CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the comprehensive utilization of fishery resources and waters and the sustainable development of fisheries and to contribute to the improvement of the quality of citizens’ lives and the balanced development of the national economy by establishing a fundamental system for fisheries.
The terms used in this Act are defined as follows:
| 2. | The term "fishery business" means the business of catching or harvesting aquatic animals or plants and the business of producing salt by naturally evaporating sea water at salt farms; |
| 4. | The term "fish transport service" means the business of transporting catches or products made thereof from the field of fishing to a designated landing place; |
| 5. | The term "fish processing business" means the business of manufacturing or processing foodstuff, feed, fertilizer, cohesive paste, oil and fat, or leather by directly using aquatic animals or plants as raw materials; |
| 6. | The term "fishing ground" means a certain area of waters where fishery business is conducted with a license granted under Article 7; |
| 7. | The term "fishery right" means a right to conduct fishery business with a license granted pursuant to Article 7; |
| 8. | The term "fishery activity by a piscary holder" means that a piscary holder catches or harvests aquatic animals or plants at a fishing ground designated for communal fishery business; |
| 9. | The term "piscary holder" means a person who files a report on fishery business under Article 48 and is registered in the original register of fishery rights, as prescribed by Presidential Decree, among those who are recognized by the majority of local residents as having continuously engaged in catching or harvesting aquatic animals or plants in the relevant waters before the communal fishery right to such water is created; |
| 11. | The term "fishery owner" means a person who conducts fishery business; |
| 12. | The term "fishery worker" means a person who engages in catching or harvesting aquatic animals or plants for or on behalf of a fishery owner and a person who engages in producing salt by naturally evaporating sea water at salt farms; |
| 13. | The term "fish transport service provider" means a person who provides fish transport services; |
| 14. | The term "fish transport service worker" means a person who engages in transporting catches or products made thereof from the field of fishing to a designated landing place for or on behalf of a fish transport service provider; |
| 15. | The term “fish product processor" means a person who conducts fish processing business; |
| 17. | The term "leisure fishing" means the activity of catching or harvesting aquatic animals or plants for pleasure using a fishing rod or any other tool; |
| 18. | The term "fishing gear" means a tool directly used for catching or harvesting aquatic animals or plants; |
| 19. | The term “auxiliary vessel” means a fish carrier, a processing vessel, a light vessel, a vessel for supporting fishery business, etc. additionally permitted, other than a fishing vessel permitted for assisting fishing activities conducted by a permitted fishing vessel; |
| 20. | The term “buoy" means a fishing ground buoy that is used by a fisher or an aquaculture businessperson when he or she installs fishing gear, an aquaculture facility, etc. in a fishing ground defined in subparagraph 1 of Article 2 of the Fishing Ground Management Act. |
| Article 3 (Scope of Application) |
This Act shall apply to the following waters, etc.:
| 3. | Waters on land artificially created for the purpose of engaging in fishery business. |
| Article 4 (Plans to Use and Develop Fishing Grounds) |
| (1) | The head of a Si (in the case of a Special Self-Governing Province, referring to the Special Self-Governing Province Governor; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall formulate a plan to use and develop fishing grounds (hereinafter referred to as “development plan”) in order to comprehensively use and develop waters under his or her jurisdiction. |
| (2) | Where the head of a Si/Gun/Gu formulates a development plan, he or she shall obtain approval of such plan from the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor. |
| (3) | Where the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall conduct a basic survey of waters to be developed considering the social and economic conditions, and shall follow the detailed guidelines on development plans that the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") determines based on the local conditions and characteristics, in accordance with the basic guidelines on development plans established by the Minister of Oceans and Fisheries. |
| (4) | Where any other statute or regulation restricts or prohibits fishing activities in waters for which the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall in advance either obtain approval from or consult with the head of a relevant administrative agency. |
| (5) | Where the head of a Si/Gun/Gu intends to formulate a development plan, he or she shall submit the relevant matter to the competent fisheries mediation committee established under Article 95 for deliberation. |
| (6) | A development plan approved under paragraphs (1) through (5) may be revised only in cases prescribed by Presidential Decree, and paragraphs (1) through (5) shall apply mutatis mutandis to matters regarding the formulation and approval of a revised development plan, approval by or consultation with the head of a relevant administrative agency, and deliberation by a fisheries mediation committee established under Article 95: Provided, That approval by or consultation with the head of a relevant administrative agency shall be required only where such approval or consultation is further needed due to an addition of new waters or any other reason equivalent thereto. |
| (7) | Matters necessary for the preparation of the basic guidelines and detailed guidelines on development plans, the formulation of development plans, procedures for such formulation, etc. under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| Article 5 (Licenses for Fishery Business Granted to Foreigners) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall have a prior consultation with the Minister of Oceans and Fisheries to grant a foreigner or foreign corporation a license or permission for fishery business prescribed by Presidential Decree. |
| (2) | Where a foreigner or a foreign corporation makes an investment in a citizen of the Republic of Korea or in a corporation established under any statute thereof (including a corporation that is being established; hereafter in this Article, the same shall apply) for the purpose of conducting fishery business under paragraph (1), paragraph (1) shall also apply where the percentage of an investment in such citizen or corporation is at least 50 percent or where a majority of voting rights are acquired. |
| (3) | With respect to an individual, a corporation, or an organization of a country that prohibits or restricts a citizen of the Republic of Korea or a corporation or an organization established under any statute thereof from acquiring a right to fisheries within such country, prohibitions or restrictions equal or similar thereto may be imposed on the acquisition of a right to fisheries within the Republic of Korea. |
| Article 6 (Joint Application) |
| (1) | Where at least two persons jointly obtain a license or permission under this Act, they shall appoint a representative from among themselves and state such appointment on the relevant application. |
| (2) | In the case of paragraph (1), if no representative is appointed, one of the persons shall be selected as a representative, and an application and required documents shall be submitted to the Minister of Oceans and Fisheries, a Mayor/Do Governor, and the head of a Si/Gun/Gu (hereinafter referred to as “administrative authority”), as prescribed by Presidential Decree. In such cases, the same procedures shall also apply where the representative is replaced. |
| (3) | Where the procedures under paragraph (2) are not followed, an administrative authority shall designate a representative. |
CHAPTER II LICENSED FISHERY BUSINESS
| Article 7 (Licensed Fishery Business) |
| (1) | A person who intends to engage in any of the following fishery business shall obtain a license therefor from the head of a Si/Gun/Gu: |
| 1. | Set-net fishery business: The business of catching aquatic animals in a demarcated zone of waters with a fishing gear prescribed by Presidential Decree installed in a certain place; |
| 2. | Communal fishery business: The business conducted by a fisher residing in a certain area to manage, cultivate, catch, and harvest shellfish, seaweed, or sedentary aquatic animals in a demarcated zone of waters, contiguous to the shore, whose depth is within a certain range. |
| (2) | The head of a Si/Gun/Gu shall grant a license for fishery business under paragraph (1) within the scope of the relevant development plan. |
| (3) | Types of fishery business under the subparagraphs of paragraph (1) and limits on water depths in fishing grounds for communal fishery business shall be prescribed by Presidential Decree. |
| (4) | Matters necessary for the following shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | Water depths of fishing grounds (excluding those for communal fishery business), the boundaries of fishing ground zones, and the distance between fishing grounds; |
| 2. | Methods of installing facilities in fishing grounds, and methods of catching or harvesting; |
| 3. | Matters regarding catches; |
| 4. | Matters regarding fishing vessels, fishing gear, or the use thereof; |
| 5. | Matters regarding the types and methods of use of tools for removing harmful organisms; |
| 6. | Other matters necessary for granting a license for fishery business. |
| Article 8 (Licenses for Communal Fishery Business) |
| (1) | A license for communal fishery business shall be granted only to a fishing village fraternity or a fisheries cooperative for each district (hereinafter referred to as "district fisheries cooperative") in order to promote the common interests of fishers who reside in a certain area. |
| (2) | Where deemed necessary for promoting the common interests of fishers and developing fishery business in a certain area, the head of a Si/Gun/Gu may grant a license for fishery business, other than communal fishery business, to a fishing village fraternity, a fisheries partnership, or a district fisheries cooperative. |
| Article 9 (Grounds for Disqualification for License) |
No head of a Si/Gun/Gu shall grant a license for fishery business to any of the following persons:
| 1. | A corporation or an organization, the business purpose of which is not fishery business; |
| 2. | A person, the area of whose fishing ground, which is a sum of the area of the fishing ground to which he or she acquires a fishery right and the area of the fishing ground to which he or she files an application for a fishery right, is equal to or larger than that prescribed by Presidential Decree; |
| Article 10 (Separate Sentence of Punishment) |
Notwithstanding Article 38 of the Criminal Act, if punishment is imposed for concurrent crimes that involve a crime provided in subparagraphs 3 through 5 of Article 9 and any other crime, a sentence shall be separately pronounced.
| Article 11 (Prohibitions on Licensing) |
| (1) | Where any waters for which a license for fishery business is to be obtained fall under any of Article 33 (1) 1 through 7, the head of a Si/Gun/Gu need not grant such license. |
| (2) | Where a person is subject to revocation of his or her license for fishery business on any of the grounds prescribed in subparagraphs 1 and 3 through 6 of Article 34 (excluding cases falling under any of Article 33 (1) 1 through 7), the head of a Si/Gun/Gu shall not grant the person a license for fishery business for two years from the date of such revocation, as prescribed by Presidential Decree. |
| Article 12 (Imposition of Restrictions or Conditions on Licenses) |
Where necessary for coordinating fishery business or any of Article 33 (1) 1 through 7 is applicable, the head of a Si/Gun/Gu may impose restrictions or conditions on a license for fishery business when granting such license.
| Article 13 (Order of Priority in Granting Licenses) |
| (1) | Priority shall be given in the following order when a license for fishery business is granted (excluding a license for fishery business under Article 8 (1) and (2)): |
| 1. | A fisheries engineer prescribed by Presidential Decree (hereinafter referred to “fisheries engineer”) who has conducted or engaged in the same type of fishery business as the one for which an application for the relevant license is filed, or a person who has conducted or engaged in the same type of fishery business as the one for which an application for the relevant license was filed for five years before the date of the application (excluding the period of leaving a fishing ground fallow under the Fishing Ground Management Act); |
| 2. | A fisheries engineer who has conducted or engaged in fishery business falling under Article 40 (2), or a person who has conducted or engaged in fishery business falling under Article 40 (2) for five years before the date of the application for the relevant license (excluding the period of leaving a fishing ground fallow under the Fishing Ground Management Act); |
| 3. | A person other than those falling under subparagraphs 1 and 2. |
| (2) | Where at least two persons are in the same priority under paragraph (1), priority shall be given in the following order: |
| 1. | A person whose fishery right to the relevant fishing ground for the fishery business has expired at the time of the application for the relevant license or during the period of leaving the fishing ground fallow under Article 9 (5) of the Fishing Ground Management Act; |
| 2. | A fisheries engineer who has conducted or engaged in fishery business for which an application for the relevant license was filed at a fishing ground for such fishery business, or a person who has conducted or engaged in fishery business for which an application for the license was filed at a fishing ground for such fishery business for five years before the date of the application (excluding the period of leaving the fishing ground fallow under the Fishing Ground Management Act); |
| 3. | A person other than those falling under subparagraphs 1 and 2. |
| (3) | Where at least two persons are in the same priority under paragraph (2), priority shall be given in the following order: |
| 1. | A person who has continued to have his or her domicile (in the case of a corporation or an organization, referring to the location of an office related to fishery business; hereinafter the same shall apply) in the Special Self-Governing Province or Si/Gun/autonomous Gu where waters for which a license is to be obtained are located since one year before the application for the license; |
| 2. | A person who has continued to have his or her domicile in a Si/Gun/autonomous Gu adjoining the Si/Gun/autonomous Gu where waters for which a license is to be obtained are located since one year before the application for the license; |
| 3. | A person other than those falling under subparagraphs 1 and 2. |
| (4) | Priority in granting a license for communal fishery business under Article 8 (1) shall be given in accordance with the order prescribed in that paragraph. |
| (5) | Where the order of priority is determined pursuant to paragraphs (1) through (4), any of the following persons may be excluded therefrom. In such cases, the competent fisheries mediation committee established under Article 95 shall deliberate on such exclusion: |
| 1. | A person against whom an administrative disposition has been made with respect to a fishing ground for the relevant fishery business for a violation of this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, or for a failure to comply with an order, a disposition, a restriction, or a condition under this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act; |
| 2. | A person who is deemed to have poorly managed a fishing ground for the relevant fishery business or poorly conducted such business; |
| 3. | A person who has acquired the relevant fishery right but transferred it to a third party without good reason; |
| 4. | A person who has been compensated for any loss caused by revocation of his or her fishery right on the ground prescribed in Article 88 (1) 1: Provided, That where the person has already acquired any other fishery right at the time of such compensation or has received a transferred or divided fishery right after the compensation under any subparagraph of Article 19 (1), he or she shall not be excluded from those given priority when filing an application for a new license for fishery business due to the expiry of the fishery right. |
| Article 14 (Validity Period of Licenses) |
| (1) | A license for fishery business under Article 7 shall be valid for 10 years: Provided, That in cases falling under Article 4 (4) of this Act or Article 8 (5) of the Fishing Ground Management Act or in cases prescribed by Presidential Decree to protect fishery resources and to coordinate fishery business, such license may be valid for up to 10 years. |
| (2) | Upon application by a fishery right holder, the head of a Si/Gun/Gu shall permit an extension of the validity period of his or her license by up to 10 years from the date the license expires, except where there exists any ground falling under the proviso of paragraph (1), any subparagraph of Article 13 (5), or any subparagraph of Article 33 (1). In such cases, the total period of extensions shall not exceed 10 years, if the extensions are permitted several times. |
| (3) | Even where a fishery right holder does not file an application for an extension of the validity period of his or her license, the head of a Si/Gun/Gu may permit an extension of the validity period of the relevant fishery right upon application by a registered holder of the fishery right. |
| (4) | The head of a Si/Gun/Gu shall notify an applicant of whether to grant permission within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receiving an application for permission under the former part of paragraph (2) or paragraph (3). |
| (5) | Where the head of a Si/Gun/Gu fails to notify an applicant of whether to grant permission within the period prescribed in paragraph (4) or of an extension of the processing period under statutes or regulations related to processing civil petitions, permission shall be deemed granted on the day following the date of the expiry of the relevant period (referring to the extended or re-extended period, where the processing period is extended or re-extended under statutes or regulations related to processing civil petitions). |
| (6) | A fishery right shall be extinguished simultaneously upon expiry of the validity period of the relevant license or of the extended period permitted under paragraph (2). |
| Article 15 (Licenses for Limited Fishery Business in Licensing-Restricted Areas) |
| (1) | Where a person intends to conduct fishery business in any waters where fishery business is restricted or for which a license for fishery business is revoked on any ground prescribed in any of Article 33 (1) 1 through 6 or subparagraph 6 of Article 34 (limited to cases falling under any of Article 33 (1) 1 through 6), the head of a Si/Gun/Gu may grant the person a license for fishery business under Article 7, separately determining the validity period of the license (hereinafter referred to as “license for limited fishery business”), in consultation with or following approval from the head of a relevant administrative agency. |
| (2) | Article 16 (2), the subparagraphs of Article 19 (1), and Article 88 (1) shall not apply to matters regarding licenses for limited fishery business. |
| (3) | Where a relevant administrative agency consults on or approves a license for limited fishery business on condition that any compensation under other statutes or regulations is not given, the head of a Si/Gun/Gu shall impose such condition when granting the license. |
| Article 16 (Acquisition and Nature of Fishery Rights) |
| (1) | A person who obtains a license for fishery business under Article 7 or receives a transferred or divided fishery right under Article 19 shall acquire the fishery right at the time he or she registers the right in the original register of fishery rights under Article 17. |
| (2) | A fishery right shall be a real right, and except as provided in this Act, the provisions of the Civil Act governing land shall apply mutatis mutandis. |
| (3) | The provisions of the Civil Act governing pledge rights shall not apply to a fishery right and any right to fulfill the purpose thereof. |
| (4) | A fishery right acquired by a fishing village fraternity which is not a juristic person shall be collectively owned by such fishing village fraternity. |
| Article 17 (Registration of Fishery Rights) |
| (1) | Matters regarding the creation, preservation, transfer, modification, extinguishment, restrictions on disposition, and stakes in a fishery right, and any right to fulfill the purpose thereof, and matters regarding fishery activities by a piscary holder shall be registered in the original register of fishery rights. |
| (2) | Registration under paragraph (1) shall be in lieu of recording. |
| (3) | Matters regarding registration shall be prescribed by Presidential Decree. |
| Article 18 (Relationship of Fishery Rights to Other Statutes) |
| Article 19 (Transfer, Division, or Modification of Fishery Rights) |
| (1) | No fishery right shall be transferred, divided, or modified except in the following cases: |
| 2. | Where authorization is obtained from the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, one year after the date fishery business commences (referring to the date the installation of facilities is completed) upon registration of a fishery right (excluding a communal fishery right); |
| 3. | Where a fishery right is transferred or divided following a merger of corporations or by inheritance. |
| (2) | Where a person who intends to receive a transferred or divided fishery right under the subparagraphs of paragraph (1) falls under any subparagraph of Article 9 or under Article 11 (2), the head of a Si/Gun/Gu shall not grant authorization for such receipt. |
| (3) | Notwithstanding the provisions, with the exception of the subparagraphs, of paragraph (1), a fishery right owned by a fishing village fraternity or a district fisheries cooperative may be transferred or divided, where the fishery right is transferred or divided among fishing villages fraternities or district fisheries cooperatives or between a fishing village fraternity and a district fisheries cooperative following a merger or division of fishing villages fraternities or district fisheries cooperatives, a modification of business territories, or mutual agreement. |
| Article 20 (Reporting on Modifications of Licensed Matters) |
Where a fishery right holder intends to modify any matter prescribed by Presidential Decree among the licensed matters, such as his or her name or address, he or she shall file a report on such modification with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where a fishery right holder changes his or her address within the same Si/Gun/autonomous Gu and files a move-in report pursuant to Article 16 (1) of the Resident Registration Act, he or she shall be deemed to file a report on the modification of his or her address.
