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ENFORCEMENT DECREE OF THE AQUACULTURE INDUSTRY DEVELOPMENT ACT — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE AQUACULTURE INDUSTRY DEVELOPMENT ACT

ENFORCEMENT DECREE OF THE AQUACULTURE INDUSTRY DEVELOPMENT ACT

대통령령일부개정시행 2025-07-29해양수산부,해양수산부 · 제35685호 · 공포 2025-07-29

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

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

Article 2(Aquaculture-related business) #

"Business prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Aquaculture Industry Development Act (hereinafter referred to as the "Act") means the following business:

1. Research and development business related to aquaculture business and seeds, feed, pharmaceuticals, and equipment for aquaculture;

2. Business of information production, dissemination, or consulting related to aquaculture business;

3. Other business determined and publicly notified by the Minister of Oceans and Fisheries that creates added value through goods related to aquaculture business.

Article 3(Offshore sea) #

"Waters prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the Act means waters with a depth of at least 35 meters, measured from the datum level under Article 8 (1) 2 of the Act on Marine Research and the Use of Marine Information. <Amended on Feb. 9, 2021>

CHAPTER II MASTER PLANS FOR DEVELOPMENT OF AQUACULTURE INDUS

Article 4(Formulation of master plans for development of aquaculture industry) #

(1) In order to formulate a master plan for the development of the aquaculture industry under Article 6 (1) of the Act (hereinafter referred to as "master plan"), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as the "heads of public institutions") to submit necessary materials.

Article 6(Details and methods of fact-finding survey) #

(1) A fact-finding survey on the domestic and overseas aquaculture industry under Article 8 (1) of the Act (hereafter in this Article referred to as "fact-finding survey on the aquaculture industry") shall include the following information:

1. The current status of aquaculture businesspersons and aquaculture workers;

2. The current status of fish farms, such as aquaculture species, farming methods by type of aquaculture business, and the area;

3. The current status of the production of aquaculture business, such as stocking quantity, production volume and value, and feed usage;

4. The current status of research and technology development regarding the aquaculture industry;

5. The current status of human resource development and overseas market expansion related to the aquaculture industry;

6. The current status of the examination and evaluation of licenses under Article 25 of the Act;

7. The current status of the promotion of the consumption of aquaculture products and the stimulation of their export;

8. The current status of aquaculture industry development, such as the creation of aquaculture complexes;

9.The current status of the securing of financial resources necessary for aquaculture industry development and the provision of support therefor;

10. Other matters for which the Minister of Oceans and Fisheries deems an investigation necessary in relation to the aquaculture industry.

(2) The Minister of Oceans and Fisheries shall conduct a fact-finding survey on the aquaculture industry by December 31 of the year preceding the year in which a master plan is formulated.

(3) A fact-finding survey on the management of fish farms under Article 8 (2) of the Act (hereafter in this Article referred to as "fact-finding survey on the management of fish farms") shall include the following:

1. Matters regarding areas or waters that may be developed into fish farms;

2. Matters regarding the actual status of the use and management of fish farms, such as the area of facilities, stocking quantity, production volume, feed input, and farming methods;

3. Other matters for which the Minister of Oceans and Fisheries deems an investigation necessary in relation to the aquaculture industry.

(4) An annual fact-finding survey on the management of fish farms shall be conducted for offshore aquaculture business specified in Article 10 (1) 6 of the Act (hereinafter referred to as "offshore aquaculture business") and aquaculture business specified in Article 10 (1) 1 through 5 and 7 of the Act, by the Minister of Oceans and Fisheries and a Mayor/Do Governor , respectively; and a survey plan shall be notified to the head of a relevant administrative agency no later than 10 days before the survey commences.

(5) The Minister of Oceans and Fisheries or a Mayor/Do Governor may request the head of a relevant administrative agency to perform the following for an efficient fact-finding survey on the management of fish farms, and such head in receipt of the request shall comply therewith unless there is a compelling reason not to do so:

1. Access to restricted areas under the jurisdiction;

2. Perusal or lending of materials related to the survey;

3. Provision of equipment, including vessels, and personnel that are necessary for the survey.

(6) A person who intends to enter another person's land, fish farm, etc. to conduct a fact-finding survey on the management of a fish farm pursuant to Article 8 (3) of the Act shall notify the relevant owner, occupant, or manager of such intention in advance.

