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DISTANT WATER FISHERIES DEVELOPMENT ACT — 법갈피

영문법령 / DISTANT WATER FISHERIES DEVELOPMENT ACT

DISTANT WATER FISHERIES DEVELOPMENT ACT

법률타법개정시행 2024-05-01해양수산부 · 제19807호 · 공포 2023-10-31

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to encourage the sustainable development of the distant water fisheries industry and contribute to the growth of national economy, through the rational preservation, management, exploitation, and utilization of living marine resources, and the promotion of international cooperation. <Amended on Jan. 6, 2015>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 30, 2013; Jan. 6, 2015; Feb. 18, 2020>

1. The term "distant water fisheries industry" means distant water fisheries activities defined under subparagraph 2 and businesses related to distant water fisheries defined under subparagraph 3;

2. The term "distant water fisheries" means a business capturing or collecting marine animals and plants in international waters by a national of the Republic of Korea, either solely or jointly with a foreigner (limited to where the capital stock paid or voting rights held by nationals of the Republic of Korea exceed the criteria prescribed by Presidential Decree; hereinafter the same shall apply);

3. The term "business related to distant water fisheries" means a business transporting, processing, distributing, selling, etc., of fishery products produced by distant water fisheries by nationals of the Republic of Korea, either solely or jointly with foreign nationals, and fishery products produced through investments as prescribed by Presidential Decree in a foreign country (including aquaculture and businesses incidental thereto);

4. The term "distant water fisheries industry operator" means any person engaged in distant water fisheries under subparagraph 2 (hereinafter referred to as "distant water fisheries operator") and any person engaged in a business related to distant water fisheries under subparagraph 3 (hereinafter referred to as "business operator related to distant water fisheries");

5. The term “persons engaged in the distant water fisheries industry” means persons engaged in distant water fisheries (hereinafter referred to as “persons engaged in distant water fisheries”), who are employed by an operator of a distant water fisheries business, and those persons engaged in any business related to distant water fisheries, who are employed by an operator of any distant water fisheries-related business;

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 30, 2013; Jan. 6, 2015; Feb. 18, 2020; Oct. 24, 2023>

1. The term "distant water fisheries industry" means distant water fisheries activities defined under subparagraph 2 and businesses related to distant water fisheries defined under subparagraph 3;

6. The term “activities for fisheries operations” means activities in distant water fisheries, or activities related thereto such as the search and harvest of fish, the custody, storage and processing of caught fish, the transportation of caught fish or products made therefrom (hereinafter referred to as “fisheries operations”), and the supply of things necessary for ships;

7. The term “international fisheries organization” means any international organization or regional fisheries management organization established in accordance with a treaty, international convention, or agreement, etc. (hereinafter referred to as “international law”);

8. The term “preservation and management measures” means measures to preserve or manage one or more species of marine and fisheries resources as adopted and applied in accordance with international law;

9. The term “flag state” means a state which is represented by the national flag a fishing vessel, etc. displays to indicate its nationality;

10. The term “international waters” means the sea area excluding the East Sea, Yellow Sea, Eastern Chinese Sea, and the Pacific Ocean area north 25 degrees North Latitude and west 140 degrees East Longitude;

11. The term "observer" means a person designated or selected by the relevant state or international fisheries organization, who engages in activities on board a vessel to monitor or supervise compliance with international standards for fisheries operations or to conduct scientific surveys;

12. The term “illegal fisheries” means any of the following fisheries activities:

(a) Fisheries operations or fisheries activities in any waters under the jurisdiction of any state, conducted by a ship of the said state or a foreign state without a permit from such state, or in violation of the law of such state;

(b) Fisheries activities engaged in by a ship of a member state of any international fisheries organization in violation of a legally binding preservation and management measure of the said international fisheries organization, or any provision of the relevant international law;

(c) Fisheries activities conducted in violation of domestic law or international duty of the relevant state, including states which cooperate with an international fisheries organization;

13. The term “unreported fisheries” means any of the following fisheries activities:

(a) Fisheries operation conducted in waters under the jurisdiction of any state, for which a report has not been or has been made falsely to the relevant authorities in violation of the domestic law of such state;

(b) Fisheries operation conducted in any waters under the jurisdiction of an international fisheries organization, for which a report determined by the international fisheries organization has not been made or has falsely been made;

14. The term “unregulated fisheries” means any of the following fisheries activities:

(a) Fisheries activity in any waters under the jurisdiction of an international fisheries organization, engaged in by a stateless ship or a ship of a non-member state or virtual non-member state of the international fisheries organization in non-conformity with or in violation of a preservation and management measure of the said organization;

(b) Fisheries activity conducted in any waters not subject to a preservation and management measure of an international fisheries organization or conducted with respect to fisheries resources in circumvention of any obligation of states for the preservation of living marine resources under international law;

15. The term “coastal state” means a state, the border of the land territory of which is adjacent to a belt of sea;

16. The term “overseas marine resources” means marine products prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are produced or processed, in the distant water fisheries industry (including marine products for acquiring raw materials of bioenergy under subparagraph 2 (f) of Article 2 of the Act on the Promotion of the Development, Use, and Diffusion of New and Renewable Energy;

17. The term “transshipment” means transfer for transportation of all or part of marine products (including products manufactured or processed with marine products as raw materials or ingredients; hereafter in this Article and Article 26 (2) the same shall apply) under custody of a ship into any other ship;

18. The term "unloading" means moving all or part of marine products under custody of a ship to land;

19. The term "catch certificate" means a document verified and issued by the competent administrative agency of a flag state to certify that the catch has been legitimately made.

