FISHERIES ACT

영문법령 불러오는 중…

FISHERIES ACT — 법갈피

Article 4(Plans to Use and Develop Fishing Grounds) #

(1) The head of a Si (in the case of a Special Self-Governing Province, referring to the Special Self-Governing Province Governor; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall formulate a plan to use and develop fishing grounds (hereinafter referred to as “development plan”) in order to comprehensively use and develop waters under his or her jurisdiction.

(2) Where the head of a Si/Gun/Gu formulates a development plan, he or she shall obtain approval of such plan from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor.

(3) Where the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall conduct a basic survey of waters to be developed considering the social and economic conditions, and shall follow the detailed guidelines on development plans that the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") determines based on the local conditions and characteristics, in accordance with the basic guidelines on development plans established by the Minister of Oceans and Fisheries.

(4) Where any other statute or regulation restricts or prohibits fishing activities in waters for which the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall in advance either obtain approval from or consult with the head of a relevant administrative agency.

(5) Where the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall submit the relevant matter to the competent fisheries mediation committee established under Article 95 for deliberation.

(6) A development plan approved under paragraphs (1) through (5) may be revised only in cases prescribed by Presidential Decree, and paragraphs (1) through (5) shall apply mutatis mutandis to matters regarding the formulation and approval of a revised development plan, approval by or consultation with the head of a relevant administrative agency, and deliberation by a fisheries mediation committee established under Article 95: Provided, That approval by or consultation with the head of a relevant administrative agency shall be required only where such approval or consultation is further needed due to an addition of new waters or any other reason equivalent thereto.

(7) Matters necessary for the preparation of the basic guidelines and detailed guidelines on development plans, the formulation of development plans, procedures for such formulation, etc. under paragraphs (1) and (3) shall be prescribed by Presidential Decree.

Article 13(Order of Priority in Granting Licenses) #

(1) Priority shall be given in the following order when a license for fishery business is granted (excluding a license for fishery business under Article 8 (1) and (2)):

1. A fisheries engineer prescribed by Presidential Decree (hereinafter referred to “fisheries engineer”) who has conducted or engaged in the same type of fishery business as the one for which an application for the relevant license is filed, or a person who has conducted or engaged in the same type of fishery business as the one for which an application for the relevant license was filed for five years before the date of the application (excluding the period of leaving a fishing ground fallow under the Fishing Ground Management Act);

2. A fisheries engineer who has conducted or engaged in fishery business falling under Article 40 (2), or a person who has conducted or engaged in fishery business falling under Article 40 (2) for five years before the date of the application for the relevant license (excluding the period of leaving a fishing ground fallow under the Fishing Ground Management Act);

3. A person other than those falling under subparagraphs 1 and 2.

(2) Where at least two persons are in the same priority under paragraph (1), priority shall be given in the following order:

1. A person whose fishery right to the relevant fishing ground for the fishery business has expired at the time of the application for the relevant license or during the period of leaving the fishing ground fallow under Article 9 (5) of the Fishing Ground Management Act;

2. A fisheries engineer who has conducted or engaged in fishery business for which an application for the relevant license was filed at a fishing ground for such fishery business, or a person who has conducted or engaged in fishery business for which an application for the license was filed at a fishing ground for such fishery business for five years before the date of the application (excluding the period of leaving the fishing ground fallow under the Fishing Ground Management Act);

3. A person other than those falling under subparagraphs 1 and 2.

(3) Where at least two persons are in the same priority under paragraph (2), priority shall be given in the following order:

1. A person who has continued to have his or her domicile (in the case of a corporation or an organization, referring to the location of an office related to fishery business; hereinafter the same shall apply) in the Special Self-Governing Province or Si/Gun/autonomous Gu where waters for which a license is to be obtained are located since one year before the application for the license;

2. A person who has continued to have his or her domicile in a Si/Gun/autonomous Gu adjoining the Si/Gun/autonomous Gu where waters for which a license is to be obtained are located since one year before the application for the license;

3. A person other than those falling under subparagraphs 1 and 2.

(4) Priority in granting a license for communal fishery business under Article 8 (1) shall be given in accordance with the order prescribed in that paragraph.

(5) Where the order of priority is determined pursuant to paragraphs (1) through (4), any of the following persons may be excluded therefrom. In such cases, the competent fisheries mediation committee established under Article 95 shall deliberate on such exclusion:

1. A person against whom an administrative disposition has been made with respect to a fishing ground for the relevant fishery business for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, or for a failure to comply with an order, a disposition, a restriction, or a condition under this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act;

2. A person who is deemed to have poorly managed a fishing ground for the relevant fishery business or poorly conducted such business;

3. A person who has acquired the relevant fishery right but transferred it to a third party without good reason;

4. A person who has been compensated for any loss caused by revocation of his or her fishery right on the ground prescribed in Article 88 (1) 1: Provided, That where the person has already acquired any other fishery right at the time of such compensation or has received a transferred or divided fishery right after the compensation under any subparagraph of Article 19 (1), he or she shall not be excluded from those given priority when filing an application for a new license for fishery business due to the expiry of the fishery right.