(7) A Mayor/Do Governor shall submit the results of a fact-finding survey on the management of fish farms to the Minister of Oceans and Fisheries by January 31 of the year following the year in which the survey is conducted.

(8) Except as provided in paragraphs (1) through (7), matters necessary for fact-finding surveys shall be determined and publicly notified by the Minister of Oceans and Fisheries.

Article 6-2(Establishment of integrated management information system for fish farms) #

(1) The integrated management information system for fish farms under Article 8-2 (1) of the Act (hereafter in this Article referred to as "information system") shall include the following:

1. Matters regarding the results of fact-finding surveys under Article 8 (1) and (2) of the Act;

2. Matters regarding aquaculture business licenses under Article 10 (1) of the Act;

3. Matters regarding the items for examination and evaluation of aquaculture business licenses under Article 25 (2) of the Act;

4. Matters regarding permission for aquaculture business under Article 43 (1) of the Act;

5. Matters regarding the current status of fisheries disasters defined in subparagraph 3 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters and subsidization and support to cover expenses incurred in countermeasures against disasters under Article 4 (1) of that Act;

6. Other matters determined by the Minister of Oceans and Fisheries as necessary for the management of fish farms.

(2) If the Minister of Oceans and Fisheries establishes and operates the information system, the Minister may link it with the following information systems:

1. An information system for local informatization projects operated by the Minister of the Interior and Safety pursuant to Article 65 of the Electronic Government Act;

2. The safety information system for agricultural and fishery products under Article 103 (2) of the Agricultural and Fishery Products Quality Control Act;

3. The information network on fishing ground environments under Article 6-2 (1) of the Fishing Ground Management Act;

4. The information and communications systems for disaster management under Article 74 (1) of the Framework Act on the Management of Disasters and Safety;

5. The marine spatial data system under Article 19 (1) of the Act on Marine Spatial Planning and Management;

6. The comprehensive information system under Article 20-5 (1) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

7. Other information systems determined by the Minister of Oceans and Fisheries that contain information necessary for the management of fish farms.

(3) A Mayor/Do Governor and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; and in the case of the Han River in Seoul Special Metropolitan City, the relevant authority refers to an agency in charge of the business affairs related to the management of the Han River, which apply only to aquaculture business, other than offshore aquaculture business) shall input and manage the matters specified in paragraph (1) 2 and 4 in the information system.

[This Article Added on Feb. 6, 2024]

Article 7(Formulation of plans for use and development of licensed fish farms) #

(1) The Minister of Oceans and Fisheries shall, by December 31 of the year preceding the year in which a plan for the use and development of licensed fish farms under Article 9 (1) of the Act (hereinafter referred to as "development plan") is formulated, prepare basic guidelines for the development plan under Article 9 (2) of the Act (hereinafter referred to as "basic guidelines") and shall notify such guidelines to Mayors/Do Governors; and the Mayors/Do Governors shall, by January 31 of the year in which the development plan is formulated, prepare detailed guidelines for the development plan under Article 9 (2) of the Act (hereinafter referred to as "detailed guidelines") and shall notify such guidelines to the heads of Sis/Guns/Gus (the heads of Gus refers to the heads of autonomous Gus; hereinafter the same shall apply).

(2) The head of a Si/Gun/Gu shall formulate a development plan for the period from July 1 of the relevant year to June 30 of the following year, in accordance with the detailed guidelines, by March 31 of each year and shall submit the plan to the competent Mayor/Do Governor.

(3) A Mayor/Do Governor shall examine whether a development plan under paragraph (2) conforms to the detailed guidelines under paragraph (1), notify the head of the relevant Si/Gun/Gu of the results by April 30 of each year, and submit them to the Minister of Oceans and Fisheries. In such cases, the head of the Si/Gun/Gu shall incorporate the notified examination results into the development plan.

