Canoe paddlers break through Taiwan's water restrictions, call for lifting of mountain and sea bans to revitalize water sports
Taiwan has abundant lakes and ponds, yet they have long been under "martial law" - apart from special applications, ordinary people find it difficult to access them. Canoeing, which is well-developed abroad, sees Taiwan's enthusiasts only able to "sneak onto the water," and civilian water sports have long been languishing.
On October 22 last year, the Executive Yuan announced the lifting of mountain and sea bans and amendments to the State Compensation Act, opening up mountains, forests, and waters with the spirit of "open in principle, prohibited by exception," promoting positive mountain and water sports. However, the reality of policy implementation has been the exact opposite - from central to local government, water management is carried out under "prohibited in principle, open by exception," and this has not changed to this day.
Li Yuanzhi, a canoeing coach with over twenty years of experience, gathered hundreds of fellow canoeing enthusiasts to challenge water activity bans in the spirit of "testing the law firsthand." On January 4 (this month), this group of advocates went to Longtan Lake in Yilan, pushing their canoes into the water to challenge the water activity ban. A reporter from Upstream and Downstream accompanied them to understand firsthand what happens when entering safe waters within the national territory?
A pirate-like dawn raid operation
On the morning of January 4, northern Taiwan rarely saw bright sunshine. A group of canoeing enthusiasts (hereafter referred to as the "action group") gathered at the appointed time by the shores of Longtan Lake in Jiaoxi, Yilan. The lake surface was calm as a mirror, surrounded by green mountains and blue sky - an ideal lake for paddling. Inside the lake, three kayaking trainees from Wusha Junior High School were paddling briskly. Against this, the sign by the lakeside reading "Water activities prohibited without permission" seemed particularly ironic.
As the action group finished inflating eight canoes and SUPs (stand-up paddleboards) and was about to enter the water, an administrator wearing an identification badge from the Yilan County Government's Department of Industry, Commerce and Tourism arrived at the parking lot on a bicycle, anxiously going back and forth trying to stop everyone from entering the water. "What organization are you from? Canoeing is not allowed here." "The people in the lake are the Wusha Junior High School kayaking team - they have permission to practice here. You can't go in!" "Did you apply? ..."
Ignoring the administrator's dissuasion, the action group smiled and insisted on entering the water. The reporter boarded Li Yuanzhi's boat and continued paddling toward the center of the lake. The administrator, as if ambushed by pirates, was extremely shocked, even muttering to himself at one point: "Strange? Did you apply? Impossible!" The administrator kept making phone calls for backup while using a mobile phone to gather evidence of the action group's "violations."
During the process, the advocates explained the action concept of "lifting water bans" to people exercising on the lakeside trail, emphasizing that for a calm, safe water body like Longtan Lake, the Yilan County Government's approach of prohibiting water activities is still too strict and hinders the development of legitimate water recreation. Many people expressed support and agreed with the concept: "Right! This lake is so calm and beautiful, there's no problem. Why is entering the water still prohibited?" "Lakes everywhere prohibit entering the water - that's unreasonable!"
Police arrive to enforce the law, shouting across the water; both sides face off twice at the lakeside and on shore
After entering the water, the action group paddled along the shore. As soon as they reached the opposite bank (near the entrance plaza), they encountered police officers who had arrived by motorcycle to reinforce. Upon seeing them, the officers immediately turned off their engines and angrily shouted: "People in the water paddling boats, stop immediately and come to shore!" However, the advocates insisted on completing a full circuit around the lake.
After completing the circuit, the action group returned to the launching point by the lakeside. Two police officers from the local station and two burly administrators from the Department of Industry, Commerce and Tourism also arrived at the shore. One of the officers again sternly ordered the advocates: "Please stop paddling immediately and come ashore now!" The group members responded by once again shouting the slogan "Ocean Nation, Lift Water Bans" and expressing their demands.
After the action group came ashore, police immediately approached to check the identity of every participant, including the reporter, who were required to provide ID numbers and household addresses. The advocates then unfurled pre-prepared banners on the spot, emphasizing that the water entry action was a demand for citizens' legitimate rights, calling on the Yilan County Government to implement "water opening." Both sides remained at an impasse.
County government document emphasizes that applications are required to enter the water
Since the police explained that they were not the law enforcement agency for that water body and were only assisting with evidence gathering, representatives from the Yilan County Government's Department of Industry, Commerce and Tourism took over coordination with the advocates. The advocates said: "The Executive Yuan has already announced the lifting of mountain and sea bans. Coming to Longtan Lake to paddle is not deliberate provocation or lawbreaking, but rather a hope that Yilan's waters can align with policy and be opened soon, providing the public with a reasonable space for water recreation."
The representative from the Department of Industry, Commerce and Tourism displayed a county government document on their phone, emphasizing: "Water activities shall be subject to application in accordance with the Yilan County Scenic Area Vessel Business Management Self-Governance Ordinance, and may only proceed after approval." However, group members responded: "Applying under your regulations means it will never be approved!" The two sides disagreed and once again reached an impasse.
Eventually, after apparently speaking with superiors by phone, the management staff told the action group that they hoped an application would be submitted next time, finally ending the standoff and confrontation on shore.