[Enforcement Date: Oct. 25, 2024] Article 2

Article 4(Formulation of Comprehensive Plans for Distant Water Fishing Industry) #

(1) The Minister of Oceans and Fisheries shall formulate a comprehensive plan to develop the distant water fisheries industry (hereinafter referred to as "comprehensive plan to develop the distant water fisheries industry") every five years, as prescribed by Presidential Decree. In such cases, the Minister of Oceans and Fisheries shall consult thereon in advance with the heads of relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) A comprehensive plan to develop the distant water fisheries industry shall include the following matters: <Amended on Jul. 30, 2013; Jan. 6, 2015>

1. Matters concerning the rational preservation and management and exploration and exploitation of living marine resources;

2. Objectives of and strategies for national distant water fisheries industry and phase-by-phase implementation plans;

3. Changes in the environment of overseas marine resources waters and prospect therefor;

4. Matters concerning strengthening the competitiveness of the distant water fisheries industry and the promotion of and support for the distant water fisheries industry;

5. Matters concerning the training of professional human resources for the distant water fisheries industry and the development of relevant technologies;

6. Matters concerning international cooperation with coastal states, international fisheries organizations, etc.;

7. Matters concerning restricting illegal fishing, unreported fishing, and unregulated fishing (hereinafter referred to as “illegal, unreported, and unregulated fishing”);

8. Other matters necessary for the efficient promotion of the distant water fisheries industry.

(3) When the Minister of Oceans and Fisheries formulates a comprehensive plan to develop the distant water fisheries industry, he or she shall publicly announce such plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2023>

(4) Matters necessary for the formulation of comprehensive plans to develop the distant water fisheries industry and other matters shall, be prescribed by Presidential Decree. <Amended on Jan. 6, 2015>

Article 6(Permit for and Reporting on Distant Water Fisheries) #

(1) Each person who intends to engage in distant water fisheries shall obtain a permit for each fishing vessel from the Minister of Oceans and Fisheries. The foregoing shall also apply where a person intends to amend any permitted matter: Provided, That minor matters prescribed by Presidential Decree shall be reported. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(2) Notwithstanding paragraph (1), where a fishing vessel which is granted a permit for offshore fisheries under Article 40 (1) of the Fisheries Act is permitted to be engaged in fishery activities in any waters under the jurisdiction of a foreign state in accordance with an agreement on fisheries or an agreement on fisheries cooperation with a foreign state or foreigner (hereinafter referred to as “fisheries cooperation with a foreign state”), the Minister of Oceans and Fisheries may grant a permit under paragraph (1) without applying the permit standards for distant water fisheries under paragraph (8). <Newly Inserted on Jan. 6, 2015; Jan. 11, 2022>

(3) A person who intends to obtain a permit for distant water fisheries pursuant to paragraph (1) may file an application for permission for concurrent businesses with respect to the very same fishing vessel depending on the structure and performance of such fishing vessel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jan. 6, 2015>

(4) The Minister of Oceans and Fisheries shall, where granting a permit for distant water fisheries, do so by dividing the areas of fisheries operations into the Pacific, the Atlantic, and the Indian Ocean: Provided, that he or she may, depending on the type of distant water fishery, grant a permit for the Pacific, the Atlantic, and the Indian Ocean as one area of fisheries operations. <Newly Inserted on Jan. 6, 2015>

(5) Notwithstanding paragraph (4), if deemed necessary, the Minister of Oceans and Fisheries may grant a permit for the area of fisheries operations after adjustment thereof through fisheries cooperation with a foreign state. <Newly Inserted on Jan. 6, 2015>

(6) Where it is deemed necessary for fisheries cooperation with a foreign state, protection of overseas fisheries resources, or public interests, the Minister of Oceans and Fisheries may grant permits, specifying the time for fisheries. <Newly Inserted on Jan. 6, 2015; Feb. 18, 2020>

(7) A person who intends to be engaged in distant water fisheries through an overseas local corporation established jointly with a foreigner, shall report thereon to the Minister of Oceans and Fisheries. Any person who intends to modify any reported matter shall report such modification. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(8) The types of distant water fisheries that require permits under paragraph (1) shall be prescribed by Presidential Decree, and those matters necessary for permit applications, standards for permits, permit for modification, and reporting on minor matters under paragraph (1), and report or report of modification under paragraph (7) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

(9) The Minister of Oceans and Fisheries shall grant a permit under paragraph (1) to an applicant, except in any of the following cases: <Newly Inserted on Jul. 30, 2013; Jan. 6, 2015>

1. Where any defect is found in any application document specified by Ordinance of the Ministry of Oceans and Fisheries, such as a business plan for distant water fisheries;

2. Where permit issuance is subject to restriction under Article 7 (1);

3. Where an applicant falls under a ground for disqualification as prescribed in Article 8 (1);

4. Where an application fails to meet any of the standards for permit issuance for distant water fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the size of a fishing vessel;

5. Where the permit quota for distant water fisheries under paragraph (10) is exceeded;

6. Other cases that violate any restriction under this Act or other statutes or regulations.

(10) If necessary, the Minister of Oceans and Fisheries may determine the permit quota for distant water fisheries, based upon the status of marine resources, the number of deep-sea fishing vessels, other natural and social conditions, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