(4) If the head of a Si/Gun/Gu intends to grant an aquaculture business license for the following waters when formulating a development plan pursuant to paragraph (2), the head shall incorporate such intention into the development plan:

1. The waters for which the validity period of an aquaculture business license expires under Article 17 of the Act, from July 1 of the relevant year to June 30 of the following year;

2. The waters for which an aquaculture business right holder defined in subparagraph 8 of Article 2 of the Act (hereinafter referred to as "aquaculture business right holder") intends to relinquish the aquaculture business right pursuant to Article 22 (5) of the Act.

(5) Upon receipt of a request for approval or consultation from the head of a Si/Gun/Gu under Article 9 (4) of the Act, the head of a relevant administrative agency shall, without delay, notify the head of the Si/Gun/Gu of the decision on whether to grant approval or the consultation opinion.

(6) A development plan may be modified pursuant to Article 9 (6) of the Act in the following cases: <Amended on Jan. 10, 2023>

1. Where there is an intention to develop waters suitable for aquaculture within a fishing ground licensed for community fishery business specified in Article 7 (1) 2 of the Fisheries Act, as a fish farm;

2. Where new waters are to be developed for a project implemented by the State or a local government;

3. Where it is particularly necessary for the resolution of fisheries disputes or for fisheries coordination.

(7) When formulating a development plan pursuant to paragraph (2), the head of a Si/Gun/Gu shall publicly announce the details in the public gazette of the relevant local government. The same shall also apply where a development plan is modified pursuant to Article 9 (6) of the Act.

(8) A Mayor/Do Governor shall formulate a development plan for offshore aquaculture business for the period from July 1 of the relevant year to June 30 of the following year, by March 31 of each year, and shall submit the plan to the Minister of Oceans and Fisheries.

(9) Paragraphs (4) through (7) shall apply mutatis mutandis to a development plan for offshore aquaculture business formulated by a Mayor/Do Governor. In such cases, "head of a Si/Gun/Gu" shall be construed as "Mayor/Do Governor".

Article 8(Application for licenses) #

(1) A person who intends to obtain an aquaculture business license pursuant to Article 10 (1) of the Act shall submit an application for the determination of priority in the form prescribed by Decree of the Ministry of Oceans and Fisheries within 30 days of the public announcement of a development plan, to a Mayor/Do Governor (applicable only to offshore aquaculture business) or to the head of a Si/Gun/Gu (applicable only to aquaculture business, other than offshore aquaculture business, and referring to an agency in charge of the business affairs related to the management of the Han River in the case of the Han River in Seoul Special Metropolitan City; hereinafter the same shall apply) that has jurisdiction over the relevant waters, along with the following documents: <Amended on Jan. 10, 2023>

1. Where the person intends to obtain a license for aquaculture business specified in Article 10 (1) 1 through 5 and 7 of the Act:

a. A copy of a document certifying the qualification or career experience of a fisheries technician under the subparagraphs of Article 10 of the Enforcement Decree of the Fisheries Act (applicable only to fisheries technicians);

b. A copy of an aquaculture business license or permit (applicable only to those who have obtained a license or permission for aquaculture business) as of the date of application;

c. A document evidencing that the person has been engaged in aquaculture business (applicable only to those who have been engaged in aquaculture business);

d. A copy of the certificate of a license of an aquaculture business right that the person intends to relinquish (applicable only to those who intend to relinquish an aquaculture business right pursuant to Article 22 (5) of the Act and obtain a new aquaculture business license);

e. A document evidencing foreign nationality or foreign corporate status, such as a copy of a passport (applicable only to foreigners or foreign corporations);

2. Where the person intends to obtain a license for aquaculture business specified in Article 10 (1) 6 of the Act:

a. The details and results of the implementation of experimental aquaculture business for offshore aquaculture under Article 53 of the Act (applicable only to persons specified in Article 15 (2) 2 of the Act);

b. A plan for relocating a fish farm in seawater other than offshore sea (applicable only to those specified in Article 15 (2) 3 and 4 of the Act);

c. Documents specified in subparagraph 1 b through e.

(2) Upon receipt of an application for the determination of priority under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "licensing authority") shall determine, by June 30 of each year, whether the applicant is eligible for a license for the relevant waters for which an aquaculture business license is to be granted, after deliberation by a City/Do fisheries mediation committee (hereinafter referred to as "City/Do committee") or a Si/Gun/Gu fisheries mediation committee (hereinafter referred to as "Si/Gun/Gu committee") under Article 95 of the Fisheries Act; provided, if there is a single applicant, the application need not undergo deliberation by a City/Do committee or Si/Gun/Gu committee. <Amended on Jan. 10, 2023>

(3) Upon determining the priority of a license pursuant to paragraph (2), a licensing authority shall, without delay, send a notice to the highest priority applicant, specifying the period for submitting required documents.

