Article 1(Purpose) #
The purpose of this Act is to contribute to increasing the income of fishermen through the comprehensive utilization and management of inland waters and protecting and nurturing fishery resources by prescribing fundamental matters concerning inland fisheries.
[This Article Wholly Amended on May 17, 2010]
Article 2(Definitions) #
The definitions of terms used in this Act are as follows: <Amended on Aug. 27, 2019; Feb. 18, 2020>
1. The term "inland waters" means rivers, dams, lakes, marshes, reservoirs, and other streams or bodies of freshwater or brackish water (mixture of seawater with fresh water) created artificially;
2. The term "public waters" means inland waters owned or managed by the State, local governments or public organizations prescribed by Presidential Decree;
3. The term "private waters" means inland waters naturally or artificially created on the privately owned land;
4. The term "waters manager" means a person who possesses or occupies public waters or private waters, or has actual control thereof by other means;
5. The term "inland fisheries" means the business of capturing or gathering aquatic animals and plants within inland waters;
6. The term "fish ladder" means a waterway or structure artificially installed to facilitate the smooth migration of aquatic organisms, such as diadromous fishes, etc., inhabiting rivers.
[This Article Wholly Amended on May 17, 2010]
Article 3(Waters subject to application of this Act) #
(1) This Act shall apply to public waters; provided, in cases where any special provision exists, this Act shall also apply to private waters.
(2) This Act shall be applicable to private waters adjoining public waters, both of which unit into one.
[This Article Wholly Amended on May 17, 2010]
Article 4(Restriction in private waters adjoining public waters) #
(1) The occupiers of private waters adjoining public waters, both of which unit into one, or the owners of the site of such private waters may restrict or prohibit inland fisheries by other persons within such private waters after obtaining permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of the autonomous Gus; in cases of the Han River in Seoul Special Metropolitan City, the head of an agency which takes charge of duties concerning the management of the Han River; hereinafter the same shall apply). <Amended on Mar. 21, 2017>
(2) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu has granted permission as prescribed in paragraph (1), he or she may allow inland fisheries in such private waters only by the person granted permission. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 5(Formulation of master plans) #
(1) For the continuous development of inland fisheries, the Minister of Oceans and Fisheries shall formulate a master plan for inland fisheries (hereinafter referred to as "master plan") every five years, concerning the following: <Amended on Feb. 3, 2015>
1. Matters concerning basic direction-setting for the development policy on inland fisheries;
2. Matters concerning nurturing and protecting inland fishery resources;
3. Matters concerning the improvement in the productivity of inland fisheries;
4. Matters concerning the creation of a foundation for inland recreational fishing;
5. Matters concerning the development and dissemination of technology for the utilization and processing of aquatic products produced from inland fisheries;
6. Deleted; <Aug. 27, 2019>
7. Other matters necessary for the development of inland fisheries.
(2) Each local government shall formulate a detailed implementation plan for the advancement of inland fisheries (hereinafter referred to as "implementation plan") every year, in accordance with the relevant master plan, and shall endeavor to secure financial resources necessary therefor. <Amended on Feb. 3, 2015; Feb. 18, 2020>
(3) When the Minister of Oceans and Fisheries formulates or modifies a master plan, he or she shall submit such plan to the relevant standing committee of the National Assembly without delay; provided, the foregoing shall not apply to modification of any minor matter prescribed by Presidential Decree. <Added on Feb. 3, 2015; Feb. 18, 2020>
(4) In order to effectively formulate and implement a master plan, the Minister of Oceans and Fisheries may conduct a fact-finding survey on the current status, etc. of inland fisheries. <Added on Feb. 3, 2015>
(5) The Minister of Oceans and Fisheries may request the head of a relevant central administrative agency, local government, or public institution or the head of a related institution or organization, to submit related materials, if necessary to formulate a master plan. In such cases, the head of the central administrative agency, etc., in receipt of a request for submitting materials, shall comply therewith, unless there is good cause. <Added on Feb. 18, 2020>
(6) When the Minister of Oceans and Fisheries formulates or modifies a master plan (excluding cases falling under the proviso of paragraph (3)), he or she shall publish such fact and notify it to the heads of relevant central administrative agencies and the heads of local governments, as prescribed by Decree of the Ministry of the Oceans and Fisheries. <Added on Feb. 18, 2020>
Article 6(Licensed fisheries) #
(1) A person who intends to run any of the following fisheries in inland waters shall obtain a license from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree: <Amended on Mar. 21, 2017>
1. Deleted; <Aug. 27, 2019>
2. Fixed shore net fisheries: Fisheries capturing aquatic animals by partitioning off specific waters and laying fishing implements at a certain place;
3. Joint fisheries: Fisheries catching and gathering aquatic animals and plants by nurturing and managing fishery resources by exclusively using specific waters in order to increase the common interests of local residents.
