Island Country’s Century-long Foresight COAST & WETLAND Discussing the Coastal Zone Management Act

Article/ Mei-Yun Tso

Interviewee(s)/ Chuan-An Wu, the first director of the Marine National Park Headquarters Wen-Yan Chiau, Chair Professor, Institute of Marine Affairs and Resource Management, National Taiwan Ocean University

Taiwan is a treasure island surrounded by the ocean. How has its coastal zone changed over the centuries? How do people view the coast and interact with wetlands? Do people understand the chants and sighs of the sea and tides? In addition to human factors, climate change has also impacted coasts and wetlands—what efforts have we made to protect them? With the official upgrade and operations of the National Park Service in 2023, the nation’s coastal zone and wetland management affairs have been designated to dedicated units. At this juncture, when the Coastal Zone Management Act and Wetland Conservation Act have reached the 10-year milestone following their legislation and implementation, it is worth reexamining the longlegislative process through which the two laws were initiated so that we can collect precious experience for the journey ahead.

What is the core essence of the Coastal Zone Management Act and the Wetland Conservation Act? We interviewed two very important people: Chuan-An Wu, the first director of the Marine National Park Headquarters (MNPH), and Wen-Yan Chiau, Chair Professor at Institute of Marine Affairs and Resource Management of National Taiwan Ocean University and also a drafter of the Civil Declaration of Wetland Preservation. They shared their understanding of the legislative process and the importance of conservation based on their own experiences.

Taiwan is an island surrounded by the ocean, endowed with rich marine resources. Ironically, in the past, the people on the island, despite their ocean lineage, had no affection or understanding of the sea. They even did things that hurt the sea and themselves due to certain historical circumstances. Fortunately, with increased government and public awareness of marine conservation, legislation has been enacted to protect the coastal zone and wetlands, and people have been encouraged to listen, respond, empathize, and resonate with the sea.

What is the core essence of the Coastal Zone Management Act and the Wetland Conservation Act? We interviewed two very important people: Chuan-An Wu, the first director of the Marine National Park Headquarters (MNPH), and Wen-Yan Chiau, Chair Professor at Institute of Marine Affairs and Resource Management of National Taiwan Ocean University and also a drafter of the Civil Declaration of Wetland Preservation. They shared their understanding of the legislative process and the importance of conservation based on their own experiences.

Mountain Access Ban and Coastal Defense under Martial Law

Taiwan was under martial law from 1949 to 1987.Many restrictions were imposed for national defense reasons such as preventing illegal immigration and ensuring national land security. As a result, for the people at that time, although the mountains were within sight and the coasts were nearby, they were psychologically far away. Chuan-An Wu, the first director of MNPH, personally witnessed that page in history.

As a student in the Department of Geology at National Taiwan University, Wu used to carry a camera to the mountains and sea areas for research surveys. When serving in the public sector after graduation, one of his regular routines was to take photos for field investigation and research. An incident occurred when he was photographing landscapes and plants in a coastal area in western Taiwan. As he squatted on the ground, camera in hand and ready to take photos, he suddenly heard a shout from behind: “What are you doing here? Don't move!” When he looked back, he saw a garrison command guard pointing a long gun at him and ordering him to stand up.

The scene is recalled vividly decades later. “Were you frightened?” “Not really. At that time, we knew that we needed to carry relevant official documents with us, so I just showed the document to the guard, and it was all right.” However, situations like this were daunting to ordinary people, and may seem unimaginable to younger generations that did not experience life under martial law. Being shrouded in such a specific political atmosphere, the people living on Taiwan island were forced to psychologically separate themselves from the sea.

Definition and Scope of Coastal Zone

We can see the ocean, and the area where land meets the sea. However, what exactly is the “coastal zone” referred to in legal provisions? According to the clear definition given in the Coastal Zone Management Act, the term “coast zone” refers to the strip where the marine area and the land meet, which is divided into “shore land area” and “offshore area”. The “shore land area” refers to the area from the average high tide line to the first provincial highway, coastal road, or mountain ridge.

The term “high tide line” means the highest point on land that the water reaches as the tide rises; the “low tide line” is the lowest point on land to which the tide recedes. Since the tides vary from day to day, the average high tide line and average low tide line are employed to define the scope of the coastal zone. The“intertidal zone” that most people are familiar with refers to the area between high tides (flood tides) and low tides (ebb tides).