(4) If an applicant, upon receiving a notice under paragraph (3), submits an application for an aquaculture business license in the form prescribed by Decree of the Ministry of Oceans and Fisheries along with the following documents within the notified submission period, a licensing authority shall grant an aquaculture business license to the applicant without delay: <Amended on Jan. 10, 2023>

1. The location of the waters for which the license is to be obtained and a map showing the boundaries of the area;

2. In cases where the waters for which a license is sought overlap either with a fish farm or fishing ground of another aquaculture or village fishery business or with a protection zone under Article 28 of the Fisheries Act, the written consent of the right holder of such aquaculture or fishery business; provided, if a person who had been granted an aquaculture license reapplies for the same type of aquaculture license for the same waters after the previous license has lost its effect, and the address and residence of the current valid right holder of the aquaculture or fishery business are unknown, a written statement of the reason may be submitted in lieu of a written consent.

Article 9(Types of licensed aquaculture business) #

(1) The types of seaweed aquaculture business specified in Article 10 (1) 1 of the Act shall be as follows:

1. Suspended aquaculture business: Business of cultivating seaweed by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment;

2. Bottom culture business: Business of cultivating seaweed by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.

(2) The types of shellfish aquaculture business specified in Article 10 (1) 2 of the Act shall be as follows:

1. Cage culture business: Business of cultivating shellfish by installing cage facilities underwater using floats, nets, or similar equipment;

2. Suspended aquaculture business: Business of cultivating shellfish by installing facilities underwater using floats, ropes, net baskets, or similar equipment;

3. Bottom culture business: Business of cultivating shellfish by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.

(3) The types of pisciculture business specified in Article 10 (1) 3 of the Act (hereinafter referred to as "pisciculture business") shall be as follows:

1. Cage culture business: Business of cultivating aquatic animals by installing cage facilities underwater or in the surface layer using floats, nets, or similar equipment;

2. Embankment aquaculture business: Business of cultivating aquatic animals other than shellfish by constructing embankments on the water;

3. Suspended aquaculture business: Business of cultivating aquatic animals other than shellfish by installing facilities underwater using floats, ropes, net baskets, or similar equipment;

4. Bottom culture business: Business of cultivating aquatic animals other than shellfish by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.

(4) The types of combined aquaculture business specified in Article 10 (1) 4 of the Act (hereinafter referred to as "combined aquaculture business") shall be as follows:

1. Suspended aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as seaweed and shellfish, in a combined manner by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment;

2. Bottom culture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as seaweed and shellfish, in a combined manner by using the seabed or installing stone-throwing type facilities or similar structures on the seabed;

3. Integrated aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants in a combined manner by integrating the farming methods of cage culture business, suspended aquaculture business, and bottom culture business;

4. Embankment aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as fish and crustaceans, in a combined manner by constructing embankments on the water.

(5) "Certain water depth prescribed by Presidential Decree" in Article 10 (1) 5 of the Act means an average water depth of more than 5 meters but not exceeding 10 meters, measured at the annual lowest sea level (or more than 7 meters but not exceeding 15 meters, in the case of Gangwon Special Self-Governing Province, Gyeongsangbuk-do, and Jeju Special Self-Governing Province); provided, if the Minister of Oceans and Fisheries deems it necessary to apply a different water depth range in light of overall conditions related to aquaculture, it means an average water depth range corresponding to a 5-meter interval determined by the Minister, of more than 0 meters not exceeding 10 meters, measured at the annual lowest sea level (or an average water depth range corresponding an 8-meter interval determined by the Minister, of more than 0 meters but not exceeding 15 meters, in the case of Gangwon Special Self-Governing Province, Gyeongsangbuk-do, and Jeju Special Self-Governing Province). <Amended on Feb. 6, 2024; Jul. 29, 2025>

(6) If a licensing authority intends to grant a license for collaborative aquaculture business specified in Article 10 (1) 5 of the Act (hereinafter referred to as "collaborative aquaculture business"), the authority shall measure and demarcate the waters within the depth range of the fishing grounds under paragraph (5), taking into account fisheries coordination and regional conditions.