(11) A person who has obtained a new permit for distant water fisheries under Article 7 (2) shall be deemed to have succeeded to an administrative disposition, burdens, conditions, etc., imposed with respect to the previous permit for distant water fisheries. <Newly Inserted on Jan. 6, 2015>

(12) Matters necessary for the permit quota for distant water fisheries under paragraph (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

[Title Amended on Jan. 6, 2015]

Article 6-2(Suspension of Permits for Distant Water Fisheries) #

(1) A person who has obtained a permit for distant water fisheries pursuant to Article 6 (1) may, in any of the following cases, file an application for suspending such permit with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where such person fails to file a report on the closure of business under Article 10, he or she shall not be allowed to file an application for suspending a permit therefor:

1. Where the relevant fishing vessel has been sunk or been destroyed;

2. Where the relevant fishing vessel has become disused;

3. Where it is impossible to engage in fisheries activities because the whereabouts of the relevant fishing vessel is unknown.

(2) Upon receipt of an application for suspending a permit for distant water fisheries under paragraph (1), the Minister of Oceans and Fisheries shall notify the applicant of whether he or she suspends such permit within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of filing such application. <Newly Inserted on Mar. 21, 2017>

(3) Where the Minister of Oceans and Fisheries fails to notify the applicant of whether he or she suspends a permit for distant water fisheries, or of whether he or she extends a processing period prescribed by the petition process-related statutes within the period described in paragraph (2), it shall be deemed that he or she defers the grant of a new permit from the date after the end of the period described in paragraph (2) until the expiration of the suspension period for which the applicant has applied. <Newly Inserted on Mar. 21, 2017>

(4) Upon receipt of an application for suspending a permit for distant water fisheries under paragraph (1), the Minister of Oceans and Fisheries shall defer the grant of a new permit replacing any permit for the relevant fishing vessel, for a fixed period not exceeding two years from the date such fishing vessel sank or was destroyed, disappeared, or became disused: Provided, that where a fishing vessel is under construction; where the importation of a ship is in progress; or where any circumstance prescribed by Ordinance of the Ministry of Oceans and Fisheries arises as at the expiration of the suspension period, the suspension period may be extended by up to two years. <Amended on Mar. 21, 2017>

(5) Where a mortgagee has notified the execution of a mortgage on a fishing vessel, the Minister of Oceans and Fisheries shall defer the grant of a new permit replacing any permit for the relevant fishing vessel during the period from the date of receipt of such notification to the date three months after the date of full payment of the price of successful bid for such fishing vessel. <Amended on Mar. 21, 2017>

[This Article Newly Inserted on Jan. 6, 2015]

Article 6-3(Succession to Status of Persons Obtaining Permit for Distant Water Fisheries) #

(1) A person who inherits, purchases (including purchase through an auction under the Civil Execution Act or in accordance with the procedures equivalent thereto), or leases (where a person who has obtained a permit for distant water fisheries is a corporation, including the corporation that survives a merger or division) a fishing vessel granted a permit for distant water fisheries under Article 6 from a person who has obtained such permit shall succeed to the status of the person who has obtained such permit (in cases of inheritance, this shall not apply where an heir objects to such succession). In such cases, the status of a person who has previously obtained a permit for distant water fisheries shall lose its effect.

(2) A person who succeeds to the status of a person who has obtained a permit for distant water fisheries pursuant to paragraph (1) shall file a report on such succession with the Minister of Oceans and Fisheries within 30 days from the date of succession (60 days, in cases of inheritance) in accordance with the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries, and a person who fails to meet the standards for a fishing vessel granted a permit for distant water fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries shall meet such standards within 90 days from the date of succession.

(3) Upon receipt of a report under paragraph (2), the Minister of Oceans and Fisheries 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 who has obtained a permit for distant water fisheries pursuant to paragraph (1) shall be deemed to also become subject to administrative dispositions made for the permit for distant water fisheries or any burden, conditions, etc.: Provided, That this shall not apply where the person who succeeds to the status of a person who has obtained a permit for distant water fisheries proves that he or she was unaware of such dispositions or violations.

(5) The Minister of Oceans and Fisheries upon receipt of a report under paragraph (2) may share computerized registration data pursuant to Article 13 of the Act on the Registration of Family Relations.

(6) Article 8 shall apply mutatis mutandis to the grounds for disqualification of a person who succeeds to the status of a person who has obtained a permit for distant water fisheries pursuant to paragraph (1): Provided, That this shall not apply where a corporation falling under the latter part of Article 8 (1) replaces its executive officer within six months or where an heir transfers the status of the person who obtained a permit for distant water fisheries to any other person within six months from the date the inheritee dies.

