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ACT ON SECURING, MANAGEMENT, USE, ETC. OF MARINE AND FISHERIES BIO-RESOURCES

Wholly Amended by Act No. 14513, Dec. 27, 2016

Amended by Act No. 14744, Mar. 21, 2017

Act No. 14605, Mar. 21, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the efficient and sustainable use of marine fishery bio-resources; to strengthen sovereignty over marine fishery bio-resources; to ensure competitiveness of marine fishery biotechnology; and to contribute to the development of the national economy, by prescribing matters necessary to secure, manage, and use marine fishery bio-resources comprehensively and systematically.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14605, Mar. 21, 2017>
1. The term "marine fishery bio-resource" means any of the following resources, among resources with a real or potential value for research on biotechnology or industries:
(a) Real marine living creatures, such as marine fauna and flora and marine microorganisms, and information on the useful information, etc. identified by using such real creatures;
(b) Marine genetic resources;
(c) Real living creatures, such as fishery resources defined in Article 2 (1) 1 of the Fishery Resources Management Act and microorganisms related to fishery resources, and details of the useful information, etc. identified by using such real creatures;
2. The term "marine fishery genetic bio-resources" means genetic materials with a real or potential value, such as marine fauna and flora, marine microorganisms, and other source materials, which contain functional units of heredity;
3. The term "genetic materials" means flora, fauna, microorganisms, and other source materials, which contain functional units of heredity;
4. The term "traditional knowledge on marine fisheries" means knowledge, information, technology, practice, etc., based on which individuals or regional communities have maintained traditional lifestyles related to marine fishery bio-resources;
5. The term "jurisdictional waters" means any of the following:
(a) Territorial sea or internal waters defined in Article 1 or 3 of the Territorial Sea and Contiguous Zone Act;
(c) Inland waters defined in subparagraph 1 of Article 2 of the Inland Water Fisheries Act;
6. The term "in-situ conservation" means conserving marine fishery bio-resources at their natural habitats. In cases of breeds and cultigens, the term means they are preserved in the environment where their unique characteristics have been developed;
7. The term "ex-situ conservation" means conserving marine fishery bio-resource outside of their natural habitats;
8. The term "scientific research on marine fishery bio-resources" means activities for research or exploration of marine fishery bio-resources that inhabit the seabed, subsoil, or superjacent waters pursuant to subparagraph 1 of Article 2 of the Marine Scientific Research Act. In such cases, biological exploration approaching marine fishery bio-resources for commercial use shall be excluded herefrom;
9. The term "foreigner" means any of the following persons:
(a) A foreign national;
(b) A corporation incorporated under the laws of a foreign country;
(c) A foreign government;
10. The term "citizen of the Republic of Korea" means a natural person with the Republic of Korea nationality or a corporation established under the law of the Republic of Korea;
11. The term "research and development of overseas marine fishery bio-resources" means research and development of marine fishery bio-resources secured outside of the jurisdictional waters of the Republic of Korea, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;
12. The term "marine fishery biotechnology" means science and technology for research and utilization of biological systems, living genomes, or materials derived therefrom with the objective of making industrially useful products or improving a production process by using marine fishery bio-resources.
 Article 3 (Basic Ideology for Securing, Managing, and Using Marine Fishery Bio-Resources)
Marine fishery bio-resources shall be secured, managed, and used in compliance with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity, and with the following basic concepts:
1. Marine fishery bio-resources shall be secured, managed, and used in a sustainable manner for present and future generations;
2. Marine fishery bio-resources shall be managed comprehensively to ensure that the ecological and economic value of marine fishery bio-resources can be maintained harmoniously;
3. Opportunities to fairly and equally share benefits arising from commercial use of marine fishery bio-resources shall be increased.
 Article 4 (Responsibilities of State, etc.)
The State and local governments shall take the following measures to ensure that diverse marine fishery bio-resources are secured, managed efficiently, and used sustainably:
1. Establishing and executing measures required for securing, managing, and using marine fishery bio-resources;
2. Providing assistance necessary to encourage research and development of marine fishery bio-resources and promote marine fishery technology;
3. Measures necessary for preventing destruction, and sustainable use, of marine fishery bio-resources;
4. Measures necessary for conserving and sustainably use traditional knowledge of marine fisheries.
 Article 5 (Preparation of Basic Measures)
In order to achieve the purpose of this Act efficiently, the Minister of Oceans and Fisheries shall prepare the following measures to promote the securing, management, and use of marine fishery bio-resources:
1. Establishing an integrated information system for marine fishery bio-resources under Article 27 and maintaining statistics on marine fishery bio-resources;
2. Creating a system for securing, managing, and using marine fishery bio-resources;
3. Training professional human resources for marine fishery bio-resources and establishing a support system for basic research.
 Article 6 (Relationship with other Acts)
Except as especially provided for in any other Act, the securing, management, and use of marine fishery bio-resources shall be governed by the provisions of this Act.
CHAPTER II MASTER PLANS FOR MANAGING MARINE FISHERY BIO-RESOURCES, ETC.
 Article 7 (Survey on Marine Fishery Bio-Resources)
(1) The Minister of Oceans and Fisheries shall conduct a basic nationwide survey on the status and habitats of marine fishery bio-resources every five years.