(7) The types of offshore aquaculture business shall be as follows: <Amended on Nov. 26, 2024>

1. Cage culture business: Business of cultivating fish by installing cage facilities underwater using floats, nets, or similar equipment;

2. Suspended aquaculture business: Business of cultivating seaweed by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment.

(8) The types of inland aquaculture business specified in Article 10 (1) 7 of the Act (hereinafter referred to as "inland aquaculture business") shall be as follows:

1. Extensive aquaculture business: Business of cultivating aquatic plants and animals by releasing them into dams, lakes, swamps, or reservoirs with a water surface area of up to 10 hectares;

2. Cage culture business: Business of cultivating aquatic animals, such as fish, by installing cage facilities underwater using floats, nets, or similar equipment;

3. Suspended aquaculture business: Business of cultivating aquatic plants and animals, such as seaweed or shellfish, by using poles, stakes, floats, ropes, or similar equipment underwater;

4. Bottom culture business: Business of cultivating aquatic plants and animals, such as seaweed or shellfish, by using the seabed;

5. Embankment aquaculture business: Business of cultivating aquatic animals and plants, such as fish, by constructing embankments on the water.

Article 11(Threshold for fish farm area constituting grounds for disqualification from obtaining licenses) #

(1) "Limit area prescribed by Presidential Decree" in subparagraph 2 of Article 12 of the Act means 60 hectares.

(2) Notwithstanding paragraph (1), a licensing authority may set a different, lowered threshold for fish farm area, either for any of the following persons for the purpose of expansion of aquaculture business and the comprehensive use of the waters, or for those who are not the following persons, in cases prescribed by Decree of the Ministry of Oceans and Fisheries for the purpose of the development of the aquaculture industry, in consultation with the Minister of Oceans and Fisheries: <Amended on Feb. 6, 2024>

1. A fisheries cooperative by district under Article 13 of the Fisheries Cooperatives Act (hereinafter referred to as "fisheries cooperative by district");

2. A fishing village association under Article 15 of the Fisheries Cooperatives Act (hereinafter referred to as "fishing village association");

3. A fisheries cooperative by type of business under Article 104 of the Fisheries Cooperatives Act (hereinafter referred to as "fisheries cooperative by type of business");

4. A fisheries partnership under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

5. A fisheries company under Article 19 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;

6. An inland fisheries association under Article 15 of the Inland Water Fisheries Act (limited to a license for inland aquaculture business).

(3) A licensing authority may set a different threshold for fish farm areas for those not falling under the categories specified in the subparagraphs of paragraph (2) by variety or by farming method within the scope of the fish farm area prescribed in paragraph (1).

(4) When calculating the fish farm area under subparagraph 2 of Article 12 of the Act, the area acquired or to be acquired by equity shall be included, while calculating the fish farm area for an individual aquaculture business right, the fish farm area of a fish farm shall be determined by aggregating the fish farm area acquired by the applicant's spouse and lineal descendants under the age of 20, the fish farm area already acquired by the applicant for a license, and the fish farm area for which a new license application is filed.

(5) If a licensing authority intends to determine matters specified in paragraphs (2) and (3), the authority shall refer those matters to a Si/Gun/Gu committee (referring to a City/Do committee in cases of offshore aquaculture business) for deliberation.

Article 21(Limitation or suspension of aquaculture business for proliferation and protection of fishery resources) #

(1) If it is deemed necessary to limit or suspend an aquaculture business license for any reason specified in the subparagraphs of Article 26 (1) 1 through 7 of the Act or to revoke such license for that reason, the head of a relevant administrative agency may notify a licensing authority having jurisdiction over the relevant waters of the following matters and that the authority take necessary measures:

1. The grounds for, and scope of, a request for the restriction on, or suspension or revocation of, the aquaculture business license;

2. The type of aquaculture business, the license number, and the name, address, and date of birth (in cases of a corporation, the corporate registration number) of the aquaculture business right holder (in cases of a corporation or organization, its name and the name of its representative);

3. The location of the waters necessary for the relevant measures and a map showing the boundaries of the area;

4. Compensation measures for the losses to aquaculture business caused by the relevant measures.

(2) The head of a relevant administrative agency may request a licensing authority for materials regarding the current status and other relevant information of aquaculture business rights necessary for the request under paragraph (1). In such cases, the licensing authority shall comply with such request unless there is a compelling reason not to do so.

