CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Fisheries Act and matters necessary for the enforcement thereof.
| Article 2 (Formulation of plans to use and develop fishing grounds) |
| (1) | The Minister of Oceans and Fisheries shall prepare basic guidelines for a plan to use and develop fishing grounds (hereinafter referred to as “development plan”) under Article 4 (1) of the Fisheries Act (hereinafter referred to as the “Act”) by December 31 of the year preceding the year in which a development plan is to be formulated under paragraph (3) of that Article and shall notify such guidelines to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”); and a Mayor/Do Governor shall prepare detailed guidelines for a development plan by January 31 of the year in which a development plan is formulated and shall notify such guidelines to the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply). |
| (2) | The head of a Si (referring to a Special Self-Governing Province Governor, in cases of a Special Self-Governing Province; hereinafter the same shall apply) or Gun/Gu shall, by March 31 of each year, formulate a development plan for the waters under his or her jurisdiction for the period from July 1 of the relevant year to June 30 of the following year in accordance with the detailed guidelines for a development plan under paragraph (1) and shall file an application for approval of the development plan with the competent Mayor/Do Governor; provided, this shall not apply if a Special Self-Governing Province Governor formulates a development plan. |
| (3) | Upon receipt of an application for approval under paragraph (2), a Mayor/Do Governor shall determine whether to approve a development plan under that paragraph, shall notify the head of a Si/Gun/Gu of the determination result by April 30 of each year, and shall submit the result to the Minister of Oceans and Fisheries; and a Special Self-Governing Province Governor shall submit a development plan formulated under paragraph (2) to the Minister of Oceans and Fisheries by April 30 of each year. |
| (4) | When formulating a development plan under paragraph (2), the head of a Si/Gun/Gu shall incorporate in the development plan any cases where a renewed license for fishery business is to be granted for waters for which the validity period of such license under Article 14 of the Act expires during the period from July 1 of the relevant year to June 30 of the following year. |
| (5) | Upon receipt of a request for approval or consultation from the head of a Si/Gun/Gu regarding waters for which the head intends to formulate a development plan under Article 4 (4) of the Act, the head of the relevant administrative agency shall, without delay, notify the head of the Si/Gun/Gu of the decision on whether to grant approval or the consultation opinion. |
| (6) | “Cases prescribed by Presidential Decree” in the main clause of Article 4 (6) of the Act means the following cases: |
| 1. | Where new waters are to be developed for a support project implemented by the State or a local government; |
| 2. | Where it is particularly necessary for the resolution of disputes regarding fishery business or for the coordination of fishery business. |
| (7) | Where a Special Self-Governing Province Governor formulates a development plan under paragraph (2) or the head of a Si/Gun/Gu obtains approval of a development plan under paragraph (3), the relevant authority shall publicly announce the details in the public gazette of the relevant local government. The same shall also apply where a development plan is modified under Article 4 (6) of the Act. |
| Article 3 (Licenses for fishery business granted to foreigners) |
| (1) | If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to grant a license or permission for any of the following fishery business to a foreigner or foreign corporation under Article 5 (1) and (2) of the Act, the relevant authority shall submit a consultation request in the form prescribed by Decree of the Ministry of Oceans and Fisheries, to the Minister of Oceans and Fisheries, along with the documents prescribed by Decree of the Ministry, such as a deliberation report by the relevant fisheries mediation committee under Article 95 of the Act; in such cases, the head of a Si/Gun/Gu shall submit a consultation request via the competent Mayor/Do Governor (excluding a Special Self-Governing Province Governor): |
| 1. | Set-net fishery business under Article 7 (1) 1 of the Act; |
| 2. | Inshore fishery business under Article 40 (1) of the Act; |
| 3. | Coastal fishery business under Article 40 (2) of the Act; |
| 4. | Fishery business within a demarcated zone of waters under Article 40 (3) of the Act. |
| (2) | Upon receipt of a consultation request under paragraph (1), the Minister of Oceans and Fisheries shall review the matters prescribed by Decree of the Ministry of Oceans and Fisheries, such as whether the acquisition of rights to fisheries may be prohibited or restricted under Article 5 (3) of the Act in the relevant case and shall notify the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu of the results. |
| Article 4 (Joint application) |
| (1) | If at least 2 persons jointly file an application for a license or permission for fishery business under Article 6 (1) of the Act, they shall specify their respective shares in the application. |
| (2) | If a person who has jointly applied for a license or permission for fishery business under Article 6 (1) of the Act changes the applied shares, the person shall submit a report on the change in shares in the form prescribed by Decree of the Ministry of Oceans and Fisheries, to the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "administrative authority") by no later than the date such license or permission is to be granted, along with documents evidencing the change in the applicant's shares. |
| (3) | If a person who has jointly applied for a license or permission for fishery business under Article 6 (1) of the Act has not stated a representative in the application or has changed the representative stated in the application, the person shall submit a report on the selection or change of a representative in the form prescribed by Decree of the Ministry of Oceans and Fisheries by no later than the date such license or permission is to be granted under paragraph (2) of that Article to the administrative authority, along with documents evidencing the qualification and change of the representative (applicable only if the representative has been changed). |
CHAPTER II LICENSED FISHERY BUSINESS
| Article 5 (Application for licenses) |
| (1) | A person who intends to obtain a license for fishery business under Article 7 (1) of the Act shall submit an application for the determination of priority in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the head of competent Si/Gun/Gu having jurisdiction over the relevant waters, along with the following documents, within 30 days from the date a development plan is publicly announced: |
| 1. | A copy of a document certifying the qualification or career experience of a fisheries technician under the subparagraphs of Article 10 (applicable only to fisheries technicians); |
| 2. | A copy of a license or permit for fishery business as of the date of application (applicable only to those who have obtained a license or permission for fishery business); |
| 3. | A document evidencing that the person has been engaged in fisheries business (applicable only to those who have been engaged in fisheries business); |
| 4. | A document evidencing foreign nationality or foreign corporate status, such as a copy of a passport (applicable only to foreigners or foreign corporations). |