| Article 21 (Prohibition of Provision of Fishery Rights as Security by Fishing Village Fraternities) |
No fishery right owned by a fishing village fraternity or a district fisheries cooperative shall be provided as security.
| Article 22 (Structures to Be Provided as Security) |
Where a fishery right is provided as security, any structure established in the relevant fishing ground shall be deemed to belong to, and become part of, such fishery right
| Article 23 (Consent of Co-Owners) |
| (1) | No co-owner of a fishery right shall dispose of his or her stake or provide such right as security without the consent of the other co-owners: Provided, That this shall not apply to the sale prescribed in Article 264 of the Civil Execution Act. |
| (2) | In the case of paragraph (1), if it is impossible to obtain the consent of a co-owner because his or her domicile or residence is uncertain or due to any other reason, such fact shall be publicly announced, as prescribed by Presidential Decree. |
| (3) | Where a public announcement is made under paragraph (2) and no objection is raised within 30 days from the date following the date of such public announcement, consent shall be deemed given on the last day of the 30-day period. |
| Article 24 (Consent of Registered Right Holders) |
No fishery right shall be divided, modified, or surrendered without the consent of a registered right holder.
| Article 25 (Succession to Rights and Obligations in Disposal) |
| Article 26 (Auction of Fishery Rights) |
| (1) | Where a license for fishery business is revoked under Article 30 (2), subparagraphs 2 through 5 of Article 34, or subparagraph 6 of that Article (limited to cases falling under Article 33 (1) 8 or 9), a person registered as the holder of a mortgage on the fishery right may file an application for auction of the right within 30 days from the date following the date notice is given under Article 35. |
| (2) | Where an application for auction is filed under paragraph (1), the relevant fishery right shall be deemed to exist only for the purpose of the auction during the period from the date the license is revoked until the date the procedures for the auction are completed. |
| (3) | The amount of money remaining after expenses of the auction and debts owed to the holder of a mortgage under paragraph (1) are reimbursed, out of the auction price, shall revert to the National Treasury. |
| (4) | Where the successful bidder fully pays an auction price, the revocation of a license for fishery business shall be deemed ineffective. |
| Article 27 (Use of Service Vessels, and Restrictions and Prohibition on Such Use) |
| (1) | A fishery right holder who intends to use a fishing vessel necessary for managing a fishing ground for the relevant fishery business (hereinafter referred to as "service vessel") shall obtain designation of the vessel from the head of a Si/Gun/Gu. In such cases, only a fishing vessel owned or leased by the fishery right holder (including a person who exercises the fishery right under Article 36) shall be designated as a service vessel. |
| (2) | Where necessary for increasing and protecting fishery resources and for coordinating fishery business, the head of a Si/Gun/Gu may restrict or prohibit a fishing vessel to be used as a service vessel or fishing gear according to types of fishery business, the size of a fishing ground, or types of aquatic animals or plants, as prescribed by Presidential Decree. |
| (3) | A fishery right holder who has no service vessel in a fishing ground for the licensed fishery business may use a fishing vessel designated pursuant to paragraph (1) or a fishing vessel permitted for fishery business under Article 40 (1) through (3) with approval of the head of a Si/Gun/Gu. |
| (4) | A fishery right holder with a vessel designated as a service vessel under paragraph (1) shall not use such service vessel to catch or harvest aquatic animals or plants in waters other than the relevant designated fishing ground zone or the area approved pursuant to paragraph (3): Provided, That this shall not apply where permission for fishery business is obtained pursuant to Article 40 with respect to the service vessel. |
| (5) | The size and number of service vessels under paragraphs (1) and (3), the horsepower of their engines, designation of or approval for the use of the vessels, and other matters necessary for the use thereof shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That where necessary for increasing and protecting fishery resources and for coordinating fishery business, matters regarding the quota of service vessels, standards for the use thereof, etc. may be prescribed by ordinance of the relevant Si/Gun/Gu within the scope prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (1) | A reserve shall be established to protect fishery rights to set-net fishery business. |
| (2) | The following activities that are likely to damage facilities or interfere with the exercise of a fishery right shall not be conducted within any reserve established under paragraph (1): Provided, That this shall not apply where consent thereto is given by the relevant fishery right holder: |
| 2. | Attracting or chasing aquatic animals using light, sound, etc.; |
| 3. | Installing fishing gear, such as weirs and longlines, or using dragged gear or diving apparatus; |
| 4. | Constructing, extending, or remodeling a facility that is likely to interfere with the exercise of a fishery right: Provided, That this shall not apply where the State or a local government promotes such construction, extension, or remodeling for the purpose of serving public interests, such as national defense. |
| (3) | In order to prevent a dispute related to other fishery business around a fishing ground where a communal fishery right and a bottom-using aquaculture right are established, the head of a Si/Gun/Gu may hear the opinions of persons in related fields and designate the area between the relevant fishing ground and another fishing ground as a reserve to the extent prescribed by Ordinance of the Ministry of Oceans and Fisheries, as prescribed by ordinance of the relevant Si/Gun/Gu. |
| (4) | The following activities that interfere with the exercise of a fishery right shall not be conducted within a reserve under paragraph (3): Provided, That this shall not apply where consent thereto is given by a fishery right holder nearby: |
| 1. | Using diving apparatus; |
| 2. | Other fishery business prescribed by ordinance of the relevant Si/Gun/Gu. |
| (5) | Matters necessary for the extent of a reserve under paragraphs (1) and (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 29 (Reporting on Suspension of Business and Surrender of Fishery Rights) |
| (1) | Where a person who has acquired a fishery right to engage in fishery business intends to suspend his or her business for at least one consecutive year, he or she shall file a report on such suspension with the head of a Si/Gun/Gu in advance, determining a suspension period: Provided, That the person shall not suspend his or her fishery business before commencing it pursuant to Article 30 (1) and a suspension period shall not exceed two consecutive years. |
| (2) | Where a person who has filed a report under paragraph (1) intends to continue engaging in fishery business before the reported suspension period expires, he or she shall file a report thereon with the head of a Si/Gun/Gu in advance. |
| (3) | The period under paragraph (1) shall not include the period during which fishery business is suspended under an order issued pursuant to Article 33 or 55 and the period of leaving a fishing ground fallow under the Fishing Ground Management Act. |
| (4) | Where a fishery right holder intends to surrender his or her fishery right, he or she shall file a report thereon with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 30 (Commencement of Fishery Business) |
| (1) | A person who has acquired a fishery right shall commence his or her fishery business within one year from the date of acquisition of the fishery right: Provided, That in cases prescribed by Presidential Decree, the head of a Si/Gun/Gu may adjust such period by up to two years. |
| (2) | Where it is deemed that a person who has acquired a fishery right continues to leave the relevant fishing ground idle and fails to fully utilize it even one year after commencing fishery business, the head of a Si/Gun/Gu may modify or revoke the fishery right. |
| (3) | The period under paragraph (1) or (2) shall not include the period during which fishery business is suspended under an order issued pursuant to Article 33 or 55 and the period of leaving a fishing ground fallow under the Fishing Ground Management Act. |
| Article 31 (Prohibition of Control by Third Parties) |
| (1) | No fishery right holder shall allow a third party to have de facto control over the management of his or her fishery business. |
| (2) | The scope of de facto control over the management of fishery business under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 32 (Prohibition of Lease) |
No fishery right shall be established for the purpose of a lease. In such cases, the exercise of a fishery right owned by a fishing village fraternity or a district fisheries cooperative shall not be deemed a lease, if it is exercised by a member of such fishing village fraternity or district fisheries cooperative or by a fisheries partnership comprised of members of the fishing village fraternity or district fisheries cooperative, as prescribed by the fishing ground management rules under Article 37.
| Article 33 (Restrictions on Licensed Fishery Business Necessary for Protection of Public Interests) |
| (1) | The head of a Si/Gun/Gu may restrict or suspend licensed fishery business or may restrict a fishing vessel from mooring or departing from or entering a port, in any of the following cases: |
| 1. | Where necessary for increasing and protecting fishery resources; |
| 2. | Where necessary for a military exercise or protection of a key military base; |
| 3. | Where the Minister of National Defense make a request as deemed necessary for national defense; |
| 4. | Where necessary for sailing, anchoring, and mooring of a vessel or for installing submarine power cables; |
| 7. | Where the Minister of Oceans and Fisheries makes a request as any subparagraph of Article 27 (1) of the Act on Safe Fishing Operations of Fishing Vessels is applicable; |
| 8. | Where a fishery right holder violates this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, or fails to comply with an order, a disposition, a restriction, or a condition under this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act; |
| 9. | Where a fishery right holder violates an agreement with a foreign country on fishery business, a generally accepted international law, or a statute or regulation of a foreign country regarding fisheries. |
| (2) | Matters necessary for procedures for restrictions, etc. on fishery business under paragraph (1) 1 through 6 shall be prescribed by Presidential Decree. |
| (3) | Matters necessary for the standards and procedures for making a disposition, such as restrictions on fishery business, under paragraph (1) 7 through 9 shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | A fishing vessel subject to mooring pursuant to paragraph (1) 8 or 9 shall be managed by a person who obtains designation or approval pursuant to Article 27 (1) and (3). |
| Article 34 (Revocation of Licensed Fishery Business) |
Where a person who has obtained a license for fishery business falls under any of the following, the head of a Si/Gun/Gu may revoke the license, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the license shall be revoked in cases falling under subparagraph 1:
| 1. | Where the person obtains the license by fraud or other improper means; |
| 2. | Where the person falls under subparagraph 1 of Article 9; |
| 3. | Where a fishery right holder violates Article 29 (1) or (2) or 30 (1); |
| 4. | Where a fishery right holder allows a third party to have de facto control over the management of fishery business, in violation of Article 31; |
| 5. | Where a fishery right holder leases his or her fishery right to a third party, in violation of Article 32; |
| 6. | Where the person falls under any subparagraph of Article 33 (1), other than cases prescribed in subparagraphs 1 through 5. |
| Article 35 (Notice of Revocation of Fishery Rights) |
Where the head of a Si/Gun/Gu revokes a license for fishery business, he or she shall notify the registered holder of the relevant fishery right of such revocation without delay.