[This Article Newly Inserted on Oct. 24, 2023]

[Enforcement Date: Oct. 25, 2024] Article 6-3

Article 7(Restrictions on Permits for Distant Water Fisheries) #

(1) The Minister of Ocean and Fisheries may restrict permits for distant water fisheries of a ship, suspend the distant water fisheries thereof, or restrict mooring of a ship or its entry into and departure from a port in any of the following cases, when granting a permit for distant water fisheries under Article 6, or if a ship for which such permit has been granted falls under any of the following subparagraphs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015; Nov. 26, 2019; Aug. 17, 2021>

1. Where an international fisheries organization has made a resolution for preservation and management of resources;

2. Where the permit for distant water fisheries fails to meet international standards regarding fisheries in high seas;

3. Where a request for restrictions is made by a coastal state or international fisheries organization;

4. Where an international fisheries organization whose establishment is in progress has adopted a voluntary or tentative measure;

5. Where the relevant fishing vessel conducts any fisheries operation in any waters under the jurisdiction of any coastal state in which it is deemed that the said state does not grant a license, permit, or authorization to, and monitor, supervise, and control foreign ships conducting fishery operations, in an effective manner under its fisheries-related statute;

6. Where it is necessary for managing, etc. overseas fisheries resources;

7. Where the relevant fishing vessel falls under any of the ships for which a permit for distant water fisheries has ever been canceled under Article 11 (1);

8. Where the name of a ship against which a disposition for the cancellation, etc. of a permit for distant water fisheries has ever been taken under Article 11 (1) has been changed without any justifiable reason;

9. Where a ship belonging to a high risk group under Article 15-2 has ever been specially managed;

10. Where a ship is or was registered in the list of ships involved in illegal, unreported, or unregulated fisheries prepared by an international fisheries organization or a coastal state;

11. Where the Minister of Oceans and Fisheries deems that there is sufficient evidence to suspect that any ship is illegal, unreported, or unregulated, or that it is necessary to specially place any restriction on such ship for public interests;

12. A case falling under any of the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prevention, etc. of accidents related to fishing activities;

13. Where the relevant fishing vessel departs from a port or conducts fisheries operations without submitting the safety management guidelines under Article 28-2 (1) (including cases where a request for supplementation under paragraph (3) of the same Article is not reflected) or it refuses, obstructs, or evades an inspection under paragraph (4) of the same Article;

14. Where the relevant fishing vessel violates an order for departure suspension under Article 28-4 (2) or (3);

15. Where the relevant fishing vessel allows officers (including officers recognized as qualified for serving aboard ship under Article 10-2 of the Ship Personnel Act) to serve aboard ships, in violation of Article 11 (1) of the same Act;

16. Where the ship fails to take any of the measures under Article 11-2 (1) or (2) of the Act on the Prevention of Damage to Ships on International Voyages from Piracy: Provided, That this shall not apply where there is good cause under Article 11-3 (1) of the same Act;

17. Where the person who intends to obtain a permit for distant water fisheries or a ship owner, etc. under Article 3 (3) of the Act on the Prevention of Damage to Ships on International Voyages from Piracy has or have been sentenced to a fine or heavier punishment and where such sentence has become final and conclusive for failing to implement the measures under Article 11-2 (1) or (2) of the same Act.

(2) Restrictions concerning fishing areas, the age of a vessel, etc. may be imposed on fishing vessels allocated for a new permit for distant water fisheries prescribed by Presidential Decree or for replacement of permitted fishing vessels, if necessary.

[Title Amended on Jan. 6, 2015]

Article 13(Rules for Distant Water Fisheries Operators to Observe) #

(1) Each operator of a distant water fisheries business and a person engaged in distant water fisheries (hereinafter referred to “operator, etc. of a distant water fisheries business) shall conscientiously conduct fishing operations within the permitted scope of operations and shall comply with resolutions made by international fisheries organizations for the conservation and management of resources and international standards regarding fisheries in high seas. <Amended on Jan. 6, 2015>

(2) No operator, etc. of a distant water fisheries business shall engage in any of the following activities related to serious violations in international waters: <Amended on Jul. 30, 2013; Jan. 6, 2015; Nov. 26, 2019>

1. Capturing or gathering fishery resources using poisons, explosives, weapons, or electricity;

2. Conducting fisheries operations without any license, authorization, permit, or registration from the Government of a coastal state, or conducting fisheries operations after obtaining a license, authorization, or permit or filing for registration by forging or falsifying application documents in waters under the jurisdiction of the relevant coastal state;

3. Conducting fisheries operations without being allocated a catch quota established by an international fisheries organization or coastal state;

4. Transshipping fish or conducting joint fisheries operations with a ship of a non-member state or a ship listed by an international fisheries organization or coastal state as a vessel engaged in illegal, unreported, or unregulated fishing, or assisting such ship;

5. Conducting fisheries operations in waters or for the period subject to the prohibition of fisheries operations established by an international fisheries organization or coastal state, or directly conducting fisheries operations for any fishery resources prohibited from fishing;

6. Conducting fisheries operations with fishing gear or fishing methods non-permitted in an international fisheries organization or a coastal state;

7. Conducting fisheries operations in excess of a catch quota set by a coastal state;

8. Refusing the embarking or disembarking of an observer, an inspector of the Port State, or an inspector on board who performs activities according to the legal procedures, or assaulting or detaining the observer;

9. Failing to report on the status of fisheries operations, the amount of catches, the amount of unloading, or the amount of transshipment or filing a false report, or transshipping without obtaining a permit for transshipment;

10. Refusing, avoiding, or obstructing the performance of duties, such as an investigation, search of ships, and communications, by an observer, an inspector of the Port State, or an inspector on board who performs activities according to the legal procedures, or concealing or damaging the relevant data;

11. Forging, falsifying, or concealing indications and marks, and registered matters concerning the name, etc. of a ship;

12. Failing to install a fishing vessel monitoring system or manipulating, modifying, or intentionally not operating the installed fishing vessel monitoring system;

13. Violating measures taken according to the legal procedures as a result of a Port State control inspection;

14. Violating the provisions concerning the prohibition of retention or discarding for each type of fishery among the preservation and management measures of an international fisheries organization;

15. Failing to comply with an order issued by the Government where the suspicion of illegal, unreported, and unregulated fishing is found;

16. Conducting fisheries operations in excess of a catch quota set by an international fisheries organization;

17. Failing to report the fact of obtaining a license, permit, or authorization from a coastal state in violation of paragraph (7), or violating the matters to be observed prescribed in paragraphs (1) through (4) and failing to report such violation;

18. Other cases of violating the conservation and management measures established by an international fisheries organization.