(2) The names, methods and scale of fisheries provided for in the subparagraphs of paragraph (1) shall be prescribed by Decree of the Ministry of the Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 17, 2010]
Article 7(Fishing rights) #
(1) Those who have obtained a fishing license under Article 6 shall obtain a fishing right by registering in the fishing rights register under Article 17(1) of the Fisheries Act.
(2) Article 16(2) and (3) of the Fisheries Act shall apply to the fishing rights under paragraph (1).
(3) The fishing rights obtained by an inland fisheries association under Article 15 shall be owned collectively by such inland fisheries association.
(4) When the original purpose of any of the following facilities is in danger of being undermined due to force majeure events, such as drought, flood, etc., a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order fishing rights holders to remove fishing facilities or to take necessary measures at the request of a waters manager: <Amended on Mar. 21, 2017; Jun. 15, 2021>
1. Infrastructure for agricultural production under subparagraph 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;
2. Multipurpose dams under subparagraph 2 of Article 2 of the Act on Construction and Management of Dams and Assistance to Their Environs.
(5) If a fishing rights holder fails to take necessary measures in cases under paragraph (4), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may take such measures as proxy to the minimum extent necessary for the maintenance of the facilities under the subparagraphs of paragraph (4), or require a waters manager to take such measures, and the losses incurred to the fishing rights holder due to such execution by proxy shall not be compensated. <Amended on Mar. 21, 2017>
(6) The Administrative Vicarious Execution Act shall apply mutatis mutandis to execution by proxy under paragraph (5).
[This Article Wholly Amended on May 17, 2010]
Article 8(Succession to rights and duties at time of disposition) #
The rights and duties accruing to fishing rights holders by orders, dispositions, limitations or conditions under the Fisheries Act and the Fishery Resources Management Act applied mutatis mutandis under this Act or Article 22 shall be transferred along with the fishing rights. The same shall apply to the rights and duties accruing to fishing rights holders by the occupation and use of rivers under statutes relating to rivers.
[This Article Wholly Amended on May 17, 2010]
Article 9(Fisheries subject to permits) #
(1) A person who intends to run any of the following fisheries in inland waters shall obtain a permit from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 21, 2017>
1. Gill net fisheries: Fisheries capturing aquatic animals using gill nets;
2. Seedling capturing and gathering fisheries: Fisheries capturing and gathering the seedlings of aquatic animals and plants to breed them or to sell them to aquaculturists, etc.;
3. Longline fisheries: Fisheries capturing aquatic animals using reels and lines;
4. Shellfish gathering fisheries: Fisheries capturing and gathering shellfish and other sedentary animals using dredge nets or other fishing implements for gathering shellfish prescribed by Decree of the Ministry of the Oceans and Fisheries;