Taking Tainan City as an example, the impact of flood tides on traffic safety was taken into consideration when designing Provincial Highway No. 17. The Coastal Highway is the boundary that will not be affected by flood tides, and thus the scope of Tainan City’s shore land area extends from the average high tide line to Provincial Highway No. 17.

As for the “offshore area”, it extends from the average high tide line to the 30-meter isobaths, or the area 3 nautical miles out to sea. Why 30 meters? This is related to the conditions for coral reef growth. As we know, algae and coral have a symbiotic relationship. Algae, as a type of plant, perform photosynthesis, and therefore require sunlight. Therefore, the depth of 30 meters is critical as it is the depth where sunlight can most likely be received underwater.

Why Coastal Zones are Important?

As indicated by Liou-yi Liao, a former Minister of the Interior, “Conservation of wetlands and coastal zones is a commonly accepted concept around the globe. A country cannot be considered ‘advanced’ if it fails to fulfill its conservation responsibilities.” But some people still get confused—as human beings, our main habitat is on land; why should we pay extra attention to coastal conservation? Director Wu always seizes the opportunity to explain this matter before every speech or meeting. “Coastal resources, in addition to producing from aquatic products, also ser ve functions for ecology, economy, national land conser vation, recreation and tourism, environmental education, and academic research.

Taiwan’s mountains and coasts were once subject to strict controls. Although martial law was lifted in 1987 and the areas were gradually opened thereafter, over a period of more than 20 years, due to the lack of appropriate laws and regulations for coastal zone administration, overdevelopment by human beings, and climate change, the coasts were eroded and pollution became increasingly serious. During the “vacancy period” before egislation was completed and administration was carried out, the coastal zone was sacrificed at the altar of economic development, and wetlands were undervalued and destroyed

Land Subsidence Triggers National Land Conservation Alert

In the 1970s and 1980s, grass shrimp breeding was a popular economic activity in southern Taiwan. Grass shrimp bred in seawater were declared to have a better flesh texture, but the disadvantage was that it took more time for the shrimp to molt, thus prolonging the breeding cycle. An alternative method was discovered: by using the brackish water to breed shrimp, the breeding cycle could be shortened and a better profit margin achieved. Soon after this technique was revealed, shrimp farm owners began to dig wells for groundwater extraction, which eventually led to a national land conservation crisis—land subsidence.

“I could hardly believe my own eyes.” In 1980, Wu conducted a field investigation in Jiadung Township, Pingtung County. When he walked into a house, he felt something strange. The homeowner told him that the entrance being used was in fact at the house’s second floor. Since the adjacent road had been raised to facilitate drainage, the house’s ground floor had become a basement. The ground floor where the kitchen and living room were located would become an underwater world whenever it rained; a bizarre scene resulting from land subsidence. The shocking experience remains strong in Wu’s memory.

Why did land subsidence occur? It was caused by aquaculture farm owners’ excessive groundwater extraction for more profit. Wu explains that the structure of a coastal groundwater layer, which is in the shape of inverted pyramid, is different from that of an inland groundwater layer. As a result of groundwater extraction, the underground soil layer is compressed and its thickness reduced, leading to seawater intrusion and land subsidence. This is an irreversible phenomenon—once it occurs, the ground height can never be restored. Moreover, with global climate change, the rising sea level has accelerated the retreat of coastlines.

History of Coastal Zone Management Act Legislation

In addition to land subsidence, the Ten Major Construction Projects that laid the foundation for Taiwan’s island-wide infrastructure and boosted Taiwan’s economic development in the 1970s also caused a certain degree of environmental degradation. During that period, NIMBY (Not in My Back Yard) facilities were set up here and there, there were frequent reports of pollution incidents, and beautiful mountains and seas sobbed over the damage they suffered. Such miseries lasted until the public became aware of the importance of environmental protection, and began advocating the preservation of coastal areas.