Article 14(Validity Period of Licenses) #

(1) A license for fishery business under Article 7 shall be valid for 10 years: Provided, That in cases falling under Article 4 (4) of this Act or Article 8 (5) of the Fishing Ground Management Act or in cases prescribed by Presidential Decree to protect fishery resources and to coordinate fishery business, such license may be valid for up to 10 years.

(2) Upon application by a fishery right holder, the head of a Si/Gun/Gu shall permit an extension of the validity period of his or her license by up to 10 years from the date the license expires, except where there exists any ground falling under the proviso of paragraph (1), any subparagraph of Article 13 (5), or any subparagraph of Article 33 (1). In such cases, the total period of extensions shall not exceed 10 years, if the extensions are permitted several times.

(3) Even where a fishery right holder does not file an application for an extension of the validity period of his or her license, the head of a Si/Gun/Gu may permit an extension of the validity period of the relevant fishery right upon application by a registered holder of the fishery right.

(4) The head of a Si/Gun/Gu shall notify an applicant of whether to grant permission within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receiving an application for permission under the former part of paragraph (2) or paragraph (3).

(5) Where the head of a Si/Gun/Gu fails to notify an applicant of whether to grant permission within the period prescribed in paragraph (4) or of an extension of the processing period under statutes or regulations related to processing civil petitions, permission shall be deemed granted on the day following the date of the expiry of the relevant period (referring to the extended or re-extended period, where the processing period is extended or re-extended under statutes or regulations related to processing civil petitions).

(6) A fishery right shall be extinguished simultaneously upon expiry of the validity period of the relevant license or of the extended period permitted under paragraph (2).

Article 27(Use of Service Vessels, and Restrictions and Prohibition on Such Use) #

(1) A fishery right holder who intends to use a fishing vessel necessary for managing a fishing ground for the relevant fishery business (hereinafter referred to as "service vessel") shall obtain designation of the vessel from the head of a Si/Gun/Gu. In such cases, only a fishing vessel owned or leased by the fishery right holder (including a person who exercises the fishery right under Article 36) shall be designated as a service vessel.

(2) Where necessary for increasing and protecting fishery resources and for coordinating fishery business, the head of a Si/Gun/Gu may restrict or prohibit a fishing vessel to be used as a service vessel or fishing gear according to types of fishery business, the size of a fishing ground, or types of aquatic animals or plants, as prescribed by Presidential Decree.

(3) A fishery right holder who has no service vessel in a fishing ground for the licensed fishery business may use a fishing vessel designated pursuant to paragraph (1) or a fishing vessel permitted for fishery business under Article 40 (1) through (3) with approval of the head of a Si/Gun/Gu.

(4) A fishery right holder with a vessel designated as a service vessel under paragraph (1) shall not use such service vessel to catch or harvest aquatic animals or plants in waters other than the relevant designated fishing ground zone or the area approved pursuant to paragraph (3): Provided, That this shall not apply where permission for fishery business is obtained pursuant to Article 40 with respect to the service vessel.

(5) The size and number of service vessels under paragraphs (1) and (3), the horsepower of their engines, designation of or approval for the use of the vessels, and other matters necessary for the use thereof shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where necessary for increasing and protecting fishery resources and for coordinating fishery business, matters regarding the quota of service vessels, standards for the use thereof, etc. may be prescribed by ordinance of the relevant Si/Gun/Gu within the scope prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 33(Restrictions on Licensed Fishery Business Necessary for Protection of Public Interests) #

(1) The head of a Si/Gun/Gu may restrict or suspend licensed fishery business or may restrict a fishing vessel from mooring or departing from or entering a port, in any of the following cases:

1. Where necessary for increasing and protecting fishery resources;

2. Where necessary for a military exercise or protection of a key military base;

3. Where the Minister of National Defense make a request as deemed necessary for national defense;

4. Where necessary for sailing, anchoring, and mooring of a vessel or for installing submarine power cables;

5. Where necessary for sanitary control of aquatic animals that inhabit the bottom of the sea area due to garbage discharged into the sea pursuant to Article 7 (2) of the Management of Marine Garbage and Contaminated Marine Sediment Act;

6. Where necessary for public works under Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects;

7. Where the Minister of Oceans and Fisheries makes a request as any subparagraph of Article 27 (1) of the Act on Safe Fishing Operations of Fishing Vessels is applicable;

8. Where a fishery right holder violates this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, or fails to comply with an order, a disposition, a restriction, or a condition under this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act;

9. Where a fishery right holder violates an agreement with a foreign country on fishery business, a generally accepted international law, or a statute or regulation of a foreign country regarding fisheries.

(2) Matters necessary for procedures for restrictions, etc. on fishery business under paragraph (1) 1 through 6 shall be prescribed by Presidential Decree.

(3) Matters necessary for the standards and procedures for making a disposition, such as restrictions on fishery business, under paragraph (1) 7 through 9 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(4) A fishing vessel subject to mooring pursuant to paragraph (1) 8 or 9 shall be managed by a person who obtains designation or approval pursuant to Article 27 (1) and (3).

Article 40(Permitted Fishery Business) #

(1) A person who intends to engage in any fishery business that uses a power-driven fishing vessel with a gross tonnage of at least 10 tons or a power-driven fishing vessel with a gross tonnage of less than 10 tons prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fishery business (hereinafter referred to as "inshore fishery business") shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries.