(3) Upon receipt of a request under paragraph (1), a licensing authority shall determine the measures to be taken after deliberation by the relevant City/Do committee or Si/Gun/Gu committee and notify the head of the relevant administrative agency and the aquaculture business right holder of the details of such determination.

(4) Matters necessary for the criteria for determining measures to be taken under paragraph (3), procedures for implementation thereof, and other relevant details shall be prescribed by Decree of the Ministry of Oceans and Fisheries.

Article 24(Exceptions to prohibition on leasing aquaculture business rights) #

(1) "Persons ... prescribed by Presidential Decree" in Article 32 (1) 1 of the Act means any of the following persons: <Amended on Jan. 10, 2023; Feb. 6, 2024>

1. A person who is not a member of a fishing village association and engages in fishery activities by a piscary holder defined in subparagraph 8 of Article 2 of the Fisheries Act in the waters where a fish farm is located under an aquaculture business right acquired by either the relevant fishing village association or by a fisheries cooperative, whether by district or by type of business, whose business territory corresponds to the jurisdiction of the relevant fishing village association;

2. A person who is not a member of a fishing village association or inland fisheries association, has a domicile in a Si/Gun or an autonomous Gu to which the relevant fishing village association or inland fisheries association belongs, and is deemed appropriate to use the business of the association by a resolution adopted at its general meeting.

(2) "Head of a public institution or relevant organization prescribed by Presidential Decree" in Article 32 (1) 3 of the Act means the head of any of the following public institutions or organizations:

1. Korea Fisheries Resources Agency under Article 55-2 of the Fishery Resources Management Act (hereinafter referred to as "Korea Fisheries Resources Agency");

2. Korea Fisheries Infrastructure Public Agency established under Article 57 of the Fishing Villages and Fishery Harbors Act (hereinafter referred to as "Korea Fisheries Infrastructure Public Agency");

3. Korea Rural Community Corporation under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act;

4. Other organizations to which the Minister of Oceans and Fisheries deems it necessary to lease aquaculture business rights for the expansion of the aquaculture business and the designation of aquaculture industry complexes under Article 60 of the Act.

(3) Deleted. <Jun. 20, 2023>

(4) Deleted. <Jun. 20, 2023>

Article 24-2(Procedures and methods for lease of aquaculture business rights) #

(1) The head of a public institution referred to in Article 24 (2) 1 through 3 (hereafter in this Article referred to as "public institution leasing an aquaculture business right") shall consider the following, if the head intends to offer the sublease of the aquaculture business right (excluding cases where a license for inland aquaculture business specified in Article 10 (1) 7 of the Act has been granted; hereafter in this Article, the same shall apply) to an individual or organization pursuant to Article 32 (1) 4 of the Act:

1. To aim at expanding the entry of new personnel into fishing villages and promoting the revitalization of the aquaculture industry;

2. To lease the right preferentially to any of the following persons (limited to fishers or those seeking to become fishers):

a. A person returned to farming or fishing defined in subparagraph 3 of Article 2 of the Act on the Promotion of and Support for Return to Agricultural and Fishing Villages and Rural Communities and a person eligible for programs under the latter part of Article 7 (1) of that Act;

b. A next generation farmer or fisher and a young farmer or fisher under the Act on Fostering of and Support for Next Generation Farmers or Fishers and Young Farmers or Fishers.

(2) If the head of a public institution leasing an aquaculture business right intends to offer the sublease of such right pursuant to paragraph (1), the head shall publicly announce the following matters on the website of the institution:

1. Matters for which the licensing authority has granted a license pursuant to Article 10 of the Act;

2. Matters regarding the lease agreement, such as the lease charge and period;

3. Matters regarding the application procedures, such as application deadline and required documents;

4. Other matters determined by the Minister of Oceans and Fisheries.

(3) The expiration date of the lease agreement for an aquaculture business right under Article 32 (1) 3 and 4 of the Act shall not exceed the validity period of a license under Article 17 of the Act.