| Article 36 (Management of Fishing Grounds by Fishing Village Fraternities) |
| (1) | A fishery right owned by a fishing village fraternity shall be exercised by its members, as prescribed by the fishing ground management rules under Article 37: Provided, That a communal fishery right may be exercised by a person who is not a member of the fishing village fraternity, if the person satisfies all of the following requirements: |
| 1. | The person shall have his or her domicile in the Si/Gun/Gu to which the relevant fishing village fraternity belongs; |
| 2. | A resolution on the exercise of the communal fishery right shall be passed at a general meeting of the fishing village fraternity: |
| 3. | A report on fishery business under Article 48 shall be completed. |
| (2) | Except as provided in Presidential Decree, a fishery right owned by a district fisheries cooperative shall be exercised by a member of such district fisheries cooperative whose domicile is within the business territory of a fishing village fraternity that covers an area adjoining the relevant fishing ground, as prescribed by the fishing ground management rules under Article 37. |
| (3) | The methods of and the order of priority in exercising a fishery right under paragraphs (1) and (2), adjustment of facilities and business territories for each fishing village fraternity, or each member of a fishing village fraternity or a cooperative, and other matters necessary for the management of a fishing ground shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 37 (Fishing Ground Management Rules) |
| (1) | A fishing village fraternity and a district fisheries cooperative that acquires a fishery right under Article 8 shall determine fishing ground management rules that stipulate the qualifications of those eligible to conduct fishery activities as a piscary holder or to exercise a fishery right in the fishing ground; the methods of conducting fishery activities as a piscary holder and exercising a fishery right; the period and methods of fishery business; charges for conducting fishery activities as a piscary holder and exercising a fishery right; and other matters necessary for the management of the fishing ground, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Where the fishing ground management rules under paragraph (1) are not in conformity with this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, or an order, a disposition, a restriction, or a condition under this Act, the Fishing Ground Management Act, the Aquaculture Industry Development Act, or the Fishery Resources Management Act, the head of a Si/Gun/Gu may issue an order to take necessary measures, such as an amendment to the fishing ground management rules. |
| Article 38 (Restrictions on Exercise of Fishery Rights) |
Notwithstanding Article 36 (1) or (2), the head of a Si/Gun/Gu may restrict or prohibit a person who meets the standards prescribed by Presidential Decree from exercising a fishery right to a fishing ground of a fishing village fraternity or a district fisheries cooperative in order to equally increase the incomes of members of such fishing village fraternity or district fisheries cooperative.
| Article 39 (Restrictions on Fishery Activities by Piscary Holders) |
| (1) | A fishery right holder for communal fishery business shall allow a piscary holder to conduct fishery activities in the relevant fishing ground, as prescribed by the fishing ground management rules under Article 37. |
| (2) | Where deemed necessary for the reproduction and protection of aquatic animals or plants and for the maintenance of order in fishery business, a fishery right holder and a piscary holder under paragraph (1) may place restrictions on fishery business upon mutual agreement. |
| (3) | A restriction, a condition, or suspension imposed on a license for communal fishery business under Article 12 or 33 (1) 1 through 7 shall be deemed a restriction, a condition, or suspension imposed on fishery activities by a piscary holder. |
| (4) | Where a fishery right holder or a piscary holder fails to implement mutual agreement under paragraph (2) or to comply with a ruling under Article 91 (2) or where a piscary holder violates a restriction or a condition or suspension under paragraph (3), the head of a Si/Gun/Gu may restrict or suspend the relevant licensed fishery business, revoke the license, or restrict, suspend, or prohibit fishery activities by a piscary holder. |
CHAPTER III PERMITTED FISHERY BUSINESS AND REPORTED FISHERY BUSINESS
| Article 40 (Permitted Fishery Business) |
| (1) | A person who intends to engage in any fishery business that uses a power-driven fishing vessel with a gross tonnage of at least 10 tons or a power-driven fishing vessel with a gross tonnage of less than 10 tons prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fishery business (hereinafter referred to as "inshore fishery business") shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries. |
| (2) | A person who intends to engage in any fishery business that uses a non-power-driven fishing vessel or a power-driven fishing vessel with a gross tonnage of less than 10 tons, other than inshore fishery business and fishery business under paragraph (3) (hereinafter referred to as "coastal fishery business") shall obtain permission for each fishing vessel or fishing gear from the competent Mayor/Do Governor. |
| (3) | A person who intends to engage in fishery business by installing fishing gear or by using a non-power-driven fishing vessel or a power-driven fishing vessel of a gross tonnage of less than five tons within a demarcated zone of waters (hereinafter referred to as “fishery business within a demarcated zone of waters”) shall obtain permission for each fishing vessel, fishing gear, or facility from the head of the competent Si/Gun/Gu: Provided That where a Mayor/Do Governor establishes and manages a total allowable catch under Articles 36 and 38 of the Fishery Resources Management Act with regard to fishery business prescribed by Ordinance of the Ministry of Oceans and Fisheries, fishery business within a demarcated zone of waters may be permitted for a power-driven fishing vessel with a gross tonnage of less than eight tons. |
| (4) | Matters regarding the types of fishery business that require permission and the types of aquatic animals allowed to be caught and harvested by type of fishery business under paragraphs (1) through (3) shall be prescribed by Presidential Decree, while the following matters and other necessary procedures, etc. related to permission shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: |
| 1. | The tonnage of a fishing vessel by type of fishery business, an engine’s horsepower, a ground for restrictions on, or suspension of, permission for fishery business, the designation of a port of discharge, the division of sea areas for fishing operations, and the replacement of a permitted fishing vessel; |
| 2. | The quota of permits for coastal fishery business and fishery business within a demarcated zone of waters, an auxiliary vessel of a fishing vessel to be used for such business, and the type of fishing gear to be used. |
| (5) | With regard to a person whose permission for fishery business is revoked on any ground prescribed in subparagraph 1, 3, 4, or 6 of Article 34 (excluding cases falling under any of Article 33 (1) 1 through 7) and the relevant fishing vessel or fishing gear, an administrative authority shall not grant permission for fishery business for up two years from the date of revocation of such permission, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (6) | A person who intends to re-file an application for permission for fishery business after such permission is revoked on any ground prescribed in subparagraph 1, 3, 4, or 6 of Article 34 (excluding cases falling under any of Article 33 (1) 1 through 7) or a person who intends to re-file an application for permission for fishery business for the relevant fishing vessel or fishing gear with respect to which the permission is revoked shall receive education prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 41 (Order of Priority in Granting Permission for Fishery Business) |
| (1) | In the case of fishery business for which the quota of permits prescribed in Articles 40 (4) 2 or 55 (1) 3 is established, priority shall be given to any of the following persons when permission therefor is granted: |
| 1. | A person who files an application for permission for any fishery business of the same type as fishery business, the validity period of permission for which has expired; |
| 2. | A person who files an application for permission for fishery business of the same type at the same time as he or she files a report on closure of such fishery business in order to replace a fishing vessel, fishing gear, or a facility permitted for fishery business; |
| 3. | A person who files an application for fishery business of the same type as the validity period of suspension of permission for such fishery business under Article 40 (4) 1 has expired or a ground for such suspension ceases to exist. |
| (2) | Notwithstanding paragraph (1), a person whose permission for fishery business was revoked on at least two occasions for the period during which such permission was valid shall be excluded from those given priority in granting permission for fishery business under paragraph (1). |
| (3) | Where the number of permits granted for fishery business falls short of the quota of such permits because a person falling under any subparagraph of paragraph (1) does not file an application for permission for fishery business or is excluded from those given priority in granting such permission pursuant to paragraph (2), the permission may be granted in the following order: |
| 3. | A person who has conducted or engaged in fishery business for which he or she has filed an application for permission for at least five years; |
| 4. | A person who has conducted or engaged in fishery business for which he or she has filed an application for permission for at least one year but less than five years, and a person who has conducted or engaged in fishery business different from the fishery business for which he or she has filed an application for permission for at least five years. |
| (4) | The order of priority among those in the same order prescribed in the subparagraphs of paragraph (3) shall be determined by the competent administrative authority in consideration of applicants’ capabilities to manage fishery business, contribution to developing fishery business, compliance or non-compliance with fisheries-related statutes or regulations, local conditions, and other matters. |
| (5) | Other matters necessary for the order of priority in granting permission for fishery business shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 42 (Management of Bycatch) |
| (1) | Where a fisher is granted permission specifying the types of aquatic animals allowed to be caught and harvested pursuant to Article 40 (4), he or she shall not engage in the bycatch of other types of aquatic animals: Provided, That bycatch shall be allowed in cases satisfying all of the standards prescribed by Presidential Decree with regard to the following: |
| 1. | Types of fishery business where bycatch is allowed; |
| 2. | Aquatic animals the bycatch of which is allowed; |
| 3. | Permissible scope of bycatch. |
| (2) | Where a fisher catches or harvests, or is expected to catch or harvest, aquatic animals the bycatch of which is allowed under the proviso, with the exception of the subparagraphs, of paragraph (1), beyond the permissible scope, he or she shall suspend fishing operations, move to another fishing place, or take other appropriate measures. |
| (3) | A fisher who engages in any fishery business where bycatch is allowed under the proviso, with the exception of the subparagraphs, of paragraph (1) shall attach to fishing gear a device for reducing bycatch determined and publicly notified by the Minister of Oceans and Fisheries for its use. |
| (4) | A fisher shall sell, purchase, or exchange the catches caught or harvested through bycatch under the proviso, with the exception of the subparagraphs, of paragraph (1) at a place for sale and purchase designated pursuant to Article 55 (1) 7: Provided, That this shall not apply in any of the following cases: |
| 1. | Where there exists no designated place for sale and purchase under Article 55 (1) 7, such as a remote island and a remote area; |
| 2. | Where the catches caught and harvested through bycatch are not more than those prescribed by Presidential Decree. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for verifying aquatic animals the bycatch of which is allowed among catches, and for the methods, procedures, etc. of verifying whether the permissible scope of bycatch is complied with shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 43 (Permission for Temporary Fishery Business) |
| (1) | Where aquatic animals (excluding sedentary fishery resources in any waters to be designated as waters for fishery resources management pursuant to Article 48 of the Fishery Resources Management Act; hereafter in this Article, the same shall apply) never or rarely seen in the past appear in large numbers, but fishery business for catching them is not yet permitted, or where the head of a research institute under paragraph (3) 3 deems that the number of permits granted is excessively small, a Mayor/Do Governor may conduct a detailed survey and evaluation of fishery resources under Article 11 of the Fishery Resources Management Act to appropriately catch and manage such aquatic animals, and accordingly permit fishery business for a temporary period (hereinafter referred to as "temporary fishery business") with approval from the Minister of Oceans and Fisheries, specifying the following matters: |
| 1. | Types of fishery business (limited to types of fishery business prescribed in this Act); |
| 2. | Types of aquatic animals allowed to be caught, and total allowable catches; |
| 4. | Period of (up to three months each year: Provided, That such period may be extended by up to two months) and time for fishing operations, and the number of vessels in operation; |
| (2) | A Mayor/Do Governor shall grant permission for temporary fishery business to a person who has a fishing vessel or fishing gear permitted for fishery business, on the condition that he or she conducts temporary fishery business concurrently. |
| (3) | No Mayor/Do Governor shall permit temporary fishery business, if any of the following grounds exists: |
| 1. | Where a dispute regarding fishery business arises or where it is necessary to maintain order in such business; |
| 2. | Where such business is likely to hinder fishing activities, the main purpose of which is to catch aquatic animals of the same species as those to be temporarily caught; |
| 3. | Where the head of a research institute prescribed by Presidential Decree deems that such business is likely to hinder the reproduction and protection of fishery resources or to affect the marine ecosystem. |
| (4) | Matters necessary for approval for temporary fishery business, matters subject to permission, procedures for permission, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 44 (Imposition of Restrictions or Conditions on Permitted Fishery Business) |
| (1) | Where an administrative authority permits fishery business under Articles 40 and 43, he or she shall impose restrictions or conditions on permission, such as matters applicable to both coastal fishery business and inshore fishery business prescribed by Ordinance of the Ministry of Oceans and Fisheries, types of fishery business, areas for fishing operations by size of fishing vessel, fishing gear and fishing methods, the size of fishing gear, and the installation of signs. |
| (2) | Where deemed necessary for protecting public interests, coordinating fishery business, or increasing and protecting fishery resources under Article 33 (1) 1 through 6, an administrative authority may impose restrictions and conditions on permission other than those prescribed in paragraph (1). |
| Article 45 (Succession to Status of Persons Granted Permission for Fishery Business) |
| (1) | A person who inherits a fishing vessel, fishing gear, or a facility (hereafter in this Article referred to as “fishing vessel, etc.”) permitted for fishery business under Articles 40 and 43 from a person granted such permission, or purchases (including purchase through an auction under the Civil Execution Act or in accordance with procedures equivalent thereto) or leases such vessel, gear, or facility (including a corporation surviving a merger or a division where the person granted permission for fishery business is a corporation) shall succeed to the status of the person granted the permission (in the case of inheritance, this shall not apply where an heir objects to such succession and where a fishing vessel permitted for fishery business under Article 27 (3) of this Act or Article 41 (3) of the Aquaculture Industry Development Act is leased as a service vessel). In such cases, the status of the person previously granted permission for fishery business shall become invalid. |
| (2) | A person who succeeds to the status of a person granted permission for fishery business pursuant to paragraph (1) shall file a report on such succession with the administrative authority that has granted the relevant permission within 30 days from the date of the succession (60 days in the case of inheritance) in accordance with the procedures prescribed by Ordinance of the Ministry of Oceans and Fisheries, and where the person fails to meet the standards for a fishing vessel, etc. permitted for fishery business and qualifications of an applicant for permission for fishery business prescribed by Ordinance of the Ministry of Oceans and Fisheries, he or she shall meet such standards and qualifications within 90 days from the date of the succession. |
| (3) | Upon receipt of a report under paragraph (2), an administrative authority shall review the details thereof and accept such report if it conforms to this Act. |
| (4) | A person who succeeds to the status of a person granted permission for fishery business under paragraph (1) shall be deemed to succeed to any administrative disposition, obligation, condition, etc. imposed on such permission: Provided, That this shall not apply where the person proves that he or she was unaware of such disposition or failure to comply therewith. |
| Article 46 (Fishery Business for Experiment, Research, or Training) |
| (1) | A person who intends to conduct fishery business for experiment, other than that prescribed in Article 7, 40, 43, or 48, in order to develop new fishing gear, fishing methods, or fishing grounds, shall file an application for such business, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Where it is necessary to develop new fishing gear, fishing methods, or fishing grounds for fishery business other than fishery business prescribed in Article 7, 40, 43, or 48 or where an application filed under paragraph (1) is deemed reasonable, the Minister of Oceans and Fisheries and a Mayor/Do Governor may conduct fishery business for experiment jointly with a fishery owner, an applicant under paragraph (1), an institute for experiment and research, etc., considering the status of fishery resources, the conditions of fishery business, and other matters. In such cases, the Mayor/Do Governor shall formulate a plan for fishery business for experiment and obtain approval of such plan from the Minister of Oceans and Fisheries. |
| (3) | Notwithstanding paragraphs (1) and (2) of this Article and Articles 7, 40, 43, and 48, an institute for experiment and research, an institution for guiding or disseminating fisheries techniques, or training or educational institution designated by the Minister of Oceans and Fisheries may conduct fishery business for research or training, if it intends to do so. |
