Disputes Regarding the Delineation of Maritime Navigation Routes in Taichung, Miaoli, and Hsinchu

The disputes regarding the delineation of navigation routes have risen after the third public hearing for the development of the Phase 3 sector on May 11, 2021. Navigation Routes include maritime navigation routes and inland water navigation routes. The dispute is centered around sea areas in Taiwan Strait north of Changhua off the coast of Taichung, Miaoli, and Hsinchu.

The Changhua Navigation Route might be considered as a reference for the framework and policy planning regarding Taiwan's current navigation routes. The MOTC Maritime and Port Bureau amended and announced the cross-strait direct navigation route on November 21, 2017, framing in the north and south navigation areas in the potential offshore wind farm sites of the coast of Changhua (Changhua Wind Farm Navigation Route) to support the offshore wind policy. The Navigation Route is 9 nautical miles wide and consists of the separated northbound and southbound routes. It includes a southbound and northbound navigation route that is 2 nautical miles wide, with a separation zone of 1 nautical mile wide in between, as well as 2 nautical miles of safety area from the potential wind farm sites on the east and west.

The purple area on the right of Changhua Wind Farm is a near-coast adjacent area. The purple arrows indicate the main navigation areas, and the blue arrows on the left and right indicate the navigation buffer area. According to international collision avoidance principles, all ships automatically sail to the right, so there is no controversy or difficulties regarding ships or vessels going to which route. Fishing boats will be allowed to pass through the east and west buffer zones and the near-coast navigation zone of Changhua.

The Bureau of Energy announced on November 19, 2020, that the zonal development will no longer be restricted to the potential sites of wind farms selected by the Ministry of Economic Affairs. Instead, developers can select and evaluate sites based on their development plan. Since then, the disputes involving navigation rights, fishing boats, and development rights in Taichung, Miaoli, and Hsinchu have intensified as different developers began to wrestle with the Maritime and Port Bureau for the "navigation route plans" that are most suitable for their development projects.

There are currently 4 plans for the delineation of maritime navigation routes in Taichung, Miaoli, and Hsinchu.

To summarize, the black lines indicate the baseline of the territorial sea. Each country is only permitted to designate navigation routes (navigation alleys) within the baseline.

Plan A involves direct navigation without separation of traffic. It is the extension of the main navigation areas of the Changhua Navigation Route (purple arrow). The Route stretching across the middle is the direct navigation Route of the Port of Taichung. Normally, a direct navigation route means that vessels exiting the Port of Taichung can be merely allowed to pass through the direct navigation area (merchant vessels or vessels with a gross tonnage of more than 300 tons).

The plan was created with the intent of extending the Changhua Navigation Route to the Port of Taipei. However, the issue that occurred with Plan A is that the direct route passes through the wind farm area specified independently by the developer. Hence Plan B, C, and D were proposed instead.

Plan B was mainly created to avoid direct overlapping with the wind farm area and avoid the area by setting up the navigation route in the deep-sea area further off the coast. Plan B was born out of a need to avoid disputes. It will not affect the development of the wind farm and allow vessels can sail safely to deeper waters.

According to Professor Kuang-ming Fang[1], seafarers are accustomed to maintaining a distance of at least 6 nautical miles from the shore when they set sail. "Modern merchant vessels are getting bigger and they are often 28,000 tons or even 200,000 or 300,000 tons in gross tonnage. As merchant's vessels become bigger, it is safer for them to maintain a greater distance from shore. There are fishing boats, shoals, submerged reefs, and many turbulent currents within 6 nautical miles from the shore, not to mention there are more turbulent currents as vessels approach the shore. It is to say that collisions and stranding are more likely to occur in shallower waters.” Fang explained.

[1]  Kuang-ming Fang has 32 years of experience working on the sea including 16 years as a captain and 12 years as a captain of the Coast Guard Administration. He retired upon reaching retirement age as the President of the Department of Navigation, Taipei University of Marine Technology and currently serves as an Associate Professor of Taipei University of Marine Technology.

Plan B is disputed because certain companies considered that the plans were only suitable for large vessels. In addition, if a vessel intends to sail to the Port of Taichung on this route, it has to make a detour. As most of the smaller vessels in Taiwan are not as well-equipped as larger vessels, they would have a higher chance of being rescued by the Coast Guard if they break down when they are closer to the shore.

However, sailing close to the shore may not necessarily be safe. Sea areas near the shore are affected by rising and falling tides as well as ocean currents. "After passing through Penghu, the ocean current starts to flow in the direction of the Port of Taipei. The currents turn in this direction, resulting in a significant amount of reflux around the Port of Taichung, especially in the Changhua Navigation Route and Taichung Navigation Route. The return flow generated by the current increases the occurrence of pyramidal waves." Captain Tseng, a retiree of a famous shipping company stated.