(2) If the Minister of Oceans and Fisheries deems it particularly necessary to ascertain the status, etc. of marine fishery bio-resources, he/she may conduct a closer survey in addition to the basic survey under paragraph (1).
(3) Matters regarding details of and methods for conducting the surveys under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 8 (Formulation, Implementation, etc. of Master Plans)
(1) Every five years, the Minister of Oceans and Fisheries shall formulate and implement a master plan for securing, managing and using marine fishery bio-resources (hereinafter referred to as "master plan"), with respect to matters regarding securing, managing, and using marine fishery bio-resources.
(2) Each master plan shall include the following:
1. Status of securing, protecting, managing, and using marine fishery bio-resources;
2. Prospects of marine fishery bio-resources;
3. Direction of measures for marine fishery bio-resources;
4. Surveying, researching, listing, and developing marine fishery bio-resources;
5. Establishing and operating infrastructure for marine fishery bio-resources;
6. Evaluating and registering marine fishery bio-resources;
7. Development of and international cooperation on marine fishery bio-resource-related technologies;
8. Investing in research, development, and securing of overseas marine fishery bio-resources;
9. Training professional human resources for fields related to marine fishery bio-resources;
10. Establishing a distribution system for information on marine fishery bio-resources;
11. Other matters prescribed by Presidential Decree as necessary for securing, managing, and using marine fishery bio-resources.
(3) When the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall pre-consult with the heads of other related central administrative agencies thereon; and if necessary, may request the heads of related central administrative agencies to submit data. In such cases, the head of a related central administrative agency shall comply with such request, except in extenuating circumstances.
(4) The Minister of Oceans and Fisheries shall finalize a master plan upon deliberation by the Marine Fishery Development Committee under Article 7 of the Framework Act on Marine Fishery Development.
(5) The Minister of Oceans and Fisheries shall publicly notify the master plan finalized pursuant to paragraph (4), and shall notify the heads of related central administrative agencies thereof; and the heads of related central administrative agencies shall take measures necessary for implementing the master plan so notified.
(6) Each year, the Minister of Oceans and Fisheries shall formulate and execute an implementation plan in accordance with the relevant master plan.
(7) The Minister of Oceans and Fisheries may amend a master plan, where deemed necessary or where the head of a related central administrative agency so requests. In such cases, the provisions of paragraphs (1) through (6) shall apply mutatis mutandis to the amendment of a master plan: Provided, That only paragraph (5) shall apply mutatis mutandis where a minor matter is amended in a master plan as prescribed by Presidential Decree.
 Article 9 (Surveying, Listing, etc.)
(1) In order to systematically conserve and manage marine fishery bio-resources, the Minister of Oceans and Fisheries shall survey the current status of marine fishery bio-resources in in-situ or ex-situ conservation and sample such marine fishery bio-resources.
(2) The Minister of Oceans and Fisheries shall cooperate with foreign countries, international organizations, etc. that possess either of the following marine fishery bio-resources; and shall endeavor to secure such marine fishery bio-resources:
1. Species endemic to the Republic of Korea but removed from Korea and other similar marine fishery bio-resources;
2. Marine fishery bio-resources necessary for developing varieties, and research, etc. on marine fishery biotechnology.
(3) The Minister of Oceans and Fisheries shall prepare a list of marine fishery bio-resources surveyed and sampled pursuant to paragraph (1) and those secured pursuant to paragraph (2).
(4) The Minister of Oceans and Fisheries shall require the head of an agency responsible for marine fishery bio-resources under Article 17 (1) to register marine fishery bio-resources worth conserving on the list of marine fishery bio-resources prepared pursuant to paragraph (3) in the records of conservation and management of marine fishery bio-resources.
(5) Matters regarding surveying and sampling marine fishery bio-resources under paragraphs (1) through (4) and preparing, and registering in, the records of conservation and management of marine fishery bio-resources shall be prescribed by Presidential Decree.
 Article 10 (Analysis, Evaluation, etc.)
(1) In order to encourage the utilization of marine fishery bio-resources, the Minister of Oceans and Fisheries shall analyze and evaluate genetic traits, etc. of marine fishery bio-resources and shall classify them, based upon their worthiness of conservation, such as domestic endemic species, needs for developing varieties and bio-technological research, imported useful species, and intellectual property rights.
(2) The Minister of Oceans and Fisheries shall disclose the outcomes of the analysis and evaluation under paragraph (1) to the public, as provided for in the Official Information Disclosure Act.
(3) Matters necessary for the analysis, evaluation, and grading under paragraph (1) shall be prescribed by Presidential Decree.
 Article 11 (Acquisition of Marine Fishery Bio-Resources by Foreigners, etc.)
(1) If a foreigner or an international organization (hereinafter referred to as "foreigner") intends to acquire marine fishery bio-resources for research, development, production, or commercial use of marine fishery bio-resources in the jurisdictional waters of the Republic of Korea, the foreigner shall obtain prior permission therefor from the Minister of Oceans and Fisheries: Provided, That the foregoing shall not apply where a foreigner has obtained permission or approval from the Minister of Oceans and Fisheries (hereinafter referred to as "permission or approval") pursuant to any other Act or a treaty entered into with the Government of the Republic of Korea regarding marine fishery living creatures (including where a foreigner is deemed to have obtained such permission or approval).
