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CONSERVATION AND MANAGEMENT OF MARINE ECOSYSTEMS ACT — 법갈피

영문법령 / CONSERVATION AND MANAGEMENT OF MARINE ECOSYSTEMS ACT

CONSERVATION AND MANAGEMENT OF MARINE ECOSYSTEMS ACT

법률일부개정시행 2023-04-19해양수산부 · 제19012호 · 공포 2022-10-18

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to protect marine ecosystems from artificial damage and conserve or manage marine ecosystems in a comprehensive and systematic manner, such as conserving marine biological diversity and promoting sustainable use of marine biological resources, thereby improving the quality of national life and protecting marine assets.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020; Dec. 8, 2020>

1. The term "marine ecosystems" means a material system or a functional system, wherein the biological community of specific sea areas is combined with inorganic and organic environments surrounding such community;

2. The term "conservation and management of marine ecosystems" means all activities conducted to conserve, protect or restore marine ecosystems in a systematic manner and conserve marine biological diversity;

3. The term "marine biological diversity" means the diversity of biological species or organisms within marine ecosystems, including the diversity of intra-species, inter-species, the habitats of organisms and ecosystems;

4. The term "marine biological resources" means genetic resources, organisms, a part of organisms, population and other biological components of marine ecosystems, which have a value to people or serve practical or potential purposes;

5. The term "marine ecosystem axis" means the axis composed by connecting important areas or sea areas so as to conserve and manage marine ecosystems and marine biological diversity in an integrated manner and to maintain the continuity of structure and functions of marine ecosystems;

6. The term "marine ecology map" means a map drawn up under Article 12, by classifying marine ecosystems according to ecological or landscape value, etc.;

7. The term "marine primary production" means the production of organic materials through photosynthesis or chemical synthesis in the sea;

8. The term "marine organisms" means organisms which inhabit or grow naturally in marine ecosystems;

Article 4(Responsibility of the State) #

(1) The State or local governments shall take the following measures to conserve or manage marine ecosystems: <Amended on Dec. 8, 2020>

1. Formulation and implementation of measures to conserve or manage marine ecosystems, in an effort to prevent inordinate damage to marine ecosystems caused by activities or projects (hereinafter referred to as "development activities, etc.") affecting marine ecosystems, including the development or use of the sea, and to promote the sustainable use of marine ecosystems;

2. Promotion of policies which encourage nationals to take an active part in the conservation or management of marine ecosystems, and the creation of conditions therefor;

3. Investigation, research and technology development concerning the conservation and management of marine ecosystems, and the fosterage of specialized human resources;

4. Formulation and implementation of measures to restore or recover damaged marine ecosystems;

4-2. Establishment of marine ecosystem axis and formulation and implementation of management plans for the conservation and management thereof;

5. Raising public awareness on the importance of marine ecosystems, through education and public relations concerning marine ecosystems;

6. Promotion of international cooperation concerning the conservation of marine environments.

(2) Business entities shall observe the following matters, in conducting his or her business activities: <Amended on Feb. 18, 2020>

1. Business entities shall preferentially consider marine ecosystems and marine landscapes;

2. Business entities shall take necessary measures on their own to restore or recover damaged marine environments caused by their business activities;

3. Business entities shall take part and cooperate in measures to conserve the marine environments, formulated and implemented by the State and local governments under paragraph (1).

(3) All nationals shall endeavor to protect marine ecosystems, including active participation in policies of the State and local governments to conserve and manage marine ecosystems.

(4) Anyone who intends to conduct development activities, etc. shall take measures necessary to minimize damage to marine ecosystems.

Article 9(Formulation of Basic Plans on Conservation and Management of Marine Ecosystems) #

(1) The Minister of Oceans and Fisheries shall formulate basic plans (hereinafter referred to as "basic plans") on the conservation and management of marine ecosystems every ten years, so as to conserve and manage marine ecosystems in a comprehensive and systematic manner, review the feasibility of the plans every five years, and amend the plans if necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 8, 2020>

(2) Basic plans shall include the following: <Amended on Nov. 28, 2017; Dec. 31, 2018; Feb. 18, 2020; Dec. 8, 2020>

1. The actual status or use of marine ecosystems;

2. Basic directions and major projects concerning the conservation and management of marine ecosystems;

3. Matters concerning the protection or restoration of habitats or migratory routes of marine organisms;

4. Matters concerning the establishment and management of marine ecosystem axis;

5. Actual status of changes and disturbance of marine ecosystems due to an abnormal water temperature caused by heat waves, etc. and climate changes, etc. and status of marine ecosystems fragile to climate changes;

6. Education and public relations concerning the conservation and management of marine ecosystems and the promotion of civil cooperation;

7. Cooperation of the relevant central administrative agencies and local governments;

8. International cooperation on the conservation and management of marine ecosystems;

9. Matters concerning the calculation of expenses incurred in conducting projects and methods of funding;

9-2. Matters concerning ecosystem services under subparagraph 10 of Article 2 of the Act on the Conservation and Use of Biological Diversity, which are obtained by human from marine ecosystems;

10. Other matters concerning the conservation and management of marine ecosystems prescribed by Presidential Decree.

(3) In formulating basic plans, the Minister of Oceans and Fisheries shall undergo deliberations by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development, after consulting with the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors"). <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 6, 2009; Mar. 23, 2013; May 21, 2014>

