FISHING GROUND MANAGEMENT ACT
Wholly Amended by Act No. 8378, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9626, Apr. 22, 2009
Act No. 9627, Apr. 22, 2009
Act No. 10121, Mar. 17, 2010
Act No. 10219, Mar. 31, 2010
Act No. 11073, Nov. 14, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12088, Aug. 13, 2013
Act No. 14476, Dec. 27, 2016
Act No. 14739, Mar. 21, 2017
Act No. 16158, Dec. 31, 2018
Act No. 16568, Aug. 27, 2019
Act No. 17044, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe necessary matters concerning the efficient preservation, use, and management of fishing grounds, thereby contributing to preserving and improving the environments of fishing grounds and laying the foundation for sustainable fishery and aquaculture production, raising the productivity of fishing grounds and increasing the incomes of fishermen, aquaculture businessmen, and those engaged in aquaculture. <Amended on Aug. 27, 2019>
The terms used in this Act shall be defined as follows: <Amended on Apr. 22, 2009; Aug. 13, 2013; Aug. 27, 2019>
| 2. | The term "fisheries" means the business of catching or gathering aquatic animals and plants after obtaining a fishery license or fishery permit; |
| 3. | The term "simultaneous renewal of licenses and permits" means cancelling the former fishery license, fishery permit, or aquaculture license concerning the relevant fishing ground while granting a new fishery license, fishery permit, or aquaculture license to the person whose license or permit has been cancelled, in order to purify or improve fishing grounds by fishing control area under the jurisdiction of the administrative authority; |
| 4. | The term "leaving a fishing ground fallow" means getting any fishing ground, the productivity of which has deteriorated due to a severe environmental contamination and the frequent occurrences of diseases, to stop engaging in fisheries or aquaculture business for a specific period; |
| 5. | The term "purification and improvement of fishing grounds" means any of the following affairs or those similar thereto, which must be conducted to prevent fishing grounds from being damaged caused by environmental pollution, facilitate the efficient use of fishing grounds, and lay the foundation for sustainable fishery and aquaculture production: |
| (a) | Removal of sediment in fishing grounds or wastes discarded therein; |
| (b) | Replacing the bed of fishing grounds or newly covering the bed with soil or sand; |
| (c) | Relocating facilities installed in fishing grounds; |
| 6. | The term "business of purifying or improving fishing grounds" means purifying or improving fishing grounds; |
| 7. | The term "fishing ground environment" means the nature and ecology of fishing grounds which include organisms living in fishing grounds and the abiotic environment, such as the seawater surrounding fishing grounds and submarine topography, and the patterns of human behavior in fishing grounds. |
CHAPTER II APPROPRIATE USE OF FISHING GROUNDS
| Article 3 (Master Plans for Managing Fishing Grounds) |
| (1) | The Minister of Oceans and Fisheries shall formulate a master plan for managing fishing grounds (hereinafter referred to as "master plan") on a five-yearly basis to manage fishing grounds in a comprehensive and systematic manner. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | A master plan shall include the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Policy goals and basic direction-setting concerning fishing ground management; |
| 2. | Measures to preserve fishing ground environments and facilitate the efficient use thereof; |
| 3. | Basic direction-setting concerning the purification and improvement of fishing grounds; |
| 4. | Other matters deemed necessary by the Minister of Oceans and Fisheries for efficiently managing fishing grounds. |
| (3) | Where the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall first seek opinions from the relevant Metropolitan City Mayor, Do Governor, or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and submit it for deliberation by the Central Committee on the Adjustment of Fisheries under Article 88 of the Fisheries Act (hereinafter referred to as "Central Committee on the Adjustment of Fisheries"). The same procedure shall also be undertaken in relation to any proposed amendment to a master plan. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013> |
| (4) | Where the Minister of Oceans and Fisheries formulates or amends a master plan, he/she shall notify the competent Mayor/Do Governor thereof, and such Mayor/Do Governor shall notify the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) of the detailed guidelines for implementing the master plan prescribed by taking into account the master plan, local conditions, characteristics, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Where the Minister of Oceans and Fisheries formulates a master plan pursuant to paragraph (1), he/she may request the head of the relevant administrative agency to submit necessary data, and the head of the administrative agency so requested shall submit such data, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | When the Minister of Oceans and Fisheries formulates or amends a master plan, he/she shall, without delay, submit such master plan formulated or amended to the competent standing committee of the National Assembly and publicly notify it. <Newly Inserted on Dec. 31, 2018> |
