Article 6(Formulation of Implementation Plans for Buybacks of Fishing Vessels and Gear) #
(1) The Minister of Oceans and Fisheries and a Mayor/Do Governor shall formulate an implementation plan for buybacks of fishing vessels and gear (hereinafter referred to as "implementation plan for buybacks") according to the relevant master plan and endeavor to secure financial resources necessary for such plan. In such cases, the Minister of Oceans and Fisheries shall formulate an implementation plan for buybacks for the inshore fishery business; and a Mayor/Do Governor, for the coastal fishery business, fishery business within a demarcated zone, and set-net fishery business. <Amended on Mar. 23, 2013; Mar. 13, 2018; Dec. 3, 2019; Jan. 11, 2022>
(2) An implementation plan for buybacks shall include the following matters: <Amended on Mar. 23, 2013; Mar. 13, 2018>
1. Detailed objectives for executing the relevant master plan;
2. Types of fishery business that require buybacks of fishing vessels and gear, target quantities, and a promotion plan for buybacks;
3. A plan to designate fishery businesses subject to buybacks as well as a plan to select persons subject to buybacks of fishing vessels and gear;
4. The amount of finances required for buybacks of fishing vessels and gear as well as fundraising;
5. Analysis and evaluation of buybacks of fishing vessels and gear;
6. Any other matters the Minister of Oceans and Fisheries or a Mayor/Do Governor deems necessary for buybacks of fishing vessels and gear.
(3) A decision on the types of fishery business requiring buybacks of fishing vessels and gear provided in paragraph (2) 2 shall be made based on the outcomes of a fact-finding survey on fisheries; but any of the following fishery businesses shall be considered first: <Amended on Feb. 22, 2012; Mar. 13, 2018; Jan. 11, 2022>
1. Fishery business for which more permits have been granted than the quota of permits therefor under Articles 40 and 55 of the Fisheries Act;
2. Fishery business for which the number of vessels in operation is restricted pursuant to Article 20 of the Fishery Resources Management Act;
3. Fishery business deemed or expected to have significant impacts on protecting fishery resources, which needs to be restricted in order to protect other fishery businesses;
4. Fishery business for which the area of operation, catch quota, etc. are restricted according to an international agreement on fisheries concluded or joined by the Republic of Korea as a party thereto;
5. Fishery business the competitiveness or productivity of which has significantly weakened or declined or is likely to weaken or decline due to import liberalization, changes in the fishery environment, etc. (including changes in the fishery environment caused by an intergovernmental agreement on fisheries between North Korea and the People's Republic of China or by inter-private cooperation on fisheries).
(4) Where the Minister of Oceans and Fisheries and a Mayor/Do Governor intend to formulate an implementation plan for buybacks, they shall be subject to deliberation by the Central Fisheries Mediation Committee and the relevant City/Do fisheries mediation committee (hereinafter referred to as "relevant fisheries mediation committee"), respectively, established pursuant to Article 95 of the Fisheries Act, after hearing opinions of the Mayors/Do Governors and the heads of Sis/Guns/Gus, respectively. The same shall also apply to any modification of the implementation plan for buybacks. <Amended on Mar. 23, 2013; Jan. 11, 2022>
(5) Notwithstanding the latter part of paragraph (4), deliberation by the Central Fisheries Mediation Committee or the relevant fisheries mediation committee shall not be required if any change is made to insignificant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the period for recruiting persons subject to buybacks under an implementation plan for buybacks. <Amended on Mar. 23, 2013>
(6) Upon formulating or amending an implementation plan for buybacks, the Minister of Oceans and Fisheries or a Mayor/Do Governor shall notify the Mayors/Do Governors or the heads of Sis/Guns/Gus of the details thereof; and a Mayor/Do Governor shall report to the Minister of Oceans and Fisheries on the details thereof. <Amended on Mar. 23, 2013>
(7) The Minister of Oceans and Fisheries may request a Mayor/Do Governor to supplement an implementation plan for buybacks the Mayor/Do Governor has formulated; and the Mayor/Do Governor in receipt of such request shall formulate supplementary measures. <Amended on Mar. 23, 2013>
(8) The Minister of Oceans and Fisheries or a Mayor/Do Governor shall review an implementation plan for buybacks each year, taking account of changes in the fishing conditions, changes in particular fishery resources, the management status of fishery owners, etc.; and amend the plan if necessary. <Amended on Mar. 23, 2013>
[Title Amended on Mar. 13, 2018]