(4) The Minister of Oceans and Fisheries may request the heads of the relevant central administrative agencies and Mayors/Do Governors to submit data necessary for formulating basic plans. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries shall notify the heads of the relevant central administrative agencies and Mayors/Do Governors of basic plans and publicly notify such plans, and shall submit them to the competent standing committee of the National Assembly without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018>

(6) Mayors/Do Governors shall formulate detailed implementation plans on the conservation and management of marine ecosystems in areas under their jurisdiction according to basic plans, and report such plans to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(7) The Minister of Oceans and Fisheries or Mayors/Do Governors may amend basic plans and detailed implementation plans, when it is deemed necessary to respond to the changes in natural or social conditions. In such case, they shall consult with the heads of the relevant central administrative agencies and Mayors/Do Governors in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(8) The Minister of Oceans and Fisheries may request Mayors/Do Governors to amend detailed implementation plans, when it is deemed necessary for the conservation and management of marine ecosystems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(9) Paragraphs (3) through (6) shall apply mutatis mutandis to amendments to basic plans: Provided, That this shall not apply to amendments to insignificant matters prescribed by Presidential Decree. <Amended on Feb. 18, 2020>

(10) The heads of the relevant central administrative agencies or Mayors/Do Governors shall preferentially consider basic plans, when taking such actions as authorization, permission, approval, license, decision or designation, in connection with development activities, etc.

(11) The Minister of Oceans and Fisheries shall analyze and evaluate the outcomes of implementing basic plans on the conservation and management of marine ecosystems every two years, and reflect such outcomes in polices on the conservation and management of marine ecosystems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 12(Drafting Marine Ecology Map) #

(1) The Minister of Oceans and Fisheries shall draft a marine ecology map, which classifies the marine ecosystems nationwide according to the following criteria, on the basis of the results of the investigations and observation under Articles 10 and 11, so as to utilize such map in formulating basic plans and take it into account in conducting development activities, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020>

1. First-class zone: Regions and sea areas falling under any of the following items:

(a) Regions and sea areas which are the major habitats, spawning areas and major migratory routes of marine organisms under protection;

(b) Regions and sea areas which have excellent marine ecosystems or magnificent marine landscape;

(c) Regions and sea areas which are located in geographical distribution limits of organisms or which represent the types of marine vegetation;

(d) Regions and sea areas with especially diverse marine organisms, where marine biological resources worthy of conservation exist and are distributed;

(e) Regions and sea areas which have a marine ecological value equivalent to items (a) through (d), satisfying the standards prescribed by Presidential Decree;

2. Second-class zone: Regions and sea areas equivalent to those falling under any item of subparagraph 1, which are worthy of future conservation in terms of marine biological value, or regions and sea areas outside of the first-class zone, which are necessary for the protection of the first-class zone;

3. Third-class zone: Regions and sea areas to be developed or used, which are not classified as a first-class zone, second-class zone or separately managed zone;

4. Separately managed zone: Regions with landscape value, which are prescribed by Presidential Decree, from among areas conserved under other statutes.

(2) When the Minister of Oceans and Fisheries draws up a marine ecology map, he or she may request the heads of the relevant central administrative agencies or the heads of local governments to cooperate therein, including the submission of necessary data or the cooperation by specialized human resources, and the heads of the relevant central administrative agencies or the heads of local governments shall comply with such requests, as prescribed by Presidential Decree, in the absence of unavoidable military necessity. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) Mayors/Do Governors may draw up a detailed marine ecology map in areas under their jurisdiction for the efficient conservation and management of marine ecosystems, in consultation with the Minister of Oceans and Fisheries, and matters necessary therefor shall be determined by the municipal ordinance of the relevant local governments. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 20, 2019>

(4) When the Minister of Oceans and Fisheries draws up a marine ecology map, he or she shall consult with the heads of the relevant central administrative agencies, after undergoing public perusal for at least 14 days. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries shall notify the heads of the relevant central administrative agencies and the heads of the relevant local governments of the marine ecology map and issue public notice thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) Standards and methods for drafting a marine ecology map shall be prescribed by Presidential Decree.

Article 14(Access to Another Person’s Land) #

(1) The Minister of Oceans and Fisheries or Mayors/Do Governors may order public officials or researchers (where the Minister of Oceans and Fisheries or Mayors/Do Governors entrust tasks including the nationwide comprehensive investigation into marine ecosystems under Article 10 (1) to specialized institutions or organizations pursuant to Article 60 (3), including the executives or employees of the relevant specialized institutions or organizations) to access public waters or another person’s land to conduct an investigation or make an observation, or order them to change or remove trees, soil, stones or other obstacles (hereinafter referred to as "obstacles, etc.") of such public waters or land, where it is necessary for the investigations and observation under Articles 10 and 11. <Amended on Feb. 29, 2008; Mar. 23, 2013; May 21, 2014; Dec. 27, 2016; Feb. 18, 2020; Dec. 8, 2020>

(2) Where public officials or researchers intend to change or remove obstacles, etc. under paragraph (1), they shall obtain consent from those who occupy and use, use, possess, occupy or manage public waters or land (hereinafter referred to as "occupiers and users, etc."): Provided, That where occupiers and users, etc. are not on site, or where it is impossible to obtain consent thereof due to their incorrect addresses, they shall post a notice on the bulletin board of an Eup/Myeon/Dong having jurisdiction over the relevant areas or publicly announce such fact in daily newspapers, and after 14 days from such notification or announcement, they shall be deemed to have obtained consent. <Amended on Aug. 20, 2019; Feb. 18, 2020>