(2) A foreigner who intends to obtain permission pursuant to the main sentence of paragraph (1), he/she shall submit a survey plan, including the matters prescribed by Presidential Decree, to the Minister of Land, Transport and Maritime Affairs by not later than six months before the anticipated date he/she will acquire marine fishery bio-resources, while a foreigner who has obtained permission or approval pursuant to the proviso to the aforesaid paragraph shall submit such plan to the Minister of Oceans and Fisheries by not later than one month before the anticipated date he/she will acquire marine fishery bio-resources.
(3) When granting permission under paragraph (1), the Minister of Oceans and Fisheries shall issue a written permit prescribed by Presidential Decree to the relevant foreigner.
(4) When a foreigner has obtained permission pursuant to paragraph (1), he/she shall affix an identifiable indication of the permission on the permitted ship and shall keep the permit issued under paragraph (3) on board.
(5) Matters regarding the procedure for granting permission, issuing written permits, subject matter of permission, the method of indicating permission, the submission of a survey plan, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
 Article 12 (Permission or Approval to Foreigners for Joint Acquisition)
(1) If a foreigner intends to acquire marine fishery bio-resources within jurisdictional waters of the Republic of Korea jointly with a citizen or State agency of the Republic of Korea (hereinafter referred to as "Korean citizen") pursuant to Article 11 (1) by means of delegation, entrustment, or agreement, the foreigner or the Korean citizen who participates in the joint acquisition shall obtain permission pursuant to the aforesaid provisions: Provided, That the foregoing shall not apply where permission or approval has been granted (including where it is deemed that permission or approval has been granted).
(2) Article 11 (2) through (5) shall apply mutatis mutandis to permission for joint acquisition prescribed in paragraph (1).
 Article 13 (Rights, Obligations, etc. of Foreigners)
(1) No foreigner shall claim a right to explore or develop a marine environment or natural resources in the jurisdictional waters of the Republic of Korea, based on scientific research materials on marine fishery bio-resources acquired pursuant to Article 11 or 12.
(2) If the Minister of Oceans and Fisheries or the head of a related administrative agency suspects that a foreigner acquires marine fishery bio-resources without permission under Article 11 or 12 (1) (including cases where a foreigner has failed to obtain permission or approval; hereinafter the same shall apply), he/she may stop, search, and arrest the ship or issue other orders or take other measures (hereafter in this paragraph, referred to as "stop a ship or take other measures"). In such cases, when the head of a related administrative agency stops a ship or takes other measures, he/she shall immediately notify the Minister of Oceans and Fisheries thereof.
(3) A foreigner to whom permission is granted under Article 11 or 12 (1) shall fulfill the following obligations:
1. Submitting a report on outcomes, data from the survey, and materials, such as specimens and genetic material that can be divided without diminishing the scientific value of such material, regarding the acquired marine fishery bio-resources, as prescribed by Presidential Decree;
2. Providing records of analysis of survey findings and data;
3. Assisting in analysis of survey findings and data;
4. Removing facilities or equipment installed or used when the research, development, production, or commercial use of marine fishery bio-resources referred to in Article 11 (1) or 12 (1) is completed or when permission is revoked or acquisition is suspended under Article 14.
(4) Where a foreigner fails to fulfill his/her obligations in violation of paragraph (3), the Minister of Oceans and Fisheries may demand the head of the State or international organization to which the foreigner belongs to fulfill such obligations.
(5) If a foreigner injures any person or damages any property of a Korean citizen in the course of acquiring marine fishery bio-resources pursuant to this Act in the jurisdictional waters of the Republic of Korea, such foreigner shall compensate the Korean citizen for such injury or damage in accordance with relevant treaties and the laws of the Republic of Korea.
(6) Standards regarding division without reduction of scientific value and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 14 (Revocation or Suspension of Permission)
(1) If a person to whom permission is granted under Article 11 (1) or 12 (1) falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke the permission for acquisition or shall request the competent authorities to revoke such permission.
1. If a person commits fraud or other misconduct in obtaining permission;
2. If a person is subject to suspension of acquisition on at least two occasions during a year;
3. If a person acquires marine fishery bio-resources during a period of suspension prescribed in paragraph (2).
(2) If a person to whom permission is granted under Article 11 (1) or 12 (1) falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may order the person to suspend acquisition for a period not exceeding one year:
1. If the head of a related central administrative agency requests the Minister of Land, Transport and Maritime Affairs to suspend the acquisition of marine fishery bio-resources on the ground of a military operation or security, maintenance of public order, or public welfare of the Republic of Korea;
2. If a person does an act specified in Article 7 (4) of the Marine Scientific Research Act;
3. If the diversity of marine fishery bio-resources is likely to be substantially undermined or reduced;
4. If a person fails to acquire marine fishery bio-resources in accordance with the survey plan submitted pursuant to Article 11 (2) (including cases to which the aforesaid provisions apply mutatis mutandis pursuant to 12 (2));
5. If a person fails to fulfill his/her obligations in violation of Article 13 (3);
6. If a person violates an order issued under this Act or any restriction or condition imposed under this Act.
 Article 15 (Conditional Permission)
The Minister of Oceans and Fisheries may attach conditions prescribed by Presidential Decree in granting permission under Article 11 or 12 (1).
