ENFORCEMENT DECREE OF THE FISHERIES ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Fisheries Act and matters necessary for the enforcement thereof.

Article 2(Formulation of plans to use and develop fishing grounds) #

(1) The Minister of Oceans and Fisheries shall prepare basic guidelines for a plan to use and develop fishing grounds (hereinafter referred to as “development plan”) under Article 4 (1) of the Fisheries Act (hereinafter referred to as the “Act”) by December 31 of the year preceding the year in which a development plan is to be formulated under paragraph (3) of that Article and shall notify such guidelines to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”); and a Mayor/Do Governor shall prepare detailed guidelines for a development plan by January 31 of the year in which a development plan is formulated and shall notify such guidelines to the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply).

(2) The head of a Si (referring to a Special Self-Governing Province Governor, in cases of a Special Self-Governing Province; hereinafter the same shall apply) or Gun/Gu shall, by March 31 of each year, formulate a development plan for the waters under his or her jurisdiction for the period from July 1 of the relevant year to June 30 of the following year in accordance with the detailed guidelines for a development plan under paragraph (1) and shall file an application for approval of the development plan with the competent Mayor/Do Governor; provided, this shall not apply if a Special Self-Governing Province Governor formulates a development plan.

(3) Upon receipt of an application for approval under paragraph (2), a Mayor/Do Governor shall determine whether to approve a development plan under that paragraph, shall notify the head of a Si/Gun/Gu of the determination result by April 30 of each year, and shall submit the result to the Minister of Oceans and Fisheries; and a Special Self-Governing Province Governor shall submit a development plan formulated under paragraph (2) to the Minister of Oceans and Fisheries by April 30 of each year.

(4) When formulating a development plan under paragraph (2), the head of a Si/Gun/Gu shall incorporate in the development plan any cases where a renewed license for fishery business is to be granted for waters for which the validity period of such license under Article 14 of the Act expires during the period from July 1 of the relevant year to June 30 of the following year.

ENFORCEMENT DECREE OF THE FISHERIES ACT

Article 1(Purpose) #

Article 2(Formulation of plans to use and develop fishing grounds) #

Article 3(Licenses for fishery business granted to foreigners) #

Article 4(Joint application) #

Article 5(Application for licenses) #

Article 6(Types of set-net fishery business and fishing gear) #

Article 7(Water depth limits of fishing grounds for communal fishery business) #

Article 8(Threshold for fishing ground area constituting grounds for disqualification from obtaining licenses) #

Article 9(Request for prohibition on licensing) #

Article 10(Fisheries technicians) #

Article 11(Grounds for reduction of validity period of license for fishery business) #

Article 12(Reporting on modification of licensed matters) #

Article 13(Public announcement for consent of co-owners of fishery rights) #

Article 14(Designation of, and restrictions on, service vessels) #

Article 15(Cases where timing of commencement of fishery business can be adjusted) #

Article 16(Restriction or suspension of fishery business necessary for public interest) #

Article 17(Restriction or suspension of fishery business necessary for national defense) #

Article 18(Public announcement of dispositions on licensed fishery business) #

Article 19(Cases where fishery rights of district fisheries cooperatives may be exercised) #

Article 20(Restrictions on exercise of fishery rights) #

Article 21(Types of inshore fishery business) #

Article 22(Types of coastal fishery business) #

Article 23(Types of fishery business within demarcated zones of waters) #

Article 24(Criteria for permissible bycatch) #

Article 25(Research institutes capable of providing opinions on permission for temporary fishery business) #

Article 26(Reported fishery business) #

Article 27(Provisions applicable mutatis mutandis) #

Article 28(Registration of fish transport services) #

Article 29(Establishment of sanitation control standards) #

Article 30(Restrictions or prohibition on handling of catches for sanitation control) #

Article 31(Restrictions on fishing zones and permit quotas for inshore fishery business) #

Article 32(Restrictions or prohibitions necessary for implementation of fisheries agreements) #

Article 33(Restrictions on packaging and containers for fishery products) #

Article 34(Designation of landing or trading sites) #

Article 35(Revocation of designation of landing or trading sites) #

Article 36(Application for adjustment of fishing zones) #

Article 37(Limitation on gross tonnage of fishing vessels) #

Article 38(Restrictions on scale of fishing gear) #

Article 39(Restrictions on scale and other aspects of fishing gear to persons concluding agreements between fishery owners) #

Article 40(Verification of scale and other aspects of fishing gear) #

Article 41(Designation of recreational fishing grounds) #

Article 42(Installation of markers) #

Article 43(Necessary measures for fishers) #

Article 44(Order to stop or return to port) #

Article 45(Qualifications of public officials supervising fishery business) #

Article 46(Persons obligated to implement real name system for fishing gear) #

Article 47(Designation of sea areas subject to collection of fishing gear and periods for such collection) #

Article 48(Cost burden for collection of abandoned or lost fishing gear) #

Article 49(Support for projects for collection and disposal of abandoned fishing gear) #

Article 49-2(Scope of fishing gear and buoys subject to imposition of fishing gear deposits) #

Article 49-3(Grounds for exceptions to return of fishing gear) #

Article 49-4(Scope of support for Fishing Gear Deposit Management Center) #

Article 50(Requirements for persons eligible for pilot projects for deregulation of fishery business) #

Article 51(Obligations to be fulfilled by Mayors/Do Governors) #

Article 52(Claim for compensation) #

Article 53(Determination and notification of compensation amount) #

Article 54(Payment of compensation) #

Article 55(Calculation of amount of loss) #

Article 56(Application for adjudication) #

Article 57(Adjudication) #

Article 58(Projects eligible for subsidies) #

Article 59(Composition and operation of fisheries mediation committees) #

Article 60(Composition and operation of joint fisheries mediation committees) #

Article 61(Composition and operation of fishery business mediation committees) #

Article 62(Withdrawal of designation of members) #

Article 63(Exclusion of, challenge to, or recusal of, members) #

Article 64(Duties of chairpersons) #

Article 65(Meetings) #

Article 66(Allowances) #

Article 67(Operating rules) #

Article 68(Method of service of documents by public notice) #

Article 69(Criteria for imposition of penalty surcharges) #

Article 70(Procedures for imposition of penalty surcharges) #

Article 71(Collecting agencies of penalty surcharges) #

Article 72(Use of penalty surcharges) #

Article 73(Methods and procedures for awards) #

Article 74(Delegation of authority) #

Article 75(Management of personally identifiable information) #

Article 76(Re-examination of regulation) #