| Article 4 (Implementation Plans for Managing Fishing Grounds) |
| (1) | The head of each Si/Gun/Gu (in cases of a Special Self-Governing Province, referring to the Governor of a Special Self-Governing Province; hereinafter the same shall apply) shall formulate an implementation plan for managing fishing grounds (hereinafter referred to as "implementation plan") for fishing grounds under his/her control, on a five-yearly basis, in accordance with the master plan under Article 3 and detailed guidelines for implementation thereof. <Amended on Aug. 13, 2013> |
| (2) | Any implementation plan shall include the following: |
| 1. | Matters concerning the simultaneous renewal of licenses and permits; |
| 2. | Matters concerning the appropriate use of fishing grounds, such as adjusting the size of fishing grounds; |
| 3. | Matters concerning fallow fishing grounds; |
| 4. | Matters concerning the purification and improvement of fishing grounds; |
| 5. | Other matters deemed necessary by a Mayor/Do Governor or the head of a Si/Gun/Gu for efficiently managing fishing grounds. |
| (3) | Where the head of a Si/Gun/Gu intends to formulate an implementation plan, he/she shall first consult with the competent Mayor/Do Governor and submit it for deliberation by the relevant Si/Gun/Gu Committee on the Adjustment of Fisheries under Article 88 of the Fisheries Act (in cases of a Special Self-Governing Province, referring to the relevant City/Do Committee on the Adjustment of Fisheries; hereinafter referred to as "Si/Gun/Gu Committee on the Adjustment of Fisheries"). The same procedure shall also be undertaken in relation to any proposed amendment to an implementation plan formulated. <Amended on Apr. 22, 2009; Aug. 13, 2013> |
| (4) | Where the head of a Si/Gun/Gu formulates or amends an implementation plan, he/she shall publicly notify such fact. |
| Article 5 (Designation, etc. of Fishing Control Area) |
| (1) | Where a fishing ground falls under any of the following cases as the result of inspecting a fishing ground environment under Article 6, the Minister of Oceans and Fisheries may designate the relevant fishing ground as a fishing control area: <Amended on Aug. 13, 2013> |
| 1. | Where it fails to meet the criteria for a fishing ground environment provided for in Article 11 (1); |
| 2. | Where any obstacle occurs, or is likely to occur, to the preservation of a fishing ground environment. |
| (2) | In designating a fishing control area under paragraph (1) (hereinafter referred to as "fishing control area"), the Minister of Oceans and Fisheries may designate it by including the waters surrounding the relevant fishing grounds, such as the waters between fishing grounds. <Amended on Aug. 13, 2013> |
| (3) | Where the Minister of Oceans and Fisheries intends to designate a fishing control area, he/she shall first consult with the competent Mayor/Do Governor and the head of the relevant Si/Gun/Gu and submit it for deliberation by the Central Committee on the Adjustment of Fisheries. The same procedure shall also be undertaken in relation to any proposed amendment to or cancellation of such fishing control area. <Amended on Aug. 13, 2013> |
| (4) | Where the Minister of Oceans and Fisheries designates, amends, or cancels a fishing control area, he/she shall publicly notify such fact. <Amended on Aug. 13, 2013> |
| (5) | Where all or part of a fishing control area designated under paragraph (1) falls under any of the following cases, the Minister of Oceans and Fisheries shall cancel or change the designation thereof without delay: <Newly Inserted on Aug. 13, 2013> |
| 1. | Where it becomes to meet the criteria for a fishing ground environment provided for in Article 11 (1); |
| 2. | Where the cause for designation as a fishing control area ceases to exist; |
| 3. | Where the purpose of designation as a fishing control area becomes unattainable. |
| (6) | Any sea area to be designated as a fishing control area shall be prescribed by Presidential Decree, and other necessary matters concerning methods and procedures for designating a fishing control area shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| Article 6 (Inspections of Fishing Ground Environment) |
| (1) | For efficiently utilizing and preserving fishing grounds and for measuring, inspecting, etc. the conditions of a fishing ground environment and sources of pollution, the Minister of Oceans and Fisheries shall establish and operate a network for inspecting fishing ground environments and regularly inspect a fishing ground environment, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Aug. 13, 2013> |
| (2) | Whenever necessary, the Minister of Oceans and Fisheries may inspect the environment of a fishing ground deemed necessary to urgently inspect the environment thereof due to serious environmental pollution, or upon a request from the head of a Si/Gun/Gu. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| (3) | Necessary matters concerning the details of, methods for, etc. inspecting fishing ground environments under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 6-2 (Information Network on Fishing Ground Environments) |
| (1) | The Minister of Oceans and Fisheries shall establish an information network on fishing ground environments and provide people with information on fishing ground environments, such as the results of an inspection performed under Article 6, as prescribed by Presidential Decree. |