(4) Before concluding a lease agreement for an aquaculture business right under Article 32 (1) 3 and 4 of the Act, the head of a public institution leasing the aquaculture business right shall have a prior consultation with the Minister of Oceans and Fisheries on the purpose and details of the lease.

(5) When concluding a lease agreement for an aquaculture business right, any of the following persons shall notify such fact to the licensing authority of the relevant aquaculture business right without delay:

1. A person who intends to offer the lease of an aquaculture business right pursuant to Article 32 (1) 3 of the Act;

2. The head of a public institution leasing an aquaculture business right who intends to offer the sublease of an aquaculture business right pursuant to Article 32 (1) 4 of the Act.

(6) Upon receipt of notification under paragraph (5), the licensing authority shall reflect the details of the relevant lease agreement in the original register of aquaculture business rights in accordance with the Decree on Registration of Fisheries and Aquaculture Business.

[This Article Added on Jun. 20, 2023]

Article 53(Delegation and entrustment of authority) #

(1) The Minister of Oceans and Fisheries shall delegate his or her authority to examine and evaluate licenses under Article 25 of the Act to the president of the National Institute of Fisheries Science pursuant to Article 76 (1) of the Act.

(2) A Mayor/Do Governor shall delegate his or her authority to conduct fact-finding surveys on the management of fish farms under Article 8 (2) of the Act to the head of a Si/Gun/Gu pursuant to Article 76 (2) of the Act.

(3) The Minister of Oceans and Fisheries shall entrust the following business affairs to the presidents of the Korea Fisheries Resources Agency and the Korea Fisheries Infrastructure Public Agency pursuant to Article 76 (3) of the Act:

1. Fact-finding surveys on the aquaculture industry under article 8 (1) of the Act and fact-finding surveys on the management of fish farms under paragraph (2) of that Article;

2. Enforcement of the removal of aquaculture facilities or products under Article 56 (3) and (4) of the Act and implementation of remediation plans under paragraph (7) of that Article;

3. Measures taken against aquaculture businesspersons and aquaculture workers under Article 58 (2) of the Act;

4. Business affairs regarding the implementation of the matters specified in Article 62 (2) 2 through 4 of the Act.

(4) When entrusting business affairs pursuant to paragraph (3), the Minister of Oceans and Fisheries shall publicly notify the entrusted party and the details of the relevant affairs.

(5) The president of the National Institute of Fisheries Science, the head of a Si/Gun/Gu, or the president of the Korea Fisheries Resources Agency or the Korea Fisheries Infrastructure Public Agency, who has handled matters delegated or entrusted pursuant to paragraphs (1) through (3), shall report the results of such handling to the entrusting or delegating authority, specifically the Minister of Oceans and Fisheries or the competent Mayor/Do Governor by December 31 of each year.

Article 54(Management of personally identifiable information) #

An administrative authority (in cases of delegating of the relevant authority or entrustment of the relevant business affairs, including persons to whom such authority or duties are delegated or entrusted) may manage data containing resident registration numbers, passport numbers, or foreign registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following business affairs:

1. Business affairs regarding aquaculture business licenses under Article 10 of the Act;

2. Business affairs regarding the verification of grounds for disqualification of aquaculture business licenses under Article 12 of the Act;

3. Business affairs regarding joint applications for aquaculture business licenses under Article 16 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

4. Business affairs regarding the granting and extension of the validity period of aquaculture business licenses under Article 17 of the Act;

5. Business affairs regarding limited aquaculture business licenses under Article 18 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

6. Business affairs regarding aquaculture business licenses for foreigners or foreign corporations under Article 19 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

7. Business affairs regarding reporting on the temporary closure of business and the surrender of aquaculture business rights under Article 22 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

8. Business affairs regarding reporting on the modification of licensed matters under Article 24 of the Act;

9. Business affairs regarding the restriction on, or suspension of, aquaculture business licenses under Article 26 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

10. Business affairs regarding Revocation of aquaculture business licenses under Article 27 of the Act;

11. Business affairs regarding the transfer, division, or modification of aquaculture business rights under Article 30 of the Act;

