近期國際間打擊IUU漁捕行為之作為與我國遠洋漁業政策之再檢視

Recent International Achievements against IUU Fishing and the Reexamination on Taiwan's Distant Water Fisheries Policy

本文之目的係從國際間近期對打擊IUU漁捕行為之視角出發，對我國目前執行中的遠洋漁業政策進行檢視，瞭解其中之落差並提出可行之政策建議。研究發現，近年來國際間為了打擊IUU漁捕行為已積極通過許多國際法律文件，用以嚇阻IUU漁捕行為一再的發生。在國內遠洋漁業政策方面，我國事實上並未公告此一官方文件，其他高階政策文件亦未將對抗IUU漁捕行為之概念納入。在法律層面上，相關法律與法規命令亦未規範IUU漁捕行為及明訂相關處罰。因此，建議我國漁政主管機關需立刻依據目前國際趨勢公告我國遠洋漁業政策，並據此修訂相關國內法規，才能避免我國人及國籍漁船一再從事IUU漁捕行為。

This article aims to examine Taiwan's current distant water fisheries policy from the existing practices of international efforts against IUU fishing to understand the gaps between them and provide workable policy recommendations. This study finds that international community has aggressively adopted many international legal instruments against IUU fishing to deter the repeatedly violations. As regards to Taiwan's distant water fisheries policy, such a policy paper is in fact currently absent in Taiwan, and other high-ranking policy documents did not include the concept of deterring IUU fishing yet. From the legal perspective, regulations and relevant punishments against IUU fishing are not involved in Taiwan's domestic legal regime, either. Thus, this article recommended that Taiwan's distant water fisheries policy should be announced based on current international development as soon as possible. Relevant domestic laws and regulations should be revised accordingly as well. By doing so, it would be possible to prevent our nationals and Taiwanese-flagged fishing vessels from repeatedly conducting IUU fishing.