(2) A person who intends to engage in any fishery business that uses a non-power-driven fishing vessel or a power-driven fishing vessel with a gross tonnage of less than 10 tons, other than inshore fishery business and fishery business under paragraph (3) (hereinafter referred to as "coastal fishery business") shall obtain permission for each fishing vessel or fishing gear from the competent Mayor/Do Governor.

(3) A person who intends to engage in fishery business by installing fishing gear or by using a non-power-driven fishing vessel or a power-driven fishing vessel of a gross tonnage of less than five tons within a demarcated zone of waters (hereinafter referred to as “fishery business within a demarcated zone of waters”) shall obtain permission for each fishing vessel, fishing gear, or facility from the head of the competent Si/Gun/Gu: Provided That where a Mayor/Do Governor establishes and manages a total allowable catch under Articles 36 and 38 of the Fishery Resources Management Act with regard to fishery business prescribed by Ordinance of the Ministry of Oceans and Fisheries, fishery business within a demarcated zone of waters may be permitted for a power-driven fishing vessel with a gross tonnage of less than eight tons.

(4) Matters regarding the types of fishery business that require permission and the types of aquatic animals allowed to be caught and harvested by type of fishery business under paragraphs (1) through (3) shall be prescribed by Presidential Decree, while the following matters and other necessary procedures, etc. related to permission shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries:

1. The tonnage of a fishing vessel by type of fishery business, an engine’s horsepower, a ground for restrictions on, or suspension of, permission for fishery business, the designation of a port of discharge, the division of sea areas for fishing operations, and the replacement of a permitted fishing vessel;

2. The quota of permits for coastal fishery business and fishery business within a demarcated zone of waters, an auxiliary vessel of a fishing vessel to be used for such business, and the type of fishing gear to be used.

(5) With regard to a person whose permission for fishery business is revoked on any ground prescribed in subparagraph 1, 3, 4, or 6 of Article 34 (excluding cases falling under any of Article 33 (1) 1 through 7) and the relevant fishing vessel or fishing gear, an administrative authority shall not grant permission for fishery business for up two years from the date of revocation of such permission, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(6) A person who intends to re-file an application for permission for fishery business after such permission is revoked on any ground prescribed in subparagraph 1, 3, 4, or 6 of Article 34 (excluding cases falling under any of Article 33 (1) 1 through 7) or a person who intends to re-file an application for permission for fishery business for the relevant fishing vessel or fishing gear with respect to which the permission is revoked shall receive education prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 41(Order of Priority in Granting Permission for Fishery Business) #

(1) In the case of fishery business for which the quota of permits prescribed in Articles 40 (4) 2 or 55 (1) 3 is established, priority shall be given to any of the following persons when permission therefor is granted:

1. A person who files an application for permission for any fishery business of the same type as fishery business, the validity period of permission for which has expired;

2. A person who files an application for permission for fishery business of the same type at the same time as he or she files a report on closure of such fishery business in order to replace a fishing vessel, fishing gear, or a facility permitted for fishery business;

3. A person who files an application for fishery business of the same type as the validity period of suspension of permission for such fishery business under Article 40 (4) 1 has expired or a ground for such suspension ceases to exist.

(2) Notwithstanding paragraph (1), a person whose permission for fishery business was revoked on at least two occasions for the period during which such permission was valid shall be excluded from those given priority in granting permission for fishery business under paragraph (1).

(3) Where the number of permits granted for fishery business falls short of the quota of such permits because a person falling under any subparagraph of paragraph (1) does not file an application for permission for fishery business or is excluded from those given priority in granting such permission pursuant to paragraph (2), the permission may be granted in the following order:

1. A fisheries engineer under Article 13;

2. A person who has lived for at least one year in an area with unfavorable conditions selected and publicly notified by the Minister of Oceans and Fisheries pursuant to Article 7 of the Act on the Operation of Direct Payment Program for Promoting Public Functions of Fisheries and Fishing Villages;

3. A person who has conducted or engaged in fishery business for which he or she has filed an application for permission for at least five years;

4. A person who has conducted or engaged in fishery business for which he or she has filed an application for permission for at least one year but less than five years, and a person who has conducted or engaged in fishery business different from the fishery business for which he or she has filed an application for permission for at least five years.

(4) The order of priority among those in the same order prescribed in the subparagraphs of paragraph (3) shall be determined by the competent administrative authority in consideration of applicants’ capabilities to manage fishery business, contribution to developing fishery business, compliance or non-compliance with fisheries-related statutes or regulations, local conditions, and other matters.

(5) Other matters necessary for the order of priority in granting permission for fishery business shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 42(Management of Bycatch) #

(1) Where a fisher is granted permission specifying the types of aquatic animals allowed to be caught and harvested pursuant to Article 40 (4), he or she shall not engage in the bycatch of other types of aquatic animals: Provided, That bycatch shall be allowed in cases satisfying all of the standards prescribed by Presidential Decree with regard to the following:

1. Types of fishery business where bycatch is allowed;

2. Aquatic animals the bycatch of which is allowed;

3. Permissible scope of bycatch.

(2) Where a fisher catches or harvests, or is expected to catch or harvest, aquatic animals the bycatch of which is allowed under the proviso, with the exception of the subparagraphs, of paragraph (1), beyond the permissible scope, he or she shall suspend fishing operations, move to another fishing place, or take other appropriate measures.