(3) The Minister of Oceans and Fisheries shall take measures necessary to improve working conditions for non-Korean crew on board a Korean-flagged vessel and to prevent the infringement on their human rights and shall ensure that an operator of a distant water fisheries business, etc. complies with such measures. <Newly Inserted on Jul. 30, 2013; Jan. 6, 2015>

(4) Rules with which an operator of distant water fisheries business, etc. shall comply may be prescribed by Ordinance of the Ministry of Oceans and Fisheries for the implementation of international agreements, the sustainable use of fishery resources, etc., in addition to the rules prescribed in paragraphs (1) through (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

(5) If deemed necessary for conservation and management measures of international fisheries organizations, the Minister of Oceans and Fisheries may require an operator of a distant water fisheries business, etc. to cooperate in an inspection conducted on board a vessel and to take charge of necessary measures in accordance with the procedure prescribed by international fisheries organizations. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

(6) If an operator of a distant water fisheries business, etc. violates any rule prescribed in paragraphs (1) through (4), the Minister of Oceans and Fisheries may suspend support for the company engaged in distant water fisheries under Article 25 or subsidies or loans under Article 26 or may deprive the operator of his or her eligibility for such support, subsidies, or loans. <Newly Inserted on Jul. 30, 2013; Jan. 6, 2015>

(7) An operator of a distant water fisheries business, etc. shall, where having obtained a license, permit, or authorization abroad from a coastal state or having violated any rule under paragraphs (1) through (4), report the fact, causes, etc. to the Minister of Oceans and Fisheries. <Newly Inserted on Jan. 6, 2015>

(8) Every investigation as to whether violations exist against any rules in paragraphs (1) through (4) to be observed by an operator of a distant water fisheries business, etc. and every disposition against violations shall be proceeded with as rapidly as possible. <Newly Inserted on Jan. 6, 2015>

(9) The Minister of Oceans and Fisheries shall immediately take the following measures against an operator of a distant water fisheries business, etc. whose violation or suspicious violation of a rule under paragraph (2) has been detected: <Newly Inserted on Jan. 6, 2015>

1. Immediate suspension of activities for fisheries operations;

2. Entry into a designated port;

3. Prohibition of discharge and transshipment of the catch of fish.

(10) Matters necessary for measures to be taken under paragraph (5), reporting procedures under paragraph (7), and other related matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

[Title Amended on Jan. 6, 2015]

Article 14(Port State Control Inspections) #

(1) When a ship laden with overseas catches intends to enter a domestic port, it shall submit an entry report to the Minister of Oceans and Fisheries, along with documents indicating the names and quantity of catches, such as certificates of catches, at least 48 hours before the scheduled entry to the port, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015; Feb. 18, 2020>

(2) Where there is sufficient evidence that a ship which has submitted a report pursuant to paragraph (1), conducted or assisted illegal, unreported, or unregulated fisheries, the Minister of Oceans and Fisheries may prohibit the entry into the port of the ship. <Newly Inserted on Jan. 6, 2015>

(3) In any of the following cases, the Minister of Oceans and Fisheries may instruct public officials in charge of port state inspections prescribed by Ordinance of the Ministry of Oceans and Fisheries, to board a ship that reported its entry to a port pursuant to paragraph (1), and conduct an inspection on catches, logbooks, documents, or other things suspected of being involved in illegal, unreported, or unregulated fishing or make inquiries of people involved: <Newly Inserted on Jul. 30, 2013; Jan. 6, 2015; Feb. 18, 2020>

1. If the ship is laden with fish species managed by international fisheries organizations;

2. If the ship is listed by international fisheries organizations or a foreign government as a vessel involved in illegal, unreported, or unregulated fishing;

3. If the Minister of Oceans and Fisheries is notified by international fisheries organizations or a foreign government that the ship is suspected of having been involved in illegal, unreported, or unregulated fishing and is requested to inspect the ship;

4. Where the ship has the nationality of any state designated by a foreign government as a state of illegal, unreported, or unregulated fisheries;

5. Where the ship is laden with any fish specifies provided for in an agreement on the prevention of illegal, unreported, or unregulated fisheries concluded with a foreign government;

6. If the Minister of Oceans and Fisheries has evidence to suspect that the ship has been involved in illegal, unreported, or unregulated fishing or finds it necessary to conduct a special inspection.