(3) No occupier and user, etc. of public waters or land may refuse, obstruct or evade the access, investigations or observation and the change or removal of obstacles, etc. under paragraph (1) without good cause. <Amended on Feb. 18, 2020>

(4) Anyone who intends to access public waters or another person’s land under paragraph (1) shall carry an identification indicating his or her authority and present it to interested persons, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

Article 17(Designation of Conservation Institutions Other than Habitats) #

(1) The Minister of Oceans and Fisheries or Mayors/Do Governors may designate institutions prescribed by Presidential Decree, including zoos, as conservation institutions for marine organisms other than habitats, (hereinafter referred to as "conservation institutions other than habitats"), after hearing from the heads of the relevant central administrative agencies, where it is difficult to conserve marine organisms in their habitats or it is necessary to conserve marine organisms in places other than habitats for the conservation of their species: Provided, That he or she shall consult with the Administrator of the Cultural Heritage Administration, when designating conservation institutions other than habitats, so as to conserve natural monuments designated under Article 25 of the Cultural Heritage Protection Act in places other than their habitats. <Amended on Feb. 29, 2008; Mar. 23, 2013; May 21, 2014; Feb. 18, 2020>

(2) The Minister of Oceans and Fisheries or Mayors/Do Governors may fully or partially subsidize expenses incurred in conserving marine organisms under protection, where it is especially necessary to conserve marine organisms under protection in conservation institutions other than habitats. <Amended on Feb. 29, 2008; Mar. 23, 2013; May 21, 2014; Dec. 31, 2018>

(3) Where conservation institutions other than habitats fall under any of the following cases, the Minister of Oceans and Fisheries or Mayors/Do Governors may revoke their designation or order such institutions to wholly or partially suspend their business affairs for a fixed period not exceeding six months: Provided, That he or she shall revoke the designation in cases falling under subparagraph 1: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 4, 2013; Mar. 18, 2014; May 21, 2014; Dec. 27, 2016; Nov. 28, 2017; Dec. 31, 2018; Feb. 18, 2020>

1. Where they are designated as conservation institutions other than habitats, by fraud or other improper means;

2. Where they capture migratory marine animals and marine mammals, in violation of the prohibitions and restrictions under Article 16 (3);

3. Where they fall under any of the following items, in violation of Article 20 (1):

(a) Where they capture, collect or damage marine organisms under protection, without permission;

(b) Where they install explosives, nets or fishing gear, or use harmful substances (referring to toxic substances defined in subparagraph 2 of Article 2 of the Chemical Substances Control Act; hereinafter the same shall apply) or electric currents, so as to capture or damage marine organisms under protection;

4. Where they import or bring in marine animals, the capture of which is prohibited or restricted, or export, import, ship out or bring in marine organisms under protection, without permission, in violation of Article 42 (1) 1 and 2;

5. Where it is determined impractical for them to perform affairs such as conserving marine organisms, as they intentionally and continuously commit acts in violation of the purpose of their designation as conservation institutions other than habitats, such as abuse of marine organisms or neglect of management duties resulting in deaths of marine organisms.

(4) Such matters as criteria and procedures for designating conservation institutions other than habitats, or the operation thereof shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2016>

[Title Amended on Dec. 27, 2016]

Article 18(Rescue and Treatment of Marine Animals) #

(1) The Minister of Oceans and Fisheries or Mayors/Do Governors shall take measures necessary to rescue or treat marine animals in distress or wounded, such as the establishment and operation of facilities for rescuing and treating marine animals. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries or Mayors/Do Governors may designate the relevant institutions or organizations as institutions specialized in rescuing and treating marine animals, for the rescue and treatment of marine animals. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries or Mayors/Do Governors may fully or partially subsidize expenses incurred in rescuing and treating marine animals, for institutions specialized in rescuing and treating marine animals designated under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(4) Where institutions specialized in rescuing and treating marine animals fall under any of the following cases, the Minister of Oceans and Fisheries or Mayors/Do Governors may revoke their designation or order such institutions to wholly or partially suspend their business affairs for a fixed period not exceeding six months: Provided, That he or she shall revoke the designation in cases falling under subparagraph 1: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2016; Dec. 31, 2018>

1. Where they are designated as institutions specialized in rescuing and treating marine animals by fraud or other improper means;

2. Where they refuse to rescue or treat marine animals in distress or wounded at least three times without special circumstances;

3. Where they abuse marine animals;

4. Where they acquire, transfer, take over, transport, keep or offer marine organisms under protection, which have been captured in an illegal manner, and processed goods made of such marine organisms, in violation of Article 20;

5. Where they fraudulently claim expenses spent on activities to rescue or treat marine animals;

6. Where they conduct activities that violate the purpose of designation of institutions specialized in rescuing and treating marine animals.