5. Deleted; <Mar. 9, 2011>
6. Fisheries using winged gape nets: Fisheries capturing aquatic animals using winged gape nets;
7. Fisheries using stationary rectangular nets: Fisheries capturing aquatic animals using stationary rectangular nets.
(2) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu grants a permit for fisheries under paragraph (1), he or she shall consider situations concerning the usage, status of resources, management and utilization of inland waters. <Amended on Mar. 21, 2017>
(3) The scale and methods of operating fisheries provided for in paragraph (1) shall be prescribed by Decree of the Ministry of the Oceans and Fisheries. <Amended on Mar. 23, 2013>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") may, where necessary for the coordination of fisheries, limit the areas of operation, scale and methods, etc. of fisheries subject to a permit with the approval of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 10(Order of priority) #
(1) Fishing licenses and fishing permits under Articles 6 and 9 shall be based on the order of priority listed in the following: <Amended on Aug. 27, 2019>
1. Inland fisheries associations organized for the common interest of local fishermen in the waters for which a fishing license or fishing permit is sought, and corporations and organizations related to inland waters;
2. Persons who ran or were engaged in the same fisheries as those for which an application for a fishing license or fishing permit has been filed;
3. Persons who have experiences and accomplishments concerning the development of inland fisheries and the export of aquatic products.
(2) Notwithstanding paragraph (1), the order of priority of fishing permits under Article 9 may be prescribed by Ordinance (referring to Ordinance of the Seoul Special Metropolitan City in cases of the Han River under the jurisdiction of the Seoul Special Metropolitan City; the same shall apply hereinafter) of the relevant Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu, and to an agency in charge of the duties concerning the management of the Han River in cases of the Han River under the jurisdiction of the Seoul Special Metropolitan City; the same shall apply hereinafter), considering the situation, etc. of local fisheries. <Amended on Mar. 21, 2017>
(3) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor and the head of a Si/Gun/Gu determines the order of priority as prescribed in paragraphs (1) and (2), he or she may exclude any of the following persons from the order of priority. In such cases, the determination shall undergo the deliberation of the Inland Fisheries Coordination Council established in a Special Self-Governing City, a Special Self-Governing Province or a Si/Gun/Gu: <Amended on Mar. 21, 2017>
1. Persons who have been issued administrative disposition in the waters, for which they intend to obtain a fishing license or fishing permit, due to the violation of an order, disposition, limitation or condition under the Fisheries Act and the Fishery Resources Management Act applied mutatis mutandis under this Act or Article 22;
2. Persons whose management and operation of fishing ground are deemed extremely poor, for which a fishing license or fishing permit is sought;
3. Persons who obtained fishing rights under Article 7(1) and have transferred them without good cause.
Article 11(Fisheries subject to reporting) #
(1) A person who intends to run fisheries prescribed by Presidential Decree, which are fisheries other than those provided for in Articles 6 and 9, in inland waters shall report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(2) A person who intends to run fisheries provided for in subparagraphs of Article 6(1), subparagraphs of Article 9(1), or paragraph (1), in private waters shall report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify a person who files a report under paragraph (1) or (2) of whether such report is accepted within five days of the date he or she receives the report. <Added on Mar. 21, 2017>
(4) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu fails to notify a person who files a report of whether such report is accepted within the period referred to in paragraph (3) or of whether the period during which the report is processed is extended under statutes related to addressing civil petitions, the report shall be deemed to be accepted on the day following the day on which the relevant period ends. <Added on Mar. 21, 2017>
(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall identify the current circumstances and actual status of fisheries in private waters under their jurisdictions, as prescribed by Decree of the Ministry of the Oceans and Fisheries; a Special Self-Governing City Mayor or a Special Self-Governing Province Governor shall notify the Minister of Oceans and Fisheries of such matters, and the head of a Si/Gun/Gu shall notify the Minister of Oceans and Fisheries of the same through Mayors/Do Governors. <Amended on Mar. 23, 2013; Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 12(Consultation on use of waters) #
(1) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu has received an application for a license or permit or a report under Articles 6,9 or 11(1), he or she shall consult with a relevant inland waters manager in advance. The same shall apply to permission to extend the period of license under Article 13(3). <Amended on Mar. 21, 2017>
(2) When the inland waters manager has received a request for consultation on the use of waters under paragraph (1), he or she shall give priority to the request insofar as the maintenance of facilities and purpose of preservation of such waters are not obstructed.