(4) If it is found, as a result of a Port State control inspection conducted under paragraph (3), that a ship was involved in illegal, unreported, or unregulated fishing, the Minister of Oceans and Fisheries may prevent the entry, departure, and use of ports or may place restrictions on the unloading, transshipment, packing, processing of catches, the supply of fuel and goods, the utilization of port services such as maintenance and repair, and so forth. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

(5) Each public official who boards and inspects a ship under paragraph (3) shall carry a certificate of identification indicating his or her authority and produce it to relevant people. <Amended on Jul. 30, 2013; Jan. 6, 2015>

(6) Matters necessary for the prevention of any port entry and departure under paragraphs (2) and (4) and the inspections and inquiries under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015>

Article 14(Port State Control Inspections) #

(1) When a ship laden with overseas catches intends to enter a domestic port, it shall submit an entry report to the Minister of Oceans and Fisheries, along with documents indicating the names and quantity of catches, such as certificates of catches, at least 24 hours before the scheduled entry to the port, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Jan. 6, 2015; Feb. 18, 2020; Oct. 24, 2023>

1. If the ship is laden with fish species managed by international fisheries organizations;

2. If the ship is listed by international fisheries organizations or a foreign government as a vessel involved in illegal, unreported, or unregulated fishing;

4. Where the ship has the nationality of any state designated by a foreign government as a state of illegal, unreported, or unregulated fisheries;

5. Where the ship is laden with any fish specifies provided for in an agreement on the prevention of illegal, unreported, or unregulated fisheries concluded with a foreign government;

[Enforcement Date: Mar. 25, 2024] Article 14

Article 18(Promotion of, and Assistance to, International Fisheries Cooperation Projects) #

(1) The Minister of Oceans and Fisheries shall formulate policies to establish a system for international cooperation in fisheries, secure marine resources in international waters for enterprises engaged in the distant water fisheries industry, and promote international cooperation in fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred in implementing the following international fisheries cooperation projects within budgetary limits, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

1. Negotiations with an international fisheries organization, a foreign government, or a foreign fisheries-related institution or organization in relation to the distant water fisheries industry and the conclusion of agreements thereon;

2. International exchange of information, technology, and human resources in relation to the distant water fisheries industry;

3. International standardization of technology, joint surveys and research, and technological cooperation in relation to the distant water fisheries industry;

4. Hosting international academic conferences and international exhibitions in relation to the distant water fisheries industry;

5. Market research and analysis of overseas fishery products and systematic dissemination of information collected in relation to the distant water fisheries industry;

6. Nurturing and education of foreign seafarers and ship officers;

7. Other matters deemed necessary for international cooperation in the distant water fisheries industry.

(3) The Minister of Oceans and Fisheries may provide administrative and financial assistance necessary to facilitate activities of institutions and organizations related to international fisheries for international cooperation in fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

Article 26(Subsidies and Loans) #

(1) Where necessary to facilitate the development of related companies, the Government may subsidize the following expenses, as prescribed by Presidential Decree:

1. Expenses incurred in conducting surveys for the implementation of projects;

2. Expenses incurred in complying with international standards and in safety management;

3. Expenses incurred in relation to international cooperation and technological exchange with foreign countries as necessary for the implementation of projects;

4. Other expenses prescribed by Presidential Decree, incurred in implementing projects.

(2) The Government may wholly or partially subsidize or lend the necessary fund or provide support for securing a building site, where an operator, etc. of a distant water fisheries business performs any of the following business: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015>

1. Purchase of a fishing vessel (including carriers) or fishing gear necessary for a project, or the installation and operation of a facility;

2. Funds for leasing or purchasing the land necessary for a project;

3. Informatization, standardization of, or collaboration in projects;

4. Development and application of high technologies;

5. Advertising of fishery products produced by a project for facilitating the sale of such products and entry into overseas markets;

6. Surveys on resources in international fishing grounds and projects for the development of overseas fish farms;

7. Other business activities specified by Ordinance of the Ministry of Oceans and Fisheries as necessary for the efficient management of the distant water fisheries industry.

(3) If deemed necessary for the improvement of management structure of a distant water fisheries business, the Government may scrap or reduce fishing vessels, or subsidize expenses incurred in doing so. <Newly Inserted on Jan. 6, 2015>

(4) Matters regarding the standards for, and terms and conditions of subsidization and lending of the funds under paragraphs (1) and (2), and the standards for, and terms and conditions of scrapping and reductions under paragraph (3), shall be prescribed by Presidential Decree. <Amended on Jul. 30, 2013; Jan. 6, 2015>

Article 28-2(Preparation of Safety Management Guidelines) #

(1) A distant water fisheries operator shall prepare guidelines for safety management of deep-sea fishing vessels (hereinafter referred to as "safety management guidelines") to ensure safe fisheries operations, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall submit the guidelines to the Minister of Oceans and Fisheries and keep them in ships.

(2) Upon receipt of safety management guidelines pursuant to paragraph (1), the Minister of Oceans and Fisheries may require a distant water fisheries operator to supplement the guidelines, stating the grounds therefor, if necessary to ensure the safety of deep-sea fishing vessels.

(3) Upon receipt of a request to supplement safety management guidelines from the Minister of Oceans and Fisheries pursuant to paragraph (2), a distant water fisheries operator shall include the details thereof in the safety management guidelines.

(4) The Minister of Oceans and Fisheries may regularly or occasionally check whether a distant water fisheries operator complies with the safety management guidelines.