(5) Such matters as criteria and procedures for designating institutions specialized in rescuing and treating marine animals and subsidies for expenses incurred in rescuing and treating marine animals under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2016; Feb. 18, 2020>

Article 20(Prohibitions against Capturing or Collecting Marine Organisms under Protection) #

(1) No one shall capture, collect, transplant, process, distribute, store (including dead marine organisms in cases of process, distribution or storage) or damage (hereinafter referred to as "capture or collection, etc.") marine organisms under protection, and shall install explosives, nets or fishing gear, or use toxic substances or electric currents, so as to capture or damage marine organisms under protection: Provided, That marine organisms under protection may be captured or collected, with permission from the Minister of Oceans and Fisheries, in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 4, 2013; Mar. 18, 2014; Dec. 27, 2016; Dec. 31, 2018; Feb. 18, 2020>

1. Where any one intends to use marine organisms, so as to protect, reproduce, or restore marine organisms under protection or conduct academic research;

2. Where any one intends to use marine organisms for education in institutes of marine biological resources established under Article 40 and in facilities for conserving or using marine ecosystems established under Article 43 (excluding such cases of capturing live marine mammals);

3. Where it is necessary for preventing damage to cultured fish species or fishery products;

4. Where it is inevitable to conserve marine organisms under protection by moving or transplanting them, so as to perform public works under Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects or conduct projects for which authorization, permission or approval, etc. (hereinafter referred to as "authorization or permission, etc.") has been obtained under statutes or regulations;

5. Where any one exports, imports, ships out or brings in artificially reproduced marine organisms, as prescribed by Presidential Decree;

6. Other cases determined by Ordinance of the Ministry of Oceans and Fisheries, unless the protection of marine organism is interrupted.

(2) Where any one obtains permission under Article 19 of the Wildlife Protection and Management Act, he or she shall be deemed to have obtained permission from the Minister of Oceans and Fisheries under the proviso of paragraph (1). <Amended on Feb. 29, 2008; Jul. 28, 2011; Mar. 23, 2013; Feb. 18, 2020>

(3) The provisions of paragraph (1) shall not apply in any of the following cases: <Amended on Feb. 29, 2008; Jul. 28, 2011; Mar. 23, 2013; May 21, 2014; Dec. 27, 2016>

1. Where any one captures marine organisms under protection, for fear that they are likely to cause imminent harm to human beings;

2. Where any one captures marine organisms under protection, as it is urgent to rescue and treat the marine animals wounded or incidentally caught by fishing gear, etc.;

3. Where any one inevitably catches marine organisms under protection with other marine organisms during fishing activities, and such catch is reported to the Minister of Oceans and Fisheries within 48 hours (excluding cases falling under subparagraph 2);

4. Where conservation institutions other than habitats, receive authorization or permission, etc. for capture or collection, etc. under the relevant statutes or regulations;

5. Where it falls under the permitted matters under Article 35 of the Cultural Heritage Protection Act;

6. Where marine organisms fall under the category of endangered wildlife under subparagraph 2 of Article 2 of the Wildlife Protection and Management Act.

(4) Anyone who intends to capture or collect, etc. marine organisms under protection, after obtaining permission under the proviso of paragraph (1), shall carry a permit, and when any one captures or collects, etc. marine organisms under protection, he or she shall report the results of capture or collection, etc. to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020>

(5) Where specific marine organisms are designated as marine organisms under protection, anyone who has already kept the relevant marine organisms shall make a report to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, within one year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018; Aug. 20, 2019; Feb. 18, 2020>

(6) Such matters as the standards and procedures for permission and the issuance of a permit under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

[Title Amended on Dec. 31, 2018]

Article 25(Designation and Management of Protected Marine Areas) #

(1) The Minister of Oceans and Fisheries may designate areas falling under any of the following subparagraphs, whose marine ecosystems or marine landscape require special protection, as protected marine areas and manage such areas: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 28, 2017; Dec. 31, 2018>

1. Sea areas where marine ecosystems maintain primitiveness or sea areas worthy of conservation and academic research for their diverse marine organisms;

2. Areas which need academic research or conservation, due to unusual topography, geological features or ecology of the sea;

3. Sea areas which are worthy of being conserved for their high primary production capacity or for their function as the habitats or spawning areas of marine organisms under protection;

4. Sea areas which may represent diverse marine ecosystems or are equivalent to examples thereof;

5. Sea areas which are worthy of special conservation, for their beautiful submarine landscape, including coral reefs and seaweeds, or marine landscape;

6. Areas needed to be conserved, in order to maintain or improve their function as carbon sinks of marine ecosystems;

7. Other sea areas prescribed by Presidential Decree, which are especially necessary for the effective conservation and management of marine ecosystems.

(2) Protected marine areas under paragraph (1) may be designated and managed, after being classified into the following sub-areas based on the characteristics of marine ecosystems: <Amended on Dec. 31, 2018; Feb. 18, 2020>

1. Areas for protecting marine organisms: Areas needed to protect marine organisms under protection;

2. Areas for protecting marine ecosystems: Areas with excellent marine ecosystems or diverse marine organisms, or areas with vulnerable ecosystems which are unlikely to be restored, if damaged;

3. Areas for protecting marine landscape: Areas with excellent marine landscape, wherein the topography, geological features and biota of the seaside or inside the sea achieve harmony with marine ecosystems.