| (4) | Matters necessary for fishery business for experiment, research, or training under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 47 (Validity Period of Permission for Fishery Business) |
| (1) | Permission for fishery business granted under Article 40 shall be valid for five years: Provided, That where a person replaces any of the permitted fishing vessel, fishing gear, or facility with another fishing vessel, fishing gear, or facility during the validity period of permission or where the person succeeds to the status of a person granted permission for fishery business under Article 45, the permission shall be valid for the remaining validity period of the previous permission for fishery business. |
| (2) | An administrative authority may shorten the validity period prescribed in paragraph (1) or extend such period by up to five years in cases prescribed by Ordinance of the Ministry of Oceans and Fisheries as necessary for protecting fishery resources, coordinating fishery business, and serving other public interests. |
| Article 48 (Reported Fishery Business) |
| (1) | A person who intends to conduct fishery business prescribed by Presidential Decree (limited to a person who has his or her domicile in the Si/Gun/Gu having jurisdiction over a fishing place for at least six months as at the date of a report), other than that prescribed in Article 7, 40, 43, or 46, shall file a report on such business with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | The head of a Si/Gun/Gu shall notify an applicant of whether to accept his or her report filed under paragraph (1) within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date of receipt of such report. |
| (3) | Where the head of a Si/Gun/Gu fails to notify a reporting person of whether to accept his or her report within the period prescribed in paragraph (2) or of an extension of the processing period under statutes or regulations related to processing civil petitions, such report shall be deemed accepted on the day following the date of the expiry of the relevant period (referring to the extended or re-extended period, where the processing period is extended or re-extended under statutes or regulations related to processing civil petitions). |
| (4) | The validity period of a report filed under paragraph (1) shall be five years from the date the report is accepted (including where the report is deemed accepted under paragraph (3)): Provided, That the validity period may be shortened where necessary for implementing a public work or in cases prescribed by Presidential Decree. |
| (5) | Upon accepting a report filed under paragraph (1) (including where the report is deemed accepted under paragraph (3)), the head of a Si/Gun/Gu shall issue a certificate of the report on fishery business to the relevant reporting person. |
| (6) | A person who files a report on fishery business under paragraph (1) shall observe the following matters: |
| 1. | He or she shall conduct fishing operations for at least 60 days each year in an area of waters under the jurisdiction of the head of the Si/Gun/Gu having jurisdiction over his or her domicile and fishing place; |
| 2. | He or she shall not conduct fishing operations in any waters where fishing activities are restricted or prohibited under other statutes or regulations, in violation of such restriction or prohibition; |
| 3. | He or she shall observe the matters prescribed by Presidential Decree and determined and publicly notified by the head of a Si/Gun/Gu for the protection of fishery resources, coordination of fishery business, etc. |
| (7) | Where a person who has filed a report on fishery business under paragraph (1) fails to observe the matters prescribed in paragraph (6), the head of a Si/Gun/Gu may restrict or suspend the reported fishery business. |
| (8) | Where a person who has filed a report on fishery business falls under any of the following cases, the report shall become invalid. In such cases, if the report becomes invalid on any ground prescribed in subparagraph 1 or 2, the person shall not be allowed to file a report on fishery business under paragraph (1) for a period of up to one year prescribed by Ordinance of the Ministry of Oceans and Fisheries from the date his or her report is deleted from the public register under paragraph (9) in consideration of the type of the reported fishery business, the grounds for invalidity, and other matters: |
| 1. | Where he or she fails to observe the matters prescribed in paragraph (6) on at least three occasions; |
| 2. | Where he or she violates any restriction on or suspension of the reported fishery business under paragraph (7) on at least two occasions; |
| 3. | Where there exists any ground to file a report on closure of the reported fishery business under Article 49 (3). |
| (9) | Where a report on fishery business becomes invalid pursuant to paragraph (8), the head of a Si/Gun/Gu shall, without delay, delete the report from the public register regarding reported fishery business and shall notify the relevant reporting person of the details thereof. |
| Article 49 (Changes in and Closure of Permitted and Reported Fishery Business) |
| (1) | Where a person granted permission for fishery business Articles 40 and 43 intends to change any permitted matter, he or she shall obtain permission for such change from, or file a report on the change with, a permitting authority. |
| (2) | Where a person who has filed a report on fishery business under Article 48 intends to change any reported matter, he or she shall file a report on such change with the administrative authority with which the report was filed. |
| (3) | Where a person who has been granted permission for, or has filed a report on, the relevant fishery business under Article 40, 43, or 48 closes or is no longer able to conduct such business, he or she shall file a report on such fact with the competent administrative authority. |
| (4) | Matters subject to permission for or a report on change, or to a report on business closure under paragraphs (1) through (3), procedures for such permission or report, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 50 (Provisions to Be Applied Mutatis Mutandis) |
| (1) | Articles 11 (1), 15, 18, 27 (1), (4), and (5) (limited to fishery business conducted by installing fishing gear in a certain area of waters, among fishery business within a demarcated zone of waters), 29 (1) through (3), 30 (1) and (3), 31, 33, subparagraphs 1, 3, 4, and 6 of Article 34, and Article 52 (1) 2 shall apply mutatis mutandis to permitted fishery business under Articles 40 and 43. |
CHAPTER IV FISH TRANSPORT SERVICES
| Article 51 (Registration of Fish Transport Services) |
| (1) | A person who intends to provide fish transport services shall file for registration of such services for each fishing vessel that is to be used therein with the head of a Si/Gun/Gu having jurisdiction over his or her domicile or the shipping port of such fishing vessel: Provided, That the person need not file for registration of the services in any of the following cases: |
| (2) | Standards for qualifications of fish transport service providers and standards for registration of fish transport services under paragraph (1) shall be prescribed by Presidential Decree, while standards for facilities for fish transport services and the types of catches or products made thereof that can be transported shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | With regard to a person whose registration of fish transport services is revoked under Article 52 (1) and the relevant fishing vessel, the head of a Si/Gun/Gu shall not allow the registration of fish transport services for up to one year from the date of such revocation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 52 (Restrictions on or Suspension or Revocation of Fish Transport Services) |
| (1) | Where a person who has filed for registration of fish transport services falls under any of the following cases, the head of a Si/Gun/Gu may restrict the person from providing the registered fish transport services, order him or her to suspend business for up to six months, or revoke the registration: |
| 1. | Where he or she transports aquatic animals or plants caught, harvested, or cultivated or products made thereof, in violation of fishery business-related statutes or regulations of a foreign country, fishery business-related agreements with a foreign country, or the following provisions: |
| (a) | Article 7 (1), 12, 15 (1), 27 (1) and (4), 31 (1), 33 (1), 34, 40 (1) through (3), 44, 48 (1), (4) and (6), 55, or 63; |
| 2. | Where he or she is sentenced to imprisonment without labor or heavier punishment for a violation of the Customs Act and such sentence becomes final, and the Commissioner of the Korea Customs Service requests suspension of his or her fishery business or revocation of registration thereof; |
| 3. | Where he or she violates Article 51, or Article 29 (1) through (3), 30 (1) and (3), 31, or 33 (1) 2, 3, and 7, subparagraph 1 of Article 34, or Article 49 (1), (3), and (4) that is applicable mutatis mutandis in Article 54; |
| 4. | Where he or she violates restrictions or conditions imposed under Article 12 or 44 that is applicable mutatis mutandis in Article 54; |
| 5. | Where he or she fails to comply with measures or orders prescribed by Presidential Decree pursuant to Article 67 (2) or 69 (1). |
| (2) | Standards and procedures for making a disposition under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 53 (Registration of Fish Processing Business) |
The registration of and a report on fish processing business shall be separately prescribed by other statutes.
| Article 54 (Provisions to Be Applied Mutatis Mutandis) |
CHAPTER V COORDINATION OF FISHERY BUSINESS
| Article 55 (Orders to Coordinate Fishery Business) |
| (1) | Where necessary for regulating fishery business, controlling sanitation, maintaining order in distribution, or coordinating fishery business, an administrative authority may order the following measures: |
| 1. | Restricting or prohibiting the disposal of catches or products made thereof; |
| 2. | Restricting or prohibiting areas for fishing operations for inshore fishery business; |
| 3. | Restricting the quota of permits for inshore fishery business, and other restrictions or prohibitions on permission for such business; |
| 4. | Number or qualifications of fishery owners and fishery workers; |
| 5. | Restrictions or prohibitions necessary for enforcing agreements with foreign countries relating to fishery business, generally accepted international laws, or statutes or regulations of foreign countries regarding fisheries; |
| 6. | Restrictions or prohibitions on packaging and containers of fishery products; |
| 7. | Designating places for landing or sale and purchase of aquatic animals or plants caught or harvested and products made thereof, or revocation of such designation. |
| (2) | Matters necessary for restrictions, prohibitions, etc. under the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree. |
| Article 56 (Adjustment of Fishing Areas) |
| (1) | Where necessary for coordinating fishery business among a Metropolitan City, a Do, and a Special Self-Governing Province (hereinafter referred to as “City/Do), the Minister of Oceans and Fisheries may adjust fishing areas by designating a joint fishing area or using other methods, as prescribed by Presidential Decree. |
| (2) | Where necessary for coordinating fishery business among a Si/Gun/autonomous Gu, a Mayor/Do Governor may adjust fishing areas by designating a joint fishing area or using other methods, as prescribed by Presidential Decree. |
| (3) | Where deemed particularly necessary for coordinating fishery business with regard to the establishment of a joint fishing area by fisheries cooperatives, fishing village fraternities, fishery owners, etc. by district or type of business, and to permission for or restrictions on fishing operations, and other matters regarding mutual agreement on adjustment of fishing areas, the Minister of Oceans and Fisheries or a Mayor/Do Governor may determine fishing areas, the period of, the number of vessels operated for, and conditions of, fishing operations, and other matters to permit or restrict the relevant operations, notwithstanding restrictions on or conditions of fishing areas under this Act or the Fishery Resources Management Act. |
| Article 57 (Determination of Quota of Permits) |
| (1) | Where the quota of permits for fishery business is determined under Article 40 (4) or 55 (1) 3, the status of fishery resources, the number of persons currently conducting the relevant fishery business, other natural and social conditions, etc. shall be taken into consideration. |
| (2) | Where the quota is determined under paragraph (1), such determination shall be subject to deliberation by the relevant fisheries mediation committee established under Article 95. |
| Article 58 (Restrictions on Bottoms of Fishing Vessels) |
| (1) | Where necessary for using fishery resources in a sustainable manner and coordinating fishery business, the Minister of Oceans and Fisheries may restrict the bottoms of a fishing vessel permitted for fishery business under Article 40. |
| (2) | Where the bottoms of a fishing vessel are restricted, the status of fishery resources, the number of persons conducting the relevant fishery business, other natural and social conditions, etc. shall be taken into consideration and such restriction shall be subject to deliberation by the Central Fisheries Mediation Committee established under Article 95. |
| (3) | Matters necessary for restricting the bottoms of a fishing vessel under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 59 (Equipment and Sizes of Fishing Vessels) |
| (1) | No fishing vessel shall be used for fishery business without having equipment prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | The size, age, and engine of a fishing vessel by type of fishery business, the number and sizes of auxiliary vessels, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 60 (Restrictions on Size of Fishing Gear) |
| (1) | Where deemed necessary for using fishery resources in a sustainable manner and coordinating fishery business, the Minister of Oceans and Fisheries may restrict, for each type of fishery business permitted pursuant to Article 40, the size, form, materials, quantity used, method of use of fishing gear, an area where the use of fishing gear is prohibited, the period of such prohibition, the standards of a net knot, and other matters (hereinafter referred to as “size, etc. of fishing gear”). |
| (2) | Matters necessary for restricting the size, etc. of fishing gear shall be prescribed by Presidential Decree: Provided, That a Mayor/Do Governor may separately determine and publicly notify the size of fishing gear, etc. used by any of the following persons to the extent that the size, etc. of fishing gear are restricted for each type of fishery business prescribed by Presidential Decree: |
| (3) | Where a Mayor/Do Governor intends to determine and publicly notify the size, etc. of fishing gear under the proviso, with the exception of the subparagraphs, of paragraph (2), he or she shall hear the opinions of the National Institute of Fisheries Science regarding the following matters and submit the relevant matter to the competent City/Do fisheries mediation committee established under Article 95 for deliberation: |
| 1. | Whether to affect the reproduction and protection of fishery resources subject to the use of fishing gear; |
| 2. | Effects on other fishery business. |
| Article 61 (Verification of Size of Fishing Gear) |
| (1) | Where a person granted permission for fishery business or a relevant person requests verification of whether the size, etc. of fishing gear , etc. are appropriate, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require a specialized institution prescribed by Presidential Decree to conduct such verification: Provided, That the person may request verification only with respect to the size, etc. of his or her fishing gear. |
| (2) | Procedures for verifying the size, etc. of fishing gear under paragraph (1), methods of indicating the results of such verification, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 62 (Designation of Leisure Fishing Grounds) |
| (1) | In order to promote the common interests of fishers, any fishing village fraternity, a fisheries partnership, or a district fisheries cooperative may operate a leisure fishing ground (referring to a fishing ground for sightseeing, including a field study and pleasure fishing; hereinafter the same shall apply) in a certain area of waters designated by the head of a Si/Gun/Gu to the extent that such operation does not interfere with any fishery business prescribed by Presidential Decree among fishery business for which the fishing village fraternity, fisheries partnership, or district fisheries cooperative obtains a license and permission. |
| (2) | The validity period of a designated leisure fishing ground shall expire on the date of the expiry of the validity period of the fishery business licensed or permitted for the leisure fishing ground. In such cases, if at least two fishery business is licensed or permitted for any waters designated as a leisure fishing ground, its validity period shall expire on the date of the expiry of the validity period of the licensed or permitted fishery business, whichever is earlier. |
| (3) | Where a fishing village fraternity, a fisheries partnership, or a district fisheries cooperative files an application for designation of a leisure fishing ground under paragraph (1), it shall determine methods of leisure fishing, fees for use, matters to be observed by users, and other matters regarding the management and operation of the leisure fishing ground, and shall attach them to the application, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | Where an application for designation is filed pursuant to paragraph (1), the head of a Si/Gun/Gu shall designate a leisure fishing ground except in any of the following cases: |
| 1. | Where the methods of leisure fishing, fees for use, matters to be observed by users, and other matters regarding the management and operation of the leisure fishing ground determined under paragraph (3) are deemed inappropriate; |
| 2. | Where the leisure fishing ground fails to meet the standards for designation prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as for the area and facilities of a leisure fishing ground; |
| 3. | Where other restrictions under this Act or other statutes or regulations are violated. |
| (5) | Matters necessary for the management and operation of leisure fishing grounds shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, including the designation of leisure fishing grounds, the development of fishery resources in leisure fishing grounds, the types of aquatic animals or plants to be caught or harvested, methods of catching and harvesting them, regulations on the management of leisure fishing grounds, the operation of service vessels, standards for facilities of leisure fishing grounds, the access of users to leisure fishing grounds, and the prevention of safety accidents and environmental pollution in leisure fishing grounds. In such cases, aquatic animals or plants in leisure fishing grounds may be caught or harvested using separately-determined methods other than those used in fishery business prescribed in Articles 7, 40, 43, and 48. |
| (6) | Where a leisure fishing ground is not managed and operated under paragraph (5), the head of a Si/Gun/Gu may issue a corrective order or revoke the relevant designation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 63 (Prohibition of Fishery Business Other than That Licensed, Permitted, or Reported) |
No person shall catch or harvest aquatic animals or plants using methods other than those used in fishery business under this Act or the Fishery Resources Management Act.