(5) A distant water fisheries operator may entrust a safety management agency under Article 53 of the Sea Traffic Safety Act with the affairs, such as preparation and submission of the safety management guidelines under paragraph (1). In such cases, the distant water fisheries operator shall notify the Minister of Oceans and Fisheries of such fact within 10 days. <Amended on Jul. 25, 2023>

(6) Matters necessary for the procedures for submission of the safety management guidelines and the checking thereof under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

(7) Matters to be included in the safety management guidelines, such as matters to be observed by distant water fisheries operators, etc. for the safe operation of a distant water fishing vessel, shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Nov. 26, 2019]

Article 31-2(Imposition of Penalty Surcharges) #

(1) The Minister of Oceans and Fisheries may impose a penalty surcharge on any of the following persons within the limit not exceeding the amount calculated by multiplying the value of fishery products on the basis of the average wholesale price for three years (hereinafter referred to as "value of fishery products") by 5, and may impose a penalty surcharge on a person who commits a violation at least twice within five years within the limit not exceeding the amount calculated by multiplying the value of fishery products by 8. In such cases, the lowest amount of a penalty surcharge shall be 200 million won: Provided, That a penalty surcharge may be imposed within the limit not exceeding 500 million won (800 million won in cases of a person who has committed a violation at least twice within five years), where no profit has been gained from the violation or it is difficult to calculate the amount of profit:

1. A person who engages in distant water fisheries without obtaining a permit or permit for modification under Article 6 (1);

2. A person who engages in distant water fisheries after obtaining a permit or permit for modification under Article 6 (1) by fraud or other improper means;

3. A person who violates Article 13 (2) 1 through 13 (including a person who violates Article 13 (2) 1 through 13, among the nationals of the Republic of Korea who shall comply with the matters to be observed under Article 13 (2) pursuant to Article 12-2 (1)).

(2) The Minister of Oceans and Fisheries may impose a penalty surcharge on any of the following persons within the limit not exceeding the amount calculated by multiplying the value of fishery products by 3, and may impose a penalty surcharge on a person who commits a violation at least twice within five years within the limit not exceeding the amount calculated by multiplying the value of fishery products by 5. In such cases, the lowest amount of a penalty surcharge shall be 100 million won: Provided, That a penalty surcharge may be imposed within the limit not exceeding 300 million won (500 million won in cases of a person who has committed a violation at least twice within five years), where no profit has been gained from the violation or it is difficult to calculate the amount of profit:

1. A person who violates Article 13 (2) 14 and 15 (including a person who violates Article 13 (2) 14 and 15, among the nationals of the Republic of Korea who shall comply with the matters to be observed under Article 13 (2) pursuant to Article 12-2 (1));

2. A person who fails to report on or falsely reports on the amount of catches, and the amount of unloading, or the amount of transshipment under Article 16 (1), among persons who have obtained approval for exploratory fishing;

3. A person who fails to obtain a permit for transshipment under Article 16 (2) or obtains such permit in a false manner, among persons who have obtained approval for exploratory fishing.

(3) The Minister of Oceans and Fisheries may impose a penalty surcharge on a person who violates Article 13 (2) 16 through 18 (including a person who violates Article 13 (2) 16 through 18, among the nationals of the Republic of Korea who shall comply with the matters to be observed under Article 13 (2) pursuant to Article 12-2 (1)) within the limit not exceeding the amount calculated by multiplying the value of fishery products by 1.5. In such cases, the lowest amount of a penalty surcharge shall be 20 million won: Provided, That a penalty surcharge may be imposed within the limit not exceeding 100 million won, where no profit has been gained from the violation or it is difficult to calculate the amount of profit.

(4) Where the Minister of Oceans and Fisheries imposes a penalty surcharge pursuant to paragraph (1), he or she may impose the penalty surcharge in consideration of the degree of the punishment, if a person has been punished for the relevant violation pursuant to this Act or in the relevant country. <Amended on Aug. 17, 2021>

(5) Where a person liable to pay a penalty surcharge pursuant to paragraphs (1) through (3) fails to pay it by the payment deadline, the Minister of Oceans and Fisheries shall collect it in the same manner as delinquent national taxes are collected.

(6) The Minister of Oceans and Fisheries shall use an amount equivalent to the amount collected as penalty surcharges pursuant to paragraphs (1) through (3) for the safety management of deep-sea fishing vessels and projects for the development of the distant water fisheries industry and shall formulate and implement an annual plan for the operation of penalty surcharges for the following year.

(7) The amount of a penalty surcharge based on the type, degree, etc. of a violation subject to the imposition of the penalty surcharge under paragraphs (1) through (3), the procedures for imposition thereof, the methods of calculating profit gained from the violation, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Nov. 26, 2019]

Article 33(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not less than five years, or by a fine not exceeding five times the value of fishery products or a fine of at least 500 million won but not exceeding one billion won, whichever is greater: Provided, That a person who has committed violations at least twice within five years shall be punished by imprisonment with labor for not less than five years, or by a fine not exceeding eight times the value of fishery products or a fine not exceeding 1.6 billion won, whichever is greater: <Amended on Jan. 6, 2015; Nov. 26, 2019>

1. A person who has performed distant water fisheries without obtaining a permit or a permit for modification under Article 6 (1) or who has obtained a permit or permit for modification by fraud or other improper means;

2. A person who has violated Article 13 (2) 1 through 4, among the nationals of the Republic of Korea who shall comply with the matters to be observed under Article 13 (2) pursuant to Article 12-2 (1) (excluding where a person has received punishment for the violation corresponding to that under this Act in the relevant state);

3. A person who violates any of subparagraphs 1 through 4 of Article 13 (2);

4. Deleted; <Nov. 26, 2019>

5. Deleted. <Nov. 26, 2019>

(2) Any of the following persons shall be punished by imprisonment for not exceeding two years, or by a fine not exceeding 20 million won: <Amended on Jul. 30, 2013; Jan. 6, 2015>

1. A person fails to report on port entry under Article 14 (1);

2. A person who has engaged in any distant water fisheries without making an initial report or report of modification under Article 6 (7) or has conducted a business related to distant water fisheries without making an initial report or report of modification under Article 23 (1);

3. A person who has conducted a business other than the reported purpose after having made an initial report or report of modification under Article 6 (7), or has conducted a business other than the reported purpose after having made an initial report or report of modification under Article 23 (1);

4. A person who has made a false initial report or false report of modification under Article 6 (7), or has made a false initial report or false report of modification under Article 23 (1).