 Article 16 (Measures for Preventing Damage to Marine Fishery Bio-Resources)
(1) If the diversity of marine fishery bio-resources is likely to be substantially undermined or reduced, the Minister of Oceans and Fisheries shall take necessary preventive control measures.
(2) If an incident seriously impacting the safe conservation of marine fishery bio-resources, such as a natural disaster, civil war, or war, has occurred or is likely to occur, the Minister of Oceans and Fisheries shall establish a system for cooperation involving State agencies, corporations, and natural persons that keep deposited marine fishery bio-resources and register and preserve such marine fishery bio-resources, including prior notification and response, and shall take other measures appropriate to minimize damage from such incident.
(3) The Minister of Oceans and Fisheries may entrust a specialized institution with a survey on the degree of an impact that the acquisition under Article 11 or 12 has on marine fishery bio-resources to ascertain how seriously such acquisition diminishes or undermines the diversity of marine fishery bio-resources and shall take appropriate measures according to the survey findings.
(4) Detailed methods for conducting the survey under paragraph (3), survey procedures, the entrustment thereof to a specialized institution, and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER III DESIGNATING, OPERATING, ETC. INSTITUTIONS RESPONSIBLE FOR MARINE FISHERY BIO-RESOURCES
 Article 17 (Designating, Operating, etc. Institutions Responsible for Marine Fishery Bio-Resources)
(1) The Minister of Oceans and Fisheries may designate and operate an institution prescribed by Presidential Decree as an institution responsible for marine fishery bio-resources (hereinafter referred to as "responsible institution") in order to authorize the responsible institution to perform duties regarding securing various marine fishery bio-resources and efficient management and use of marine fishery bio-resources, in a professional manner.
(2) The head of a responsible institution shall perform the following duties:
1. Securing, managing, and using marine fishery bio-resources;
2. Comprehensive surveys, listing, acceptance of deposits, registration, and evaluation of marine fishery bio-resources;
3. Management of a depository, registry and reserve under Article 18 (1);
4. Exchange of information with a depository, registry and reserve under Article 18 (1);
5. Establishing an integrated information system for marine fishery bio-resources under Article 27;
6. Management of and research on marine fishery bio-resources in the medium- and long-term;
7. Depositing and conserving marine fishery bio-resources produced as a result of research through national research and development projects;
8. Cooperation with domestic and overseas institutions relating to marine fishery bio-resources;
9. Other affairs prescribed by Presidential Decree as necessary to secure, manage, and use marine fishery bio-resources.
(3) The Government may fully or partially subsidize the operation of a responsible institution.
(4) The Minister of Oceans and Fisheries may publicly announce additional matters necessary for surveying and listing marine fishery bio-resources under paragraph (2), managing a depository, registry and reserve, and the establishment of an integrated information system, etc.
(5) Matters necessary for designating, operating, etc. a responsible institution shall be prescribed by Presidential Decree.
 Article 18 (Designation, Operation, etc. of Depository, Registry and Reserve)
(1) The Minister of Oceans and Fisheries may designate and manage a person who retains facilities and human resources prescribed by Presidential Decree as a depository, registry and reserve for marine fishery bio-resources (hereinafter referred to as "depository, registry and reserve") for the entrustment, management, etc. of marine fishery bio-resources. In such cases, the Minister of Oceans and Fisheries shall issue a certificate of designation to a depository, registry and reserve.
(2) The head of a depository, registry and reserve shall perform the following duties:
1. Acceptance of entrustment, registration, and evaluation of marine fishery bio-resources;
2. Sampling, conserving, and managing marine fishery bio-resources;
3. Establishing and operating a system for information on marine fishery bio-resources;
4. Other duties prescribed by Presidential Decree as necessary for securing, managing, using, etc. of marine fishery bio-resources.
(3) Criteria and procedures for the designation of a depository, registry and reserve, period of designation, and matters necessary for the alteration of designation, re-designation, operation, etc. of a depository, registry and reserve shall be prescribed by Presidential Decree.
 Article 19 (Revocation of Designation, etc.)
(1) If a depository, registry and reserve falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke its designation or order it to take measures for rectification: Provided, That if a depository, registry and reserve falls under subparagraph 1, its designation shall be revoked; while if a depository, registry and reserve falls under subparagraph 2 or 3 but if it fails to take measures for rectification without justifiable cause as ordered within 60 days from the date it is ordered by the Minister of Oceans and Fisheries to take measures for rectification:
1. If a depository, registry and reserve commits fraud or other wrongdoing in obtaining designation;
2. If a depository, registry and reserve fails to perform its duties specified in subparagraphs of Article 18 (2) without justifiable cause;
3. If a depository, registry and reserve fails to meet the criteria for designation prescribed pursuant to Article 18 (3);
4. If a depository, registry and reserve files an application to revoke designation.
(2) If designation of a depository, registry and reserve is revoked under paragraph (1), the person who operates the relevant depository, registry and reserve shall return the certificate of designation of the depository, registry and reserve issued under the latter part of Article 18 (1) to the Minister of Oceans and Fisheries within 15 days from the revocation of designation. In such cases, the Minister of Oceans and Fisheries may request the depository, registry and reserve to transfer marine fishery bio-resources.