| (2) | Upon receipt of an application for the determination of priority under paragraph (1), the head of a Si/Gun/Gu shall determine, by June 30 of each year, whether the applicant is eligible for a license for the relevant waters for which a license for fishery business is to be granted, as well as the order of priority, after deliberation by a Si/Gun/Gu fisheries mediation committee (hereinafter referred to as "Si/Gun/Gu committee") under Article 95 of the Act; provided, if there is a single applicant, the application need not undergo deliberation by a Si/Gun/Gu committee. |
| (3) | Upon determining the priority order of a license under paragraph (2), the head of a Si/Gun/Gu shall, without delay, send a notice to the applicant, specifying the priority order of the license and the period for submitting required documents. |
| (4) | If an applicant, upon receipt of a notice under paragraph (3), submits an application for a license for fishery business in the form prescribed by Decree of the Ministry of Oceans and Fisheries along with the following documents within the notified submission period, the head of a Si/Gun/Gu shall grant a license for fishery business to the applicant without delay: |
| 1. | The location of the waters for which the license is to be obtained and a map showing the boundaries of the area; |
| 2. | In cases where the waters for which a license is sought overlap either with a fishing ground zone of another fishery right or with a protection zone under Article 28 of the Act, the written consent of the relevant fishery right holder; provided, if a person who had been granted a license for fishery business reapplies for the same type of license for fishery business for the same fishing ground after the previous license has lost its effect, and the address and residence of the current valid fishery right holder are unknown, making it impossible to obtain a written consent, a written statement of the reason therefor may be submitted in lieu of a written consent. |
| Article 6 (Types of set-net fishery business and fishing gear) |
The types of set-net fishery business and fishing gear specified in Article 7 (1) 1 of the Act shall be as follows: | 1. | Large-scale set-net fishery business: Fishery business of catching aquatic animals by installing set-type fishing gear (hereafter in this Article referred to as “set-type fishing gear”), such as drifting nets, ascending nets, bamboo fences, or other set-type fishing gear determined and publicly notified by the Minister of Oceans and Fisheries, in a demarcated water area of at least 10 hectares; |
| 2. | Medium-scale set-net fishery business: Fishery business of catching aquatic animals by installing set-type fishing gear in a demarcated water area of at least 5 hectares but less than 10 hectares; |
| 3. | Small-scale set-net fishery business: Fishery business of catching aquatic animals by installing set-type fishing gear in a demarcated water area of less than 5 hectares. |
| Article 7 (Water depth limits of fishing grounds for communal fishery business) |
| (1) | The water depth limit of a fishing ground for communal fishery business (hereinafter referred to as “communal fishery business”) under Article 7 (1) 2 of the Act shall be within an average depth of 5 meters at the lowest sea level of the year (or 7 meters for Gangwon Special Self-Governing Province, Gyeongsangbuk-do, and Jeju Special Self-Governing Province). <Amended on Jun. 4, 2024> |
| (2) | If the head of a Si/Gun/Gu intends to grant a license for communal fishery business, the head shall measure and demarcate the waters within the water depth limit of the fishing grounds under paragraph (1), taking into account the coordination of fishery business and regional conditions. |
| (3) | The head of a Si/Gun/Gu shall not grant a license for communal fishery business for waters that are adjacent to distant islands or uninhabited islands, even if the waters fall within the water depth limit of the fishing grounds under paragraph (1), except in cases prescribed by Decree of the Ministry of Oceans and Fisheries. |
| Article 8 (Threshold for fishing ground area constituting grounds for disqualification from obtaining licenses) |
| (1) | "Area prescribed by Presidential Decree" in subparagraph 2 of Article 9 of the Act means 60 hectares; provided, for district fisheries cooperatives under Article 13 of the Fisheries Cooperatives Act (hereinafter referred to as "district fisheries cooperatives") and fishing village associations under Article 15 of that Act (hereinafter referred to as "fishing village associations"), if the geographical conditions are considered or if it is deemed necessary for the coordination of fishery business and the comprehensive use of the waters, the head of a Si/Gun/Gu may separately determine the lowered threshold. |
| (2) | The head of a Si/Gun/Gu may separately determine the threshold for fishing ground area constituting grounds for disqualification from obtaining licenses by type of fishery business and by species within the scope of the fishing ground area specified in the main clause of paragraph (1), for persons other than district fisheries cooperatives and fishing village associations. |
| (3) | If the head of a Si/Gun/Gu deems it unavoidable for the development of fishery business and has consulted with the Minister of Oceans and Fisheries, the head may separately determine the lowered threshold for fishing ground area constituting grounds for disqualification from obtaining licenses under the main clause of paragraph (1), for persons other than district fisheries cooperatives and fishing village associations. |
| (4) | In calculating the area of a fishing ground under the main clause of paragraph (1), the area of a fishing ground acquired through a fishery right shall be included; and the area of a fishing ground for an individual fishery right shall be the total area, which includes the area of a fishing ground acquired by the spouse or lineal descendant under the age of 20 of a license applicant, the area of a fishing ground already acquired by the applicant, and the area of a fishing ground for which the applicant has filed a new license application. |
| (5) | If the head of a Si/Gun/Gu intends to determine matters specified in the proviso of paragraph (1) or paragraph (2) or (3), the head shall refer the matters to a Si/Gun/Gu committee for deliberation. |
| Article 9 (Request for prohibition on licensing) |
| (1) | If it is deemed necessary to prohibit a license for fishery business for the public interest, the head of the relevant administrative agency may request the head of the competent Si/Gun/Gu having jurisdiction over the relevant waters to prohibit the issuance of a license for fishery business under Article 11 (1) of the Act, by submitting a document specifying the following details: |
| 1. | The location of the waters for which prohibition of a license for fishery business is requested and a map showing the boundaries of the area; |
| 2. | The period during which the prohibition of a license for fishery business is requested; |
| 3. | The reason for requesting the prohibition of a license for fishery business; |
| 4. | Other matters necessary for the prohibition of a license for fishery business. |
| (2) | Upon receipt of a request for the prohibition of a license for fishery business under paragraph (1), the head of a Si/Gun/Gu shall consult with the head of the relevant administrative agency on the requested matters without delay. |
| (3) | If it is deemed necessary for the public interest to prohibit a license for fishery business for the relevant waters as a result of the consultation under paragraph (2), the head of a Si/Gun/Gu shall, without delay, publicly announce the location of the waters for which a license for fishery business is prohibited, the period of such prohibition, and other relevant information and shall notify the head of the relevant administrative agency thereof. |
| (4) | The period of prohibition of a license for fishery business for a person whose license for fishery business has been revoked under Article 11 (2) of the Act shall be 2 years; provided, if a person holding at least 2 fishery rights has had part of his or her license for fishery business revoked, and the validity period of another license for fishery business that has not been revoked expires, the person may obtain the same type of license as the expired one, notwithstanding the main clause. |
