||With abundant resources and vast water bodies, the ocean can be used in many ways. Since the marine resources are usually distributed in specific areas, the competition among different uses is often intense and finally lead to conflicts in the maritime zone. Although there are several laws and regulations on the ocean and coast management in Taiwan, most of them just focuses on the terrestrial land and does not include the management mechanisms of the marine environment. Furthermore, the maritime zone must be a common property and every stakeholder can enjoy its privilege under a fairly management mechanism. Nevertheless, the Fisheries Act regarded the “fishing right” is the “right of property”. This leads a misunderstanding of fishermen and dominates the maritime zone as well as hinders the multi-use of the ocean.|
Although the draft National Land Planning Act includes the concepts of “conservation areas”, the limits of maritime zone and its necessary management mechanisms have not been clearly regulated. This study referred to the definition and the jurisdiction of maritime zones in a coastal state which regulated in United Nations Convention on the Law of the Sea, and investigates several cases on the ocean and coast utilization management in China, America, and Netherlands. After hat this research makes some suggestions for in Taiwan. It concludes that the country needs to consider all maritime zones including exclusive economic zone, contiguous zone, territorial waters and internal waters in the planning process of national resources. In practice, however, the maritime zone within the limits of territorial waters should be included in the national spatial management plan first. The scope of planning maritime zone can be extended to the exclusive economic zone after negotiating with adjacent countries.
The concept of functional zoning has been included in the 2006 Ocean Policy White Paper published by the National Council for Maritime Affairs in Taiwan recently. After analyzing the cases of the National Marine Functional Zoning in China and the planning of Great Barrier Reef Marine Park in Australia, this study highlights that the protection of marine environment deserves the top priority on the national spatial planning agenda. The marine functional zoning must base on the characteristics of the ecological sensitivity. However, Taiwan is still in lack of both the exclusive law and a lead agency on maritime zoning and ocean management. These problems should be solved by amendment and/or enactment of related laws. In addition, the zoning policy, management criteria and user-pay principles should be studies in the future.