(3) If the designation of a depository, registry and reserve is revoked under paragraph (1), it shall not be re-designated within two years since such revocation.
(4) Matters regarding the standards, procedure, etc. for the dispositions under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 20 (Approval for Allotment, etc.)
(1) A person who intends to acquire by allotment some of the marine fishery bio-resources secured and managed by a depository, registry and reserve or a responsible institution shall specify the use of such marine fishery bio-resources and obtain approval therefor from the Minister of Oceans and Fisheries: Provided, That marine fishery bio-resources sampled from a foreign country pursuant to a treaty entered into with the foreign country or an international agreement shall be allotted in accordance with the treaty with the foreign country or the international agreement.
(2) In any of the following cases, the Minister of Oceans and Fisheries may refuse to approve allotment pursuant to the main sentence of paragraph (1):
1. If the quantity of marine fishery bio-resources secured and managed falls short of the standards prescribed in paragraph (4);
2. If it is intended to use marine fishery bio-resources for any purpose other than testing or research: Provided, That this shall not apply to breeding;
3. If overseas allotment is prohibited by any other statutes;
4. If it is deemed that overseas allotment is likely to cause damage to the State.
(3) If a person who has obtained approval to allot marine fishery bio-resources pursuant to paragraph (1) intends to use the marine fishery bio-resources allotted for other than the approved purpose, he/she shall obtain approval to change the purpose of use from the Minister of Oceans and Fisheries.
(4) Matters necessary for the approval for allotment, the standards for the quantity in possession, and the guidelines, procedures, etc. to change the use under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 21 (Revocation of Approval for Allotment, etc.)
(1) If a person falls under either of the following circumstances, the Minister of Oceans and Fisheries may revoke approval granted under Article 20 (1) for allotment; and may require the person to return marine fishery bio-resources allotted as approved: Provided, That in a case falling under subparagraph 1, the Minister of Oceans and Fisheries shall revoke the approval and require the relevant person to return the marine fishery bio-resources, the allotment of which has been approved:
1. If a person commits fraud or other wrong-doing in obtaining approval for allotment;
2. If a person uses marine fishery bio-resources allotted for other than the approved use without obtaining approval to change the use pursuant to Article 20 (3).
(2) Matters regarding the procedures for revocation of approval for allotment under paragraph (1) and the procedures, etc. for returning marine fishery bio-resources shall be prescribed by Presidential Decree.
 Article 22 (Approval for Removal from Republic of Korea, etc.)
(1) A person who intends to remove from the Republic of Korea the marine fishery bio-resources included in the list of marine fishery bio-resources eligible for removal from Korea prepared by the Minister of Oceans and Fisheries shall specify the purpose of use and shall obtain approval therefor from the Minister of Oceans and Fisheries: Provided, That the foregoing shall not apply where allotment of marine fishery bio-resources has been approved under the main sentence of Article 20 (1).
(2) Notwithstanding the main sentence of paragraph (1), a person who intends to remove from Korea introduced species or other marine fishery bio-resources prescribed by Presidential Decree shall file a declaration thereof with the Minister of Oceans and Fisheries.
(3) When preparing a list of marine fishery bio-resources eligible for removal from Korea under the main sentence of paragraph (1), the Minister of Oceans and Fisheries shall publicly notify it after pre-consulting with the heads of related central administrative agencies.
(4) Matters regarding the guidelines and procedure for approval for removing marine fishery bio-resources from Korea under the main sentence of paragraph (1); and for filing a declaration of removing marine fishery bio-resources from Korea under paragraph (2); and for preparing the list of marine fishery bio-resources eligible for removal from Korea under paragraph (3), and other relevant matters shall be prescribed by Presidential Decree.
 Article 23 (Revocation of Approval for Removal from Republic of Korea)
(1) If a person falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may revoke approval to remove marine fishery bio-resources from Korea, under the main sentence of Article 22 (1); and may require the person to return the marine fishery bio-resources for which approval for removal from Korea has been granted: Provided, That in a case falling under subparagraph 1, he/she shall revoke the approval and require the relevant person to return the marine fishery bio-resources for which approval for removal from Korea has been granted:
1. If a person commits fraud or other wrongdoing in obtaining approval to remove marine fishery bio-resources from Korea;
2. If a person uses marine fishery bio-resources for any purpose other than the approved purpose of removing them from Korea.
(2) Matters regarding the procedures for revoking approval for removing marine fishery bio-resources from Korea and for returning marine fishery bio-resources under paragraph (1) shall be prescribed by Presidential Decree.
 Article 24 (Depositing, Registration, etc.)
(1) A person who manages and uses marine fishery bio-resources may deposit and register marine fishery bio-resources with a responsible institution or a depository, registry and reserve.