| (2) | If necessary for establishing and operating an information network on fishing ground environments under paragraph (1), the Minister of Oceans and Fisheries may request the heads of the relevant administrative agencies to submit necessary data. In such cases, the heads of the relevant administrative agencies shall comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Aug. 13, 2013]
| Article 7 Deleted. <Aug. 13, 2013> |
| Article 8 (Simultaneous Renewal of Licenses and Permits) |
| (1) | If deemed necessary for efficiently managing fishing grounds, the head of a Si/Gun/Gu may implement the simultaneous renewal of licenses and permits for each fishing control area under his/her jurisdiction: Provided, That the head of a Si/Gun/Gu may need not implement the simultaneous renewal of licenses and permits for the fishing control area in which any person excluded from the priority list of fishery licenses or aquaculture licenses under Article 13 (7) of the Fisheries Act and Article 15 (1) through (3) of the Aquaculture Industry Development Act engages in fisheries after undergoing deliberation by the relevant Si/Gun/Gu Committee on the Adjustment of Fisheries. <Amended on Apr. 22, 2009; Aug. 13, 2013; Aug. 27, 2019> |
| (2) | Where the head of a Si/Gun/Gu intends to implement the simultaneous renewal of licenses and permits, he/she shall first gather consensus from holders of fishery licenses, fishery permits, or aquaculture licenses in the relevant fishing control area concerning the timing for the simultaneous renewal of licenses and permits, etc. and then submit it for deliberation by the relevant Si/Gun/Gu Committee on the Adjustment of Fisheries. <Amended on Aug. 13, 2013; Aug. 27, 2019> |
| (3) | Where a fishery license or fishery permit is cancelled pursuant to Article 35 of the Fisheries Act (including cases applicable mutatis mutandis in accordance with Article 49 of the aforementioned Act) or where an aquaculture license is cancelled under Article 27 of the Aquaculture Industry Development Act in a fishing ground within a fishing control area for which the simultaneous renewal of licenses and permits has been undertaken, no head of a Si/Gun/Gu shall grant any new fishery license, fishery permit, or aquaculture license in the waters of such fishing ground before the expiration of the term of validity (including the extended term of validity; hereinafter the same shall apply) of fishery licenses, fishery permits, or aquaculture licenses granted to other adjacent fishing grounds inside such fishing control area. <Amended on Apr. 22, 2009; Aug. 13, 2013; Aug. 27, 2019> |
| (4) | Where a fishery license is cancelled pursuant to Article 35 of the Fisheries Act or the term of validity of a fishery license expires or where an aquaculture license is cancelled under Article 27 of the Aquaculture Industry Development Act or the term of validity of an aquaculture license expires in a fishing ground within a fishing control area for which the simultaneous renewal of licenses and permits under the proviso of paragraph (1) has not been undertaken, no head of a Si/Gun/Gu shall grant any new fishery license or aquaculture license in the waters of such fishing ground before the expiration of the term of validity of fishery licenses or aquaculture licenses granted to other adjacent fishing grounds within such fishing control area. <Amended on Apr. 22, 2009; Aug. 13, 2013; Aug. 27, 2019> |
| (5) | Where the head of a Si/Gun/Gu grants a new fishery license, fishery permit, or aquaculture license or allows the extension of the term of validity of such fishery license or aquaculture license within a fishing control area for which the simultaneous renewal of licenses and permits has been undertaken, he/she shall grant fishery licenses, fishery permits, or aquaculture licenses or allow the extension of the term of validity of such fishery licenses or aquaculture licenses to correspond to the term of validity of fishery licenses, fishery permits, or aquaculture licenses of other adjacent fishing grounds inside such fishing control area. <Amended on Aug. 27, 2019> |
| (6) | Matters necessary for procedures, methods, etc. for the simultaneous renewal of licenses and permits under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Fallow Fishing Grounds) |
| (1) | The head of a Si/Gun/Gu may formulate a plan for leaving fishing grounds fallow (hereinafter referred to as "plan for leaving a fishing ground fallow") within a fishing control area in which fishery licenses or aquaculture licenses have been granted. <Amended on Aug. 13, 2013; Aug. 27, 2019> |
| (2) | Where the head of a Si/Gun/Gu intends to formulate a plan for leaving a fishing ground fallow, he/she shall first consult with any fishery license holder or aquaculture license holder within such fishing ground concerning the timing, period, method, etc. thereof. The same procedure shall also be undertaken in relation to any amendment to a plan for leaving a fishing ground fallow. <Amended on Aug. 27, 2019> |
| (3) | Where the head of a Si/Gun/Gu formulates or amends a plan for leaving a fishing ground fallow, he/she shall publicly notify such fact and allow perusal of people relevant thereto. |
