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

台日兩法規之比較，就定義而言，娛樂漁船所經營的業務範圍較廣，就申請營業資格而言，我國限定漁業人經營，日本開放一般人皆可申請；但曾違反相關規定或禁錮之刑罰服完刑罰未屆滿兩年者，則拒絕受理。建議主管單位於法規中明確設置罰則專章，以便於管理娛樂漁業。就乘務員的規定，台灣規定具有駕駛船舶的資格即可，日本規定具船舶駕駛資格外，須參加載客安全講習，並且每艘遊漁船需配置一名遊漁船業務主任者，隨船管理乘客的安全等。建議規定擬從事娛樂漁業之漁業人，參加相關研習等。就乘客保險觀之，台灣規定每位乘客不得低於120萬，保險金額較低，規範較爲模糊，遊客保障顯然不足。就航行區域而言，台灣規定1噸以上50噸以下娛樂漁船皆可航行相同海域，建議依據船舶的大小、性能、設備等限定航行區域較爲適當。兩國規定水產資源的採捕方式大致相同，但台灣可以曳繩釣的方法採捕，日本則禁止。除此之外，建議我國仿效日本，對娛樂漁業活動者收取娛樂漁業稅；並限定參與娛樂漁業活動的遊客採捕動植物的數量，以維護海洋生態生生不息。藉由法規的比較，發現兩法規的差異與優缺，期待能從日本的法規中擷取其優點增補我國現行法規之不足，方能順利推動我國娛樂漁業的蓬勃發展。

關鍵字

載客安全講習；遊漁船業務主任者；保險金額；娛樂漁業稅；採捕動植物的數量

並列摘要

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.