(3) The Minister of Oceans and Fisheries may alter or cancel the designation as protected marine areas, where such areas lose the value as protected marine areas under paragraph (1) or do not need conservation, due to military necessity, natural disasters or other grounds. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(4) Matters necessary for the designation or management of protected marine areas under paragraphs (1) through (3) shall be determined by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

Article 26(Procedures for Designation of Protected Marine Areas) #

(1) When the Minister of Oceans and Fisheries intends to designate or alter protected marine areas, he or she shall draft a topographic map (including a marine chart) determined by Presidential Decree in a written plan on designation which includes the following, hear the opinions of the relevant local residents, interested persons and the heads of local governments, and then undergo consultations with the heads of the relevant central administrative agencies and deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development: Provided, That where alterations are made to minor matters prescribed by Presidential Decree, deliberation by the Marine Fishery Development Committee may be omitted: <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 6, 2009; Mar. 23, 2013; Aug. 20, 2019; Aug. 27, 2019; Feb. 18, 2020>

1. Grounds and purposes of designation or alteration;

2. Current status and characteristics of major marine ecosystems;

3. Specific use area or current status of using land in designated areas and adjacent areas;

4. Classification of protected marine areas and plans to manage such areas;

5. Current status of a fishing right and a mining right, an aquaculture business right and drawings;

6. Current status of regulated areas under statutes or regulations.

(2) Upon receiving requests for opinions or consultations under paragraph (1), the heads of local governments or the heads of the relevant central administrative agencies shall present their opinions to the Minister of Oceans and Fisheries within 30 days after the date they receive such requests, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) When the Minister of Oceans and Fisheries designates, alters or cancels protected marine areas, he or she shall give public notice of the details of designation, alteration or cancellation in the Official Gazette, without delay, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

Article 27(Restrictions on Acts in Protected Marine Areas) #

(1) No one shall commit any of the following acts in protected marine areas: Provided, That where park areas designated under the Natural Parks Act or cultural heritage (including protected areas) under the Cultural Heritage Protection Act is included in protected marine areas, the provisions of the Natural Parks Act or Cultural Heritage Protection Act shall apply: <Amended on Feb. 29, 2008; May 19, 2011; Mar. 23, 2013; Jun. 4, 2013; Mar. 18, 2014; Jan. 17, 2017; Dec. 31, 2018; Feb. 18, 2020>

1. Capturing, collecting, transplanting, or damaging marine organisms prescribed by Ordinance of the Ministry of Oceans and Fisheries, from among marine organisms which do not fall under marine organisms under protection, or installing explosives, nets or fishing gear or using toxic substances or electric currents, so as to capture or damage marine organisms in protected marine areas;

2. Newly constructing or extending buildings or other artificial structure (limited to where buildings are extended on not less than two occasions the size of the total ground area at the time of designation of protected marine areas);

3. Changing the structure of public waters, or increasing or decreasing the water level or quantity of the sea water;

4. Changing the quality of public waters or land;

5. Collecting the sea sand, quartz sand, soil and stones in public waters;

6. Throwing away specific substances harmful to the quality of water defined in subparagraph 8 of Article 2 of the Water Environment Conservation Act, or wastes or toxic substances defined in subparagraph 1 of Article 2 of the Wastes Control Act;

7. Damaging, destroying or relocating notices on the conservation and management of marine ecosystems or other landmarks;

8. Other acts deemed harmful to marine ecosystems as prescribed by Presidential Decree.

(2) In any of the following cases, the provisions of paragraph (1) shall not apply: <Amended on Apr. 11, 2007; Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2016; Aug. 20, 2019; Feb. 18, 2020; Dec. 8, 2020>

1. Where it is necessary for military purposes;

2. Where it is necessary to take urgent measures to cope with natural disasters or other disasters prescribed by Presidential Decree;

3. Acts falling under paragraph (1) 2 through 5, which are necessary for maintaining or improving the unique life styles of residents in protected marine areas or adjacent areas (hereinafter referred to as "adjacent areas") which may pollute or affect protected marine areas, or acts which are necessary for maintaining the existing farming or fishing activities, as prescribed by Presidential Decree;

4. Acts or related facilities for conducting an academic investigation or research, which are deemed to cause no harm to the conservation of the relevant protected marine areas and permitted by the Minister of Oceans and Fisheries;

5. Where the heads of the relevant administrative agencies are directly engaged in development activities, etc. under other statutes or regulations, or where the authorization or permission, etc. of the relevant administrative agencies are given. In such case, the heads of the relevant administrative agencies shall have a prior consultation with the Minister of Oceans and Fisheries;

6. Projects for rearranging the basis of agricultural production defined in subparagraph 5 of Article 2 of the Agricultural and Fishing Villages Improvement Act and projects for the comprehensive development of fishing villages defined in subparagraph 2 of Article 2 of the Fishing Villages and Fishery Harbors Act, which implement matters included in the management plan for protected marine areas under Article 28 of this Act;

7. Where the Minister of Oceans and Fisheries commits acts prescribed by Presidential Decree or establishes necessary facilities, so as to protect and manage protected marine areas;

8. Where facilities prescribed by Presidential Decree, including facilities for experiencing ecosystems, are established in areas for protecting marine landscape under Article 25 (2) 3.

(3) No act falling under paragraph (1) 1 shall be committed against marine organisms in any area for protecting marine organisms under Article 25 (2) 1, notwithstanding the proviso of paragraph (1). <Amended on Feb. 18, 2020>

(4) Any one may capture or collect marine organisms in areas for protecting marine landscape under Article 25 (2) 3, to the extent that it does not damage the marine landscape which serves as the ground for the designation as areas for protecting marine landscape, notwithstanding paragraph (1). <Amended on Feb. 18, 2020>

(5) The Minister of Oceans and Fisheries or Mayors/Do Governors may restrict development activities, etc. prescribed by Presidential Decree, or fishing activities in protected marine areas notwithstanding paragraph (2) 3, where it is inevitable for the protection of marine organisms under protection or it is especially necessary for the conservation and management of vulnerable marine ecosystems. <Amended on Feb. 29, 2008; May 19, 2011; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020>