(3) A fisher who engages in any fishery business where bycatch is allowed under the proviso, with the exception of the subparagraphs, of paragraph (1) shall attach to fishing gear a device for reducing bycatch determined and publicly notified by the Minister of Oceans and Fisheries for its use.

(4) A fisher shall sell, purchase, or exchange the catches caught or harvested through bycatch under the proviso, with the exception of the subparagraphs, of paragraph (1) at a place for sale and purchase designated pursuant to Article 55 (1) 7: Provided, That this shall not apply in any of the following cases:

1. Where there exists no designated place for sale and purchase under Article 55 (1) 7, such as a remote island and a remote area;

2. Where the catches caught and harvested through bycatch are not more than those prescribed by Presidential Decree.

(5) Except as provided in paragraphs (1) through (4), matters necessary for verifying aquatic animals the bycatch of which is allowed among catches, and for the methods, procedures, etc. of verifying whether the permissible scope of bycatch is complied with shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 43(Permission for Temporary Fishery Business) #

(1) Where aquatic animals (excluding sedentary fishery resources in any waters to be designated as waters for fishery resources management pursuant to Article 48 of the Fishery Resources Management Act; hereafter in this Article, the same shall apply) never or rarely seen in the past appear in large numbers, but fishery business for catching them is not yet permitted, or where the head of a research institute under paragraph (3) 3 deems that the number of permits granted is excessively small, a Mayor/Do Governor may conduct a detailed survey and evaluation of fishery resources under Article 11 of the Fishery Resources Management Act to appropriately catch and manage such aquatic animals, and accordingly permit fishery business for a temporary period (hereinafter referred to as "temporary fishery business") with approval from the Minister of Oceans and Fisheries, specifying the following matters:

1. Types of fishery business (limited to types of fishery business prescribed in this Act);

2. Types of aquatic animals allowed to be caught, and total allowable catches;

3. Scope of a sea area;

4. Period of (up to three months each year: Provided, That such period may be extended by up to two months) and time for fishing operations, and the number of vessels in operation;

5. Allotment and management of catches for each vessel under Articles 36 through 40 of the Fishery Resources Management Act.

(2) A Mayor/Do Governor shall grant permission for temporary fishery business to a person who has a fishing vessel or fishing gear permitted for fishery business, on the condition that he or she conducts temporary fishery business concurrently.

(3) No Mayor/Do Governor shall permit temporary fishery business, if any of the following grounds exists:

1. Where a dispute regarding fishery business arises or where it is necessary to maintain order in such business;

2. Where such business is likely to hinder fishing activities, the main purpose of which is to catch aquatic animals of the same species as those to be temporarily caught;

3. Where the head of a research institute prescribed by Presidential Decree deems that such business is likely to hinder the reproduction and protection of fishery resources or to affect the marine ecosystem.

(4) Matters necessary for approval for temporary fishery business, matters subject to permission, procedures for permission, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 45(Succession to Status of Persons Granted Permission for Fishery Business) #

(1) A person who inherits a fishing vessel, fishing gear, or a facility (hereafter in this Article referred to as “fishing vessel, etc.”) permitted for fishery business under Articles 40 and 43 from a person granted such permission, or purchases (including purchase through an auction under the Civil Execution Act or in accordance with procedures equivalent thereto) or leases such vessel, gear, or facility (including a corporation surviving a merger or a division where the person granted permission for fishery business is a corporation) shall succeed to the status of the person granted the permission (in the case of inheritance, this shall not apply where an heir objects to such succession and where a fishing vessel permitted for fishery business under Article 27 (3) of this Act or Article 41 (3) of the Aquaculture Industry Development Act is leased as a service vessel). In such cases, the status of the person previously granted permission for fishery business shall become invalid.

(2) A person who succeeds to the status of a person granted permission for fishery business pursuant to paragraph (1) shall file a report on such succession with the administrative authority that has granted the relevant permission within 30 days from the date of the succession (60 days in the case of inheritance) in accordance with the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries, and where the person fails to meet the standards for a fishing vessel, etc. permitted for fishery business and qualifications of an applicant for permission for fishery business prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall meet such standards and qualifications within 90 days from the date of the succession.

(3) Upon receipt of a report under paragraph (2), an administrative authority shall review the details thereof and accept such report if it conforms to this Act.

(4) A person who succeeds to the status of a person granted permission for fishery business under paragraph (1) shall be deemed to succeed to any administrative disposition, obligation, condition, etc. imposed on such permission: Provided, That this shall not apply where the person proves that he or she was unaware of such disposition or failure to comply therewith.

(5) Upon receipt of a report under paragraph (2), an administrative authority may share computerized information and data prescribed in Article 11 (4) of the Act on Registration of Family Relations (including processing defined in subparagraph 2 of Article 2 of the Personal Information Protection Act) pursuant to the Electronic Government Act.