[This Article Wholly Amended on May 17, 2010]
Article 13(Term of validity of fisheries) #
(1) Deleted. <Aug. 27, 2019>
(2) The term of validity of fishing licenses under Article 6(1)2 and 3, of fisheries subject to permit under Article 9(1) and of fisheries subject to reporting under Article 11 shall be five years; provided, where necessary for the implementation of public utilities and in cases prescribed by Presidential Decree, such term of validity may be less than five years.
(3) Except for cases in which grounds falling under the proviso of paragraph (2), subparagraphs of Article 10(3), and Article 16(1)1 and 2 exist, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor and head of a Si/Gun/Gu shall allow the extension of term of validity within the period prescribed in the main clause of paragraph (2) from the date on which the term of validity of fisheries expires if a fishing rights holder files an application. In such cases, when permission for extension has been granted on more than two occasions, total extended period of permission shall not exceed five years for fisheries subject to permit. <Amended on Mar. 21, 2017; Aug. 27, 2019>
[This Article Wholly Amended on May 17, 2010]
Article 14(Coordination of waters of operations) #
(1) Where inland waters, for which a license or permission is to be obtained or a report is to be filed under Articles 6,9 or 11, extends over two or more Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos or Special Self-Governing Provinces, the relevant Mayors/Do Governors shall have consultations and determine an agency to receive an application for a license or permit, or a report. <Amended on Mar. 21, 2017>
(2) Where inland waters, for which a license or permit is to be obtained or a report is to be filed under Article 6, 9 or 11, extends over two or more Sis/Guns/Gus, the Mayor/Do Governor having jurisdiction over the relevant Sis/Guns/Gus shall determine an agency to receive an application for a license or permit, or a report.
[This Article Wholly Amended on May 17, 2010]
Article 15(Inland fisheries association) #
(1) Fishermen of inland waters residing in a specific area may organize an inland fisheries association for the purpose of increasing their common interests.
(2) An inland fisheries association shall be established in each administrative district where inland waters for fisheries are located; residents in an area adjoining such inland waters shall be eligible for membership in such association; and the number of its members shall be five or more persons.
(3) To organize an inland fisheries association, the articles of association shall be prepared and resolved at the inaugural meeting.
(4) Matters to be stated in the articles of association, dissolution, organization, operation, etc. of an inland fisheries association shall be prescribed by Decree of the Ministry of the Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 17, 2010]
Article 16(Restriction on fisheries for public interest) #
(1) In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may restrict or suspend a fishing license, or fisheries subject to a permit or reporting, or revoke a fishing license or fishing permit: <Amended on Mar. 21, 2017; Jan. 11, 2022>
1. Cases falling under any of Article 33 (1) 1 through 4, 8, and 9 of the Fisheries Act, which are applied mutatis mutandis under Article 22;
2. Where it is necessary to restrict or prohibit fisheries in the relevant waters under other Acts;
3. Cases falling under any of the subparagraphs 1 through 5 of Article 34 of the Fisheries Act, which are applied mutatis mutandis under Article 22;
4. Where aquatic animals and plants have been cultured or released in inland waters without obtaining approval for transplanting fishery resources under Article 35(1)5 of the Fishery Resources Management Act, which is applied mutatis mutandis under Article 22.