Article 38(Formulation of Measures to Conserve Marine Biological Diversity and International Cooperation) #

(1) The State shall formulate and implement measures to conserve marine biological diversity, including the following, as prescribed by Presidential Decree, for the conservation of marine biological diversity, the sustainable use of components thereof, the appropriate management of marine biological resources and the implementation of international agreements for the conservation and management of marine ecosystems, to which the State has acceded (including the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance Especially as Waterfowl Habitat): <Amended on Feb. 18, 2020>

1. Conserving the components of marine biological diversity in habitats and places other than habitats;

2. Promoting and supporting projects for protecting and increasing marine biological resources;

3. Securing specialized human resources and facilities for the operation of facilities for conserving marine biological resources and the research of marine biological diversity;

4. Developing technology for the conservation and management of marine biological resources;

5. Evaluating the impact of bio-technologically mutated organisms on marine ecosystems once they are introduced into marine ecosystems;

6. Other matters prescribed by Presidential Decree, which are deemed to be necessary for implementing international agreements for the conservation and management of marine ecosystems.

(2) The State shall endeavor to exchange technology and information for the conservation and management of marine ecosystems, in cooperation with international organizations and related nations, ensure that technology for the conservation of marine biological diversity and sustainable use of components of marine biological diversity are easily acquired and transferred, in collaboration with countries directly involved in international agreements on the conservation and management of marine ecosystems and cooperate with each other, with regard to the management of marine biotechnology and the distribution of profits thereof.

Article 42(Restrictions on Exports and Imports of Marine Organisms) #

(1) Any one shall obtain permission from the Minister of Oceans and Fisheries in any of the following cases, in order to prevent damage to marine ecosystems and conserve marine biological diversity: Provided, That where any one obtains permission or approval under Article 39 of the Cultural Heritage Protection Act, Article 21 of the Wildlife Protection and Management Act, and Article 11 of the Act on the Conservation and Use of Biological Diversity, he or she shall be deemed to have obtained permission from the Minister of Oceans and Fisheries: <Amended on Feb. 29, 2008; Jul. 28, 2011; Feb. 1, 2012; Mar. 23, 2013; May 21, 2014; Dec. 31, 2018; Feb. 18, 2020>

1. Where any one imports or brings in marine animals (including processed products), the capture of which is prohibited or restricted under Article 16 (3), from foreign nations;

2. Where any one exports, imports, ships out or brings in marine organisms under protection (including easily recognizable parts, derivatives and processed products), the capture or collection of which is restricted under Article 20 (1);

3. Where any one exports, imports, ships out or brings in species determined by Ordinance of the Ministry of Oceans and Fisheries, as likely to significantly affect the conservation, management and sustainable use of marine ecosystems and marine biological resources.

(2) The Minister of Oceans and Fisheries may specify or restrict the methods, quantities, regions of imports or shipments and business owners, etc. under paragraph (1), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) Where any person, who obtains permission under the main clause of paragraph (1), falls under any of the following cases, the Minister of Oceans and Fisheries may revoke such permission: Provided, That where any one falls under subparagraph 1, he or she shall revoke such permission: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

1. Where any one obtains permission by fraud or other improper means;

2. Where any one violates permitted conditions, in exporting, importing, shipping out or bringing in marine animals, etc. under any subparagraph of paragraph (1).

Article 43(Establishment and Operation of Facilities for Conserving and Using Marine Ecosystems) #

(1) The Minister of Oceans and Fisheries, the heads of the relevant central administrative agencies or the heads of local governments may establish and operate the following facilities (hereinafter referred to as "facilities for conserving and using marine ecosystems"), for the conservation and management of marine ecosystems and the sound use of the sea: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Facilities for conserving and managing marine ecosystems or preventing damage to marine ecosystems;

2. Information facilities for the conservation and management of marine ecosystems and facilities for using marine ecosystems, such as a wooden bridge for observing natural ecosystems;

3. Educational facilities, PR facilities or management facilities for conserving and using marine ecosystems, such as facilities for observing marine ecosystems, the institute for the conservation of marine ecosystems and a marine ecosystem learning institute;

4. Facilities for conserving and restoring ecosystems in protected marine areas and City/Do protected marine areas;

5. Facilities for conserving and restoring landscape in areas for protecting marine landscapes;

6. Other facilities for protecting marine assets.

(2) The Minister of Oceans and Fisheries, the heads of the relevant central administrative agencies or the heads of local governments shall, before establishing and operating facilities for conserving and using marine ecosystems under paragraph (1), formulate plans on the establishment of such facilities and publicly notify such plans, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(3) The Minister of Oceans and Fisheries, the heads of the relevant central administrative agencies or the heads of local governments may collect charges from persons who use facilities for conserving and using marine ecosystems established under paragraph (1), by taking into account expenses incurred in the maintenance and management thereof: Provided, That park areas designated under the Natural Parks Acts shall be governed by the Natural Parks Acts. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(4) Matters concerning the procedures for collecting charges under paragraph (3) and reduction and exemption therefrom shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That facilities established by the heads of local governments shall be prescribed by Municipal Ordinance of the relevant local governments. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020; Dec. 8, 2020>

Article 46(Restoration of Marine Ecosystems) #

(1) The Minister of Oceans and Fisheries or the heads of local governments shall take necessary measures to ensure that marine ecosystems of high ecological values are not damaged, in conducting development activities, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries may prepare measures to conserve and manage the relevant marine ecosystems and implement such measures, in cooperation with the heads of the relevant central administrative agencies and the heads of local governments in the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020>

1. Where the major habitats or spawning areas of marine organisms under protection are destroyed or damaged, which endangers the existence of species;

2. Where the parts of marine ecosystems maintaining primitiveness or vulnerable marine ecosystems are destroyed, damaged or disturbed;

3. Where nature of high-level marine biological diversity or unique nature is damaged;

4. Other regions prescribed by Presidential Decree as necessary for the protection of marine ecosystems, such as seaside and habitats.