Article 48(Reported Fishery Business) #

(1) A person who intends to conduct fishery business prescribed by Presidential Decree (limited to a person who has his or her domicile in the Si/Gun/Gu having jurisdiction over a fishing place for at least six months as at the date of a report), other than that prescribed in Article 7, 40, 43, or 46, shall file a report on such business with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(2) The head of a Si/Gun/Gu shall notify an applicant of whether to accept his or her report filed under paragraph (1) within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receipt of such report.

(3) Where the head of a Si/Gun/Gu fails to notify a reporting person of whether to accept his or her report within the period prescribed in paragraph (2) or of an extension of the processing period under statutes or regulations related to processing civil petitions, such report shall be deemed accepted on the day following the date of the expiry of the relevant period (referring to the extended or re-extended period, where the processing period is extended or re-extended under statutes or regulations related to processing civil petitions).

(4) The validity period of a report filed under paragraph (1) shall be five years from the date the report is accepted (including where the report is deemed accepted under paragraph (3)): Provided, That the validity period may be shortened where necessary for implementing a public work or in cases prescribed by Presidential Decree.

(5) Upon accepting a report filed under paragraph (1) (including where the report is deemed accepted under paragraph (3)), the head of a Si/Gun/Gu shall issue a certificate of the report on fishery business to the relevant reporting person.

(6) A person who files a report on fishery business under paragraph (1) shall observe the following matters:

1. He or she shall conduct fishing operations for at least 60 days each year in an area of waters under the jurisdiction of the head of the Si/Gun/Gu having jurisdiction over his or her domicile and fishing place;

2. He or she shall not conduct fishing operations in any waters where fishing activities are restricted or prohibited under other statutes or regulations, in violation of such restriction or prohibition;

3. He or she shall observe the matters prescribed by Presidential Decree and determined and publicly notified by the head of a Si/Gun/Gu for the protection of fishery resources, coordination of fishery business, etc.

(7) Where a person who has filed a report on fishery business under paragraph (1) fails to observe the matters prescribed in paragraph (6), the head of a Si/Gun/Gu may restrict or suspend the reported fishery business.

(8) Where a person who has filed a report on fishery business falls under any of the following cases, the report shall become invalid. In such cases, if the report becomes invalid on any ground prescribed in subparagraph 1 or 2, the person shall not be allowed to file a report on fishery business under paragraph (1) for a period of up to one year prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date his or her report is deleted from the public register under paragraph (9) in consideration of the type of the reported fishery business, the grounds for invalidity, and other matters:

1. Where he or she fails to observe the matters prescribed in paragraph (6) on at least three occasions;

2. Where he or she violates any restriction on or suspension of the reported fishery business under paragraph (7) on at least two occasions;

3. Where there exists any ground to file a report on closure of the reported fishery business under Article 49 (3).

(9) Where a report on fishery business becomes invalid pursuant to paragraph (8), the head of a Si/Gun/Gu shall, without delay, delete the report from the public register regarding reported fishery business and shall notify the relevant reporting person of the details thereof.

Article 62(Designation of Leisure Fishing Grounds) #

(1) In order to promote the common interests of fishers, any fishing village fraternity, a fisheries partnership, or a district fisheries cooperative may operate a leisure fishing ground (referring to a fishing ground for sightseeing, including a field study and pleasure fishing; hereinafter the same shall apply) in a certain area of waters designated by the head of a Si/Gun/Gu to the extent that such operation does not interfere with any fishery business prescribed by Presidential Decree among fishery business for which the fishing village fraternity, fisheries partnership, or district fisheries cooperative obtains a license and permission.

(2) The validity period of a designated leisure fishing ground shall expire on the date of the expiry of the validity period of the fishery business licensed or permitted for the leisure fishing ground. In such cases, if at least two fishery business is licensed or permitted for any waters designated as a leisure fishing ground, its validity period shall expire on the date of the expiry of the validity period of the licensed or permitted fishery business, whichever is earlier.

(3) Where a fishing village fraternity, a fisheries partnership, or a district fisheries cooperative files an application for designation of a leisure fishing ground under paragraph (1), it shall determine methods of leisure fishing, fees for use, matters to be observed by users, and other matters regarding the management and operation of the leisure fishing ground, and shall attach them to the application, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(4) Where an application for designation is filed pursuant to paragraph (1), the head of a Si/Gun/Gu shall designate a leisure fishing ground except in any of the following cases:

1. Where the methods of leisure fishing, fees for use, matters to be observed by users, and other matters regarding the management and operation of the leisure fishing ground determined under paragraph (3) are deemed inappropriate;

2. Where the leisure fishing ground fails to meet the standards for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as for the area and facilities of a leisure fishing ground;

3. Where other restrictions under this Act or other statutes or regulations are violated.

(5) Matters necessary for the management and operation of leisure fishing grounds shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the designation of leisure fishing grounds, the development of fishery resources in leisure fishing grounds, the types of aquatic animals or plants to be caught or harvested, methods of catching and harvesting them, regulations on the management of leisure fishing grounds, the operation of service vessels, standards for facilities of leisure fishing grounds, the access of users to leisure fishing grounds, and the prevention of safety accidents and environmental pollution in leisure fishing grounds. In such cases, aquatic animals or plants in leisure fishing grounds may be caught or harvested using separately-determined methods other than those used in fishery business prescribed in Articles 7, 40, 43, and 48.