(2) The head of a related administrative agency may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or heads of Sis/Guns/Gus to place restrictions, etc. on fisheries for the public interest under paragraph (1). <Amended on Mar. 21, 2017>
(3) Procedures for placing restrictions, etc. on fisheries for the public interest as prescribed in paragraph (1)1 through 4 and matters necessary for requesting restrictions, etc. on fisheries for the public interest under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 17, 2010]
Article 16-2(Hearings) #
When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to revoke a fishing license or fishing permit under Article 16(1), he or she shall hold a hearing. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 17(Subsidies) #
The Minister of Oceans and Fisheries, Mayors/Do Governors or heads of Sis/Guns/Gus (hereinafter referred to as "administrative offices") may, within budgetary limits, grant a subsidy or provide a loan to cover all or some of the expenses incurred in encouraging and promoting inland fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 17, 2010]
Article 18(Order in recreational fishing) #
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may, for the proliferation and protection of inland fishery resources, protection of inland water ecosystem, and establishment of order in recreational fishing, etc., place restrictions on fishing gear, time, fishes to capture, areas, etc. for the recreational fishing, such as angling, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 19(Prohibition of harmful fishing methods) #
No one shall capture or gather aquatic animals and plants in inland waters using explosives, substances acutely hazardous to human health, substances chronically hazardous to human health, substances hazardous to the environment, or electricity; provided, this shall not apply where permission to use such methods has been obtained from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu. <Amended on Mar. 21, 2017; Feb. 6, 2024>
[This Article Wholly Amended on May 17, 2010]
Article 19-2(Securing migration routes for aquatic organisms, such as diadromous fishes) #
(1) Any person who uses fishing gear in a river, which blocks the migration routes of aquatic organisms, such as diadromous fishes, etc. shall leave one fifth or more of the entire width of the river open for the migration of aquatic organisms, such as diadromous fishes, etc. after choosing a place at which the river is as deep as or deeper than its average depth.
(2) The Mayors/Do Governors or the heads of Sis/Guns/Gus may, if deemed necessary for securing the migration routes of aquatic organisms, such as diadromous fishes, etc. determine the relevant waters and period and place restrictions on fisheries.
(3) A person who intends to install artificial structures in a river which block the flow of water, shall leave part of the river open for a fish route or install a fish ladder after consultation with the Minister of Oceans and Fisheries; provided, this shall not apply to any of the following cases, in which a person who intends to install a dam with a size greater than a specific size prescribed by Decree of the Ministry of the Oceans and Fisheries, from among the dams falling under Article 39 of the River Act, takes measures necessary for the breeding and protection of fish resources, such as the building of fish spawning grounds and breeding facilities and the release of fingerlings, after consultation with the Minister of Oceans and Fisheries: <Amended on Mar. 23, 2013>
1. Where the installation of fish ladders is deemed by the Minister of Oceans and Fisheries to be inappropriate given the characteristics of the dam or the surrounding natural features and conditions;
2. Where the number of diadromous fishes inhabiting the river is found to be considerably small during a specific period prescribed by Decree of the Ministry of the Oceans and Fisheries, as a result of a survey on the habitats of fish species which is, upon request, conducted by fishery-related national or public testing and research institutes.
(4) Standards, procedures, etc. for restrictions on fisheries referred to in paragraph (2) shall be prescribed by Municipal Ordinance of the relevant local government, as prescribed by Decree of the Ministry of the Oceans and Fisheries; and the procedures for consultation and the standards and methods, etc. for installing fish ladders, as prescribed in paragraph (3) shall be prescribed by Decree of the Ministry of the Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 17, 2010]
Article 19-3(Formulation and implementation of comprehensive management plans for fish ladders) #
(1) The Minister of Oceans and Fisheries shall formulate and implement every five year a comprehensive management plan for fish ladders (hereinafter referred to as "comprehensive management plan") including the following matters in order to systematically install and manage fish ladders: <Amended on Mar. 23, 2013>
1. Basic goals of and direction-setting for fish ladders;
2. Matters concerning installation and follow-up management of fish ladders;
3. Matters concerning development and supply of fish ladders;
4. Matters concerning procurement of resources necessary for installation and management of fish ladders;
5. Other matters that the Minister of Oceans and Fisheries deems necessary for the installation and management of fish ladders.