One can thus conclude that the northeast monsoon and ocean currents are concentrated in the central region of Taiwan, and accidents are thus more likely to occur in this area. Fang elaborated and said "the winds in Taiwan during the northeast monsoon are mainly blown from Yilan and Keelung. Strong winds in areas closer to shore are blocked by the Central Mountain Range. The Venturi effect is prominent in Taiwan Strait. In terms of the shape, the top part is shaped like the mouth of a large trumpet, and the central part between Penghu and Taiwan forms a very narrow pipe mouth. Due to the Venturi effect and saddle landform on both sides, all winds will be concentrated and maximized in that area during northeast monsoon season."

If the wind speed from the north is 9 on the Beaufort scale, the Venturi effect may increase the wind speed in this area to 11 on the Beaufort scale. "Certain smaller vessels may not wish to venture so far away from shore in such heavy wind, particularly in winter. We often use an idiom to describe the situation while the ships break down, that’s called”lighting your candles up” That is our way of saying a vessel that has broken down because you would need to light up candles in the engine room for emergency repairs. If a ship has broken down closer to shore, it would have a greater chance of being rescued by the Coast Guard if it calls for help." Fang explained.

Plan C and Plan D were thus created to separate traffic and allow smaller vessels to sail closer to shore. Separation means directing all small vessels with a gross tonnage of under 300 tons to the inner navigation route and directing large vessels with a gross tonnage of over 300 tons to the outer navigation route.

Plan C contains a turning point for the "inner navigation route" between Changhua Navigation Route and Taichung Navigation Route. The inner navigation route is only approximately 5 nautical miles from the shore but the navigation route is narrower. The point of controversy of Plan C is that the extension of the inner navigation route will cut into the anchorage area of the route and the site of the third LNG receiving terminal in Taoyuan. If the vessels' navigation route and the anchorage area overlap, it will increase the safety issues for navigation. It may be reasonable for boats to take the inner route, but there are fishing boats in the inner navigation route which includes fishermen's fishing area. In offshore areas from Taichung to Hsinchu, more fishermen cast nets in areas closer to shore.

" I would not take the inner navigation route because it poses a significant threat. There are fishing boats, fishing nets, shoals, submerged reefs, and even reflux and long waves in this navigation route. If I only have a margin of 5 nautical miles and if the boat breaks down, the northeast monsoon would blow the vessel straight to the shore. I would definitely be stranded." Captain Tseng confessed his thoughts.

How to turn a vessel from the inner navigation route to the anchorage area, companies have proposed solutions that involve making a turn from the anchorage area. It means that if a vessel enters Taichung Navigation Route from the Changhua Navigation Route, it must first make a turn. Once it reaches the anchorage area or the third LNG receiving station, it must make another turn. The other dispute is that the navigation route cannot affect the convergent area, where the Changhua Navigation Route and the Taichung Navigation Route overlap.

"No country in the world would plan turns in navigation Routes. The radars of certain fishing boats cannot receive signals if there is fog, heavy rain, or poor visibility. When vessels are berthed too close to shore and cannot receive radar alerts, they would invariably collide. The navigation Route in Plan C is too close to the convergent area of Taichung and would pose safety risks. Heavy rain, fog, or even snow would cause vessels to collide. My other concern is the intrusion into the Chinese white dolphin conservation area. Imagine having vessels transiting through Taiwan Strait more than 30,000 times a year. Divide 30,000 by 365 days and we will have approximately 100 vessels transiting through the area each day. If the inner navigation route includes the conservation area, you would wipe out the Chinese white dolphins." Fang said.

This is why Plan D, another plan with an inner navigation route, was born. Its difference with Plan C is that the inner navigation route follows a straight line from the Changhua Navigation Route but the navigation Route is smaller than the one in Plan A. In addition, Plan D is less likely to affect fishermen's near-shore fishing nets and does not overlap with the anchorage area. The affectedness to the convergent area in the Port of Taichung is relatedly small. Plan D may have a narrow navigation route as well, but it is slightly wider than the navigation route in Plan C. The dispute of this Plan is that the navigation route would cut off a small part of the wind farm sites which has been proposed by the developers. It is to say that the affectedness is quite minor of the overall development policy. The key point is that the navigation route of Plan D goes straight up from Changhua Wind Farm and is connected to the customary navigation Route. Large and small vessels using the customary navigation route and vessels entering the Port of Taichung without turning. The navigation route in this Plan is farther away from the confluence area and is relatively safe.

Regardless of the plan we adopt, navigation routes must be planned with a more international perspective. Taiwan Strait is not only important for its military value. Any experienced ship captain and navigator should understand that it is the lifeline of Japan's economy, Korea, and Mainland China. It is no less important than the Suez Canal. The design of all navigation routes within Taiwan's territorial waters is a major concern for all international shipping companies as it is an important international navigation route for the world. Therefore, regardless of which plan is adopted, the design of the navigation route requires rigorous data analysis and more open discussions. What we achieve now is hardly be imagine ten years ago regarding renewable energy, not to mention the offshore wind developments. It's the group efforts that bring us to come so far. It is pity that we enact rules and regulations in great haste and we are unable to make full use of their functions. We are in our thirteenth year of energy transformation. Taiwan, just like all of the other countries of the world, needs time to find its way.