(2) When a person who has performed a national research and development project for marine fishery bio-resources completes the project, he/she shall deposit and register marine fishery bio-resources produced under the project, with a responsible institution, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where the head of a related central administrative agency approves on a ground prescribed by Presidential Decree.
(3) The Government may reflect the status of depositing and registration of marine fishery bio-resources pursuant to paragraph (2) in the evaluation, etc. of the relevant project.
(4) Matters subject to depositing and registration under paragraphs (1) and (2), the methods for conducting the same, and other necessary matters shall be prescribed by Presidential Decree.
 Article 25 (Sharing Benefits from Marine Fishery Bio-Resources)
(1) Benefits generated from the outcomes of the research and development of marine fishery bio-resources or the traditional knowledge of marine fisheries, the commercial use therof, etc. shall be shared fairly and impartially between the providers and users of the marine fishery bio-resources.
(2) In order to facilitate fair and impartial sharing of benefits generated from marine fishery bio-resources, the Government may implement necessary measures.
 Article 26 (Conserving and Managing Traditional Knowledge of Marine Fisheries)
(1) The Minister of Oceans and Fisheries shall implement the following measures to conserve and systematically manage traditional knowledge of marine fisheries:
1. Discovering, researching, and conserving traditional knowledge of marine fisheries;
2. Establishing a system for collecting and managing information on traditional knowledge on marine fisheries;
3. Establishing a foundation for utilization of information on traditional knowledge on marine fisheries;
4. Education and publicity campaigns on traditional knowledge of marine fisheries.
(2) In order to conserve and systematically manage outstanding traditional knowledge of marine fisheries, the Minister of Oceans and Fisheries may designate and manage outstanding traditional marine fishery villages.
(3) In order to implement measures prescribed in paragraphs (1) and (2), the Minister of Oceans and Fisheries may request related institutions to submit relevant data. In such cases, the heads of related institutions shall comply with such requests, except in extenuating circumstances.
(4) Matters necessary for the designation, revocation of designation, management, etc. of outstanding traditional marine fishery villages referred to in paragraph (2) shall be prescribed by Presidential Decree.
CHAPTER IV ESTABLISHING INFRASTRUCTURE FOR MARINE FISHERY BIO-RESOURCES
 Article 27 (Establishing and Operating Integrated Information System for Marine Fishery Bio-Resources)
(1) In order to establish and execute efficient policies on marine fishery bio-resources, the Minister of Oceans and Fisheries shall establish and operate an integrated information system for marine fishery bio-resources, based upon which information about marine fishery bio-resources can be standardized and information scattered across agencies and institutions can be managed systematically (hereinafter referred to as "integrated information system for marine fishery bio-resources”).
(2) The Minister of Oceans and Fisheries may request the head of a related central administrative agency to submit data necessary for establishing and operating the integrated information system for marine fishery bio-resources.
(3) A person who intends to execute a project related to marine fishery bio-resources (hereafter in this Article referred to as "person executing a project related to marine fishery bio-resources") using subsidies from the State or a local government (hereafter in this Article, referred to as "Government agency") shall submit a project plan to the competent Government agency in advance. In such cases, a person executing a project for marine fishery bio-resources shall collect and manage research and survey materials on marine fishery bio-resources and a database of marine fishery bio-resources, computerize such data to make the data suitable for the establishment and operation of an integrated information system for marine fishery bio-resources, provide such data to the competent Government agency within one year from the completion of research and surveys.
(4) Matters necessary for establishing and operating an integrated information system for marine fishery bio-resources under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 28 (Increase of Diversity of Marine Fishery Bio-Resources, Facilitation of Use Thereof, etc.)
(1) In order to increase the diversity of marine fishery bio-resources, the Minister of Oceans and Fisheries shall devise measures for surveying, sampling, listing, etc. marine fishery bio-resources.
(2) The Minister of Oceans and Fisheries shall devise necessary measures for marine fishery-related research institutes or fishery households to conduct research, raising, conservation and management of marine fishery bio-resources, such as providing support therefor.
 Article 29 (Nurturing, Support, etc, of Institutions, Organizations, etc. Engaged in Marine Fishery Bio-Resources)
(1) In order to promote the securing, management, and use of marine fishery bio-resources, the Government shall nurture and support the State or public research institutes, corporations, organizations etc. that perform duties relating to research on marine fishery bio-resources or the depositing, registration, conservation, use, etc. of marine fishery bio-resources.
(2) The Government shall endeavor to prepare financial resources for investment sustainably and stably as necessary to promote measures to secure, manage, and use marine fishery bio-resources.
