Changhua Wind Farm Waterway Administrative Litigation
Case Story
More than two hundred fishermen engaged in near-shore fishing in the western waters have jointly filed an administrative lawsuit against the Ministry of Transportation and Communications. The case stems from the Ministry’s implementation of the “Changhua Wind Farm Channel” navigation guidelines, which strictly prohibit fishing vessels from navigating or fishing within specific areas of the channel and mandate reporting when crossing it, with violators facing fines. The plaintiffs argue that the area has low vessel traffic and no obvious navigational safety concerns, yet the Ministry of Transportation and Communications implemented the navigation ban and mandatory reporting without clear legal authorization or sufficient communication with the fishermen. This not only severely restricts the fishermen’s fishing grounds but also fails to prioritize other management methods less harmful to the public, violating the principles of legal reservation and proportionality. Therefore, the fishermen request the court to overturn the navigation restrictions and mandatory reporting provisions in the guidelines to protect their legitimate fishing rights.
Plaintiff
More than 200 fishermen are engaged in near-shore fishing in the waters of Changhua Wind Farm Channel (including the waters of Taichung, Changhua, Yunlin and Penghu).
Appointed attorney
Attorneys Huang Xinwen and Yan Shicheng
Defendant
Ministry of Transport
Where is the case currently progressing?
The case has been closed.
In January 2023, the appeal was successful: the “fishing ban” section of the Changhua Wind Farm Navigation Guidelines was revoked.
In May 2025, the case was won at the Taipei High Administrative Court: the “mandatory reporting” and “navigation ban” sections of the Changhua Wind Farm Navigation Guidelines were also revoked. This case is final because the Ministry of Transportation and Communications did not appeal further.
What happened? Why file an administrative lawsuit against the Ministry of Transportation?
On April 26, 2021, the Maritime and Port Bureau of the Ministry of Transportation and Communications issued a notice regarding the “Changhua Wind Farm Channel” and its navigation guidelines, which officially came into effect on October 26 of the same year. The navigation guidelines require fishing vessels to “pass through the east and west buffer zones and the nearshore navigation area off the coast of Changhua” and “not to engage in fishing activities in the north-south lanes and separation zones of the Changhua Wind Farm Channel.” It also stipulates that “all vessels crossing the Changhua Wind Farm Channel must report to the Offshore Wind Farm Channel Vessel Traffic Service (VTS) of the Changhua Maritime and Port Bureau,” and violators will be subject to a fine of NT$100,000 to NT$500,000.
In the past, apart from the direct shipping lanes between Taiwan and the Mainland authorized by the “Act Governing Relations between the People of the Taiwan Area and the Mainland Area,” the government has not regulated vessels navigating in the western waters. The establishment of the Changhua Wind Farm Channel and the strict regulations on fishing bans, navigation bans, and reporting are unprecedented in Taiwan. As shown in the map of the Changhua Wind Farm Channel below, wind farms have been established in both the outer and inner waters of Changhua. The navigation guidelines further prohibit navigation and fishing in the north-south lanes and separation zones of the channel, leaving only the east and west buffer zones for passage, significantly restricting the operating range of near-shore fishermen. It is questionable whether the Maritime and Port Bureau of the Ministry of Transportation and Communications, when establishing channels according to Article 8 of the Navigation Route Marking Act, also has the right to impose restrictions on navigation bans, fishing bans, and mandatory reporting within the channels.
The Maritime and Port Bureau stated that this measure was intended to maintain navigational safety in the waters off Changhua Wind Farm and provide a safe operating environment for the offshore wind power industry. The regulation applies to shipping companies, offshore wind power and marine engineering operators, and fishermen. However, according to statistics from the Ministry of Transportation and Communications, only 1-3 vessels pass through the waters off Changhua on average per hour, and the channel is 9 nautical miles wide (approximately 16.67 kilometers), posing no navigational safety concerns. On the contrary, the newly added mandatory reporting requirement forces vessels to concentrate at the reporting point, increasing the risk of collisions. Furthermore, although the Maritime and Port Bureau claims to have communicated with fishermen, meetings held by local fishermen’s associations have made no mention of fishing bans, navigation restrictions, or reporting regulations, causing strong dissatisfaction among fishermen.
In light of the above disputes, fishermen in the Changhua wind farm waterway filed appeals and lawsuits seeking redress, using the navigation guidelines of the waterway as the subject of their claims.
What demands do we have for the court?
We request the revocation of the sections concerning “mandatory reporting by fishing vessels” and “restrictions on the navigation of fishing vessels” in the navigation guidelines for the Changhua wind farm issued by the Ministry of Transportation.
What are the main legal issues in this case?
- Does the original penalty restricting fishing vessels from navigating the Changhua Wind Farm Channel and mandating their reporting to the Changhua Offshore Wind Farm Channel Vessel Traffic Service System (Changhua VTS) exceed the authorization of Article 8 of the Navigation Route Markings Act and violate the principle of legal reservation?
- Does the original penalty restricting fishing vessels from navigating the Changhua Wind Farm Channel and mandating their reporting violate the principle of proportionality because it failed to adopt other means that would achieve the same navigational safety effect with less harm (e.g., the Fisheries Agency was already encouraging fishermen to install Automatic Identification Systems (AIS) at the time, so that vessels could only know each other’s positions)?
What effect/goal does this lawsuit hope to achieve?
In May 2025, the plaintiff won the case. The court ruled that the Ministry of Transportation’s announcement regarding mandatory reporting and navigation restrictions exceeded the provisions of the parent law, the Navigation Route Marking Act, and violated the principle of legal reservation.
Furthermore, the Ministry of Transportation announced on March 17, 2025 (while the litigation was still ongoing) that the Changhua Wind Farm navigation channel and its navigation guidelines would be officially abolished on September 17, 2025, and replaced by the “Changhua Wind Farm Navigation Space Vessel Traffic Service Guidelines,” effectively eliminating the fishing ban, navigation restrictions, and mandatory reporting measures.
This case is a landmark case in Taiwan’s “fair transition,” demonstrating that offshore wind power policy should acknowledge the diverse activities already existing in the sea areas and take into account the voices of fishermen and other stakeholders. For example, this case highlights that the “following the fish schools, highly flexible” navigation mode of nearshore fishing differs from the “fixed routes” of merchant ships and cargo vessels. The management of marine space should be based on understanding the habits of the former, abandoning exclusionary, reporting-based methods.
You can search for the judgment document if you wish to read it.
Executive Yuan Appeal Decision No. 1125001123
Taipei High Administrative Court Judgment No. 233 of 2013.