| Article 10 (Fisheries technicians) |
“Fisheries technician prescribed by Presidential Decree” in Article 13 (1) 1 of the Act means any of the following persons: | 1. | A person who has obtained a qualification of Engineer Fisheries Production and Management, Industrial Engineer Fisheries Processing or higher (referring to Industrial Engineer Fisheries Processing, Engineer Fisheries Processing, or Professional Engineer Fisheries Processing), Craftsman Aquaculture or higher (referring to Craftsman Aquaculture, Industrial Engineer Aquaculture, Engineer Aquaculture, or Professional Engineer Aquaculture), or Craftsman Fishery or higher (referring to Craftsman Fishery, Industrial Engineer Fishery, or Professional Engineer Fishery) under the National Technical Qualifications Act; |
| 2. | A person who has served as a public official in fisheries service or in research service in the field of fisheries in the State or a local government for at least 5 years; |
| Article 11 (Grounds for reduction of validity period of license for fishery business) |
"Cases prescribed by Presidential Decree" in the proviso of Article 14 (1) of the Act means any of the following cases:
| Article 12 (Reporting on modification of licensed matters) |
"Matter prescribed by Presidential Decree ..., such as his or her name and address" in the main clause of Article 20 of the Act means any of the following matters: | 1. | The name (in cases of a corporation or organization, referring to its name and the name of its representative) or address of a fishery right holder, if modified; |
| 2. | The new representative, if the representative of the co-owners of a fishery right under Article 23 of the Act is replaced; |
| 3. | The name of a vessel, if modified. |
| Article 13 (Public announcement for consent of co-owners of fishery rights) |
If a co-owner of a fishery right intends to make a public announcement under Article 23 (2) of the Act, the co-owner shall publicly announce the following details in any of the daily newspapers registered with a nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers: | 2. | The type of fishery business, the names of fishing gear, and the methods of installation; |
| 3. | The name (in cases of a corporation or organization, its name and the name of its representative) and address of the co-owner; |
| 4. | Matters for which consent is sought; |
| 5. | The period and methods for filing an objection under Article 23 (3) of the Act. |
| Article 14 (Designation of, and restrictions on, service vessels) |
| (1) | When designating a fishing vessel necessary for the management of a fishing ground (hereinafter referred to as "service vessel") under Article 27 (1) of the Act, the head of a Si/Gun/Gu shall consider the management efficiency, conditions, and other related factors of the relevant fishing ground. |
| (2) | A fishing vessel that may be used as a service vessel under Article 27 (2) of the Act shall be as specified in Appendix 1; provided, among the fishing vessels specified in Appendix 1, a net vessel for a communal fishing ground shall be designated exclusively for use as a service vessel in a fishing ground for communal fishery business; and the designation of a service vessel for resource harvesting shall be limited to a fishing vessel already designated as a serve vessel for a fishing ground for communal fishery business and to a fishing vessel to replace such vessel. <Amended on Jan. 9, 2024> |
| Article 15 (Cases where timing of commencement of fishery business can be adjusted) |
"Cases prescribed by Presidential Decree" in the proviso of Article 30 (1) of the Act means cases where it is impossible to secure seeds for fisheries due to a natural disaster or other unavoidable circumstances.
| Article 16 (Restriction or suspension of fishery business necessary for public interest) |
| (1) | If it is deemed necessary to restrict or suspend the licensed fishery business or to restrict the mooring, departure, or arrival of a fishing vessel under Article 33 of the Act for any reason specified in the subparagraphs 1 through 7 of paragraph (1) of that Article, or to revoke a license for fishery business for a reason specified in subparagraph 6 of Article 34 of the Act (excluding cases specified in Article 33 (1) 8 and 9 of the Act), the head of the relevant administrative agency shall notify the head of the competent Si/Gun/Gu having jurisdiction over the relevant waters of the following details and request that the latter take necessary measures: |
| 1. | The reasons and scope for requesting the restriction or suspension of the fishery business, the restriction of mooring, departure, or arrival of a fishing vessel, or the revocation of the licensed fishery business; |
| 2. | The type of the fishery business; the license number; and the name (in cases of a corporation or organization, referring to its name and the name of its representative), address, and date of birth of the fishery right holder (in cases of a corporation, referring to the corporate registration number); |
| 3. | The location of the waters for which the relevant measures are necessary and a map showing the boundaries of the area; |
| 4. | Compensation measures for the losses inflicted on the fishery business by the relevant measures. |
| (2) | The head of the relevant administrative agency may request the head of a Si/Gun/Gu to provide materials on the current status of fishery rights and other necessary information to make a request under paragraph (1). In such cases, the head of a Si/Gun/Gu shall comply with the request unless there is a compelling reason not to do so. |
| (3) | Upon receipt of a request under paragraph (1), the head of a Si/Gun/Gu shall determine the measures to be taken after deliberation by the Si/Gun/Gu committee and notify the head of the relevant administrative agency and the relevant fishery right holder of the details of such determination. |
| (4) | Matters necessary for the criteria for determining measures to be taken under paragraph (3), procedures for implementation thereof, and other relevant details shall be prescribed by Decree of the Ministry of Oceans and Fisheries. |
| Article 17 (Restriction or suspension of fishery business necessary for national defense) |
| (1) | Cases where the restriction or suspension of the licensed fishery business or other relevant measures are necessary for military training or the defense of key military bases under Article 33 (1) 2 of the Act shall be any of the following cases: |
| 1. | Where military training is conducted at sea or on the coast; |
| 2. | Where it is necessary for the protection of major military bases located at sea or on the coast. |
| (2) | Cases where the restriction or suspension of the licensed fishery business or other relevant measures are necessary for national defense under Article 33 (1) 3 of the Act shall be any of the following cases: |
| 1. | Where it is necessary to prevent or defend against enemy infiltration on the coast; |
| 2. | Where it is necessary to protect fishers, such as preventing the hijacking of fishing vessels; |
| 3. | Where the Minister of National Defense deems it necessary for strategic and tactical purposes and agrees with the heads of relevant administrative agencies. |
| Article 18 (Public announcement of dispositions on licensed fishery business) |
When granting a license for fishery business or making a disposition regarding licensed fishery business, such as restriction or suspension under Article 33 of the Act, or a disposition of revocation under Article 34 of the Act, the head of a Si/Gun/Gu shall publicly announce the details of the license or disposition and notify the fishery right holder who has filed for registration of the relevant right.