| (4) | The head of a Si/Gun/Gu shall preferentially purify and improve a fishing ground during the period for leaving the fishing ground fallow in accordance with the plan for leaving the fishing ground fallow. |
| (5) | The head of a Si/Gun/Gu shall grant a new fishery license or aquaculture license within a fishing ground not left fallow during the term of validity of fishery license or aquaculture license, after leaving such fishing ground fallow for two years from the date on which the term of validity of such fishery or aquaculture license expires: Provided, That a new fishery license may be granted within fishing grounds prescribed by Presidential Decree, although such fishing grounds are not left fallow. <Amended on Aug. 27, 2019> |
| (6) | Matters necessary for the formulation and perusal of plans for leaving fishing grounds fallow and matters concerning fallow fishing grounds shall be prescribed by Presidential Decree. |
| Article 10 (Adjustments, etc. of Fishing Ground Size) |
| (1) | Where the head of a Si/Gun/Gu grants a new fishery license, fishery permit, or aquaculture license in the waters for which the term of validity of a fishery license, fishery permit, or aquaculture license expires, if deemed necessary to facilitate the efficient use of fishing grounds and preserve and improve the fishing ground environment in consideration of the outcomes of evaluation of the fishing ground environment under Article 11-2, he/she shall grant a fishery license, fishery permit, aquaculture license by adjusting the size and location of existing fishing grounds. <Amended on Aug. 13, 2013; Aug. 27, 2019> |
| (2) | No head of a Si/Gun/Gu shall grant any new fishery license, fishery permit, or aquaculture license in a fishing ground that has lost its self-purification capacity as a result of evaluation of the fishing ground environment under Article 11-2. <Amended on Aug. 13, 2013; Aug. 27, 2019> |
| Article 11 (Establishment, etc. of Criteria for Fishing Ground Environment) |
| (1) | Where deemed necessary to protect people's health, the Minister of Oceans and Fisheries may establish the criteria for the fishing ground environment concerning water quality, sediment, etc. which impose restrictions or prohibitions on catching, gathering, or farming marine flora and fauna, and publicly notify them. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The head of a Si/Gun/Gu may impose restrictions or prohibitions on catching or gathering any of the following marine flora and fauna in a fishing ground: |
| 1. | Marine flora and fauna inhabiting a place that fails to satisfy the criteria for the fishing ground environment under paragraph (1); |
| (3) | The head of a Si/Gun/Gu may impose restrictions or prohibitions on farming marine flora and fauna in any fishing ground that fails to satisfy the criteria for the fishing ground environment under paragraph (1). |
| (4) | Where the head of a Si/Gun/Gu intends to order restrictions or prohibitions under paragraphs (2) and (3), he/she shall first prescribe detailed provisions relating to such restrictions or prohibitions, such as the types of marine flora and fauna subject to such restrictions or prohibitions, timing, sea areas, etc., and publicly notify them. |
| Article 11-2 (Evaluation of Fishing Ground Environment) |
| (1) | For maintaining the safety of marine flora and fauna produced in a fishing ground and the productivity of a fishing ground, the head of a Si/Gun/Gu shall conduct an evaluation of the environment of each fishing ground (hereinafter referred to as "evaluation of the fishing ground environment") by not later than one year before the date on which the term of validity of the fishery license, fishery permit, or aquaculture license expires. <Amended on Aug. 27, 2019> |
| (2) | Matters necessary for the subject matter, methods, procedures, etc. of the evaluation of the fishing ground environment shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Aug. 13, 2013]
CHAPTER III PURIFICATION AND MAINTENANCE OF FISHING GROUNDS
| Article 12 (Duty to Manage Fishing Grounds) |
| (1) | A holder of a fishery license, fishery permit, or aquaculture license shall collect and dispose of sediment in fishing grounds or waste discarded therein (hereinafter referred to as "clearing of fishing grounds"), as prescribed by Presidential Decree, in order to preserve and improve the fishing ground environment: Provided, That the same shall not apply to waste, etc. generated by disasters under the Framework Act on the Management of Disasters and Safety. <Amended on Aug. 13, 2013; Aug. 27, 2019> |
| (2) | A fishing ground in which purification and maintenance works are performed shall be deemed cleared pursuant to the former part of paragraph (1). |
| (3) | A holder of a fishery license, fishery permit, or aquaculture license may outsource a clearing of fishing grounds to any business of purifying and improving fishing grounds registered under Article 17. <Amended on Aug. 27, 2019> |
| (4) | Matters necessary for the frequency, etc. of clearings of fishing grounds shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 13, 2013> |
| Article 13 (Fishermen's Duty to Manage Fishing Grounds) |
| (1) | No holder of a fishery license, fishery permit, or aquaculture license or person engaging in fisheries (hereafter in this Article referred to as "fisherman or aquaculture businessman") shall abandon or neglect fishing gear, such as fishing nets or ropes, aquaculture facilities, etc. in any fishing ground while performing fishing activities. <Amended on Aug. 27, 2019; Feb. 18, 2020> |