(3) The Minister of Oceans and Fisheries or the heads of local governments shall formulate and implement measures necessary to restore damaged marine ecosystems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) The Minister of Oceans and Fisheries may request the heads of the relevant central administrative agencies or the heads of local governments, who formulate or finalize business plans for development activities, etc. or who grant permission for development activities, etc., to formulate and implement measure to restore marine ecosystems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries shall formulate and implement policies necessary to conserve or restore marine ecosystems, such as the development of technology for the restoration of marine ecosystems, projects for the restoration of marine ecosystems and fostering of institutions specialized in the restoration of marine ecosystems. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 49(Marine Ecosystem Conservation Charges) #

(1) The Minister of Oceans and Fisheries shall impose and collect a marine ecosystem conservation charge from any person who conducts development projects having significant impacts on the marine ecosystems or causing a decrease in marine biological diversity. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2022>

(2) Projects subject to a marine ecosystem conservation charge under paragraph (1) shall be as follows: <Amended on Mar. 28, 2008; Jan. 27, 2010; May 19, 2011; Jul. 21, 2011; Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

1. Development projects conducted in public waters, from among the projects subject to impact assessment under Articles 22 and 42 of the Environmental Impact Assessment Act;

2. Projects for exploring and mining in public waters, the scale of which is not smaller than the scale prescribed by Presidential Decree, from among mining businesses under subparagraph 2 of Article 3 of the Mining Industry Act;

3. Projects subject to sea area utilization impact assessment under Article 85 of the Marine Environment Management Act: Provided, That the use and development of deep sea water under subparagraph 6 of the same Article shall be excluded;

4. Other projects prescribed by Presidential Decree, from among projects which remarkably affect marine ecosystems or projects using marine assets in public waters.

(3) The marine ecosystem conservation charge under paragraph (1) shall be calculated and imposed by multiplying the damaged areas of the ecosystem by the amounts to be imposed per unit area and regional coefficients: Provided, That projects prescribed by Presidential Decree that are conducted for military purposes may be exempt from the marine ecosystem conservation charge. <Amended on Dec. 27, 2016; Feb. 18, 2020; Oct. 18, 2022>

(4) Where the amount of a marine ecosystem conservation charge to be imposed under paragraph (1) exceeds the standard prescribed by Presidential Decree, the Minister of Oceans and Fisheries may allow such amount to be paid in installments, as prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018; Oct. 18, 2022>

(5) Procedures for collecting marine ecosystem conservation charges under paragraph (1), criteria for exemption, amounts to be imposed per unit area, and regional coefficients shall be prescribed by Presidential Decree. <Amended on May 21, 2014; Dec. 27, 2016; Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

(6) The Minister of Oceans and Fisheries shall pay marine ecosystem conservation charges under paragraph (1) and additional charges under Article 51 (1) to the Fisheries Development Fund under Article 46 of the Framework Act on Fisheries and Fishing Villages Development. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

(7) Where the Minister of Oceans and Fisheries delegates his or her authority to collect marine ecosystem conservation charges or additional charges to the Mayors/Do Governors pursuant to Article 60 (1), he or she shall appropriate 10/100 of the marine ecosystem conservation charges and additional charges collected as revenue of a relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province, and may allocate up to 50/100 thereof to the Mayors/Do Governors having jurisdiction over the relevant project areas, for the purpose of implementing projects for the conservation and management of marine ecosystems prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 28, 2017; Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

(8) Where any person who has paid a marine ecosystem conservation charge, or who has been entrusted with implementing a project for the conservation and management of marine ecosystems by a person who has paid a marine ecosystem conservation charge and obtained a consent to the return of the charge, has implemented a project for the conservation and management of marine ecosystems that are prescribed by Presidential Decree, such as creating alternative marine ecosystems and restoring marine ecosystems, after obtaining approval therefor from the Minister of Oceans and Fisheries, the Minister of Oceans and Fisheries may return some of the charge to the person. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 27, 2016; Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

(9) Matters necessary for granting approval and returning marine ecosystem conservation charges under paragraph (8) shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

[Title Amended on Oct. 18, 2022]

Article 65(Administrative Fines) #

(1) Any person who violates a measure taken by a Mayor/Do Governor under Article 36 (5) (limited to the parts related to the provisions of Articles 27 and 30) shall be subject to an administrative fine not exceeding 10 million won. <Amended on Feb. 18, 2020>

(2) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Dec. 31, 2018; Feb. 18, 2020; Oct. 18, 2022>

1. Any person who refuses, obstructs, or evades access, investigation or observation and the change or removal of any obstacle, etc. without good cause, in violation of Article 14 (3);

2. Any person who captures a migratory marine animal, in violation of prohibitions or restrictions under Article 16 (3);

3. Any person who fails to report the outcome of the capture or collection of marine organisms under protection, in violation of Article 20 (4);

4. Any person who fails to report on the storage of marine organisms under protection, in violation of Article 20 (5);

5. Any person who performs any act that is likely to interrupt or disturb the migration or feeding activities of marine organisms under protection, in violation of Article 22 (2);

6. Any person who violates the restrictions on changing the shape and quality of public waters, or entry into, or cooking or camping in public waters under Article 47.