(2) Where the Minister of Oceans and Fisheries intends to formulate or modify a comprehensive management plan, he or she shall consult with the head of a relevant central administrative agency and the relevant local governments in advance; provided, this shall not apply where he or she modifies minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries may request the head of a relevant central administrative agency and a relevant local government to submit materials, if necessary to formulate a comprehensive management plan. In such cases, the head of the relevant central administrative agency or the relevant local government shall comply with such request, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) A respective Mayor/Do Governor shall formulate and implement a City/Do management plan for fish ladders (hereinafter referred to as "City/Do plan") each year in accordance with the comprehensive management plan.
(5) The head of a Si/Gun/Gu shall formulate and implement a Si/Gun/Gu management plan for fish ladders (hereinafter referred to as "Si/Gun/Gu plan") each year in accordance with a respective City/Do plan.
(6) When formulating plans for Cities/Dos and Sis/Guns/Gus, respectively, Mayors/Do Governors and the heads of Sis/Guns/Gus shall listen to the opinions of the relevant agencies, inland fisheries association and residents in advance. The same shall apply where they shall modify City/Do plans and Si/Gun/Gu plans.
Article 19-4(Fact-finding surveys) #
(1) The Minister of Oceans and Fisheries and the heads of local governments shall, on a regular basis, conduct a survey on the actual status of the installation and management of fish ladders and reflect its findings in the respective comprehensive management plan, a plan for City/Do and a plan for Si/Gun/Gu. <Amended on Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries and the heads of local governments may request the head of relevant central administrative agency or local government or the head of a public institution as defined in the Act on the Management of Public Institutions, an obligor to install fish ladders referred to in Article 19-2(3), or other relevant corporation and organization to submit necessary materials or require them to state their opinions, if necessary to conduct a fact-finding survey provided in paragraph (1). In such cases, the head of the relevant central administrative agency shall comply with such request, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(3) The timing for, scope and method of conducting a survey on actual status provided for in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on May 23, 2012]
Article 19-5(Creation and operation of database for management of fish ladders) #
(1) The Minister of Oceans and Fisheries may create and operate a database concerning the management of fish ladders based on a survey on actual status conducted under Article 19-4 in order to systematically manage the fish ladders. <Amended on Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may entrust the creation and operation of a database provided for in paragraph (1) to a specialized agency, if necessary for efficiently creating and operating a database. <Amended on Mar. 23, 2013>
(3) The creation and operation of a database provided for in paragraph (1), and matters necessary for entrustment provided for in paragraph (2) shall be prescribed by Decree of the Ministry of the Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Added on May 23, 2012]
Article 19-6(Follow-up management of fish ladders) #
(1) The Minister of Oceans and Fisheries and the head of a relevant local government may require the relevant public official to inspect or peruse the following for the effective follow-up management of fish ladders. In such cases, the public official who inspects or peruses shall carry a document indicating his or her authority and present it to interested persons: <Amended on Mar. 23, 2013>
1. A survey on the actual status of management and maintenance of fish ladders;
2. A feasibility study of installation of fish ladders;
3. Perusal of the related ledgers or documents of the person who has installed fish ladders pursuant to Article 19-2(3).
(2) A person who has installed fish ladders pursuant to Article 19-2(3) shall implement follow-up management including the improvement and repair of the installed fish ladders on a regular basis, as prescribed by Decree of the Ministry of the Oceans and Fisheries, and may place human resources necessary therefor. In such cases, the State or a local government may, within budgetary limits, support the person who has installed fish ladders with expenses incurred in follow-up management and human resources placement. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(3) When conducting an inspection or perusal pursuant to paragraph (1), no related person shall refuse, obstruct or evade such inspection or perusal without good cause.