| (2) | Where a fisherman or aquaculture businessman intends to scrap fishing gear, such as fishing nets or ropes, aquaculture facilities, etc., he/she shall dispose of them in a place established or operated by the head of a Si/Gun/Gu or request other parties to dispose of them: Provided, That where fishing gear, such as fishing nets or ropes, aquaculture facilities, etc. fall under the category of industrial waste defined in subparagraph 3 of Article 2 of the Wastes Control Act, they shall be disposed of pursuant to Article 18 of the aforementioned Act. <Amended on Aug. 27, 2019> |
| (3) | Where a fisherman or aquaculture businessman uses a buoy to install fishing gear, such as fishing nets or ropes, aquaculture facilities, etc. in any fishing ground, he/she shall use commodities satisfying standards prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 27, 2019> |
| Article 14 (Implementation Plan for Purifying and Improving Fishing Grounds, etc.) |
| (1) | The Minister of Oceans and Fisheries shall annually formulate implementation guidelines concerning the purification and improvement of fishing grounds and notify Mayors/Do Governors thereof, the Mayors/Do Governors shall notify the heads of Sis/Guns/Gus of the detailed guidelines for the purification and improvement of fishing grounds prescribed by taking into account the implementation guidelines notified, local conditions, characteristics, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The head of a Si/Gun/Gu shall annually formulate an implementation plan for purifying and improving fishing grounds (hereinafter referred to as "implementation plan for purifying and improving fishing grounds") under his/her jurisdiction in accordance with the detailed guidelines for the purification and improvement of fishing grounds under paragraph (1). |
| (3) | Where the head of a Si/Gun/Gu intends to formulate an implementation plan for purifying and improving fishing grounds under paragraph (2), he/she shall first submit it for deliberation by the relevant Si/Gun/Gu Committee on the Adjustment of Fisheries. The same procedure shall also be undertaken in relation to any proposed amendment to an implementation plan for purifying and improving fishing grounds. <Amended on Aug. 13, 2013> |
| (4) | Where the head of a Si/Gun/Gu formulates or amends an implementation plan for purifying and improving fishing grounds, he/she shall publicly notify such fact. |
| (5) | Matter necessary for procedures for formulating an implementation plan for purifying and improving fishing grounds, the details thereof, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Purification and Maintenance of Fishing Grounds) |
The head of each Si/Gun/Gu shall purify and improve any fishing ground under his/her jurisdiction in accordance with an implementation plan for purifying and improving fishing grounds.
| Article 16 (Outsourcing of Purification and Improvement of Fishing Grounds) |
| (1) | Where deemed necessary for efficiently purifying and improving fishing grounds, the head of a Si/Gun/Gu may fully or partially outsource the purification and improvement of such fishing grounds to any business of purifying and maintaining fishing grounds registered under Article 17. |
| (2) | Where a registered business of purifying and improving fishing grounds intends to engage in business of purifying and improving fishing grounds outsourced under paragraph (1), he/she shall use ships registered under Article 17. |
| Article 17 (Registration, etc. of Business of Purifying and Improving Fishing Grounds) |
| (1) | A person who intends to purify and improve fishing grounds shall satisfy the criteria for registration prescribed by Presidential Decree, such as ships and technical human resources, capital, facilities, and equipment, and file for registration with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The same shall apply to revisions to registered matters. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where a person who files for registration or revised registration under paragraph (1) intends to suspend, re-open, or close the business of purifying and improving fishing grounds, he/she shall report thereon to the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 18 (Restrictions on Registration) |
None of the following persons (in cases of juristic persons, including their representatives) shall file for registration for the business of purifying and improving fishing grounds under Article 17: <Amended on Apr. 22, 2009; Aug. 13, 2013; Mar. 18, 2014; Dec. 31, 2018; Aug. 27, 2019> | 1. | A person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 5. | A person for whom one year has not passed from the date on which the registration of his/her business of purifying and improving fishing grounds is cancelled under Article 20 (excluding where such registration is cancelled as he/she falls under subparagraph 1 or 2 of this Article). |
| Article 19 (Succession to Business) |