| Article 64 (Fishery Business in Exclusive Economic Zones of Foreign Countries) |
| (1) | A person who intends to conduct fishery business in an exclusive economic zone of a foreign country which has concluded an agreement on fishery business with the Government of the Republic of Korea shall obtain permission for such business from the relevant administrative authority of the foreign country. |
| (2) | A person who conducts fishery business in an exclusive economic zone of a foreign country which has concluded an agreement on fishery business with the Government of the Republic Korea shall comply with an order to stop a fishing vessel or to sail back, which is issued by the competent administrative authority of the foreign country to prevent illegal fishery business. |
| Article 65 (Removal of Fishing Gear or Facilities) |
| (1) | A fishery right holder or a person granted permission for fishery business shall remove fishing gear or facilities installed in the relevant fishing ground or the waters within the period prescribed by Ordinance of the Ministry of Oceans and Fisheries when the relevant fishery right or permission becomes invalid or the period of conducting fishery business ends: Provided, That where it is impracticable to remove the fishing gear or facilities or where such removal is deemed unnecessary, exemption from the obligation to remove the gear or facilities may be given by a Mayor/Do Governor in the case of inshore fishery business and by the head of a Si/Gun/Gu in the case of licensed fishery business, coastal fishery business, and fishery business within a demarcated zone of waters at the request of the relevant person obligated to do so. |
| (2) | Where a person obligated to remove fishing gear or facilities is exempted from such obligation under the proviso of paragraph (1), he or she shall be deemed to surrender the ownership of such fishing gear, facilities, and aquaculture products. |
| (3) | Where a person obligated to remove fishing gear, facilities, or aquaculture products under paragraph (1) fails to do so even after the period of such removal ends, an administrative authority may remove such fishing gear, facilities, or aquaculture products, as prescribed by the Administrative Vicarious Execution Act. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to fishing gear or facilities installed by a person without a license or permission for fishery business and to aquaculture products. |
| Article 66 (Installation and Protection of Signs) |
| (1) | An administrative authority may order fishery owners to install signs on fishing grounds and fishing vessels. |
| (2) | No person shall move, destroy, modify, or conceal any sign installed under paragraph (1). |
| (1) | Where the Minister of Oceans and Fisheries deems that an order and disposition issued and made by a Mayor/Do Governor or the head of a Si/Gun/Gu is in violation of this Act or an order under this Act or where a Mayor/Do Governor (excluding a Special Self-Governing Province Governor) deems that an order and disposition issued and made by the head of a Si/Gun/Gu is in violation of this Act or an order under this Act, he or she may issue an order to take corrective measures within a specified period, fully or partially suspend or revoke such order or disposition, or take other necessary measures. |
| (2) | An administrative authority may take necessary measures against fishers, fish transport service providers, fish transport service workers, or fish product processors, as prescribed by Presidential Decree, where such measures are deemed particularly necessary as part of fisheries policies. |
| Article 68 (Revocation of Marine Officers’ Licenses) |
| (1) | Where a fishery worker or a fish transport service worker violates this Act or the Fishery Resources Management Act or an order issued under this Act or the Fishery Resources Management Act, an administrative authority may request the head of a relevant administrative agency to revoke or suspend his or her marine officer’s license or to reprimand him or her. |
| (2) | Upon receipt of a request under paragraph (1), the head of a relevant administrative agency shall comply with such request. |
| Article 69 (Public Officials Supervising Fishery Business) |
| (1) | Where deemed necessary for coordinating fishery business, ensuring safe fishing operations, preventing illegal fishery business, and establishing order in distribution of fishery products, a public official supervising fishery business may have access to a fishing ground, a fishing vessel, a place of business, an office, a warehouse, or other places to inspect books, documents, and other goods or to ask relevant persons questions, and may issue an order to stop a vessel or sail back. |
| (2) | Where necessary for coordinating fishery business and taking other measures, an administrative authority may have a public official supervising fishery business enter other persons' land to conduct a survey or an inspection, and may have him or her move or remove an object that obstructs such survey or inspection if unavoidable. |
| (3) | A public official supervising fishery business who performs the duties under paragraphs (1) and (2) shall carry identification verifying his or her authority and present it to relevant persons. |
| (4) | Matters necessary for an order to stop a vessel or sail back, a survey or an inspection, and identification and qualifications of a public official supervising fishery business under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 70 (Judicial Police Power) |
CHAPTER VI MANAGEMENT OF FISHING GEAR
| Article 71 (Reporting on Business of Manufacturing or Selling Fishing Gear) |
| (1) | A person who intends to engage in the business of manufacturing fishing gear to sell, or distribute or supply without any consideration (hereinafter referred to as “fishing gear manufacturing business”) such fishing gear (hereinafter referred to as “fishing gear manufacturer”) and a person who intends to engage in the business of selling (including importation for distribution or supply; hereinafter referred to as “fishing gear selling business”) fishing gear (hereinafter referred to as “fishing gear seller”) shall file a report thereon with the head of the competent Si/Gun/Gu. |
| (2) | Where a fishing gear manufacturer or a fishing gear seller (hereinafter referred to as “fishing gear manufacturer, etc.”) changes any matter prescribed by Ordinance of the Ministry of Oceans and Fisheries, among the matters reported under paragraph (1), or closes his or her business, he or she shall file a report thereon with the head of the competent Si/Gun/Gu within 30 days from the date of such change or business closure. |
| (3) | The head of a Si/Gun/Gu shall notify a reporting person of whether his or her report is accepted or of an extension of the period of processing such report under statutes or regulations related to the processing of civil petitions, within seven days from the date of receipt of the report under paragraphs (1) and (2). |
| (4) | Where the head of a Si/Gun/Gu fails to notify a reporting person of whether his or her report is accepted or of an extension of the period of processing such report under statutes or regulations related to processing civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the date of the expiry of such period (referring to the extended or re-extended period, where the period is extended or re-extended under statutes or regulations related to processing civil petitions). |
| (5) | Except as provided in paragraphs (1) through (4), matters regarding procedures, etc. for filing a report on, a report on change in, or a report on closure of, fishing gear manufacturing business or fishing gear selling business (hereinafter referred to as “fishing gear manufacturing business, etc.”) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 72 (Obligations of Fishing Gear Manufacturers and Sellers) |
| (1) | A fishing gear manufacturer, etc. shall keep a record of the types of the fishing gear that they manufacture or sell, the purchasers and quantities thereof, and other matters (including a computerized record), as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall retain such record for three years. |
| Article 73 (Suspension of Business) |
| (1) | Where a fishing gear manufacturer, etc. fall under any of the following cases, the head of a Si/Gun/Gu may order them to suspend their business for up to three months or to close their business, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That in cases falling under subparagraph 1 or 2, an order to close business shall be issued: |
| 1. | Where they file a report on fishing gear manufacturing business, etc. by fraud or other improper means; |
| 2. | Where they conduct their business during the period of suspension thereof; |
| 3. | Where they fail to keep the whole or part of a record prescribed in Article 72; |
| 4. | Where they keep a false record or damage or remove a record prescribed in Article 72; |
| (2) | Upon receipt of an order to close business under paragraph (1), a person shall not be allowed to file a report on fishing gear manufacturing business, etc. unless one year has elapsed from the date of such business closure. |
| Article 74 (Restrictions on Quantity of Fishing Gear to Be Sold) |
| (1) | The Minister of Oceans and Fisheries may restrict the quantity of fishing gear to be sold, places and methods for selling fishing gear, and other matters, in any of the following cases: |
| 1. | Where necessary for increasing and protecting fishery resources; |
| 2. | Where necessary for preventing marine pollution; |
| 3. | In cases prescribed by Ordinance of the Ministry of Oceans and Fisheries for the mediation of disputes related to fishery business, prevention of safety accidents, and other matters. |
| (2) | Matters necessary for procedures for restricting the quantity of fishing gear to be sold, places and methods for selling fishing gear, and other matters. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 75 (Fact-Finding Surveys) |
| (1) | The Minister of Oceans and Fisheries may conduct a fact-finding survey regarding the manufacture, distribution, use, and management of fishing gear and the collection and disposal of discarded or lost fishing gear in order to efficiently manage fishing gear. |
| (2) | Where necessary for conducting a fact-finding survey under paragraph (1), the Minister of Oceans and Fisheries may request submission of related data, statement of opinions, etc. from the head of a relevant central administrative agency, the head of a local government, the head of a public institution under the Act on the Management of Public Institutions, the head of a related institution or organization, or a fishing gear manufacturer, etc. In such cases, a person requested to submit data or to state his or her opinion shall comply with such request unless there is a compelling reason not to do so. |
| (3) | The scope and methods of a fact-finding survey conducted under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 76 (Real Name System for Fishing Gear) |
| (1) | Where a fisher prescribed by Presidential Decree installs fishing gear in any waters prescribed in the subparagraphs of Article 3 or in the waters provided in Article 3 of the Inland Water Fisheries Act (hereinafter referred to as “waters”) to conduct fishing activities, he or she shall indicate on each fishing gear its owner and other matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | Matters regarding methods, etc. of indicating fishing gear under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 77 (Designation of Sea Areas Where Fishing Gear Is Collected and Period of Collection) |
| (1) | Where deemed necessary for protecting fishery resources and preventing marine pollution, an administrative authority may designate a sea area where fishing gear is collected and the period of such collection following deliberation by the competent fisheries mediation committee established under Article 95. |
| (2) | Where an administrative authority designates a sea area where fishing gear is collected and the period of such collection under paragraph (1), it shall notify a person granted permission for fishery business under Article 15, 40, 43, or 46 of such fact, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Where an administrative authority designates a sea area where fishing gear is collected and the period of such collection under paragraph (1), it may order a person granted permission for fishery business conducted in such sea area to collect the fishing gear that he or she has installed in waters or may restrict fishery business under Article 33 (1) 1 applicable mutatis mutandis in Article 50. |
| (4) | The period of collecting fishing gear under paragraph (1) shall not exceed one month: Provided, That the period may be extended by up to 15 days only once, if such extension is necessary due to the conditions of a sea area, an act of God, etc. |
| (5) | An administrative authority may collect and dispose of fishing gear under Article 78 (1), if it is not collected during the period of collecting fishing gear prescribed in paragraph (3). |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for procedures for restricting fishery business, orders to collect fishing gear, the period of such collection, etc. shall be prescribed by Presidential Decree. |
| Article 78 (Direct Collection of Discarded Fishing Gear) |
| (1) | An administrative authority may collect fishing gear discarded or lost in waters to dispose of or keep it, conduct surveys, measurements, or other activities in relation thereto, or operate vessels or facilities necessary therefor. |
| (3) | An administrative authority may require the owner of discarded or lost fishing gear to bear all or part of the expenses incurred in collecting, disposing of, or keeping such discarded or lost fishing gear under paragraph (1), as prescribed by Presidential Decree: Provided, That this shall not apply where an act of God occurs or in cases prescribed by Presidential Decree. |
| Article 79 (Establishment of Fishing Gear Stations) |
| (1) | An administrative authority may establish and operate a station for the collection and disposal of discarded or lost fishing gear or a place for keeping fishing gear (hereinafter referred to as “station, etc.”). |
| (2) | The head of a Si/Gun/Gu shall prepare and maintain a management register of discarded or lost fishing gear taken into or out of a station, etc. |
| (3) | Detailed standards for the establishment and operation of a station, etc., entries in a management register, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 80 (Business Related to Collection and Disposal of Discarded Fishing Gear) |
| (1) | An administrative authority may conduct or support any business related to the collection and disposal of discarded fishing gear, such as the business of purchasing discarded fishing gear, as prescribed by Presidential Decree. |
| (2) | For residents in an area where a station, etc. are established, a Mayor/Do Governor or the head of a Si/Gun/Gu may conduct a program for supporting them, such as improving its surroundings. |
| Article 81 (Facilitation of Retrieval of Fishing Gear and Buoys) |
| (1) | Where a person who manufactures or imports fishing gear or buoys prescribed by Presidential Decree (hereinafter referred to as "fishing gear, etc.") shall include a separate amount other than the price of the release or importation of fishing gear, etc. (hereinafter referred to as "fishing gear deposit") in that of the relevant product when manufacturing or importing such fishing gear, etc., in order to facilitate the retrieval thereof. In such cases, a fishing gear deposit shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries in consideration of the price of the release or of the importation of fishing gear, etc., and other matters. |
| (2) | A person who manufactures or imports fishing gear, etc. under paragraph (1) (hereinafter referred to as "business entity subject to a deposit") shall transfer the fishing gear deposit paid by a person who purchases fishing gear, etc. to the Fishing Gear Deposit Management Center established under Article 83, which shall check the fishing gear, etc. returned and give the deposit back to the person who returns them: Provided, That where a person who has purchased fishing gear, etc. is deemed unable to return them due to an act of God or other reasons prescribed by Presidential Decree, the Fishing Gear Deposit Management Center shall give back the relevant fishing gear deposit to the person, as prescribed by Presidential Decree. |
| (3) | The Fishing Gear Deposit Management Center shall reimburse business entities subject to a deposit for expenses incurred in handling fishing gear deposits (hereinafter referred to as "handling fees"). In such cases, the Minister of Oceans and Fisheries shall determine and publicly notify handling fees in consideration of economic conditions, such as price fluctuations. |
| (4) | A business entity subject to a deposit shall provide information on the sale of fishing gear, etc., including fishing gear deposits, to the Fishing Gear Deposit Management Center in order to return a fishing gear deposit and to reimburse and manage handling fees in an efficient manner, and shall indicate a phrase regarding the return of a fishing gear deposit on fishing gear, etc. the price of which includes the deposit. |
| (5) | Matters regarding methods of transferring fishing gear deposits, places and methods for returning fishing gear, etc., the indication of a phrase regarding the return of the deposits, and other matters shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[Enforcement Date: Jan. 12, 2024] Article 81
| Article 82 (Use of Unreturned Deposits) |
| (1) | The Fishing Gear Deposit Management Center shall use the amount left after a fishing gear deposit is returned under Article 81 (2) (hereinafter referred to as “unreturned deposit”) for any of the following purposes: |
| 1. | Public relations to increase the rate of retrieving fishing gear, etc.; |
| 2. | Installation and operation of relevant facilities for the storage of fishing gear, etc., a hub of the retrieval thereof, etc.; |
| 3. | Research on, and development of, measures to efficiently collect and dispose of fishing gear, etc.; |
| 4. | Where the amount of fishing gear deposits paid in the previous year exceeds the amount of fishing gear deposits received in the previous year, the compensation for the difference; |
| 5. | Expenses incurred in retrieving fishing gear, etc.; |
| 6. | Reimbursement of handling fees; |
| 7. | Expenses incurred in the execution, management, etc. of fishing gear deposits and handling fees; |
| 8. | Programs to support local residents, including fishers; |
| 9. | Other activities for the conservation of the marine environment. |
| (2) | The Fishing Gear Deposit Management Center shall submit an annual report on a plan for using unreturned deposits and the results of such use to the Minister of Oceans and Fisheries. |
| (3) | Other matters necessary for the calculation of unreturned deposits, plans for using them, reports on the results of such use, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[Enforcement Date: Jan. 12, 2024] Article 82
| Article 83 (Fishing Gear Deposit Management Center) |
| (1) | The Minister of Oceans and Fisheries shall establish and operate a Fishing Gear Deposit Management Center to systematically manage fishing gear deposits. |
| (2) | The Fishing Gear Deposit Management Center shall perform the following business: |
| 1. | Return and management of fishing gear deposits under Article 81 (2); |
| 2. | Reimbursement and management of handling fees under Article 81 (3); |
| 3. | Management of unreturned deposits under Article 82; |
| 4. | Other business deemed necessary by the Minister of Oceans and Fisheries to operate the system for fishing gear deposits. |
| (2) | Matters necessary for the establishment and operation of the Fishing Gear Deposit Management Center under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[Enforcement Date: Jan. 12, 2024] Article 83
| Article 84 (Financial and Technical Support) |
| (1) | The State may provide the Fishing Gear Deposit Management Center with financial and technical support necessary for efficiently managing and operating the system for fishing gear deposits, such as an improvement in the rate of retrieving fishing gear, etc., within the budget. |
| (2) | Matters regarding recipients of, procedures for, and methods of, financial and technical support provided under paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[Enforcement Date: Jan. 12, 2024] Article 84
CHAPTER VII PROMOTION OF FISHERIES
| Article 85 (Restructuring of Inshore Fishery Business) |
Matters necessary for restructuring and supporting inshore fishery business, coastal fishery business, fishery business within a demarcated zone of waters, and set-net fishery business shall be separately prescribed by other statutes.