[This Article Added on May 23, 2012]
Article 19-7(Orders to take measures) #
(1) When it is deemed that a person who has installed fish ladders under Article 19-2(3) fails to assume an obligation to implement follow-up management under Article 19-6(2) and thus poses a substantial potential risk to the management of fish ladders, the Minister of Oceans and Fisheries and the head of a relevant local government may order him or her to take corrective action or necessary measures, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) With respect to a river where a fish ladder has been installed pursuant to Article 19-2(3), where it is necessary to install additional fish ladders as a result of a survey on actual status conducted under Article 19-4 and an inspection conducted under Article 19-6(1), the Minister of Oceans and Fisheries or the head of a local government may order the relevant obligator to install the additional fish ladders. In such cases, the Minister of Oceans and Fisheries and the head of a local government may, within budgetary limits, support the relevant obligator with expenses incurred in installing the additional fish ladders. <Amended on Mar. 23, 2013>
[This Article Added on May 23, 2012]
Article 20(Relationship to other statutes) #
Where a license or permit is obtained or a report is filed as prescribed in Article 6,9 or 11, permission or approval in the following subparagraphs shall be deemed to have been obtained, or a discussion shall be deemed to have been held: <Amended on Dec. 27, 2016; Jun. 15, 2021>
1. Discussion with river management agencies under Article 6 of the River Act or approval therefrom;
2. Permission to occupy and use rivers as prescribed in Article 33 of the River Act and permission to use river water as prescribed in Article 50 of the same Act;
3. Permission for occupation and use under Article 26 of the Act on Construction and Management of Dams and Assistance to Their Environs;
4. Permission for occupation and use under Article 8 of the Public Waters Management and Reclamation Act;
5. Permission for use under Article 23(1) of the Rearrangement of Agricultural and Fishing Villages Act.
[This Article Wholly Amended on May 17, 2010]
Article 21(Compensation) #
(1) A person who has suffered loss due to any of the following dispositions may request compensation from the administrative office which has issued such disposition: <Amended on Feb. 18, 2020; Jan. 11, 2022>
1. Where he or she has been issued a disposition of restriction, suspension or revocation of his or her fishing license, fisheries subject to a permit or reporting due to a ground falling under Article 16(1)1 (limited to cases falling under Article 33(1)1 through 4 of the Fisheries Act) and 2; provided, where fisheries subject to a permit or reporting is restricted on grounds falling under Article 16(1)1 (limited to cases falling under Article 34(1)1 through 3 of the Fisheries Act), such cases shall be excluded;
2. Where the extension of the term of validity of a fishing license under Article 13 has not been permitted on grounds falling under Article 16(1)1 (limited to cases falling under Article 33(1)1 through 4 of the Fisheries Act) of this Act and Article 33(1)6 of the Fisheries Act;
3. Where he or she has been issued an order to move or remove articles obstructing a survey or inspection under Article 69(2) of the Fisheries Act, which is applied mutatis mutandis under Article 22;
4. Where he or she has been issued an order to remove an artificial structure obstructing the passage of anadromous fishes under Article 43(2) of the Fishery Resources Management Act, which is applied mutatis mutandis under Article 22.
(2) The provisions of Article 88 (2) through (4) of the Fisheries Act shall apply to compensation under paragraph (1).
[This Article Wholly Amended on May 17, 2010]
Article 21-2(Prohibition of poaching and harvest) #
(1) Where the Minister of Oceans and Fisheries deems it necessary for the breeding and protection of inland fishery resources, he or she may determine the prohibited periods, areas, body lengths, body weights, etc. in relation to the poaching and harvest of fishery resources. <Amended on Mar. 23, 2013>
(2) The detailed information about prohibition of poaching and harvest, including the prohibited periods, areas, body lengths, body weights, etc. of inland fishery resources provided for in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on May 17, 2010]
Article 22(Application mutatis mutandis of the Fisheries Act and Fishery Resources Management Act) #
Except as provided for in this Act, the relevant provisions of the Fisheries Act and the Fishery Resources Management Act shall apply mutatis mutandis.