To preserve the natural landscapes and ecological resources in Taiwan’s coastal areas, the Executive Yuan approved the “Nature and Environment Conser vation Project for Taiwan’s Coastal Areas” and its follow-up projects in February 1984 and January 1987, respectively, through which 12 beautiful and special coastal areas in Taiwan were included in the scope of control and conservation. In November 1989, the Executive Yuan’s Environmental Protection Taskforce held its 14th committee meeting, where the task implementation entity—the Construction and Planning Agency’s National Parks Division—reported the implementation status to all committee members. The meeting concluded that the Construction and Planning Agency should list coastal zone management legislation as a key task.

As required by the meeting, the National Parks Division embarked on the task items related to the legislation.

Director Wu describes the legislative process in sequence. He had participated in every critical event and moment. According to his detailed narrative, the process saw a change of agency head and shift of competent authority. In September 1991, the Executive Yuan instructed the Ministry of the Interior through an official letter to embark on the drafting of the Coast Zone Act. What followed was a lengthy legislative review process. The competent authority submitted the draft to the Legislative Yuan for review four times in 1997, 2000, 2002, and 2008. However, the legislation was still incomplete after four submissions.

In 2013, director Po-Lin Chi’s documentary Beyond Beauty-Taiwan from Above received an incredible response from Taiwan society. People could view real images of Taiwan’s coastal zone through aerial photography. The documentary revealed that in addition to coastal areas’ stunning beauty, there were numerous scars on the land, densely located fishing ports, eyesore tetrapods, and eroded and retreated coastlines. People were astonished and demanded that the government intervention to protect the coastal zone be introduced immediately.

On June 25, 2014, the Coastal Zone Act draft was submitted to the Legislative Yuan for the fifth time. On January 20, 2015, the Coastal Zone Act draft was finally passed in the third reading and renamed the Coastal Zone Management Act, which was officially promulgated and implemented on February 4, 2015. A legislative process of at least 26 years was finally completed. In fact, before the Coastal Zone Management Act came into existence, Chuan-An Wu and colleagues at Kenting National Park had strongly advocated that relevant laws must be followed for the administration of coastal zone affairs, demonstrating their passion and achievements in protecting Taiwan’s coastal zone.

Coastal Highway not Near the Coast

Many people dream of taking a round-the-island tour of Taiwan, especially for the unrivaled scenery along the 1,200-kilometer coastline. However, one section of the round-the-island highway, in Hengchun Peninsula’s Kenting area, is not near the coast.

In 1992, in order to construct the round-theisland highway’s Kenting-section, the highway agency selected a route starting from Jialeshui, stretching northwards to Jiupeng and Gangzai by crossing the Mount Nanren Ecological Protected Area. The Kenting National Park Headquarters strongly disagreed with this proposal based on the perspective of ecological conservation. Chuan-An Wu, who served as the chief of the Conservation Division at that time, said that “A turn can be made when a road is blocked by a mountain; however, the precious ecosystems, once being destroyed, will disappear”.

The highway construction agency argued that that road must cross through the ecological preser ve for “war preparedness needs”. Despite this tough stance, the Kenting National Park Headquarters also held fast to its position on ecological conservation, with the support and authorization from then director MengHsiung Shih, representatives of the National Park Headquarters remained steadfast in following regulations stipulated by the National Park Law, and opposed the road construction proposal. Thus, Provincial Highway No. 26’s Gangkou section bypassed the protected area and connected to County Road No. 200, becoming one of the two sections of Taiwan’s round-the-island highway where the road is separated from the sea.

Provincial Highway No. 26

Provincial Highway 26, also known as Ping-E Highway or the Southern Coastal Highway, is a provincial highway encircling the coast of Hengchun Peninsula in southern Taiwan. The highway stretches between Fenggang at Fangshan Township in Pingtung County, and Anshuo at Daren Township in Taitung County, with a total length of 93.5 kilometers.

According to the original plan formulated by the Directorate General of Highways, the highway would stretch between Taitung’s Nantian and Pingtung’s Gangkou. However, since the route would pass through an ecological preserve, road construction was interrupted twice due to the consideration of nature and ecosystem conservation. In 1992, the construction was suspended as the route was proposed to pass through the Mount Nanren Ecological Protected Area. In 2012, Pingtung County Government designated Xuhai-Guanyinbi as part of a natural and cultural preserve; as a result, construction work on the 7-kilometer section between Xuhai and Xianantian was forced to stop until now. Although the entire Provincial Highway No. 26 has yet to be completed, alternative roads have been provided to maintain the area’s accessibility.