Fishers v. Ministry of Transportation and Communications

To accelerate renewable energy, Taiwan established offshore wind facilities along the coast of Changhua, aiming for 20% renewable energy by 2025 under its 2023 Climate Change Response Act. To protect the installations, the Maritime and Port Bureau issued Navigation Guidelines in 2021 without consulting residents or fishers. These rules imposed three main restrictions: (1) a navigation ban in wind farm channels, (2) a fishing ban in corridors and separation zones, and (3) a mandatory reporting duty for vessels, with fines for violations. Fishers, supported by the Fisheries and Environment Center and the Environmental Rights Foundation, appealed the measures, arguing they unlawfully restricted their rights and were imposed without consultation. Although partly successful on appeal, they pursued an administrative lawsuit to prevent similar future rules. In May 2025, the court ruled in favor of the fishers and annulled the guidelines. It found that while the Bureau could designate channels under the Navigation Aids Act, it had no authority to impose mandatory reporting or navigation bans with fines. The court also emphasized that comparable international shipping lanes (e.g. Singapore, Strait of Gibraltar) do not prohibit fishing vessels, even under heavier traffic. The restrictions were deemed disproportionate, inconsistent with international law, and imposed without adequate stakeholder consultation. The decision highlights the tension between Taiwan’s push for renewable energy and the protection of traditional fishing rights.