 Article 30 (Training of Professional Human Resources)
In order to systematically train professional human resources necessary for efficiently securing, managing, and using marine fishery bio-resources, the Minister of Oceans and Fisheries shall make the following preparations:
1. Training professional human resources for the medium- and long-term for the fields related to marine fishery bio-resources;
2. Assisting in preparation and diffusion of educational programs for professional human resources and assistance.
 Article 31 (Assistance, etc. in Development of Technology for Marine Fishery Bio-Resources and Promotion of Use Thereof)
(1) In order to develop technology necessary for securing, managing, and using marine fishery bio-resources and promote research, development, and industrialization of marine fishery bio-resources, the Government shall prepare measures for the following:
1. Developing technology necessary for securing, managing, and using marine fishery bio-resources;
2. Promoting joint research among academic circles, research institutes, and enterprises for research and development of marine fishery biotechnology;
3. Assisting in research, development, and surveys of new technology related to marine fishery biotechnology;
4. Promoting industrial application of outcomes of research on marine fishery biotechnology;
5. Assisting in starting up new small and medium enterprises and venture businesses related to marine fishery biotechnology;
6. Implementing measures for publicity, education, etc. for the efficient use of marine fishery bio-resources;
7. Other measures prescribed by Presidential Decree as necessary for the development of marine fishery bio-resource-related technology and promoting the use of such technology.
(2) The Government may provide necessary assistance to academic circles, research institutes, enterprises, etc. that participate in a project related to measures taken pursuant to paragraph (1), as prescribed by Presidential Decree.
 Article 32 (Promoting, etc. Research on and Development of Overseas Marine Fishery Bio-Resources and International Cooperation)
(1) If necessary to promote research and development of overseas marine fishery bio-resources and international cooperation in such research and development, the Government shall prepare measures for the following:
1. Research and surveys for the development of overseas marine fishery bio-resources;
2. Establishing overseas bases for marine fishery bio-resources;
3. Developing technology for the development of overseas marine fishery bio-resources and training of professional human resources therefor;
4. International cooperation, such as information exchanges, joint surveys and research, and technological exchanging with foreign countries, international organizations, etc. in connection with the development of overseas marine fishery bio-resources;
5. Other affairs prescribed by Presidential Decree as necessary for promoting the development of overseas marine fishery bio-resources, promoting international cooperation, etc.
(2) The Government may provide necessary assistance in academic circles, to research institutes, enterprises, etc. that participate in projects related to measures under paragraph (1), as prescribed by Presidential Decree.
(3) If deemed necessary for efficiently promoting the development of overseas marine fishery bio-resources and international cooperation therein, the Government may authorize an agency prescribed by Presidential Decree to perform tasks to collect, analyze, and provide information about the development of overseas resources and may subsidize such tasks.
 Article 33 (Publishing, etc. Statistics and Publications)
(1) The Minister of Oceans and Fisheries shall publish and distribute statistics and publications annually, after consulting with the heads of related central administrative agencies and the Commissioner of the Korea National Statistical Office, so as to ensure that people understand the current status of marine fishery bio-resources, such as the kinds of marine fishery bio-resources and institutions in possession of marine fishery bio-resources.
(2) The Minister of Oceans and Fisheries may request the head of a related central administrative agency to submit data necessary for publishing statistics and publications pursuant to paragraph (1).
(3) Matters regarding contents of statistics and publications related to marine fishery bio-resources under paragraph (1), methods for submitting and preparing data, etc. shall be prescribed by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 34 (Duty of Confidentiality)
No person currently or formerly engaged in affairs related to the conservation, management, etc. of marine fishery bio-resources at a responsible institution or a depository, registry and reserve shall divulge or misappropriate any confidential information learned in the course of performing his/her duties.
 Article 35 (Legal Fiction as Public Officials in Application of Penalty Provisions)
A person who is engaged in duties related to the conservation, management, etc. of marine fishery bio-resources at a responsible institution or a depository, registry and reserve, but who is not a public official, shall be deemed a public official for the purposes of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act.
 Article 36 (Subsidization from National Treasury, etc.)
The State may fully or partially subsidize, within budgetary limits, any of the following projects executed by a local government or an organization related to marine fishery bio-resources for securing, managing, and using marine fishery bio-resources:
1. Analysis and evaluation pursuant to Article 10;
2. Establishing and operating an integrated information system for marine fishery bio-resources;
3. Training professional human resources pursuant to Article 30;
4. Promoting the development and use of technology related to marine fishery bio-resources pursuant to Article 31;
5. Promoting research on and development of overseas marine fishery bio-resources and international cooperation therein, pursuant to Article 32;
6. Projects entrusted pursuant to Article 39.
 Article 37 (Hearings)
When the Minister of Oceans and Fisheries intends to make any of the following dispositions, he/she shall hold a hearing, as provided for in the Administrative Procedures Act:
1. Revoking permission under Article 14;
2. Revoking designation under Article 19 (1);
3. Revoking approval for allotment under Article 21 (1);
4. Revoking approval for removing marine fishery bio-resources from Korea under Article 23 (1).
 Article 38 (Reporting, Inspection, etc.)
(1) The Minister of Oceans and Fisheries may order the head of a responsible institution or a depository, registry and reserve to submit a report or documents on its projects or affairs.
(2) The Minister of Oceans and Fisheries may authorize public officials under his/her control to inspect accounting books and documents of a responsible institution or a depository, registry and reserve or other matters necessary for operating its projects.
 Article 39 (Delegation or Entrustment of Authority)
(1) The Minister of Oceans and Fisheries may partially delegate or entrust his/her authority under this Act to the head of an agency under his/her control or the head of other administrative agency, responsible institution, or local government, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may partially delegate or entrust his/her authority under this Act to a corporation or organization related to marine fishery bio-resources, as prescribed by Presidential Decree.