| Article 19 (Cases where fishery rights of district fisheries cooperatives may be exercised) |
"Cases prescribed by Presidential Decree" in the proviso of Article 36 (2) of the Act means any of the following cases: | 1. | Where a district fisheries cooperative directly exercises a fishery right for set-net fishery business under Article 7 (1) 1 of the Act; |
| 2. | Where no member of the relevant district fisheries cooperative who is eligible to exercise the fishery right of the cooperative wishes to exercise the right; |
| 3. | Where a member, other than a member of the relevant district fisheries cooperative, has exercised the relevant fishery right, or where a report has been filed with the head of a Si/Gun/Gu after resolution at a general meeting of the relevant district fisheries cooperative, as necessary for the mediation of disputes regarding fishery business, etc. |
| Article 20 (Restrictions on exercise of fishery rights) |
"Person who meets the criteria prescribed by Presidential Decree" in Article 38 of the Act means any of the following persons: | 1. | A person who falls under any of the following categories, in violation of the Act, an order issued under the Act, or the fishing ground management rules under Article 37 of the Act: |
| a. | A person who is restricted from accessing the relevant fishing ground or exercising the relevant fishery right; |
| b. | A person who is prohibited from obtaining a license for fishery business; |
| c. | A person who is prohibited from obtaining permission for fishery business; |
| 2. | A person who is restricted from accessing the relevant fishing ground or exercising the relevant fishery right in accordance with the fishing ground management rules under Article 37 of the Act; |
| 3. | A person specified in subparagraph 2 of Article 9 of the Act. |
CHAPTER III PERMITTED FISHERY BUSINESS AND REPORTED FISHERY BUSINESS
| Article 21 (Types of inshore fishery business) |
| (1) | The types of inshore fishery business under Article 40 (1) of the Act (hereinafter referred to as "inshore fishery business") shall be as follows: |
| 1. | Single-boat large-scale bottom trawl fishery: Fishery business of catching aquatic animals, using a bottom trawl net, conducted with a single power-driven fishing vessel; |
| 2. | Pair-boat large-scale bottom trawl fishery: Fishery business of catching aquatic animals (excluding anchovies), using a bottom trawl net, conducted with 2 power-driven fishing vessels; |
| 3. | Single-boat medium-scale bottom trawl fishery in the East Sea area: Fishery business of catching aquatic animals, using a bottom trawl net in the fishing zones for inshore fishery business under Appendix 5, conducted with a single power-driven fishing vessel; |
| 4. | Single-boat medium-scale bottom trawl fishery in the South-Western Sea area: Fishery business of catching aquatic animals, using a bottom trawl net in the fishing zones for inshore fishery business under Appendix 5, conducted with a single power-driven fishing vessel; |
| 5. | Pair-boat medium-scale bottom trawl fishery in the South-Western Sea area: Fishery business of catching aquatic animals (excluding anchovies), using a bottom trawl net in the fishing zones for inshore fishery business under Appendix 5, conducted with 2 power-driven fishing vessels; |
| 6. | Large-scale trawl fishery: Fishery business of catching aquatic animals, using a dragged net equipped with an otter board (referring to a shield-shaped board attached to each side of a net to spread it), conducted with a single power-driven fishing vessel; |
| 7. | Medium-scale trawl fishery in the East Sea area: Fishery business of catching aquatic animals, using a dragged net equipped with an otter board in the fishing zones for inshore fishery business under Appendix 5, conducted with a single power-driven fishing vessel; |
| 8. | Large-scale purse seine fishery: Fishery business of catching aquatic animals, using a seine net, conducted with a single power-driven fishing vessel with a gross tonnage of at least 50 tons; |
| 9. | Small-scale purse seine fishery: Fishery business of catching aquatic animals, using a seine net, conducted with a single power-driven fishing vessel with a gross tonnage of less than 30 tons; |
| 10. | Inshore jigging fishery: Fishery business of catching aquatic animals, using a single-line or jigging method, conducted with a single power-driven fishing vessel; |
| 11. | Inshore gill net fishery: Fishery business of catching aquatic animals using a drift or fixed gill net, conducted with a single power-driven fishing vessel; |
| 12. | Inshore anchored stow net fishery: Fishery business of catching aquatic animals, using an anchored stow net (referring to a stationary trap fishing gear fixed in areas with strong currents, where fish are carried into the net by the force of the currents), conducted with a single power-driven fishing vessel; |
| 13. | Inshore lever lift net fishery: Fishery business of catching aquatic animals, using a lever lift net, dip net, or lift net (excluding striped sea bream lift nets), conducted with a single power-driven fishing vessel; |
| 14. | Inshore striped sea bream lift net fishery: Fishery business of catching striped sea breams, using a striped sea bream lift net, conducted with a single power-driven fishing vessel; |
| 15. | Inshore eel pot fishery: Fishery business of catching eels, using an eel pot, conducted with a single power-driven fishing vessel; |
| 16. | Inshore octopus pot fishery: Fishery business of catching octopus species, using an octopus pot, conducted with a single power-driven fishing vessel; |
| 17. | Inshore pot fishery: Fishery business of catching aquatic animals, using a pot (excluding eel pots and octopus pots), conducted with a single power-driven fishing vessel; |
| 18. | Inshore long line fishery: Fishery business of catching aquatic animals, using a long line, conducted with a single power-driven fishing vessel; |