(3) Any of the following persons shall be punished by imprisonment for not exceeding one year, or by a fine not exceeding 10 million won: <Amended on Jul. 30, 2013; Jan. 6, 2015; Nov. 26, 2019>

1. Deleted; <Nov. 26, 2019>

2. A person who fails to comply with a request to provide materials and information under Article 13-2 without any justifiable reason;

3. A person who departs from a port or conducts fisheries operations without submitting safety management guidelines in violation of Article 28-2 (1) (including cases where a request for supplementation under paragraph (3) of the same Article is not reflected) or who refuses, obstructs, or evades an inspection under paragraph (4) of the same Article;

4. A person who departs from a port without complying with an order for departure suspension issued by the Minister of Oceans and Fisheries or a maritime safety supervisor under Article 28-4 (2) or (3);

5. A person who refuses, obstructs, or evades access, inspections, etc. of a maritime safety supervisor under Article 28-4 (4).

(4) In cases falling under any of paragraphs (1) through (3), imprisonment with labor and a fine may be imposed concurrently. <Amended on Jul. 30, 2013; Jan. 6, 2015>

(5) In cases falling under any of paragraphs (1) through (3), a fine shall be the amount corresponding to the gravity of the relevant violation so as to effectively deprive the relevant party of economic gains attributable to such violation and suppress illegal, unreported, or unregulated fisheries, and shall, if two or more violations have been discovered at the same time, be calculated by aggregating the amounts corresponding to the respective violations: Provided, That the degree of such punishment shall not infringe upon the legitimate rights of a person engaged in distant water fisheries to perform the business. <Newly Inserted on Jan. 6, 2015>

DISTANT WATER FISHERIES DEVELOPMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 2(Definitions) #

Article 3(Relationship to Other Statutes) #

Article 4(Formulation of Comprehensive Plans for Distant Water Fishing Industry) #

Article 5 #

Article 6(Permit for and Reporting on Distant Water Fisheries) #

Article 6-2(Suspension of Permits for Distant Water Fisheries) #

Article 6-3(Succession to Status of Persons Obtaining Permit for Distant Water Fisheries) #

Article 7(Restrictions on Permits for Distant Water Fisheries) #

Article 8(Grounds for Disqualification) #

Article 9(Term of Validity of Permit for Distant Water Fisheries) #

Article 9(Term of Validity of Permit for Distant Water Fisheries) #

Article 10(Reporting on Business Closure of Distant Water Fisheries) #

Article 11(Cancellation of Permit for Distant Water Fisheries) #

Article 12(Reporting on Temporary Business Closure) #

Article 12-2(Control and Management of Nationals) #

Article 13(Rules for Distant Water Fisheries Operators to Observe) #

Article 13-2(Requests for Submission of Materials) #

Article 14(Port State Control Inspections) #

Article 14(Port State Control Inspections) #

Article 15(Installation of Fishing Vessel Monitoring System) #

Article 15-2(Special Management of Ships Belonging to High-Risk Group) #

Article 15-3(Allocation of Catch Quota) #

Article 16(Reporting on Results of Fishing Operations) #

Article 16-2(Fact-Finding Surveys) #

Article 17(Exploratory, Research, and Training Fishing) #

Article 17-2(Authority of Judicial Police) #

Article 18(Promotion of, and Assistance to, International Fisheries Cooperation Projects) #

Article 19(Establishment of Comprehensive Information System on Distant Water Fisheries Industry) #

Article 19-2(Establishment of Fisheries Operation Monitoring System) #

Article 20(Facilitation of Dissemination of New Technologies and Techniques concerning Distant Water Fisheries Industry) #

Article 21(Facilitation of Surveys and Research of Marine Resources in International Waters) #

Article 22(Implementation of Honorary Marine and Fisheries Officer Program) #

Article 23(Reporting on Business Plans Related to Distant Water Fisheries) #

Article 24(Joint Reporting) #

Article 25(Assistance to Companies related to Distant Water Fisheries) #

Article 26(Subsidies and Loans) #

Article 26-2(Repatriation of Graves of Seafarers who Died Abroad while Engaged in Distant Water Fisheries) #

Article 26-3(Fund Raising to Improve Safety of Deep-Sea Fishing Vessels) #

Article 27(Special Exception to Taxation) #

Article 28(Establishment of Korea Overseas Fisheries Association) #

Article 28-2(Preparation of Safety Management Guidelines) #

Article 28-3(Persons in Charge of Safety Management) #

Article 28-4(Maritime Safety Supervisors) #

Article 29 #

Article 30(Delegation and Entrustment Authority) #

Article 31 #

Article 31-2(Imposition of Penalty Surcharges) #

Article 32(Hearings) #

Article 33(Penalty Provisions) #

Article 34(Joint Penalty Provisions) #

Article 35(Confiscation) #

Article 36(Administrative Fines) #

Article 36(Administrative Fines) #