[Enforcement Date: Jul. 12, 2022] Article 85
| Article 86 (Implementation of Pilot Projects for Deregulation of Fishery Business) |
| (1) | Where necessary for using fishery resources in a sustainable manner and coordinating fishery business, the Minister of Oceans and Fisheries may implement a pilot project to which the following is applied differently for a person meeting the requirements prescribed by Presidential Decree. In such cases, the pilot project shall be subject to deliberation by the Central Fisheries Mediation Committee established under Article 95: |
| 1. | Matters regarding permitted fishery business under Article 40 (4); |
| 3. | Restrictions on and conditions of permitted fishery business under Article 44; |
| 4. | Orders to coordinate fishery business and take other measures issued under Article 55; |
| 5. | Restrictions on bottoms of fishing vessels under Article 58; |
| 6. | Equipment and sizes of fishing vessels under Article 59; |
| 7. | Restrictions on the size, etc. of fishing gear under Article 60; |
| 8. | Other matters prescribed by Presidential Decree as deemed necessary for using fishery resources in a sustainable manner and coordinating fishery business. |
| (2) | Matters necessary for the details applied differently under paragraph (1), the period of such application, procedures for selecting eligible persons, etc. shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 87 (Management of City/Do Coastal Resources) |
| (1) | Where a Mayor/Do Governor fulfills obligations prescribed by Presidential Decree, such as restricting catches, for the management of fishery resources, he or she may separately determine and publicly notify matters regarding restrictions on the size, etc. of fishing gear prescribed in Article 60 in order to use fishery resources in a sustainable manner and to coordinate fishery business in the waters under his or her jurisdiction, notwithstanding the Fishery Resources Management Act. |
| (2) | Where a Mayor/Do Governor intends to separately determine the matters under paragraph (1), he or she shall file an application for approval thereof with the Minister of Oceans and Fisheries following deliberation by the relevant City/Do fisheries mediation committee established under Article 95. |
| (3) | Where necessary for the protection of fishery resources, coordination of fishery business, etc., the Minister of Oceans and Fisheries may request a Mayor/Do Governor to correct or supplement the matters subject to an application for approval pursuant to paragraph (2). |
| (4) | Upon receipt of an application for approval under paragraph (2), the Minister of Oceans and Fisheries shall determine whether to grant approval, taking into account the opinion of the National Institute of Fisheries Science, matters corrected or supplemented under paragraph (3), impacts on the protection of fishery resources or coordination of fishery business, and other matters, and shall notify the relevant Mayor/Do Governor of his or her determination. |
CHAPTER VIII COMPENSATION, SUBSIDIES, AND RULING
| Article 88 (Compensation) |
| (1) | A person who sustains a loss caused by any of the following dispositions may claim compensation for such loss against the administrative authority that has made such disposition: |
| 1. | Where restrictions, etc. are imposed on licensed, permitted, or reported fishery business under this Act on any ground falling under Article 33 (1) 1 through 6 or subparagraph 6 of Article 34 (referring to cases falling under Article 33 (1) 1 through 6) or where an extension of the validity period of a license for fishery business is not permitted under Article 14: Provided, That this shall not apply where permitted or reported fishery business is restricted on any ground falling under Article 33 (1) 1 through 3 (referring to cases applicable mutatis mutandis in Article 50 (1) and (3)); |
| 2. | Where an order to move or remove an object that obstructs a survey or an inspection is issued under Article 69 (2). |
| (2) | Where there exists any person who benefits from a disposition that results in compensation under paragraph (1) (hereafter in this Article referred to as “beneficiary”), the administrative authority that has made such disposition may require the beneficiary to bear all or part of the relevant compensation within the extent of the benefits that he or she earns. In such cases, if the beneficiary fails to pay the amount to be borne by him or her, such amount shall be collected in the same manner as national taxes are compulsorily collected. |
| (3) | No beneficiary shall commence any act or construction work which causes a loss to a person entitled to claim compensation under paragraph (1), unless the beneficiary pays such compensation in advance: Provided, That this shall not apply where the beneficiary obtains the consent of the person entitled to claim the compensation. |
| (4) | Standards and methods for paying compensation under paragraph (1) and other matters necessary for compensation shall be prescribed by Presidential Decree. |
| Article 89 (Compensation for Damage Caused by Water Contamination) |
| (1) | Where water contaminated on any of the following grounds results in damage to licensed fishery business, the operator of the relevant facilities that cause such contamination shall duly compensate the person who sustains the damage therefor, as prescribed by relevant statutes or regulations: |
| 1. | Construction work or operations conducted in industrial facilities or any other place of business; |
| 3. | Development, etc. of submarine mining areas. |
| (2) | Where the operator of the facilities that have caused contamination under paragraph (1) transfers his or her business after damage has occurred, the operator of the facilities at the time of occurrence of such damage and the transferee of the facilities shall jointly and severally compensate for the damage. |
| Article 90 (Deposit of Compensation) |
| (1) | Compensation under Article 88 shall be deposited in any of the following cases: |
| 1. | Where a person entitled to compensation rejects or avoids the receipt thereof; |
| 2. | Where the domicile or residence of the person entitled to compensation is uncertain; |
| 3. | Where there exists a right holder who registers or records a fishery right, land, or an object that is a subject matter of compensation: Provided, That a deposit need not be made if the right holder gives his or her consent. |
| (2) | Where compensation is deposited under the main clause of paragraph (1) 3, a right holder who registers or records or a party to a lawsuit may exercise his or her right to the amount deposited. |
| Article 91 (Rulings on Fishery Activities by Piscary Holders) |
| (1) | Where there arises a dispute over fishery activities by a piscary holder under Article 39 (1) or where the parties fail, or are unable, to reach mutual agreement under paragraph (2) of that Article, a fishery right holder or a piscary holder may file an application for a ruling thereon with a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (2) | Upon receipt of an application for a ruling under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall make a ruling following deliberation by the competent City/Do or Si/Gun/Gu fisheries mediation committee established under Article 95. |
| Article 92 (Rulings on Fishing Ground Zones) |
| (1) | Where a dispute arises over fishing ground zones, the scope of fishery rights, reserves, or methods used in fishery business, a relevant person may file an application for a ruling thereon with a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu makes a ruling pursuant to paragraph (1), he or she shall submit the relevant case to the competent City/Do or Si/Gun/Gu fisheries mediation committee established under Article 95 for deliberation. |
| (1) | Where deemed necessary for encouraging and promoting fisheries, an administrative authority may provide subsidies or loans. |
| (2) | Business eligible for subsidies under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for standards, procedures, etc. for providing loans shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 94 (Detailed Rules regarding Compensation, Subsidies, and Rulings) |
Except as provided in this Chapter, details necessary for compensation, subsidies, and rulings shall be prescribed by Presidential Decree.
CHAPTER IX FISHERIES MEDIATION COMMITTEE
| Article 95 (Establishment of Fisheries Mediation Committees) |
In order to deliberate on matters regarding coordination, compensation, or rulings with regard to fishery business or matters regarding aquaculture business, etc., the Central Fisheries Mediation Committee shall be established in the Ministry of Oceans and Fisheries, and a City/Do or Si/Gun/Gu fisheries mediation committee in each City/Do or Si/Gun/autonomous Gu.
| Article 96 (Functions of Fisheries Mediation Committees) |
| (1) | The Central Fisheries Mediation Committee shall perform the following functions: |
| 1. | Mediating disputes over each fishery business in advance or ex post facto; |
| 2. | Mediating disputes over fishery business between Cities/Dos; |
| 3. | Deliberating on basic plans; |
| 4. | Deliberating on restrictions on bottoms of fishing vessels under Article 58 (1); |
| 5. | Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business; |
| 6. | Advising the Minister of Oceans and Fisheries on matters brought to its meetings; |
| (2) | A City/Do fisheries mediation committee shall perform the following functions: Provided, That in the case of a Special Self-Governing Province, the City/Do fisheries mediation committee shall serve concurrently as a Si/Gun/Gu fisheries mediation committee: |
| 1. | Deliberating on and mediating compensation for losses to and disputes over fishery business; |
| 2. | Mediating disputes over fishery business between Sis/Guns/autonomous Gus; |
| 3. | Deliberating matters regarding permission for temporary fishery business; |
| 4. | Deliberating on implementation plans; |
| 5. | Deliberating on the details of restrictions on the size, etc. of fishing gear under the proviso, with the exception of the subparagraphs, of Article 60 (2); |
| 6. | Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business; |
| 7. | Advising a Mayor/Do Governor on matters brought to its meetings; |
| (3) | A Si/Gun/Gu fisheries mediation committee shall perform the following functions: |
| 1. | Mediating compensation for losses to and disputes over fishery business; |
| 2. | Deliberating on development plans; |
| 3. | Deliberating on matters regarding eligibility for licensed fishery business under Article 7 and priorities in granting licenses; |
| 4. | Deliberating on matters regarding the management of fishing grounds, such as fishing ground management rules for communal fishery business; |
| 5. | Recommending matters necessary for the development of fisheries and the maintenance of order in fishery business; |
| 6. | Recommending various types of regulation of fishery business for the protection and management of resources; |
| 7. | Advising the head of a Si/Gun/Gu on matters brought to its meetings; |
| (4) | Where necessary for coordinating fishery business, the Minister of Oceans and Fisheries or a Mayor/Do Governor may convene a meeting of a joint fisheries mediation committee. In such cases, matters necessary for the organization, operation, etc. of the joint fisheries mediation committee shall be prescribed by Presidential Decree. |
| (5) | Where necessary for the activities of a relevant fisheries mediation committee established under Article 95, it may request relevant persons to appear before its meeting or submit materials or may request an administrative authority to ask relevant public officials questions or conduct investigations. In such cases, upon receipt of such request, the administrative authority shall comply therewith unless there is a compelling reason not to do so. |
| Article 97 (Composition and Operation of Fisheries Mediation Committees) |
| (1) | A fisheries mediation committee established under Article 95 shall be composed of fishers' representatives and persons with extensive knowledge of and experience in fisheries. |
| (2) | The Central Fisheries Mediation Committee shall be composed of up to 19 members, including one chairperson and one vice chairperson. |
| (3) | The Vice Minister of Oceans and Fisheries shall serve as the chairperson of the Central Fisheries Mediation Committee, and the vice chairperson shall be appointed by the Minister of Oceans and Fisheries from among members in general service of the Senior Executive Service. |
| (4) | The appointment and terms of office of members of the Central Fisheries Mediation Committee and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | A fishery business mediation committee may be established under the Central Fisheries Mediation Committee to efficiently and professionally mediate disputes prescribed in Article 96 (1) 1 and 2. In such cases, mediation by the fishery business mediation committee shall be deemed mediation by the Central Fisheries Mediation Committee. |
| (6) | The composition and operation of a City/Do or Si/Gun/Gu fisheries mediation committee and the fishing affairs mediation committee under paragraph (5), and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 98 (Service of Documents by Public Notice) |
| (1) | Where it is impracticable to serve a document necessary for notifying this Act or an order, a disposition, etc. issued or made under this Act because the domicile or residence of a person to be given such notice is uncertain or where any other reason exists, an administrative authority shall make a public announcement thereof, as prescribed by Presidential Decree. |
| (2) | Where an administrative authority makes a public announcement under paragraph (1), the relevant document shall be deemed served on the date 30 days after the date of such public announcement. |
| Article 99 (Imposition of Penalty Surcharges) |
| (1) | Where an administrative authority intends to restrict or suspend licensed fishery business, etc. on any ground prescribed in Article 33 (1) 8 or 9 (including cases applicable mutatis mutandis in Article 50), or Article 52 (1) 3 through 5, it may impose a penalty surcharge not exceeding 100 million won in lieu of such restriction or suspension. |
| (2) | The amount of a penalty surcharge to be imposed under paragraph (1) for a violation, depending on the type, severity, etc. thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Penalty surcharges collected under paragraphs (1) and (3) shall be used by the competent collecting agency (including subsidies or loans) but shall not be used for any purpose other than activities for fishery business guidance. |
| (5) | Procedures for using penalty surcharges collected under paragraphs (1) and (3), purposes of such use, and other necessary matters shall be prescribed by Presidential Decree. |
| (6) | An administrative authority shall establish and implement a plan to manage the penalty surcharges collected. |
The Minister of Oceans and Fisheries may grant an award to a person who notifies the relevant agency of a violator of this Act or an order issued under this Act, a person who helps arrest such violator, or any other person who particularly contributes to protecting fishery resources and establishing order in fishery business, as prescribed by Presidential Decree.