| 19. | Inshore dredge fishery: Fishery business of catching shellfish, using a dredge, conducted with a single power-driven fishing vessel; |
| 20. | Motorized boat set-net fishery: Fishery business of catching anchovies, using a trawl net (excluding bottom trawl nets), conducted with 2 power-driven fishing vessels; |
| 21. | Diving fishery: Fishery business of catching and harvesting sessile aquatic animals, such as shellfish, installing a diving device on a single power-driven fishing vessel. |
| (2) | The shape of fishing gear for each type of fishery business specified in the subparagraphs of paragraph (1) shall be as specified in Appendix 2. |
| Article 22 (Types of coastal fishery business) |
| (1) | The types of coastal fishery business under Article 40 (2) of the Act (hereinafter referred to as "coastal fishery business") shall be as follows: <Amended on Jun. 4, 2024; Dec. 24, 2024> |
| 1. | Coastal improved anchored stow net fishery: Fishery business of catching aquatic animals, using an anchored stow-type net (including stake-fixed stow nets), conducted with a single power-driven fishing vessel; |
| 2. | Coastal purse seine fishery: Fishery business of catching aquatic animals, using a seine net or round haul net, conducted with a single powered or unpowered fishing vessel; |
| 3. | Coastal pot fishery: Fishery business of catching aquatic animals, using a pot, conducted with a single powered or unpowered fishing vessel; |
| 4. | Coastal beam trawl fishery: Fishery business of catching shrimp species (excluding shrimp for fermentation) using a beam trawl with rods fixed at the net opening, conducted with a single power-driven fishing vessel; |
| 5. | Coastal drag net fishery: Fishery business of catching anchovy (limited to Gangwon Special Self-Governing Province) using a trawl net (excluding bottom trawl nets), conducted with 2 power-driven fishing vessels; |
| 6. | Coastal gill net fishery: Fishery business of catching aquatic animals using a drift or fixed gill net, conducted with a single powered or unpowered fishing vessel; |
| 7. | Coastal lift net fishery: Fishery business of catching aquatic animals, using a small lift dip net or lift net, conducted with a single powered or unpowered fishing vessel; |
| 8. | Coastal mixed fishery: The following fishery business conducted with a single powered or unpowered fishing vessel; |
| a. | Line fishing: Fishery business of catching aquatic animals using a long line, single line, or jigging gear; |
| b. | Octopus pot fishery: Fishery business of catching octopus species, using an octopus pot (excluding those conducted in Gangwon Special Self-Governing Province); |
| c. | Hand-caught Pacific saury fishery: Fishery business of catching Pacific saury, using manual capture methods; |
| d. | Shell-based fishery: Fishery business of catching aquatic animals, using shells of horned turban, purple whelk, or other similar shellfish or shell-shaped fishing gear made of earthenware, synthetic resin, or other similar materials; |
| e. | Shellfish bait net fishery: Fishery business of catching shellfish, using baited net pouches (limited to the coastal areas of Incheon Metropolitan City, Gyeonggi-do, Chungcheongnam-do, Jeonbuk Special Self-Governing Province, and Mokpo-si, Yeonggwang-gun, Hampyeong-gun, Muan-gun, and Sinan-gun in Jeollanam-do). |
| (2) | The shape of fishing gear for each type of fishery business specified in the subparagraphs of paragraph (1) shall be as specified in Appendix 2. |
| Article 23 (Types of fishery business within demarcated zones of waters) |
| (1) | The types of fishery business within a demarcated zone of waters under Article 40 (3) of the Act (hereinafter referred to as "fishery business within a demarcated zone of waters") shall be as follows: |
| 1. | Tidal trap net fishery: Fishery business of catching aquatic animals by deploying a tidal trap net; |
| 2. | Trap net fishery: Fishery business of catching aquatic animals by deploying a trap net; |
| 3. | Lift net fishery: Fishery business of catching aquatic animals by deploying a lift net; |
| 4. | Drag net fishery: Fishery business of catching aquatic animals by deploying a drag net; |
| 5. | Set-net-type fishery: Fishery business of catching aquatic animals by deploying a hoop net, set net, or pound net; |
| 6. | Anchored stow net fishery: Fishery business of catching aquatic animals by deploying an anchored stow net; |
| 7. | Stationary stow net-type fishery: Fishery business of catching aquatic animals by deploying a stake-fixed stow net, stationary stow net, or long bag set net; |
| 8. | Beach seine fishery: Fishery business of catching aquatic animals by deploying a beach seine net; |
| 9. | Boat-mounted stow net fishery: Fishery business of catching aquatic animals by deploying a boat-mounted stow net; |
| 10. | Shrimp beam trawl fishery: Fishery business of catching shrimp species by deploying a beam trawl with rods fixed at the net opening; |
| 11. | Anchored stow net fishery targeting glass eel: Fishery business of catching glass eel by deploying an anchored stow net; |
| 12. | Dredge fishery targeting shellfish: Fishery business of catching shellfish by deploying a dredge. |
| (2) | The shape of fishing gear for each type of fishery business specified in the subparagraphs of paragraph (1) shall be as specified in Appendix 2. |
| Article 24 (Criteria for permissible bycatch) |
| (1) | The types of fishery business and aquatic animals for which bycatch is allowed, and the scope of permissible bycatch under the proviso, with the exception of the subparagraphs, of Article 42 (1) of the Act shall be as specified in Appendix 3. |
| (2) | "Catch amount prescribed by Presidential Decree" in Article 42 (4) 2 of the Act means 100 kilograms. |
| Article 25 (Research institutes capable of providing opinions on permission for temporary fishery business) |
"Head of a research institute prescribed by Presidential Decree" in Article 43 (3) 3 of the Act means the president of the National Institute of Fisheries Science.