| (1) | Where a person who has registered his/her business of purifying and improving fishing grounds transfers such business or deceases, or where a corporation is merged with another, such transferee, successor, or a corporation which survives the merger or is newly established after the merger shall succeed the status of the former registered business of purifying and maintaining fishing grounds. |
| (2) | A person who fully acquires facilities and equipment for the business of purifying and maintaining fishing grounds in accordance with any of the following procedures shall succeed the rights and duties incidental to the relevant registration: <Amended on Mar. 31, 2010; Dec. 27, 2016> |
| 4. | Other procedures corresponding to those falling under subparagraphs 1 through 3. |
| (3) | A person who succeeds the rights and duties upon registration of the business of purifying and maintaining fishing grounds under paragraphs (1) and (2) shall report thereon to the relevant Mayor/Do Governor within one month, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The provisions of Article 18 shall apply mutatis mutandis to succession under paragraphs (1) and (2). |
| Article 20 (Cancellation, etc. of Registration) |
| (1) | Where a registered business of purifying and maintaining fishing grounds falls under any of the following cases, the relevant Mayor/Do Governor may cancel such registration or issue an order to suspend business for a specified period of up to six months: Provided, That in cases falling under subparagraph 1 or 2, such registration shall be cancelled: <Amended on Apr. 22, 2009; Aug. 27, 2019> |
| 1. | Where registration or amended registration is filed by fraudulent or other wrongful means; |
| 2. | Where it falls under any subparagraph of Article 18; |
| 3. | Where it ceases to meet the registration standards under Article 17 (1); |
| (2) | The detailed criteria and procedures for administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the types, severity, etc. of violation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 21 (Application of Other Statutes with Necessary Modifications) |
The provisions of Articles 16 and 17 of the Fishery Resources Management Act shall apply mutatis mutandis to prevention of possession or transportation, prevention of disposal and processing, or prevention of sales of, and an order to discharge marine flora and fauna captured, gathered, or cultured, in violation of this Act or orders under this Act. <Amended on Apr. 22, 2009>
Where a Mayor/Do Governor intends to cancel the registration of the business of purifying and maintaining fishing grounds pursuant to Article 20, he/she shall hold a hearing.
| Article 23 (Access, etc. to Fishing Grounds) |
| (1) | Any public official who inspects or evaluates a fishing ground environment under Article 6 or 11-2 may engage in any of the following activities where necessary for such inspection or evaluation: <Amended on Aug. 13, 2013> |
| 1. | Access to a fishing ground subject to an inspection or evaluation; |
| 2. | Collect samples necessary for an inspection or evaluation in a minimum quantity; |
| 3. | Where deemed particularly necessary, use or remove facilities installed in a fishing ground. |
| (2) | A person who intends to enter a fishing ground under paragraph (1) shall notify each person engaging in fishing or aquaculture business in the relevant fishing ground or other managers in the fishing ground (hereinafter referred to as "manager of a fishing ground") of the date, time and place, by no later than five days prior to the intended date of entrance. <Amended on Aug. 27, 2019> |
| (3) | Where a public official who inspects or evaluates a fishing ground environment intends to engage in an activity falling under paragraph (1) 2 or 3, he/she shall obtain prior consent from the manager of the relevant fishing ground: Provided, That if the manager of the relevant fishing ground is unknown or any other inevitable ground exists, he/she need not obtain consent from the manager of the relevant fishing ground: <Amended on Aug. 13, 2013> |
| 1. | Deleted; <Aug. 13, 2013> |
| 2. | Deleted; <Aug. 13, 2013> |
| 3. | Deleted. <Aug. 13, 2013> |
| (4) | A public official who intends to engage in an activity under paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested parties, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Where a public official inspects or evaluates a fishing ground environment under paragraph (1), no manager of the relevant fishing ground shall refuse, interfere with, or evade any public official's activity specified in accordance with subparagraphs of paragraph (1) without any justifiable ground. <Newly Inserted on Aug. 13, 2013> |
| Article 24 (Compensation for Loss) |
| (1) | Where a person suffers loss due to any activity specified in Article 23 (1), the Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu shall compensate for such loss. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| (2) | The Minister of Oceans and Fisheries or the head of the relevant Si/Gun/Gu shall consult on any loss under paragraph (1) with the person who suffers loss. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| (3) | If no agreement under paragraph (2) is reached or no consultation is possible, the adjudication claim may be filed with the competent committee for land appropriation. |
| Article 25 (Subsidies from National Treasury) |
The State may fully or partially subsidize expenses incurred in purifying or improving fishing grounds under Article 15 within budgetary limits.