| Article 101 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries may delegate part of his or her authority granted under this Act to the head of an agency under his or her jurisdiction or a Mayor/Do Governor, and a Mayor/Do Governor to the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree. |
A person who files an application for any license, permission, approval, or registration or files an application or a report on any change thereto under this Act shall pay a fee, as prescribed by Ordinance of the Ministry of Oceans and Fisheries (limited to an application filed with the Minister of Oceans and Fisheries) or by ordinance of each City/Do or Si/Gun/autonomous Gu (limited to an application filed with a Mayor/Do Governor or the head of a Si/Gun/Gu).
Where an administrative authority intends to make any of the following dispositions, it shall hold a hearing:
| 2. | Revoking licensed fishery business under Article 34 (including cases applicable mutatis mutandis in Article 50); |
| 3. | Revoking a license, or restricting, suspending, or prohibiting fishing activities by a piscary holder under Article 39 (4); |
| 4. | Ordering the suspension of business or revoking registration under Article 52; |
| 7. | Ordering the suspension of, or closing, business under Article 73. |
| Article 104 (Establishment of Fisheries Database) |
| (1) | In order to obtain data necessary for determining reasonable policies on fisheries, the Minister of Oceans and Fisheries shall survey the status of fishing operations and the amount of catches by type of business and waters, the current state of distribution of fishery resources, and other matters to establish, maintain, and manage fisheries database. |
| (2) | In order to establish fisheries database under paragraph (1), a person who is granted permission for fishery business under Article 40 or 43 and a person who files for registration of fish transport services under Article 51 shall report to the Minister of Oceans and Fisheries the status of fishing operations, the amount of catches and transshipment, and other matters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Where necessary for establishing fisheries database under paragraph (1), the Minister of Oceans and Fisheries request that the head of a relevant central administrative agency, the head of a local government, or the head of a fisheries cooperative or the Chairperson of the Federation under the Fisheries Cooperatives Act submit related data. In such cases, upon receipt of a request for submitting data, the head of a relevant agency shall comply therewith unless there is a compelling reason not to do so. |
| Article 105 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER XI PENALTY PROVISIONS
| Article 106 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who conducts fishery business without obtaining a fishery right under this Act; |
| 2. | A person who fails to comply with a disposition, such as restricting or suspending fishery business or mooring a fishing vessel, under Article 33 (1) 2 or 3 (including cases applicable mutatis mutandis in Article 50 (1)); |
| 3. | A person who run fisheries without obtaining permission for or filing for registration of such business under Article 40 (1) through (3), 43, or 51 (1); |
| 4. | A person who catches or harvests aquatic animals or plants, in violation of Article 63. |
| (2) | In cases falling under paragraph (1), imprisonment with labor and a fine may be imposed concurrently. |
| Article 107 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won:
| 1. | A person who obtains a license or permission or files for registration under Articles 7 (1), 15 (1), 40 (1) through (3), 43, or 51 (1) by fraud or other improper means; |
| 2. | A person who transfers, divides, modifies, or provides as security a fishery right, or a person who has a fishery right so transferred, divided, or provided as security, in violation of Article 19 (1) or (3) or 21; |
| 3. | A person who uses a vessel not designated as a service vessel, in violation of Article 27 (1) (including cases applicable mutatis mutandis in Article 50 (2)); |
| 4. | A person who uses a service vessel to catch or harvest aquatic animals or plants in waters which is not a fishing ground zone designated or approved, in violation of Article 27 (4) (including cases applicable mutatis mutandis in Article 50 (2)); |
| 5. | A person having de facto control over the management of fishery business, a fishery right holder, or a person with permission for fishery business who allows a third party to have de facto control over the management of such fishery business, in violation of Article 31 (1) (including cases applicable mutatis mutandis in Article 50 (1) or 54); |
| 6. | A person who leases a fishery right to or from a third party, in violation of Article 32; |
| 7. | A person who engages in the bycatch of aquatic animals, in violation of Article 42 (1); |
| 8. | A person who transports aquatic animals or plants or products made thereof under Article 52 (1) 1; |
| 9. | A person who violates an order to coordinate fishery business, etc. under Article 55. |
| Article 108 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
| 1. | A person who conducts an activity that damages the relevant facilities or that interferes with the exercise of a fishery right in any reserve, in violation of Article 28 (2); |
| 2. | A person who conducts a fishing activity prescribed in the subparagraphs of Article 28 (4) in any reserve, in violation of Article 28 (4); |
| 3. | A person who fails to comply with a disposition, such as restricting or suspending fishery business or mooring a fishing vessel, in violation of Article 33 (1) 1, 4, 6, 8, or 9 (including cases applicable mutatis mutandis in Article 50) or 52 (1) 2; |
| 4. | A person who flees to the Republic of Korea failing to comply with an order to stop his or her vessel or to sail back, while catching or harvesting aquatic animals or plants without permission for fishery business in an exclusive economic zone of a foreign country prescribed by Presidential Decree, in violation of Article 64 (1) and (2); |
| 5. | A person who fails to install a sign on a fishing vessel, in violation of Article 66; |
| 6. | A person who fails to cooperate in inspecting books, documents, or other goods, or fails to comply with an order to stop a fishing vessel or to sail back, in violation of Article 69 (1). |
| Article 109 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 10 million won:
| 1. | A person who uses fishing gear to which a device for reducing bycatch is not attached, in violation of Article 42 (3); |
| 2. | A person who sells, purchases, or exchanges the catches caught and harvested through bycatch at a place other than a place for sale and purchase, in violation of Article 42 (4); |
| 3. | A person who violates restrictions on bottoms of fishing vessels under Article 58; |
| 4. | A person who violates restrictions on the size, etc. of fishing gear under Article 60 (1); |
| 5. | A person who fails to make an indication on fishing gear, in violation of Article 76 (1). |
| Article 110 (Confiscation) |
| (1) | In cases falling under Article 106 or 107, subparagraph 3 or 5 of Article 108, or Article 109, any catches, products, fishing vessels, fishing gear, explosives, or toxic substances possessed or carried by an offender may be confiscated: Provided, That where a person has been punished on at least two occasions in the last five years for his or her violation prescribed in Article 106 (1) 2, his or her catches, fishing vessel, or fishing gear shall be confiscated. |
| (2) | Where it is impossible to confiscate all or part of the goods possessed or carried by an offender pursuant to paragraph (1), the value equivalent thereto may be punitively collected. |
| Article 111 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations prescribed in any of Articles 106 through 109 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine under that Articles in addition to punishing the violators accordingly: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision regarding the relevant business affairs in order to prevent such violation
| Article 112 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to commence his or her fishery business within a prescribed period after having acquired a fishery right or permission for such business or continues to leave the relevant fishing ground idle even one year after having commenced his or her fishery business, in violation of Article 30 (1) (including cases applicable mutatis mutandis in Article 50 (1)) or (2); |
| 2. | A person who fails to file a report on succession within 30 days (60 days in the case of inheritance) from the date of succession or fails to meet the standards for a fishing vessel permitted for fishery business and the qualifications of an applicant for permission for fishery business within 90 days from the date of succession, pursuant to Article 45 (2); |
| 3. | A person who fails to file a report on business closure under Article 49 (3) (including cases applicable mutatis mutandis in Article 54); |
| 4. | A person who operates a leisure fishing ground not designated under Article 62 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who fails to transfer a fishing gear deposit to the Fishing Gear Deposit Management Center, in violation of Article 81 (2); |
| 2. | A person who fails to provide information on the sale of fishing gear, etc., including fishing gear deposits, or to indicate a phrase regarding the return of a fishing gear deposit, in violation of Article 81 (4). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who fails to file a report on modification under Article 20; |
| 2. | A person who suspends his or her business or conducts fishery business without filing a report thereon under Article 29 (1) or (2); |
| 3. | A fishery right holder who allows a third party to exercise the fishery right or a person who actually exercises such fishery right, in breach of the fishing ground management rules under Article 37 (1); |
| 4. | A person who fails to comply with an order to take corrective measure, such as an amendment to the fishing ground management rules under Article 37 (2); |
| 5. | A person who violates a restriction or a prohibition on the exercise of a fishery right under Article 38, or a fishery right holder who aids such violation; |
| 6. | A person who fails to allow a piscary holder to conduct fishery activities or violates a restriction on, suspension of, or a prohibition on fishery activities by a piscary holder, in violation of Article 39 (1) or (4); |
| 7. | A person who conducts reported fishery business without filing a report under Article 48 (1); |
| 8. | A person filing a report on fishery business who fails to observe the matters prescribed in Article 48 (6); |
| 10. | A person who evades giving an answer to the question asked by a public official supervising fishery business under Article 69 (1) or makes a false statement; |
| 11. | A person who refuses or obstructs a survey, an inspection, and the moving or removal of an obstacle under Article 69 (2); |
| 12. | A person who engages in fishing gear manufacturing business, etc. without filing a report thereon, in violation of Article 71 (1); |
| 13. | A person who continues to engage in fishing gear manufacturing business, etc., in violation of an order to close business issued under Article 73 (1). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A fishery right holder who fails to take a measure necessary for managing a fishing ground under Article 36 (3); |
| 3. | A person who suspends his or her business or conducts fishery business without filing a report thereon pursuant to Article 29 (1) or (2) applicable mutatis mutandis in Article 50 (1) or 54; |
| 4. | A person who fails to remove facilities or aquaculture products within a period prescribed by Ordinance of the Ministry of Oceans and Fisheries, in violation of Article 65 (1) (including cases applicable mutatis mutandis in paragraph (4) of that Article); |
| 5. | A person who fails to install a sign on a fishing ground, or moves, destroys, modifies, or conceals a sign installed on a fishing ground or a fishing vessel, in violation of Article 66; |
| 6. | A person who fails to file a report on change or business closure, in violation of Article 71 (2); |
| 7. | A person who fails to keep or retain a record, keeps a false record, or damages or removes a record, in violation of Article 72 (1); |
| 8. | A person who refuses or obstructs a request to submit data or to state opinions under Article 75 (2); |
| 9. | A person who fails to comply with an order to collect fishing gear installed in waters, in violation of Article 77 (3); |
| 10. | A person who refuses, obstructs, or evades a question or an investigation under Article 96 (5), submits false materials, or makes a false statement; |
| 11. | A person who fails to file a report under Article 104 (2) or files a false report. |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by an administrative authority, as prescribed by Presidential Decree. |
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Succession to Administrative Disposition)
Succession to administrative disposition under Article 44 (3) shall apply with respect to any administrative disposition taken on or after this Act enters into force. Article 3 (General Transitional Measures)
Article 4 (Transitional Measures concerning Business of Cultivation in Inland Sea Water and Business of Producing Seeds and Seedlings)
Any business of cultivation in inland sea water or any business of producing seeds and seedlings that is permitted pursuant to the previous provisions of Article 43 (2), as at the time this Act enters into force, shall be deemed to be permitted by the head of a Si/Gun/Gu who has jurisdiction over the permitted area of waters in accordance with the amended provisions of Article 41 (3), until expiration of the period of validity of the previous permit. Article 5 (Transitional Measures concerning Restrictions and Conditions on Fishery Business Permit)
Any restriction or condition placed on a fishery business permit pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be imposed in accordance with the amended provisions of Article 43. Article 6 (Transitional Measures concerning Basic Plan, etc. for Development of Fish Farming)
A basic plan for the development of fish farming and the implementation plan thereof that are established pursuant to Articles 4 and 5 of the former Fish Farming Development Act as at the time this Act enters into force shall be deemed the basic plan and implementation plan established in accordance with the amended provisions of Articles 50 and 51. Article 7 (Transitional Measures concerning Fish Farming Center)
Article 8 (Transitional Measures concerning Comprehensive Measures for Promotion of Fisheries)
Article 9 (Transitional Measures concerning Fishery Business Restructuring)
Article 10 (Transitional Measures concerning Fisheries Development Fund)
Article 10-2 (Transitional Measures concerning Penalty Provisions)
In levying penalty provisions for acts committed before this Act enters into force, the previous provisions shall prevail.
[This Article Newly Inserted on Jan. 25, 2010]
Article 11 Omitted.