| Article 26 (Reported fishery business) |
| (1) | The types of fishery business required to be reported under Article 48 (1) of the Act (hereinafter referred to as "reported fishery business") shall be as follows: |
| 1. | Free diving fishery: Fishery business of catching or harvesting shellfish, seaweeds, and other sessile aquatic plants and animals, which involves diving without an oxygen supply device, using a sickle, hoe, knife, or other similar devices; |
| 2. | Barehanded fishery: Fishery business of catching and harvesting aquatic plants and animals, by hand using a sickle, hoe, seaweed rack, hooks, or other similar devices. |
| (2) | "Cases prescribed by Presidential Decree" in the proviso of Article 48 (4) of the Act means where a reported fishing place falls within waters for which the prohibition of a license for fishery business is publicly announced under Article 9 (3). |
| (3) | "Matters prescribed by Presidential Decree" in Article 48 (6) 3 of the Act means the following: <Amended on Jan. 9, 2024> |
| 1. | Adjustment of fishing waters, as well as permission for, or restrictions on, fishing operations, as prescribed in Article 56 of the Act; |
| 2. | To use tools determined and publicly notified by the Minister of Oceans and Fisheries for each type of reported fishery business. |
| (4) | If a report on fishery business becomes invalid under Article 48 (8) of the Act, the head of a Si/Gun/Gu shall without delay retrieve the fishery business report certificate under paragraph (5) of that Article. |
| Article 27 (Provisions applicable mutatis mutandis) |
| (1) | Articles 9 and 15 through 17 shall apply mutatis mutandis to permitted fishery business under Articles 40 and 43 of the Act. |
| (2) | Article 16 (excluding matters regarding the revocation of a license for fishery business) and Article 17 shall apply mutatis mutandis to reported fishery business under Article 48 of the Act. |
CHAPTER IV FISH TRANSPORT SERVICES
| Article 28 (Registration of fish transport services) |
| (1) | Upon receipt of an application for registration under the main clause, with the exception of the subparagraphs, of Article 51 (1) of the Act, the head of a Si/Gun/Gu shall grant registration, except in any of the following cases: |
| 1. | Where the applicant fails to meet the qualification standards for fish transport service providers, or the registration or facility standards for fish transport services under Article 51 (2) of the Act; |
| 2. | Where the applicant and the relevant fishing vessel to be registered fall under the category of the grounds for disqualification for fish transport service registration under Article 51 (3) of the Act; |
| 3. | Where the applicant and the relevant fishing vessel to be registered fall under Article 40 (5) of the Act (applicable only where the relevant license is revoked on the grounds specified in subparagraph 1, 3, or 4 of Article 34 of the Act), which is applied mutatis mutandis under Article 54 of the Act; |
| 4. | Other cases of violation of restrictions under the Act, this Decree, or other statutes or regulations. |
| (2) | The qualification standards for fish transport service providers and the registration standards for fish transport services under Article 51 (2) of the Act shall be as specified in Appendix 4. |
CHAPTER V COORDINATION OF FISHERY BUSINESS
| Article 29 (Establishment of sanitation control standards) |
If necessary for sanitation control under Article 55 (1) of the Act, the Minister of Oceans and Fisheries may determine and publicly notify the standards for the management of fishing ground environments and aquatic plants and animals, such as water quality and bottom materials on the seabed, which may impose restrictions or prohibitions on catching or harvesting aquatic plants and animals.
| Article 30 (Restrictions or prohibition on handling of catches for sanitation control) |
| (1) | The administrative authority may restrict or prohibit the handling of catches and their derived products under Article 55 (1) 1 of the Act, in any of the following cases: |
| 2. | Where the president of the National Institute of Fisheries Science notifies that it is necessary to restrict or prohibit the handling of the catches and their derived products due to the failure of the water quality or aquatic plants and animals in the relevant waters to meet the control standards under Article 29. |
| (2) | If the administrative authority intends to impose a restriction or prohibition under paragraph (1), it shall determine and publicly notify specific details, such as the restriction or prohibition period and the relevant waters for each type of catch and its derived products subject to such restriction or prohibition. |
| Article 31 (Restrictions on fishing zones and permit quotas for inshore fishery business) |
| (1) | The fishing zones and permit quotas for inshore fishery business under Article 55 (1) 2 and 3 of the Act shall be as specified in Appendix 5; provided, the restrictions on permit quotas prescribed in Appendix 5 do not apply in any of the following cases: |
| 1. | Where permission for fishery business is granted to allow a person engaged in a specific type of fishery which is prohibited under a fisheries agreement with a foreign country (including international organizations), to engage in another type of fishery; |
| 2. | Where fishing operations are permitted in the jurisdictional waters of a foreign country (including waters designated by an international organization); |
| 3. | Where permission for the same type of inshore fishery business as that permitted to an abductee defined in subparagraph 1 of Article 2 of the Act on Compensation and Assistance to Victims of Abduction by North Korea after Conclusion of the Military Armistice Agreement (hereinafter referred to as "abductee") who meets all of the following requirements is granted to a family member of the abductee (referring to 1 person determined as a victim of abduction by North Korea defined in subparagraph 3 of Article 2 of that Act by the Deliberative Committee on Compensation and Assistance to Victims of Abduction by North Korea under Article 6 of that Act, who has the first priority according to the priority order specified in the subparagraphs of Article 3 (1) of that Act; and in cases where at least 2 persons share the same priority, referring to the representative selected by consensus among those persons): |
| a. | The abductee shall have failed to return after having been abducted to North Korea with a fishing vessel or shall have died while residing in North Korea; |
| b. | The inshore fishery business permitted to the abductee shall have been closed; |
| c. | At least 5 years shall have elapsed since the date the abductee was abducted; |
| 4. | Where permission for the same type of inshore fishery business as that permitted to a person of distinguished services during special missions defined in subparagraph 2 of Article 2 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations (hereinafter referred to as "person of distinguished services during special missions") who meets all of the following requirements is granted to a family member of the person of distinguished services during special missions (referring to 1 person registered under Article 6 of that Act, who has the first priority according to the priority order specified in the subparagraphs of Article 4 (1) of that Act; and in cases where at least 2 persons share the same priority, referring to the representative selected by consensus among those persons): |
| a. | The person of distinguished services during special military missions shall have died or disappeared while performing a special mission using a fishing vessel or while receiving education and training related thereto; |
| b. | The head of the relevant central administrative agency shall have confirmed that the fishing vessel used by the person of distinguished services during special military missions has been scrapped or disappeared; |
| c. | The inshore fishery business permitted to the person of distinguished services during special military missions shall have been closed; |