| Article 26 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may partially delegate his/her authority under this Act to the head of an agency under his/her control or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| (2) | A Mayor/Do Governor may partially delegate his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | The head of a Si/Gun/Gu may partially entrust his/her duties under this Act to an institution or organization having professional investigative and research functions related to fisheries, as prescribed by Presidential Decree. <Newly Inserted on Aug. 13, 2013> |
[Title Amended on Aug. 13, 2013]
CHAPTER V PENALTY PROVISIONS
| Article 27 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won: <Amended on Mar. 21, 2017; Feb. 18, 2020> |
| 1. | A person who abandons or neglects fishing gear or aquaculture facilities in a fishing ground, in violation of Article 13 (1); |
| 2. | A person who disposes of fishing gear or aquaculture facilities, or requests third parties to dispose of them, in a place, other than places established and operated by the head of the relevant Si/Gun/Gu, in violation of the main sentence of Article 13 (2). |
| (2) | Any person who abandons or neglects fishing gear or aquaculture facilities in a fishing ground an violation of Article 13 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Mar. 21, 2017; Feb. 18, 2020> |
| Article 28 (Penalty Provisions) |
Any person who possesses and transports marine flora and fauna, disposes of and processes them, or sells them, or any person who fails to comply with an order to discharge them, in violation of Articles 16 and 17 of the Fishery Resources Management Act applied mutatis mutandis under Article 21 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Apr. 22, 2009; Mar. 21, 2017>
| Article 29 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who fails to comply with a restriction order or prohibition order under Article 11 (2) or (3); |
| 2. | A person who purify or improve a fishing ground by proxy without using the registered ships, in violation of Article 16 (2); |
| 3. | A person who operates the business of purifying or improving fishing grounds without filing registration, in violation of Article 17 (1). |
| Article 30 Deleted. <Aug. 13, 2013> |
| Article 31 (Confiscation) |
| (1) | In cases falling under Article 28, marine flora and fauna owned or possessed by a criminal shall be confiscated. |
| (2) | If it is impracticable to confiscate all or part of marine flora and fauna owned or possessed by a criminal pursuant to paragraph (1), the value of such flora or fauna shall be imposed. |
| Article 32 (Joint Penalty Provisions) |
If a representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or individual commits any violations described in Articles 27 through 29 in conducting the business affairs of such corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision in connection with the relevant business affairs to prevent such violation. <Amended on Aug. 13, 2013> [This Article Wholly Amended on Mar. 17, 2010]
| Article 33 (Administrative Fines) |
| (1) | A person who fails to clear fishing grounds in violation of Article 12 (1) shall be charged an administrative fine not exceeding five million won. <Newly Inserted on Aug. 13, 2013> |
| (2) | Any of the following persons shall be charged an administrative fine not exceeding two million won: <Amended on Aug. 13, 2013> |
| 1. | Any person who uses a commodity that fails to satisfy the requirements under Article 13 (3); |
| 2. | Any person who fails to file a report under Article 17 (2); |
| 3. | Any person who fails to report the succession of business under Article 19 (3); |
| 4. | Any person who refuses, interferes with, or evades the access to a fishing ground, collection of samples, or use or removal of facilities by a public official who inspects or evaluates the fishing ground environment, in violation of Article 23 (5). |
| (3) | Administrative fines falling under paragraphs (1) and (2) shall be imposed and collected by the Minister of Oceans and Fisheries, Mayors/Do Governors, or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013> |
| (4) | Deleted. <Nov. 14, 2011> |
| (5) | Deleted. <Nov. 14, 2011> |
ADDENDA <Act No. 8378, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 2, Articles 3 (4), 4, 5, 6 (2), 7 (4), 8, 11, 12, 13 (1) and (2), 14 through 20, 22, 25, 27, 29, 30, 32, and 33 (1) shall enter into force on June 29, 2007, and the amended provisions of Article 13 (3) shall enter into force on December 29, 2008. Article 2 (Transitional Measures concerning Enforcement Dates)
Before the amended provisions of subparagraph 3 of Article 2, Articles 3 (4), 4, 5, 6 (2), 7 (4), 8, 11, 12, 14, 15, 22, 25, 29, 30, 32, and 33 (1) enter into force under the proviso of Article 1 of the Addenda, the previous provisions corresponding thereto of subparagraph 3 of Article 2, Articles 3 (4), 4, 5, 6 (2), 7 (4), 8, 11, 12, 13, 14 (1), 21, 24, 27, 28, 30, and 31 (1) shall apply. Article 3 (Transitional Measure concerning Application of Penalty related to Regulations)
Where Articles 16 through 19 and subparagraph 2 of Article 27 of the Fishing Ground Management (Act No. 6257) become invalid under Article 2 of the Addenda of the same Act, the application of penalties to any offence committed before the corresponding provisions become invalid shall be governed by the previous provisions until they become invalid. Article 4 (Transitional Measure concerning Application of Penalty related to Regulations)