12. Business affairs regarding the use of, and restriction on, and prohibition of, aquaculture service vessels under Article 41 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);

13. Business affairs regarding permission for aquaculture business under Article 43 of the Act;

14. Business affairs regarding the succession to the status of persons granted permission for aquaculture business under Article 50 of the Act;

15. Business affairs regarding the revocation of permission for aquaculture business under Article 51 of the Act;

16. Business affairs regarding support for aquaculture business start-up under Article 65 of the Act;

17. Business affairs regarding compensation under Article 67 of the Act;

18. Business affairs regarding awards under Article 70 of the Act;

19. Business affairs regarding access, inspection, and other relevant activities under Article 71 of the Act.

ENFORCEMENT DECREE OF THE AQUACULTURE INDUSTRY DEVELOPMENT ACT

Article 1(Purpose) #

Article 2(Aquaculture-related business) #

Article 3(Offshore sea) #

Article 4(Formulation of master plans for development of aquaculture industry) #

Article 5(Formulation of action plans for development of aquaculture industry) #

Article 6(Details and methods of fact-finding survey) #

Article 6-2(Establishment of integrated management information system for fish farms) #

Article 7(Formulation of plans for use and development of licensed fish farms) #

Article 8(Application for licenses) #

Article 9(Types of licensed aquaculture business) #

Article 10(Exceptions to license for fishing village associations) #

Article 11(Threshold for fish farm area constituting grounds for disqualification from obtaining licenses) #

Article 12(Enterprises subject to disqualification from obtaining licenses) #

Article 13(Prohibition of licensing) #

Article 14(Order of priority in granting licenses) #

Article 15(Joint application) #

Article 16(Grounds for reduction of license validity period) #

Article 17(Licenses for foreigners) #

Article 18(Postponement of commencement of aquaculture business) #

Article 19(Items subject to examination and evaluation of licenses) #

Article 20(Criteria for examination and evaluation of licenses) #

Article 21(Limitation or suspension of aquaculture business for proliferation and protection of fishery resources) #

Article 22(Restrictions on and suspension of licenses for military training) #

Article 23(Public announcement of dispositions regarding aquaculture business licenses) #

Article 24(Exceptions to prohibition on leasing aquaculture business rights) #

Article 24-2(Procedures and methods for lease of aquaculture business rights) #

Article 25(Public announcement for consent of co-owners) #

Article 26(Exercise of aquaculture business rights) #

Article 27(Restrictions or prohibitions on exercise of aquaculture business rights) #

Article 28(Designation of, and restrictions on, aquaculture service vessels) #

Article 29(Types of aquaculture business permission) #

Article 30(Consent to use of inland water) #

Article 31(Extension or reduction of validity period of permission) #

Article 32(Provisions to be applied mutatis mutandis) #

Article 33(Establishment of sanitation control standards) #

Article 34(Restrictions or prohibitions on handling of aquaculture products for sanitation control) #

Article 35(Restrictions on packaging and containers for aquaculture products) #

Article 36(Restrictions on qualifications of aquaculture businesspersons or workers) #

Article 37(Stocking density and maintenance of aquaculture facilities) #

Article 38(Restrictions or prohibitions necessary for implementation of fisheries agreements) #

Article 39(Designation of landing sites and trading sites) #

Article 40(Revocation of designation of landing sites and trading sites) #

Article 41(Restrictions or prohibitions on use of fish feed) #

Article 42(Designation of recreational fishing grounds) #

Article 43(Remediation plans for illegal aquaculture facilities) #

Article 44(Measures against aquaculture businesspersons) #

Article 45(Support for technology development related to aquaculture industry) #

Article 46(Formulation of policy measures to develop human resources specialized in aquaculture industry) #

Article 47(Support for organizations related to human resources specialized in aquaculture industry) #

Article 48(Projects eligible for subsidies and loans for promoting and developing aquaculture industry) #

Article 49(Compensation) #

Article 50(Methods and procedures for awards) #

Article 51(Procedures and methods for requesting submission of materials) #

Article 52(Method of service of documents by public notice) #

Article 53(Delegation and entrustment of authority) #

Article 54(Management of personally identifiable information) #

Article 55(Criteria for imposition of administrative fines) #