| d. | At least 5 years shall have elapsed since the date the person of distinguished services during special military missions died or disappeared. |
| (2) | Notwithstanding the main clause of paragraph (1), the Minister of Oceans and Fisheries may restrict permission for inshore fishery business, if deemed necessary for fisheries agreements or the coordination of fishery business (including fisheries restructuring, such as the reduction of fishing vessels) with foreign countries (including international organizations) or for the stabilization of fishery business operations. |
| Article 32 (Restrictions or prohibitions necessary for implementation of fisheries agreements) |
| (1) | If deemed necessary for the implementation of fisheries agreements with foreign countries (including international organizations), generally accepted international law, or the fisheries-related statutes and regulations of foreign countries, the Minister of Oceans and Fisheries may impose the following restrictions or prohibitions under Article 55 (1) 5 of the Act: <Amended on Jan. 9, 2024> |
| 1. | Restrictions or prohibitions on fishing operations in specific waters; |
| 2. | Restrictions or prohibitions on the total allowable catch and fishing periods by species; |
| 3. | Restrictions or prohibitions on the transport, landing (referring to transferring fishery products, cargo, etc. from a vessel to land; hereinafter the same shall apply), or transshipment of catches and their derived products; |
| 4. | Restrictions or prohibitions on fishing operations in the jurisdictional waters of a foreign country (including waters designated by an international organization); |
| 5. | Restrictions or prohibitions on fishery business for a fishery owner who fails to take measures under a fisheries agreement with a foreign country (including an international organization); |
| 6. | Restrictions or prohibitions on private-sector cooperation in fishery business; |
| 7. | Restrictions or prohibitions on the export of fishery products to the United States that are subject to export restrictions or prohibitions under the U.S. Marine Mammal Protection Act and related statutes and regulations. |
| (2) | The Minister of Oceans and Fisheries may require the Director of the National Fisheries Quality Management Service to issue an export verification certificate proving that the relevant fishery products are not subject to restrictions or prohibitions on export to the United States under paragraph (1) 7. <Added on Jan. 9, 2024> |
| (3) | Necessary matters regarding restrictions or prohibitions on the export of fishery products to the United States under paragraph (1) 7 and the procedures for issuing export verification certificates under paragraph (2) shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Added on Jan. 9, 2024> |
| Article 33 (Restrictions on packaging and containers for fishery products) |
| (1) | If the Minister of Oceans and Fisheries deems it necessary to maintain order in distribution under Article 55 (1) 6 of the Act, the Minister may restrict the manufacture, sale, or use of packaging and containers for fishery products. |
| (2) | If the Minister of Oceans and Fisheries intends to restrict the manufacture, sale, or use of packaging and containers for fishery products under paragraph (1), the Minister shall determine and publicly notify the following details: |
| 1. | The specifications and materials of packaging and containers by item; |
| 2. | Restrictions on the use of packaging and containers other than those referred to in subparagraph 1; |
| 3. | Inspection of the specifications and materials of packaging and containers; |
| 4. | Restrictions on the use or sale of packaging and containers. |
| Article 34 (Designation of landing or trading sites) |
| (1) | Upon receipt of an application from the head of the competent Si/Gun/Gu or after consultation with such head, a Mayor/Do Governor may designate part of a fishery products auction house at the place of origin defined in subparagraph 4 of Article 2 of the Fishery Products Distribution Management and Support Act as a landing or trading site for aquatic animals and plants caught or harvested and their derived products under Article 55 (1) 7 of the Act. |
| (2) | When designating a landing or trading site under paragraph (1), a Mayor/Do Governor shall publicly notify the following details and inform the Minister of Oceans and Fisheries thereof: |
| 1. | The name and manager of the landing or trading site; |
| 2. | The location, scale, and facility specifications of the landing or trading site. |
| Article 35 (Revocation of designation of landing or trading sites) |
| (1) | A Mayor/Do Governor may revoke the designation of a landing or trading site under Article 55 (1) 7 of the Act, upon receipt of a request from the head of the competent Si/Gun/Gu or after consultation with such head, in any of the following cases; provided, in the case of subparagraph 1, the Mayor/Do Governor shall revoke the designation: <Amended on Oct. 22, 2024> |
| 1. | Where the landing or site has been designated by fraud or other improper means; |
| 2. | Where there has been no record of landing or trading operations for at least 1 consecutive year, without good cause. |
| (2) | When revoking the designation of a landing or trading site under paragraph (1), a Mayor/Do Governor shall publicly notify such revocation and inform the Minister of Oceans and Fisheries thereof. |
| Article 36 (Application for adjustment of fishing zones) |
| (1) | If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to apply for the adjustment of fishing zones under Article 56 of the Act, the relevant authority shall submit an application for the adjustment of fishing zones in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries or the Mayor/Do Governor, along with the following documents: |
| 1. | A statement of reasons for requesting the coordination of fishery business; |
| 2. | The location of the relevant waters and a map of the adjusted areas; |
| 3. | A survey report on the status of fishery business in the relevant waters; |
| 4. | Documents on the results of consultations between the disputing parties. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Oceans and Fisheries or a Mayor/Do Governor may organize a council among the relevant Metropolitan City, Do, and Special Self-Governing Province or among the relevant Si/Gun/autonomous Gu, to authorize the council to adjust fishing zones. |
| (3) | If no adjustment is made by a council under paragraph (2), the Minister of Oceans and Fisheries or a Mayor/Do Governor may adjust the relevant fishing zones after the following deliberation: |
| 1. | The Minister of Oceans and Fisheries: Deliberation by the Central Fisheries Mediation Committee under Article 95 of the Act (hereinafter referred to as the "Central Committee"); |
| 2. | A Mayor/Do Governor: Deliberation by a City/Do fisheries mediation committee under Article 95 of the Act (hereinafter referred to as "City/Do committee"). |
| Article 37 (Limitation on gross tonnage of fishing vessels) |
| (1) | The gross tonnage limit for fishing vessels permitted for fishery business under Article 58 (1) of the Act shall be as specified in Appendix 6. |
| (2) | If a person who has obtained permission for fishery business under Article 40 (1) through (3) of the Act modifies a fishing vessel permitted for fishery business or replaces it with another fishing vessel, the gross tonnage of the modified or replacement vessel shall not exceed that of the originally permitted vessel; provided, this shall not apply in any of the following cases: |
| 1. | Where the gross tonnage of a modified or replacement fishing vessel exceeds that of the vessel originally permitted for fishery business, and if the increase in the gross tonnage resulting from the modification or replacement is offset by scrapping another fishing vessel permitted for the same type of fishery business, so that the total gross tonnage does not exceed the gross tonnage limits specified in Appendix 6; |