Article 12 (Relations to other Acts and Subordinate Statutes)
ADDENDA <Act No. 9948, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on April 23, 2010: Provided, That the amended provisions of Articles 2, 8, 9, 13, 13-2, 40-2 and 89 shall take effect on July 1, 2010. |
| (2) | (Transitional Measures concerning Fishing Vessels Permitted for Fishery Business Run within Demarcated Zone) Any fishing vessel permitted to be used for fishery business run by installing fishing gear within a demarcated area of waters pursuant to the previous provisions of Article 43 (3), as at the time this Act enters into force, shall be deemed to be a patrol vessel designated in accordance with amended provisions of Article 49 (1). |
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 10292, May 17, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10890, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10943, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10944, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10947, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11566, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 (Transitional Measures concerning Penalty Provisions)
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12084, Aug. 13, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12541, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 (Transitional Measures concerning Alteration of Standards for Fishing Vessel’s Bottoms)
A fishing vessel permitted for inshore fishery business under the former provisions before this Act enters into force shall be deemed permitted as such pursuant to the amended provisions of Article 41 (1). Articles 3 (Transitional Measures concerning Alteration of Standards for Imposition of Penalty Surcharges)
The former provisions shall apply to the imposition of penalty surcharges on any violation committed before this Act enters into force, notwithstanding the amended provisions of Article 91 (1).
ADDENDUM <Act No. 12823, Oct. 15, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13054, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13268, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13384, Jun. 22, 2015>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 20 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13385, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14349, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Education Where Re-application for Permit for Person Whose Permit Has Been Revoked Is Filed)
The amended provisions of Article 41 (6) shall begin applying to the first case where a permit for fishery business is revoked after this Act enters into force. Article 3 (Transitional Measures on Timeline for Re-applying for Permit for Person Whose Permit Has Been Revoked)
Notwithstanding the amended provisions of Article 41 (5), the former provisions thereof shall apply to a person whose permit for fishery business has been revoked and to fishing vessels and fishing gears of such person before this Act enters into force.
ADDENDA <Act No. 16211, Jan. 8, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 44 (3) through (5) shall enter into force on the date of its promulgation. Article 2 (Applicability to Permit for Extending Period of Validity of Fishery Business License and to Report on Fishery Business)
The amended provisions of Article 14 (4) and (5) and 47 (2) and (3) shall begin to apply where a request for extending the period of validity of a fishery business license or a report on fishery business is made after this Act enters into force.
ADDENDA <Act No. 16212, Jan. 8, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
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.
ADDENDA <Act No. 16569, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16699, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 17038, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Extension of Period for Reporting Succession to Status)
The amended provisions of Article 44 (2) shall also apply to cases where the period for reporting succession has yet to arrive as at the time this Act enters into force.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17331, May 26, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2021.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 18755, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 45 (1) and 85 shall enter into force six months after the date of the promulgation, while the amended provisions of Articles 81 through 84 and 112 (2) shall enter into force two years after the date of the promulgation. Article 2 (Applicability to Grounds for Disqualification for License)
Article 3 (Applicability to Prohibitions on Licensing)
The amended provisions of Article 11 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54) shall apply where there exists any ground for prohibiting licensed fishery business prescribed in Article 11 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force. Article 4 (Applicability to Commencement of Fishery Business)
The amended provisions of Article 30 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54) shall apply to matters regarding the commencement, etc. of fishery business under Article 31 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force. Article 5 (Applicability to Revocation of Licensed Fishery Business)
The amended provisions of Article 34 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54) shall apply where there exists any ground for revoking licensed fishery business under Article 35 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force. Article 6 (General Transitional Measures)
Dispositions, procedures, and other acts under the previous Fisheries Act as at the time this Act enters into force shall be deemed made or done under the corresponding provisions of this Act. Article 7 (Transitional Measures concerning Plans to Use and Develop Fishing Grounds)
Basic guidelines on development plans, detailed guidelines on development plans, and plans to use and develop fishing grounds formulated by the Minister of Oceans and Fisheries, Mayors/Do Governors, and the heads of Sis/Guns/Gus pursuant to Article 4 of the previous Fisheries Act as at the time this Act enters into force shall be deemed basic guidelines on development plans, detailed guidelines on development plans, and plans to use and develop fishing grounds formulated under Article 4 of this Act. Article 8 (Transitional Measures concerning Licenses or Permission for Fishery Business Granted to Foreigners)
A license or permission for fishery business granted to a foreigner or a foreign corporation pursuant to Article 5 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a license or permission for fishery business granted to a foreigner or a foreign corporation pursuant to Article 5 of this Act. Article 9 (Transitional Measures concerning Licenses for Fishery Business)
| (1) | A license for set-net fishery business or communal fishery business obtained under Article 8 (1) of the previous Fisheries Act as at the time this Act enters into force shall be deemed a license for set-net fishery business or communal fishery business obtained under Article 7 (1) of this Act until the validity period of the relevant license expires. |
| (2) | A license for limited fishery business obtained under Article 15 (1) of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 49) as at the time this Act enters into force shall be deemed a license for limited fishery business obtained under Article 15 (1) of this Act (including cases applicable mutatis mutandis in Article 50) until the validity period of the relevant license expires. |
Article 10 (Transitional Measures concerning Imposition of Restrictions or Conditions on Licenses)
| (1) | Restrictions or conditions imposed on a license for fishery business by the head of a Si/Gun/Gu under Article 12 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 60) as at the time this Act enters into force shall be deemed restrictions or conditions imposed on a license for fishery business under Article 12 of this Act (including cases applicable mutatis mutandis in Article 54). |
| (2) | Restricting or suspending fishery business licensed by the head of a Si/Gun/Gu or restricting a fishing vessel from mooring or departing from or entering a port under Article 34 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force shall be deemed restricting or suspending licensed fishery business or restricting a fishing vessel from mooring or departing from or entering a port under Article 33 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54). |
Article 11 (Transitional Measures concerning Order of Priority)
| (1) | The order of priority under Article 13 of the previous Fisheries Act shall apply when priority is given to licenses for which applications are filed under the previous Fisheries Act as at the time this Act enters into force. |
| (2) | The order of priority under Article 41-2 of the previous Fisheries Act shall apply when priority is given to permission for which applications are filed under the previous Fisheries Ac as at the time this Act enters into force. |
Article 12 (Transitional Measures concerning Fishery Rights)
| (1) | The original register of fishery rights and fishery rights registered and acquired under Articles 16 and 17 of the previous Fisheries Act as at the time this Act enters into force shall be deemed the original register of fishery rights and fishery rights registered and acquired under Articles 16 and 17 of this Act. |
| (2) | The previous Fisheries Act shall apply to transferring, dividing, or modifying fishery rights under the proviso of Article 19 (1) of the previous Fisheries Act as at the time this Act enters into force. |
| (3) | The exercise of a fishery right restricted or prohibited by the head of a Si/Gun/Gu under Article 39 of the previous Fisheries Act as at the time this Act enters into force shall be deemed the exercise of a fishery right restricted or prohibited under Article 38 of this Act. |
Article 13 (Transitional Measures concerning Succession to Rights and Obligations in Disposal)
Matters regarding succession to rights and obligations in disposal under Article 25 of the previous Fisheries Act as at the time this Act enters into force shall be deemed matters regarding succession to rights and obligations in disposal under Article 25 of this Act. Article 14 (Transitional Measures concerning Service Vessels)
A service vessel designated or approved pursuant to Article 27 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 49) as at the time this Act enters into force shall be deemed a service vessel designated or approved pursuant to Article 27 of this Act (including cases applicable mutatis mutandis in Article 50). Article 15 (Transitional Measures concerning Reserves)
A reserve designated under Article 29 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a reserve designated under Article 28 of this Act. Article 16 (Transitional Measures concerning Reporting on Suspension of Business and Surrender of Fishery Rights)
Matters regarding reports on suspension of business or on the surrender of fishery rights under Article 30 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force shall be deemed matters regarding reports on suspension of business or on the surrender of fishery rights under Article 29 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54). Article 17 (Transitional Measures concerning Fishing Ground Management Rules)
The fishing ground management rules determined under Article 38 of the previous Fisheries Act shall be deemed the fishing ground management rules under Article 37 of this Act. Article 18 (Transitional Measures concerning Restrictions on Fishery Activities by Piscary Holders)
Fishery activities by piscary holders, etc. restricted under Article 40 of the previous Fisheries Act as at the time this Act enters into force shall be deemed fishery activities by piscary holders, etc. restricted under Article 39 of this Act. Article 19 (Transitional Measures concerning Permission for Fishery Business)
| (1) | Permission for fishery business obtained under Article 41 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 60) as at the time this Act enters into force shall be deemed permission for fishery business obtained under Article 40 of this Act (including cases applicable mutatis mutandis in Article 54) until the validity period of the relevant permission expires. |
| (2) | Permission for temporary fishery business obtained under Article 42 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 60) before this Act enters into force shall be deemed permission for temporary fishery business obtained under Article 43 of this Act (including cases applicable mutatis mutandis in Article 54) until the validity period of the relevant permission expires. |
Article 20 (Transitional Measures concerning Management of Bycatch)
The standards related to allowing bycatch established pursuant to Article 41-3 of the previous Fisheries Act as at the time this Act enters into force shall be deemed established pursuant to Article 42 of this Act. Article 21 (Transitional Measures concerning Imposition of Restrictions and Conditions on Permitted Fishery Business)
Restrictions or conditions imposed on permission for fishery business by an administrative authority under Article 43 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 60) as at the time this Act enters into force shall be deemed restrictions or conditions imposed on permission for fishery business by an administrative authority under Article 44 of this Act (including cases applicable mutatis mutandis in Article 54). Article 22 (Transitional Measures concerning Succession to Status Relating to Permission for Fishery Business)
Matters regarding succession to status relating to permission for fishery business under Article 44 of the previous Fisheries Act as at the time this Act enters into force shall be deemed matters regarding succession to status relating to permission for fishery business under Article 45 of this Act. Article 23 (Transitional Measures concerning Fishery Business for Experiment, Research, or Training)
Fishery business for experiment, research, or training under Article 45 of the previous Fisheries Act (including cases applicable mutatis mutandis in Article 49) as at the time this Act enters into force shall be deemed fishery business for experiment, research, or training under Article 46 of this Act (including cases applicable mutatis mutandis in Article 50). Article 24 (Transitional Measures concerning Reported Fishery Business)
A report on fishery business filed under Article 47 of the previous Fisheries Act (including cases applicable mutatis mutandis in Articles 49 and 60) as at the time this Act enters into force shall be deemed a report on fishery business filed under Article 48 of this Act (including cases applicable mutatis mutandis in Articles 50 and 54) until the validity period of the relevant report expires. Article 25 (Transitional Measures concerning Fish Transport Services)
Fish transport services registered pursuant to Article 57 of the previous Fisheries Act as at the time this Act enters into force shall be deemed fish transport services registered under Article 51 of this Act until the registration of such fish transport services is revoked. Article 26 (Transitional Measures concerning Orders to Coordinate Fishery Business)
An order to coordinate fishery business, etc. issued by an administrative authority under Article 61 of the previous Fisheries Act as at the time this Act enters into force shall be deemed an order to coordinate fishery business, etc. issued by an administrative authority under Article 55 of this Act. Article 27 (Transitional Measures concerning Adjustment of Fishing Areas)
Fishing areas, etc. adjusted under Article 62 of the previous Fisheries Act before this Act enters into force shall be deemed fishing areas, etc. adjusted under Article 56 of this Act. Article 28 (Transitional Measures concerning Determination of Quota of Permits)
The quota of permits, etc. determined under Article 63 of the previous Fisheries Act as at the time this Act enters into force shall be deemed the quota of permits, etc. determined under Article 57 of this Act. Article 29 (Transitional Measures concerning Restrictions on Bottoms of Fishing Vessels)
Bottoms of fishing vessels restricted under Article 63-2 of the previous Fisheries Act as at the time this Act enters into force shall be deemed bottoms of fishing vessels restricted under Article 58 of this Act. Article 30 (Transitional Measures concerning Equipment and Sizes of Fishing Vessels)
Equipment, sizes, etc. of fishing vessels determined under Article 64 of the previous Fisheries Act as at the time this Act enters into force shall be deemed equipment, sizes, etc. of fishing vessels determined under Article 59 of this Act. Article 31 (Transitional Measures concerning Restrictions on Size of Fishing Gear)
The size, etc. of fishing gear restricted under Article 64-2 of the previous Fisheries Act as at the time this Act enters into force shall be deemed the size, etc. of fishing gear restricted under Article 60 of this Act. Article 32 (Transitional Measures concerning Designation of Leisure Fishing Grounds)
A leisure fishing ground designated under Article 65 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a leisure fishing ground designated under Article 62 of this Act until the validity period of the relevant leisure fishing ground expires. Article 33 (Transitional Measures concerning Fishery Business in Exclusive Economic Zones of Foreign Countries)
Permission for fishery business granted by the relevant administrative authority of a foreign country under Article 67 of the previous Fisheries Act as at the time this Act enters into force shall be deemed permission for fishery business granted by the relevant administrative authority of a foreign country under Article 64 of this Act until the validity period of the relevant permission expires. Article 34 (Transitional Measures concerning Installation and Protection of Signs)
A sign for a fishing ground, a fishing vessel, or fishing gear to be installed by an order of an administrative authority under Article 69 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a sign for a fishing ground, a fishing vessel, or fishing gear to be installed by an order of an administrative authority under Article 66 of this Act. Article 35 (Transitional Measures concerning Fisheries Mediation Committees)
| (1) | A fisheries mediation committee established under Article 88 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a fisheries mediation committee established under Article 95 of this Act. |
| (2) | A fisheries mediation committee composed under Article 90 of the previous Fisheries Act as at the time this Act enters into force shall be deemed a fisheries mediation committee composed under Article 97 of this Act. |
Article 36 (Transitional Measures concerning Registration, Reporting, Reporting on Change, Applications for Rulings, Claims for Compensation, and Deposit)
Registration, a report, a report on change, an application for a ruling, a claim for compensation, compensation for loss, deposit, etc. under the previous Fisheries Act as at the time this Act enters into force shall be deemed registration, a report, a report on change, an application for a ruling, a claim for compensation, compensation for loss, deposit, etc. under this Act. Article 37 (Transitional Measures concerning Administrative Dispositions)
The previous Fisheries Act shall apply to administrative dispositions for violations committed before this Act enters into force. Article 38 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous Fisheries Act shall apply to the imposition of penalty provisions and administrative fines for violations committed before this Act enters into force. Article 39 Omitted.
Article 40 (Relationship to Other Statutes or Regulations)
A citation of the previous Fisheries Act by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions thereof in lieu of the previous Fisheries Act, if such corresponding provisions exist herein.