CHAPTER VI PENALTY PROVISIONS, ETC.
 Article 40 (Penalty Provisions)
(1) Any person who acquires marine fishery bio-resources in the jurisdictional waters outside the exclusive economic zone of the Republic of Korea without permission, in violation of Article 11 (1) or 12 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 100 million won, and any marine fishery bio-resources so acquired shall be confiscated. If it is impracticable to confiscate such marine fishery bio-resources, the equivalent of the value of the marine fishery bio-resources shall be sampled.
(2) Any person who acquires marine fishery bio-resources in the exclusive economic zone within the jurisdictional waters of the Republic of Korea without permission in violation of Article 11 (1) or 12 (1) shall be punished by a fine not exceeding 100 million won, and any marine fishery bio-resources so acquired shall be confiscated. If it is impracticable to confiscate such marine fishery bio-resources, the equivalent of the value of the marine fishery bio-resources shall be sampled.
 Article 41 (Penalty Provisions)
Any person who removes marine fishery bio-resources from Korea without approval, in violation of Article 22 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won, and any marine fishery bio-resources so removed from Korea shall be confiscated. If it is impracticable to confiscate such marine fishery bio-resources, the equivalent of the value of the marine fishery bio-resources shall be sampled. <Amended by Act No. 14744, Mar. 21, 2017>
 Article 42 (Penalty Provisions)
Any person who divulges or misappropriates any confidential information acquired while performing his/her duties in violation of Article 34 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 14744, Mar. 21, 2017>
 Article 43 (Joint Penalty Provisions)
If the representative of a corporation or an agent, employee, or servant who works for a corporation or an individual violates Article 40 or 41 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where the corporation or individual has not neglected to take reasonable care and supervision of the business to prevent such violation.
 Article 44 (Administrative Fines)
(1) Any person who falls under either of the following subparagraphs shall be punished by an administrative fine not exceeding five million won:
1. A person who fails to submit a report on outcomes, survey data, samples, or genetic materials, or who fails to remove facilities or equipment installed and used, in violation of Article 13 (3);
2. A person who allots marine fishery bio-resources, or who acquires marine fishery bio-resources allotted, without approval therefor from the Minister of Oceans and Fisheries, in violation of Article 20 (1).
(2) Any person who fails to place an identifiable indication or fails to keep a written permit, in violation of Article 11 (4) (including a person to whom the aforesaid provisions shall apply mutatatis mutandis pursuant to Article 12 (2)) shall be punished by an administrative fine not exceeding two million won.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition, procedure and other acts made, taken or done under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force shall be deemed made, taken or done under the relevant provisions of this Act, if provisions corresponding thereto exist in this Act.
Article 3 (Transitional Measures concerning Acquisition of Marine Fishery Bio-Resources by Foreigners, etc.)
If any permission for acquiring marine bio-resources, fishery bio-resources, etc. has been obtained from the Minister of Oceans and Fisheries under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force, such permission shall be deemed obtained from the Minister of Oceans and Fisheries under the amended provisions of Article 11 (1).
Article 4 (Transitional Measures concerning Permission or Approval to Foreigners for Joint Acquisition)
If any permission for the joint acquisition of marine bio-resources, fishery bio-resources, etc. has been obtained from the Minister of Oceans and Fisheries under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force, such permission shall be deemed obtained from the Minister of Oceans and Fisheries under the amended provisions of Article 12 (1).
Article 5 (Transitional Measures concerning Designation of Depository, Registry and Reserve)
Any depository, registry and reserve related to marine fishery bio-resources designated under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Aquisition, Management, and Utilization of Biological Research Resources as at the time this Act enters into force shall be deemed a depository, registry and reserve designated under the amended provisions of Article 18 (1).
Article 6 (Transitional Measures concerning Approval for Allotment and Restriction Thereon)
Where any marine bio-resources or fishery bio-resources have been acquired by allotment under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force, approval for allotment of marine fishery bio-resources shall be deemed obtained under the amended provisions of Article 20 (1).
Article 7 (Transitional Measures concerning Approval for Removing Marine Fishery Bio-Resources from Republic of Korea, etc.)
Where approval for removing any marine bio-resources or fishery bio-resources from Korea has been obtained under the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force, approval for removing marine fishery bio-resources from the Republic of Korea shall be deemed obtained under the amended provisions of Article 22 (1).
Article 8 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
The application of any penalty provisions or administrative fines against offenses committed before this Act enters into force shall be governed by the relevant provisions of the former Act on Securing, Management, Use, etc. of Marine Bio-Resources or the former Act on the Preservation, Management and Use of Agro-Fishery Bioresources.
Article 9 Omitted.
Article 10 (Relationship with other Statutes)
Where any other statute cites the former provisions of Act on Securing, Management, Use, etc. of Marine Bio-Resources or the Act on the Preservation, Management and Use of Agro-Fishery Bioresources as at the time this Act enters into force, it shall be deemed to cite the relevant provisions of this Act in lieu of the former provisions, if provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 2 (12) of the Addenda shall enter into force on June 28, 2017.
Article 2 Omitted.
ADDENDUM <Act No. 14744, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.