Challenges and conflicts in the designation of Taiwan’s underwater cultural heritage protected areas

• Published in: Marine policy 2023-07, Vol.153, p.105656, Article 105656
• Main Authors: Kuo, Ching-Ching, Ou, Ching-Hsiewn, Chiau, Wen-Yan, Lee, Chao-Shing
• Format: Article
• Language: English
• Subjects: Taiwan; Underwater Cultural Heritage (UCH); Underwater Cultural Heritage Preservation Act (UCHA); Underwater Cultural Heritage Protection Zones
• ISSN: 0308-597X; 1872-9460
• DOI: 10.1016/j.marpol.2023.105656

This study aims to analyze the legislative background and current practices relevant to the preservation of Taiwan’s underwater cultural heritage (UCH) and compare it to the 2001 Convention on the Protection of the Underwater Cultural Heritage (2001 Convention) passed by the United Nations Educational, Scientific and Cultural Organization (UNESCO). Although Taiwan is not a contracting state, it actively enacted its own Underwater Cultural Heritage Preservation Act (UCHA) in 2015 and developed relevant sub-laws to establish a system for preserving its UCH, thereby demonstrating its determination to do so. Nevertheless, the UCHA has not been fully implemented and has room for improvement because of difficulties such as the lack of manpower, experience, and the complexity of the administrative jurisdiction of the various related agencies. This article introduces the major provisions of the UCHA, discusses recent UCH research conducted in Taiwan, and explores challenges concerning the delineation and management of UCH protection zones. The U.S. national system of marine protected areas (MPAs), including marine sanctuaries, has been used as a reference by Taiwan. Lessons learnt from the U.S. experience are summarized. Before concluding, the article proposes several strategies that Taiwan could follow to strengthen its future preservation of UCH. •The waters around Taiwan are rich in underwater cultural Heritage (UCH).•In line with the spirit of the United Nations Convention on the Protection of Underwater Cultural Heritage, Taiwan enacted its Underwater Cultural Heritage Preservation Act (UCHA) in 2015 but has not been fully implemented.•The in situ preservation of UCH and the establishment of UCH protected areas require more research and learning from advanced countries.•The conflicts of existing laws and regulations represent the challenges to preserve Taiwan’s UCH and need to examine and improve.•A comprehensive and coherent system including the coordination among relevant agencies, integration of natural and cultural heritage and engagement of stakeholders should be imposed.