations, so as to take into account navigation safety, wind power development and fishery rights and interests.

The Harbor and Harbor Bureau stated that as for the part proposed by the petitioner (fisherman) that the Harbor and Harbor Bureau’s announcement of navigation guidelines to regulate ship navigation management violates the principle of legal reservation and should be revoked, the Executive Yuan decided to reject the appeal, and stated in the appeal decision that there was no violation The principles of clarity and proportionality show that the Bureau of Shipping and Ports under the Ministry of Communications demarcated waterways, established navigation guidelines and announced them in accordance with the law, which is not inconsistent with the law, nor violates the principle of legal reservation.

The Harbor and Harbor Bureau stated that it still calls for consideration of navigation safety, shipping development, wind farm development, and fishermen's rights and interests.

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