[This Article Wholly Amended on May 17, 2010]
Article 23(Fees) #
A person who intends to obtain a license or permit, or to obtain an extension of license period as prescribed in this Act shall pay fees prescribed by Municipal Ordinance of a Special Self-Governing City, a Special Self-Governing Province or the relevant Si/Gun/Gu. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on May 17, 2010]
Article 24(Delegation or entrustment of authority) #
(1) Part of the authority of the Minister of Oceans and Fisheries prescribed in the Fisheries Act and the Fishery Resources Management Act which apply mutatis mutandis under this Act and Article 22 may be delegated to the Mayors/Do Governors, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) Part of the authority of the Mayors/Do Governors prescribed in the Fisheries Act and the Fishery Resources Management Act which apply mutatis mutandis under this Act and Article 22 may be delegated to the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
(3) Among the affairs of an administrative agency prescribed in the Fishery Resources Management Act, some of them may be entrusted to any of the following, as prescribed by Presidential Decree: <Added on May 29, 2016; Jan. 8, 2019>
1. The Korea Fisheries Resources Agency prescribed in Article 55-2 of the Fishery Resources Management Act;
2. The Korea Rural Community Corporation prescribed in Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act.
[This Article Wholly Amended on May 17, 2010]
[Title Amended on May 29, 2016]
Article 25(Penalty provisions) #
(1) A person who poaches and harvests aquatic animals and plants in inland waters, using explosives, substances acutely hazardous to human health, substances chronically hazardous to human health, substances hazardous to the environment, or electricity, in violation of Article 19 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Added on Mar. 22, 2013, Feb. 6, 2024>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended on Mar. 22, 2013; Feb. 3, 2015>
1. A person who runs fisheries without obtaining a license or permit under Article 6(1) or 9(1);
2. A person who obtains a license or permit under Article 6(1) or 9(1) by fraud or other improper means;
3. A person who violates a disposition of restriction or suspension of fisheries provided for in Article 16(1);
4. Deleted; <Mar. 22, 2013>
5. A person who fails to leave part of a river open for the migration routes of fishes, in violation of Article 19-2(1);
6. A person who violates a restrictive measure on fisheries taken by the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu provided for in Article 19-2(2);
7. A person who fails to leave part of a river open or to install a fish ladder, in violation of Article 19-2(3);
8. A person who poaches and harvest inland fishery resources, in violation of the prohibition of poaching and harvest provided for in Article 21-2;
9. A person who possesses, distributes, processes, keeps or sells fishery resources or their products poached or harvested, in violation of Article 17 of the Fishery Resources Management Act which applies mutatis mutandis under Article 22;
10. A person who does construction in protected waters, in violation of Article 47(2) of the Fishery Resources Management Act which applies mutatis mutandis under Article 22, or poaches and harvests fishery resources, in violation of paragraph (3) of the same Article;
11. A person who does an act, for which he or she shall obtain a permit, without obtaining a permit or does an act differently from the details of a permit, in violation of Article 52(2) of the Fishery Resources Management Act which applies mutatis mutandis under Article 22.
Article 26(Confiscation) #
(1) In cases falling under Article 25, the catches, fishing vessels, fishing gears, explosives, substances acutely hazardous to human health, substances chronically hazardous to human health, substances hazardous to the environment possessed or held by an offender may be confiscated. <Amended on Feb. 6, 2024>
(2) Where all or part of the goods possessed or held by an offender under paragraph (1) cannot be confiscated, an amount corresponding thereto may be collected.
[This Article Wholly Amended on May 17, 2010]
Article 27(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on May 23, 2012>
1. A person who runs fisheries without filing a report under Article 11(1) and (2);
2. A person who fails to implement a corrective order or to take measures or order to install additional fish ladders issued under Article 19-7(1) and (2).
(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 23, 2012>
1. A person who violates a recreational fishing order issued under Article 18;
1-2. A person who refuses, obstructs or evades an inspection or the perusal without good cause, in violation of Article 19-6(3);
2. A person who fails to comply with an order, in violation of Article 16 of the Fishery Resources Management Act which applies mutatis mutandis under Article 22.
(3) Administrative fines provided in paragraphs (1) and (2) shall be imposed and collected by administrative offices, as prescribed by Presidential Decree.
[This Article Wholly Amended on May 17, 2010]