Reporter's firsthand verification: Executive Yuan policy emphasizes "open in principle," yet local government has not yet loosened restrictions
During the standoff, Yilan County Department of Industry, Commerce and Tourism personnel loudly announced: "In accordance with the Regulations Governing the Management of Water Recreation Activities, your actions are already illegal!" Ironically, the canoe advocates came to Longtan Lake to express their demands precisely in the hope that the Yilan County Government would follow the Executive Yuan's "lifting mountain and sea bans" policy.
The competent authority for the Regulations Governing the Management of Water Recreation Activities is the Tourism Bureau of the Ministry of Transportation and Communications. Case officer Wang Qianren recently stated in an interview with an Upstream and Downstream reporter that the Regulations Governing the Management of Water Recreation Activities is the legal basis authorizing water management agencies (national parks, scenic areas under the Ministry of Transportation and Communications, or general local governments) to open waters. The Tourism Bureau of the Ministry of Transportation and Communications even sent letters to all local governments emphasizing that the Regulations Governing the Management of Water Recreation Activities operates on the principle of "open in principle, prohibited by exception."
However, what the reporter and water activity advocates verified on site was that local governments' actual enforcement of the law still differs from the central government's position: "prohibited in principle, open by exception." But when the reporter asked on-site Department of Industry, Commerce and Tourism personnel about this, the management staff replied that they were not authorized to accept interviews and refused to answer.
County government: Local areas have Self-Governance Ordinances; central and local governments must amend laws in step to implement water opening
After coming ashore, the reporter contacted the Yilan County Government's Department of Industry, Commerce and Tourism, which oversees water activities. Section Chief Cai Ziyi of the Recreation Management Section responded: "The Yilan County Government has not prohibited water activities - rather, it adopts an application system. You can apply by submitting a plan. Civilian groups imagine the county government's attitude is prohibition, but in reality the county government does provide an application mechanism." He also asked why the advocates did not come to apply.
According to the application conditions of the Yilan County Government's water management regulations, there must be qualifying conditions such as "large-scale events, competitions, practice." Cai Ziyi stated that the county government's criteria for determination are flexible, not an outright prohibition, emphasizing that the county government's position is based on maintaining public water safety and recreational quality.
Regarding the Executive Yuan's policy announcement lifting mountain and sea bans and its letter stating "open in principle, prohibited by exception" as the spirit of the Regulations Governing the Management of Water Recreation Activities, Cai Ziyi raised local government difficulties: "Currently the central government is moving toward a policy of lifting water bans, and diverse water activities are emerging among the public, but local governments face pressure to adapt to local conditions and administer according to law. Locally, there is the Yilan County Scenic Area Vessel Business Management Self-Governance Ordinance enacted by the county council, which must also be respected."
However, Cai Ziyi admitted that under local self-governance, the attitude of the county government (its leadership) is key, and legally, central and local water management regulations still need room to advance in step.
Canoe Promotion Association: Looking forward to the blue territory being opened and shared by all citizens
Sun Chongshi, chairman of the Taiwan Canoe Promotion Association, believes that because regulations have not been loosened and local governments each act on their own, civilian canoe enthusiasts can almost only sneak onto the water, paddling illegally and taking their chances on whether they will be caught. Although they may not necessarily receive fines, this prevents the sport from growing. Sun Chongshi hopes that the national territory can truly belong to and be shared by all citizens, rather than always remaining stuck in the awkward situation where officials pay lip service while local governments stand still.
Sun Chongshi also cited the example of the Yilan County Government previously outsourcing the operation of the Dongshan River (verified to have since been taken back for direct county operation) - on one hand prohibiting water entry on grounds of danger, while on the other hand outsourcing operations of the same water body - a contradictory approach. Outsourced operators typically use reporting or expelling methods to exclude other citizens' right to water activities. He hopes the policy of lifting mountain and sea bans can put an end to the chaos in local government water governance.
Zhang Jingsen: Central government takes the lead in inter-ministerial coordination, local governments follow suit
Regarding the issue of opening waters, the central government has tasked Executive Yuan Minister Without Portfolio Zhang Jingsen with cross-ministerial coordination. A third coordination meeting has already been held. At the January 6 cross-ministerial consultation meeting, Zhang Jingsen repeatedly stated that the Executive Yuan's direction on water policy is very clear, and even if water management agencies want to retain an application system, application procedures should be simplified as much as possible.
Currently, national-level scenic areas and national parks have proposed related measures for opening waters, and the Water Resources Agency of the Ministry of Economic Affairs has asked reservoirs to study moderate opening and lifting of bans, with a review report to be submitted on January 15. However, some ministries have raised difficulties. The Sports Administration believes its administrative capacity is insufficient to guide the development of water sports. The Ocean Affairs Council believes that coordinating the opening of sea areas and harbors for water activity launch and landing points will involve regulations under the Fisheries Agency of the Council of Agriculture's Fishing Port Act, and still requires the Executive Yuan to establish a cross-ministerial consultation platform.
Zhang Jingsen stated that the Executive Yuan will begin by planning the opening of waters managed by central ministries, such as national parks under the Ministry of the Interior, national scenic areas under the Ministry of Transportation and Communications, and reservoir waters under the Water Resources Agency. Once the culture and activities of water sports take off, agencies that do not cooperate will begin to face pressure.
Zhang stated that the Executive Yuan's opening of the blue territory (waters) doubles Taiwan's national territory. He looks forward to civil society and government co-organizing grand adventures such as canoe circumnavigation of the island, promoting among the public a spirit of safety and self-challenge through adventure, and the courage to engage with the ocean and land waters - that is what truly makes a ocean nation.