In applying the amended provisions of Article 12 (2), the purification of coastal waters under Article 72-2 of the Fisheries Act as at January 29, 2001, on the enforcement date of the Fishing Ground Management (Act No. 6257) shall be deemed the purification and maintenance of fishing grounds under this Act. Article 5 (Transitional Measure incidental to Change of Authority)
| (1) | Sea areas subject to fishing ground management which are designated by the relevant Mayors/Do Governors under the former part of Article 5 at the time the partial amendment to the Fishing Ground Management (Act No. 8130) enters into force shall be deemed designated by the heads of the relevant Sis/Guns/Gus pursuant to the amended provisions of Article 5. |
| (2) | The concurrent renewal of license, etc. carried out by the relevant Mayors/Do Governors under the former part of Article 8 at the time the partial amendment to the Fishing Ground Management (Act No. 8130) enters into force shall be deemed the concurrent renewal of licenses and permission carried out by the heads of the relevant Sis/Guns/Gus pursuant to the amended provisions of Article 8. |
| (3) | Restriction, or prohibition imposed or notification made by the relevant Mayors/Do Governors pursuant to the former part of Article 11 (2) through (4) at the time the partial amendment to the Fishing Ground Management (Act No. 8130) enters into force shall be deemed a restriction or prohibition imposed or a notification made by the heads of the relevant Sis/Guns/Gus pursuant to the amended provisions of Article 11. |
| (4) | Any person who is registered to engage in the business of fishing ground purification or maintenance as a proxy under the directions of the relevant Mayors/Do Governors under the former part of Article 15 at the time the partial amendment to the Fishing Ground Management (Act No. 8130) enters into force shall be deemed to act as a proxy under the directions of the heads of the relevant Sis/Guns/Gus under the amended provisions of Article 16. |
Article 6 (General Transitional Measures concerning Dispositions)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 7 (Transitional Measures on Penalty Provisions or Administrative Fines)
The application of penalty provisions or imposition of administrative fines regarding offenses committed before this Act enters into force, shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relations with other Acts and Subordinate Statutes)
A citation to the previous Fishing Ground Management Act or any provision thereof by any other statute or regulation shall be deemed a citation to this Act or the relevant Article hereof in lieu of the previous provision, if such relevant provision exists in this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9627, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 10121, Mar. 17, 2010>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on 1/1/2011.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 11073, Nov. 14, 2011>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12088, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 18 shall enter into force on the date of its promulgation. Article 2 (Special Provisions on Evaluation of Fishing Ground Environments)
In cases of a fishing ground the remaining term of validity of fishery license or fishery permit of which is not less than one year, but less than one year and six months, among fishing grounds subject to the evaluation of fishing ground environments under the amended provisions of Article 11-2 as at the time this Act enters into force, the head of the competent Si/Gun/Gu shall complete the evaluation of a fishing ground environment within six months after this Act enters into force. Article 3 (Transitional Measures concerning Replacement of Authority Designating Fishing Control Areas)
Any fishing control area designated by the head of a Si/Gun/Gu under the previous provisions as at the time this Act enters into force shall be deemed designated by the Minister of Oceans and Fisheries under the amended provisions of Article 5 (1). Article 4 (Transitional Measures concerning Restriction on Registration for Business of Purifying and Maintaining Fishing Grounds)
The period of restriction on registration under the previous subparagraph 3 or 5 of Article 18 which has passed one year after the amended provisions of Article 18 enter into force shall be deemed expired under the amended provisions of subparagraph 3 or 5 of Article 18.
ADDENDA <Act No. 12484, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures concerning Incompetent, etc.)
Persons against whom the declaration of the incompetency or quasi-competency takes in effect under Article 2 of the Addenda to the amended Civil Act (Act No. 10429) shall be deemed adult-wards under the amended provisions of subparagraph 1 of Article 18 (including cases applicable mutatis mutandis under Article 19 (4)).
ADDENDA <Act No. 14476, Jun. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14739, Mar. 21, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16158, Jun. 31, 2018>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 17044, Feb. 18, 2020>
This Act shall enter into force on the date of its promulgation.