(6) Where a leisure fishing ground is not managed and operated under paragraph (5), the head of a Si/Gun/Gu may issue a corrective order or revoke the relevant designation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 71(Reporting on Business of Manufacturing or Selling Fishing Gear) #

(1) A person who intends to engage in the business of manufacturing fishing gear to sell, or distribute or supply without any consideration (hereinafter referred to as “fishing gear manufacturing business”) such fishing gear (hereinafter referred to as “fishing gear manufacturer”) and a person who intends to engage in the business of selling (including importation for distribution or supply; hereinafter referred to as “fishing gear selling business”) fishing gear (hereinafter referred to as “fishing gear seller”) shall file a report thereon with the head of the competent Si/Gun/Gu.

(2) Where a fishing gear manufacturer or a fishing gear seller (hereinafter referred to as “fishing gear manufacturer, etc.”) changes any matter prescribed by Ordinance of the Ministry of Oceans and Fisheries, among the matters reported under paragraph (1), or closes his or her business, he or she shall file a report thereon with the head of the competent Si/Gun/Gu within 30 days from the date of such change or business closure.

(3) The head of a Si/Gun/Gu shall notify a reporting person of whether his or her report is accepted or of an extension of the period of processing such report under statutes or regulations related to the processing of civil petitions, within seven days from the date of receipt of the report under paragraphs (1) and (2).

(4) Where the head of a Si/Gun/Gu fails to notify a reporting person of whether his or her report is accepted or of an extension of the period of processing such report under statutes or regulations related to processing civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period, where the period is extended or re-extended under statutes or regulations related to processing civil petitions).

(5) Except as provided in paragraphs (1) through (4), matters regarding procedures, etc. for filing a report on, a report on change in, or a report on closure of, fishing gear manufacturing business or fishing gear selling business (hereinafter referred to as “fishing gear manufacturing business, etc.”) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Article 81(Facilitation of Retrieval of Fishing Gear and Buoys) #

(1) Where a person who manufactures or imports fishing gear or buoys prescribed by Presidential Decree (hereinafter referred to as "fishing gear, etc.") shall include a separate amount other than the price of the release or importation of fishing gear, etc. (hereinafter referred to as "fishing gear deposit") in that of the relevant product when manufacturing or importing such fishing gear, etc., in order to facilitate the retrieval thereof. In such cases, a fishing gear deposit shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the price of the release or of the importation of fishing gear, etc., and other matters.

(2) A person who manufactures or imports fishing gear, etc. under paragraph (1) (hereinafter referred to as "business entity subject to a deposit") shall transfer the fishing gear deposit paid by a person who purchases fishing gear, etc. to the Fishing Gear Deposit Management Center established under Article 83, which shall check the fishing gear, etc. returned and give the deposit back to the person who returns them: Provided, That where a person who has purchased fishing gear, etc. is deemed unable to return them due to an act of God or other reasons prescribed by Presidential Decree, the Fishing Gear Deposit Management Center shall give back the relevant fishing gear deposit to the person, as prescribed by Presidential Decree.

(3) The Fishing Gear Deposit Management Center shall reimburse business entities subject to a deposit for expenses incurred in handling fishing gear deposits (hereinafter referred to as "handling fees"). In such cases, the Minister of Oceans and Fisheries shall determine and publicly notify handling fees in consideration of economic conditions, such as price fluctuations.

(4) A business entity subject to a deposit shall provide information on the sale of fishing gear, etc., including fishing gear deposits, to the Fishing Gear Deposit Management Center in order to return a fishing gear deposit and to reimburse and manage handling fees in an efficient manner, and shall indicate a phrase regarding the return of a fishing gear deposit on fishing gear, etc. the price of which includes the deposit.

(5) Matters regarding methods of transferring fishing gear deposits, places and methods for returning fishing gear, etc., the indication of a phrase regarding the return of the deposits, and other matters shall be determined and publicly notified by the Minister of Oceans and Fisheries.

[Enforcement Date: Jan. 12, 2024] Article 81

Article 96(Functions of Fisheries Mediation Committees) #

(1) The Central Fisheries Mediation Committee shall perform the following functions:

1. Mediating disputes over each fishery business in advance or ex post facto;

2. Mediating disputes over fishery business between Cities/Dos;

3. Deliberating on basic plans;

4. Deliberating on restrictions on bottoms of fishing vessels under Article 58 (1);

5. Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business;

6. Advising the Minister of Oceans and Fisheries on matters brought to its meetings;

7. Deliberating on other matters prescribed by this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Act on the Restructuring of and Support for Coastal and Inshore Fisheries.

(2) A City/Do fisheries mediation committee shall perform the following functions: Provided, That in the case of a Special Self-Governing Province, the City/Do fisheries mediation committee shall serve concurrently as a Si/Gun/Gu fisheries mediation committee:

1. Deliberating on and mediating compensation for losses to and disputes over fishery business;

2. Mediating disputes over fishery business between Sis/Guns/autonomous Gus;

3. Deliberating matters regarding permission for temporary fishery business;

4. Deliberating on implementation plans;

5. Deliberating on the details of restrictions on the size, etc. of fishing gear under the proviso, with the exception of the subparagraphs, of Article 60 (2);

6. Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business;

7. Advising a Mayor/Do Governor on matters brought to its meetings;

8. Deliberating on other matters prescribed in this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Act on the Restructuring of and Support for Coastal and Inshore Fisheries.