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Feb. 18, 2020>

1. Any person who fails to carry a permit, in violation of Article 20 (4);

2. Any person who fails to return a permit, in violation of Article 21 (2);

3. Any person who violates a restriction on an act under Article 27 (1) 6 through 8;

4. Any person who violates a restriction on development activities or fishing activities under Article 27 (5).

(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Oceans and Fisheries or the heads of local governments, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>

(5) Deleted. <Apr. 1, 2009>

(6) Deleted. <Apr. 1, 2009>

(7) Deleted. <Apr. 1, 2009>

CONSERVATION AND MANAGEMENT OF MARINE ECOSYSTEMS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles for Conservation and Management of Marine Ecosystems) #

Article 4(Responsibility of the State) #

Article 5(Consultations on Major Policies) #

Article 6(Support for Movements to Protect Marine Ecosystems) #

Article 7(Establishment and Operation of Marine Ecosystem Information System) #

Article 8(Formulation of Joint Measures with Neighboring Countries) #

Article 9(Formulation of Basic Plans on Conservation and Management of Marine Ecosystems) #

Article 9-2(Establishment of Marine Ecosystem Axis) #

Article 9-3(Management Plans on Marine Ecosystem Axis) #

Article 10(National Comprehensive Investigation into Marine Ecosystems) #

Article 11(Detailed Investigation and Observation of Changes in Marine Ecosystems) #

Article 12(Drafting Marine Ecology Map) #

Article 13(Marine Ecology Researchers) #

Article 14(Access to Another Person’s Land) #

Article 15(Maintenance and Management of Marine Primary Production) #

Article 16(Protection of Migratory Marine Animals) #

Article 16-2(Survey of Marine Organisms under Protection) #

Article 17(Designation of Conservation Institutions Other than Habitats) #

Article 18(Rescue and Treatment of Marine Animals) #

Article 18-2(Prevention of Incidental Catch of Marine Organisms under Protection) #

Article 19(Plans to Conserve Marine Organisms under Protection) #

Article 20(Prohibitions against Capturing or Collecting Marine Organisms under Protection) #

Article 21(Revocation of Permission) #

Article 22(Restrictions on Advertisements and Observation Activities relating to Marine Organisms under Protection) #

Article 23(Management of Organisms Disturbing Marine Ecosystems) #

Article 24(Management of Harmful Marine Organisms) #

Article 25(Designation and Management of Protected Marine Areas) #

Article 26(Procedures for Designation of Protected Marine Areas) #

Article 27(Restrictions on Acts in Protected Marine Areas) #

Article 28(Management Plans for Protected Marine Areas) #

Article 29(Investigation and Observation of Protected Marine Areas) #

Article 30(Orders for Suspension) #

Article 31(Urgently Protected Marine Areas) #

Article 32(Securing Land for Conservation and Management of Marine Ecosystems) #

Article 33(Purchase of Land in Protected Marine Areas) #

Article 34(Support for Residents in Protected Marine Areas) #

Article 35(Preferential Use of Protected Marine Areas) #

Article 36(Designation and Management of City/Do Protected Marine Areas) #

Article 37(Consultations on Development Activities in City/Do Protected Marine Areas) #

Article 38(Formulation of Measures to Conserve Marine Biological Diversity and International Cooperation) #

Article 39(Research and Technology Development for Marine Biological Diversity) #

Article 40(Establishment and Operation of Institute of Marine Biological Resources) #

Article 41(Contracts on Management of Marine Biological Diversity) #

Article 42(Restrictions on Exports and Imports of Marine Organisms) #

Article 43(Establishment and Operation of Facilities for Conserving and Using Marine Ecosystems) #

Article 44(Designation and Management of Seaside Rest Areas) #

Article 45(Conservation of Marine Landscapes) #

Article 46(Restoration of Marine Ecosystems) #

Article 47(Preventing Damage to Marine Ecosystems in Public Waters) #

Article 48(Support for Marine Ecological Tourism) #

Article 49(Marine Ecosystem Conservation Charges) #

Article 49-2(Purposes of Marine Ecosystem Conservation Charges) #

Article 50(Notification of Authorization or Permission for Projects) #

Article 51(Compulsory Collection of Marine Ecosystem Conservation Charges) #

Article 52(Cooperation with Relevant Agencies) #

Article 53(Compensation for Loss) #

Article 54(State Subsidies) #

Article 55(Symbolic Signs of Marine Ecosystems and Symbolic Species of Local Governments) #

Article 56(Support for Civil Organizations for Conservation and Management of Marine Ecosystems) #

Article 57(Honorary Instructors for Conservation of Marine Ecosystems) #

Article 58(Reporting) #

Article 59(Hearings) #

Article 60(Entrustment or Delegation of Authority) #

Article 60-2(Re-Examination of Regulation) #

Article 61(Penalty Provisions) #

Article 62(Penalty Provisions) #

Article 63(Penalty Provisions) #

Article 63-2(Aggravated Punishment of Capturing Marine Organisms under Protection) #

Article 63-3(Forfeiture and Levy) #

Article 64(Joint Penalty Provisions) #

Article 65(Administrative Fines) #