such as grievance mechanisms and labor inspections. Together, these
elements form a comprehensive framework for labor in the fishing industry.
The convention explicitly states its applicability to all fishers engaged
in commercial fishing operations and all fishing vessels, including those
operating on rivers, lakes, or canals, but excludes subsistence and
recreational fishing. The provisions of C188 do not distinguish between
distant water and coastal fishing or between domestic and foreign fishers—
all are protected.
However, some scholars argue that Taiwan’s current legal framework
already differentiates between three categories: domestic fishers, overseas
fishers, and Chinese crew members, and this has been in practice for many
years. Immediate changes to this system may be challenging. Each type of
fishery has distinct characteristics, and applying a single set of regulations
across all types could be impractical. This is similar to how the C188
Convention explicitly applies only to commercial fishing, excluding
subsistence and recreational fisheries, highlighting the need for necessary
distinctions in implementation due to the unique nature of fishing
operations.81
Lin, Liang-Jung, Kao, Shih-Ming, & Hsu, Hui-Yen. (2022, May). Research on the Domestic
Implementation of the ILO Work in Fishing Convention (C188) (pp. 332–333). Commissioned
by the Ministry of Labor, National Chengchi University.
81
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