(3) A Si/Gun/Gu fisheries mediation committee shall perform the following functions:

1. Mediating compensation for losses to and disputes over fishery business;

2. Deliberating on development plans;

3. Deliberating on matters regarding eligibility for licensed fishery business under Article 7 and priorities in granting licenses;

4. Deliberating on matters regarding the management of fishing grounds, such as fishing ground management rules for communal fishery business;

5. Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business;

6. Recommending various types of regulation of fishery business for the protection and management of resources;

7. Advising the head of a Si/Gun/Gu on matters brought to its meetings;

8. Deliberating on other matters prescribed in this Act, the Fishing Ground Management Act, or the Aquaculture Industry Development Act.

(4) Where necessary for coordinating fishery business, the Minister of Oceans and Fisheries or a Mayor/Do Governor may convene a meeting of a joint fisheries mediation committee. In such cases, matters necessary for the organization, operation, etc. of the joint fisheries mediation committee shall be prescribed by Presidential Decree.

(5) Where necessary for the activities of a relevant fisheries mediation committee established under Article 95, it may request relevant persons to appear before its meeting or submit materials or may request an administrative authority to ask relevant public officials questions or conduct investigations. In such cases, upon receipt of such request, the administrative authority shall comply therewith unless there is a compelling reason not to do so.

Article 112(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. A person who fails to commence his or her fishery business within a prescribed period after having acquired a fishery right or permission for such business or continues to leave the relevant fishing ground idle even one year after having commenced his or her fishery business, in violation of Article 30 (1) (including cases applicable mutatis mutandis in Article 50 (1)) or (2);

2. A person who fails to file a report on succession within 30 days (60 days in the case of inheritance) from the date of succession or fails to meet the standards for a fishing vessel permitted for fishery business and the qualifications of an applicant for permission for fishery business within 90 days from the date of succession, pursuant to Article 45 (2);

3. A person who fails to file a report on business closure under Article 49 (3) (including cases applicable mutatis mutandis in Article 54);

4. A person who operates a leisure fishing ground not designated under Article 62 (1).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

1. A person who fails to transfer a fishing gear deposit to the Fishing Gear Deposit Management Center, in violation of Article 81 (2);

2. A person who fails to provide information on the sale of fishing gear, etc., including fishing gear deposits, or to indicate a phrase regarding the return of a fishing gear deposit, in violation of Article 81 (4).

(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won:

1. A person who fails to file a report on modification under Article 20;

2. A person who suspends his or her business or conducts fishery business without filing a report thereon under Article 29 (1) or (2);

3. A fishery right holder who allows a third party to exercise the fishery right or a person who actually exercises such fishery right, in breach of the fishing ground management rules under Article 37 (1);

4. A person who fails to comply with an order to take corrective measure, such as an amendment to the fishing ground management rules under Article 37 (2);

5. A person who violates a restriction or a prohibition on the exercise of a fishery right under Article 38, or a fishery right holder who aids such violation;

6. A person who fails to allow a piscary holder to conduct fishery activities or violates a restriction on, suspension of, or a prohibition on fishery activities by a piscary holder, in violation of Article 39 (1) or (4);

7. A person who conducts reported fishery business without filing a report under Article 48 (1);

8. A person filing a report on fishery business who fails to observe the matters prescribed in Article 48 (6);

9. A person who fails to obtain permission for, or to file a report on, change under Article 49 (1) (including cases applicable mutatis mutandis in Article 54): Provided, That changed matters to be registered under Article 17 of the Fishing Vessels Act shall be excluded;

10. A person who evades giving an answer to the question asked by a public official supervising fishery business under Article 69 (1) or makes a false statement;

11. A person who refuses or obstructs a survey, an inspection, and the moving or removal of an obstacle under Article 69 (2);

12. A person who engages in fishing gear manufacturing business, etc. without filing a report thereon, in violation of Article 71 (1);

13. A person who continues to engage in fishing gear manufacturing business, etc., in violation of an order to close business issued under Article 73 (1).

(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won:

1. A fishery right holder who fails to take a measure necessary for managing a fishing ground under Article 36 (3);

2. A person who fails to file a report on change under Article 49 (2): Provided, That changed matters to be registered under Article 17 of the Fishing Vessels Act shall be excluded;

3. A person who suspends his or her business or conducts fishery business without filing a report thereon pursuant to Article 29 (1) or (2) applicable mutatis mutandis in Article 50 (1) or 54;

4. A person who fails to remove facilities or aquaculture products within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries, in violation of Article 65 (1) (including cases applicable mutatis mutandis in paragraph (4) of that Article);

5. A person who fails to install a sign on a fishing ground, or moves, destroys, modifies, or conceals a sign installed on a fishing ground or a fishing vessel, in violation of Article 66;

6. A person who fails to file a report on change or business closure, in violation of Article 71 (2);

7. A person who fails to keep or retain a record, keeps a false record, or damages or removes a record, in violation of Article 72 (1);

8. A person who refuses or obstructs a request to submit data or to state opinions under Article 75 (2);

9. A person who fails to comply with an order to collect fishing gear installed in waters, in violation of Article 77 (3);

10. A person who refuses, obstructs, or evades a question or an investigation under Article 96 (5), submits false materials, or makes a false statement;

11. A person who fails to file a report under Article 104 (2) or files a false report.

(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by an administrative authority, as prescribed by Presidential Decree.

