The purpose of this Act is to prescribe matters for promoting and supporting self-imposed control fisheries so as to efficiently conserve and manage fishery resources, to establish a basis for sustainable fishery production, and to improve fishers’ quality of life.
The definitions of terms used in this Act are as follows:
| 1. | The term “self-imposed control fisheries” means fishery business through which fishers conserves, manages and uses fishery resources by forming a self-regulatory community and enacting their own internal regulations suitable for local peculiarities in order to establish a basis for sustainable fishery production and increase fishery households’ income; |
| 2. | The term “community” means a group formed by fishers who satisfy the qualifications under Article 9 to participate in self-imposed control fisheries; |
| 4. | The term “private organization” means a corporation or organization prescribed by Presidential Decree, such as the Federation of Fisheries Cooperatives under the Fisheries Cooperatives Act, and the Korea Fisheries Association and the Korea Association of Self-Imposed Control Fisheries established under the Civil Act. |
| Article 3 (Relationship to Other Statutes) |
Promoting and supporting self-imposed control fisheries shall be governed by this Act, except as otherwise provided in any other statute.
| Article 4 (Responsibilities of the State and Local Governments) |
The State and local governments shall establish necessary systems and conditions and formulate and implement policies to promote and support self-imposed control fisheries.
| Article 5 (Formulation and Implementation of Comprehensive Plans.) |
| (1) | The Minister of Oceans and Fisheries shall formulate a comprehensive plan for promoting self-imposed control fisheries (hereinafter referred to as “comprehensive plan”), every five years, to promote and support self-imposed control fisheries. |
| (2) | The comprehensive plan shall include the following: |
| 1. | Policy goals and basic directions to promote self-imposed control fisheries; |
| 2. | Plans for continuous and systematic support of communities; |
| 3. | Matters concerning surveys, research and development for promoting self-imposed control fisheries; |
| 4. | Funding plans to promote and support self-imposed control fisheries; |
| 5. | Plans to establish and operate regional hub centers for self-imposed control fisheries; |
| 6. | Other matters prescribed by Presidential Decree for promoting, supporting, and developing self-imposed control fisheries. |
| (3) | The Minister of Oceans and Fisheries shall collect the opinions of the head of a relevant central administrative agency and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) to promote a comprehensive plan, and formulate and implement an annual implementation plan for promoting self-imposed control fisheries (hereinafter referred to as “implementation plan”). |
| (4) | Other matters necessary for formulating and implementing the comprehensive plan and implementation plans shall be prescribed by Presidential Decree. |
| Article 6 (Investigations into Actual Conditions) |
| (1) | The Minister of Oceans and Fisheries may investigate the actual conditions of self-imposed control fisheries so as to efficiently formulate the comprehensive plan and implementation plans and the policies necessary for promoting and supporting self-imposed control fisheries. |
| (2) | The details of and procedures for investigations into actual conditions under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 7 (Education and Training) |
The Minister of Oceans and Fisheries may provide educational and training programs, directly or through an entrusted entity, to fishers and related workers to ensure the successful establishment and development of self-imposed control fisheries.
| Article 8 (Technology Exchange and Publicity) |
| (1) | The State, local governments, and private organizations shall endeavor to exchange technologies for self-imposed control fisheries so as to promote and develop self-imposed control fisheries. |
| (2) | In order to efficiently formulate policies for promoting self-imposed control fisheries, the State and local governments shall identify and publicize best practices that contribute to promotion and development of self-imposed control fisheries. |
| Article 9 (Organization of Communities) |
| (1) | Fishers who qualify as any of the following persons may voluntarily organize a community: |
| 2. | A person who has obtained a license or permission or has completed a report under the Fisheries Act; |
| 4. | Any other person similar to the above, who is prescribed by Presidential Decree. |
| (2) | A community that intends to receive financial support, etc. under Article 11 shall select a representative and register itself with the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply): Provided, That matters concerning the registration of a community which encompasses a City/Do unit or a metropolitan area larger than an individual City/Do unit shall be prescribed by Presidential Decree. |
| (3) | When a community registered pursuant to paragraph (2) modifies any of the important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as replacing its representative, it shall register such modification with the head of the competent Si/Gun/Gu. |
| (4) | If a community registers either itself or a modification in its registration, or receives financial support under Article 11, by fraud or other improper means, the Minister of Oceans and Fisheries may revoke the registration under paragraph (2). |
| (5) | Matters necessary for requirements and procedures for community organization, registration requirements, and procedures for registration, registration of modification, and revocation of registration under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 10 (Community’s Internal Regulations) |
| (1) | A community shall enact its own internal regulations (hereinafter referred to as “internal regulations”) in consideration of the following: |
| 1. | Matters concerning the management of fishing grounds, such as the creation of sea jungles, the improvement of fishing ground environment, the adjustment of fishing ground area, and intermission for fishing ground; |
| 2. | Matters concerning the management of fishery resources, such as reducing the usage of fishing gears, increasing the size of net knots, and implementing fishing moratorium; |
| 3. | Matters concerning management improvement, such as increasing income through joint production and sale and the operation of fishing grounds for experience, other than fishing business; |
| 4. | Matters concerning the maintenance of order, such as measures to eradicate illegal operations, compliance with fisheries-related statutes and regulations, and the settlement of disputes between communities. |
| (2) | Matters necessary for detailed standards for and modifications in internal regulations shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 11 (Financial Support) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may provide administrative and technical support to a community registered pursuant to Article 9 (2), or reimburse all or some of the expenses incurred for the operation and performance of duties of the community within the budgetary limits. |
| (2) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may annually evaluate communities’ activities, such as fishing ground management, fishery resource management, and management improvement, to provide support pursuant to paragraph (1), and may provide them with support differentially according to the results. |
| (3) | Individuals, corporations and organizations may contribute or donate money or other property to a community to support and foster the community. |
| (4) | Other matters necessary for supporting and evaluating communities under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| (1) | The Minister of Oceans and Fisheries may reward a person falling under any of the following subparagraphs in order to promote self-imposed control fisheries: |
| 1. | A person who has contributed to promoting or developing self-imposed control fisheries; |
| 2. | A person who has contributed to maintaining or revitalizing a community. |
| (2) | Matters necessary for the standards and methods for rewards under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may delegate part of his or her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Oceans and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may entrust some of his or her duties under this Act to a private organization, etc., as prescribed by Presidential Decree. |
| Article 14 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who has registered a community by fraud or other improper means; |
| 2. | A person who has prepared and submitted a false document in regard to the evaluation of self-imposed control fisheries-related activities under Article 11 (2). |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, a Mayor/Do Governor and the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA <Act No. 17052, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Organizations of Fishermen)
An organization of fishermen that is given administrative, technical and financial assistance under Article 34 of the former Fishery Resources Management Act, as at the time this Act enters into force, shall be deemed a community registered under Article 9 (2). Article 3 Omitted.