[Enforcement date: Jan. 12, 2024] Article 112 (2)

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Plans to Use and Develop Fishing Grounds) #

Article 5(Licenses for Fishery Business Granted to Foreigners) #

Article 6(Joint Application) #

Article 7(Licensed Fishery Business) #

Article 8(Licenses for Communal Fishery Business) #

Article 9(Grounds for Disqualification for License) #

Article 10(Separate Sentence of Punishment) #

Article 11(Prohibitions on Licensing) #

Article 12(Imposition of Restrictions or Conditions on Licenses) #

Article 13(Order of Priority in Granting Licenses) #

Article 14(Validity Period of Licenses) #

Article 15(Licenses for Limited Fishery Business in Licensing-Restricted Areas) #

Article 16(Acquisition and Nature of Fishery Rights) #

Article 17(Registration of Fishery Rights) #

Article 18(Relationship of Fishery Rights to Other Statutes) #

Article 19(Transfer, Division, or Modification of Fishery Rights) #

Article 20(Reporting on Modifications of Licensed Matters) #

Article 21(Prohibition of Provision of Fishery Rights as Security by Fishing Village Fraternities) #

Article 22(Structures to Be Provided as Security) #

Article 23(Consent of Co-Owners) #

Article 24(Consent of Registered Right Holders) #

Article 25(Succession to Rights and Obligations in Disposal) #

Article 26(Auction of Fishery Rights) #

Article 27(Use of Service Vessels, and Restrictions and Prohibition on Such Use) #

Article 28(Reserves) #

Article 29(Reporting on Suspension of Business and Surrender of Fishery Rights) #

Article 30(Commencement of Fishery Business) #

Article 31(Prohibition of Control by Third Parties) #

Article 32(Prohibition of Lease) #

Article 33(Restrictions on Licensed Fishery Business Necessary for Protection of Public Interests) #

Article 34(Revocation of Licensed Fishery Business) #

Article 35(Notice of Revocation of Fishery Rights) #

Article 36(Management of Fishing Grounds by Fishing Village Fraternities) #

Article 37(Fishing Ground Management Rules) #

Article 38(Restrictions on Exercise of Fishery Rights) #

Article 39(Restrictions on Fishery Activities by Piscary Holders) #

Article 40(Permitted Fishery Business) #

Article 41(Order of Priority in Granting Permission for Fishery Business) #

Article 42(Management of Bycatch) #

Article 43(Permission for Temporary Fishery Business) #

Article 44(Imposition of Restrictions or Conditions on Permitted Fishery Business) #

Article 45(Succession to Status of Persons Granted Permission for Fishery Business) #

Article 46(Fishery Business for Experiment, Research, or Training) #

Article 47(Validity Period of Permission for Fishery Business) #

Article 48(Reported Fishery Business) #

Article 49(Changes in and Closure of Permitted and Reported Fishery Business) #

Article 50(Provisions to Be Applied Mutatis Mutandis) #

Article 51(Registration of Fish Transport Services) #

Article 52(Restrictions on or Suspension or Revocation of Fish Transport Services) #

Article 53(Registration of Fish Processing Business) #

Article 54(Provisions to Be Applied Mutatis Mutandis) #

Article 55(Orders to Coordinate Fishery Business) #

Article 56(Adjustment of Fishing Areas) #

Article 57(Determination of Quota of Permits) #

Article 58(Restrictions on Bottoms of Fishing Vessels) #

Article 59(Equipment and Sizes of Fishing Vessels) #

Article 60(Restrictions on Size of Fishing Gear) #

Article 61(Verification of Size of Fishing Gear) #

Article 62(Designation of Leisure Fishing Grounds) #

Article 63(Prohibition of Fishery Business Other than That Licensed, Permitted, or Reported) #

Article 64(Fishery Business in Exclusive Economic Zones of Foreign Countries) #

Article 65(Removal of Fishing Gear or Facilities) #

Article 66(Installation and Protection of Signs) #

Article 67(Supervision) #

Article 68(Revocation of Marine Officers’ Licenses) #

Article 69(Public Officials Supervising Fishery Business) #

Article 70(Judicial Police Power) #

Article 71(Reporting on Business of Manufacturing or Selling Fishing Gear) #

Article 72(Obligations of Fishing Gear Manufacturers and Sellers) #

Article 73(Suspension of Business) #

Article 74(Restrictions on Quantity of Fishing Gear to Be Sold) #

Article 75(Fact-Finding Surveys) #

Article 76(Real Name System for Fishing Gear) #

Article 77(Designation of Sea Areas Where Fishing Gear Is Collected and Period of Collection) #

Article 78(Direct Collection of Discarded Fishing Gear) #

Article 79(Establishment of Fishing Gear Stations) #