| 2. | Where the combined gross tonnage of at least 2 fishing vessels permitted for the same type of fishery business (including where the vessels are owned by different individuals) is exceeded by the combined gross tonnage of the modified or replacement vessels, and if the increase in the combined gross tonnage resulting from the modification or replacement is offset by scrapping another fishing vessel permitted for the same type of fishery business, so that the total gross tonnage does not exceed the gross tonnage limits specified in Appendix 6; |
| 3. | Where the person increases the gross tonnage of a fishing vessel permitted for diving fishery under Article 21 (1) 21, not exceeding the gross tonnage limits specified in Appendix 6; |
| 4. | Where the person increases the gross tonnage of a fishing vessel with a gross tonnage of less than 3 tons, permitted for coastal fishery business or fishery business within a demarcated zone of waters, to 3 tons, or replaces such vessel with another fishing vessel with a gross tonnage of up to 3 tons, already permitted for the same type of fishery business; |
| 5. | Where the person increases the gross tonnage of a fishing vessel permitted for dredge fishery targeting shellfish under Article 23 (1) 12, not exceeding the gross tonnage limits specified in Appendix 6; in such cases, if the relevant fishing vessel is permitted for at least 2 types of fishery business, any fishery business other than dredge fishery targeting shellfish shall be discontinued. |
| (3) | Where a fishing vessel permitted for fishery business under paragraph (2) is modified or replaced by a newly constructed fishing vessel, the margin of error under the former part of Article 8 (3) of the Fishing Vessels Act shall apply in determining whether the gross tonnage of the fishing vessel is increased. In such cases, the gross tonnage of the fishing vessel, as calculated by applying the margin of error, shall not exceed the limits specified in Appendix 6. |
| Article 38 (Restrictions on scale of fishing gear) |
| (1) | The scale, shape, material, quantity used, and method of use of fishing gear for each type of fishery business under Article 60 (1) of the Act shall be as specified in Appendix 2. |
| (2) | The prohibited zones and periods for the use of fishing gear for each type of fishery business under Article 60 (1) of the Act shall be as specified in Appendix 7. |
| (3) | The mesh size restrictions for each type of fishery business under Article 60 (1) of the Act shall be as specified in Appendix 8. |
| (4) | If deemed necessary for the sustainable use of fishery resources and the coordination of fishery business, the Minister of Oceans and Fisheries or a Mayor/Do Governor may determine and publicly notify details regarding restrictions on the scale, shape, material, quantity used, and method of use of fishing gear, the prohibited zones and periods for its use, and mesh size under paragraphs (1) through (3) (hereinafter referred to as "scale and other aspects of fishing gear") for the following types of fishery business: |
| 1. | The Minister of Oceans and Fisheries: Inshore fishery business; |
| 2. | A Mayor/Do Governor: Coastal fishery business and fishery business within a demarcated zone of waters. |
| Article 39 (Restrictions on scale and other aspects of fishing gear to persons concluding agreements between fishery owners) |
| (1) | The scope of restrictions on the scale and other aspects of fishing gear for each type of fishery business under the proviso of, with the exception of the subparagraphs, of Article 60 (2) of the Act shall be as specified in Appendix 9. |
| (2) | If a Mayor/Do Governor separately determines and publicly notifies the scope of restrictions on the scale and other aspects of fishing gear for each type of fishery business under the proviso of, with the exception of the subparagraphs, of Article 60 (2) of the Act, the public notice shall include the following: |
| 1. | Details of the restrictions on the scale and other aspects of fishing gear for each type of fishery business under proviso of, with the exception of the subparagraphs, of Article 60 (2) of the Act; |
| 2. | A list of fishery owners or fishers subject to the restrictions on the scale and other aspects of fishing gear under subparagraph 1 and the names of the relevant fishing vessels; |
| 3. | If a fishery owner or fisher under subparagraph 2 and the relevant fishing vessel cease to fall under any category specified in the subparagraphs of Article 60 (2) of the Act, a statement that the restriction on the scale and other aspects of fishing gear under subparagraph 1 shall not apply; |
| 4. | Other matters regarding restrictions on the scale and other aspects of fishing gear necessary for the protection of fishery resources and the orderly maintenance of fishery business. |
| (3) | If a fishery owner or fisher and the relevant fishing vessel listed in the public notice under paragraph (2) 2 cease to fall under any category specified in Article 60 (2) of the Act, a Mayor/Do Governor shall publicly notify the names of such owner or fisher and the relevant vessel. |
| Article 40 (Verification of scale and other aspects of fishing gear) |
“Specialized institution prescribed by Presidential Decree” in the main clause of Article 61 (1) of the Act means the National Institute of Fisheries Science.
| Article 41 (Designation of recreational fishing grounds) |
“Fishery business prescribed by Presidential Decree” in Article 62 (1) of the Act means fishery business within a demarcated zone of waters specified in Article 23 (1) 1 through 9.
| Article 42 (Installation of markers) |
| (1) | Upon receipt of an order to install markers for a fishing ground and a fishing vessel under Article 66 (1) of the Act, a fishery owner shall install markers identifying the starting point and zone of the fishing ground, as well as the fishing vessel and gear within 30 days from the date of receipt of such order. |
| (2) | With respect to the markers under paragraph (1), the specifications, form, and installation methods of markers identifying the starting point and area of fishing grounds shall be prescribed by Decree of the Ministry of Oceans and Fisheries, while those for markers identifying fishing vessels and gear shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 43 (Necessary measures for fishers) |
The administrative authority may take the following measures for fishers, fish transport service providers, fish transport service workers, or fishery product processors under Article 67 (2) of the Act: | 1. | Training for fishers, fish transport service providers, fish transport service workers, or fishery product processors; |
| 2. | Guidance on the management of fishery facilities, fish transport service facilities, and fishery product processing facilities; |
| 3. | Guidance on the distribution system of fishery products; |
| 4. | Guidance on the maritime safety operations of fishing vessels and the orderly maintenance of fishery business; |
| 5. | Guidance on the improvement of employment conditions; |
| 6. | Request for cooperation regarding boarding for practical training of teachers and students from schools in the field of fisheries; |
| 7. | Coordination and guidance on overseas employment and training related to fisheries; |
| 8. | Guidance on the development of overseas fishing grounds; |
| 9. | Coordination and guidance for fishers seeking permission for fishing operations in foreign waters from foreign countries. |
| Article 44 (Order to stop or return to port) |
| (1) | A public official supervising fishery business may order a vessel to stop or return to port by one of the following methods under Article 69 (1) of the Act: |
| 1. | Hoisting the "L" signal flag as prescribed in the International Code of Signals of the International Maritime Organization; |
| 2. | Emitting the "L" signal (consisting of 1 short blast, 1 long blast, and 2 short blasts, repeated at 7-second intervals) using a siren, ship's horn, or any other sound signal as prescribed in the International Code of Signals of the International Maritime Organization; |
| 3. | Emitting the "L" signal (consisting of 1 short flash, 1 long flash, and 2 short flashes, repeated at 7-second intervals) using a flashing light as prescribed in the International Code of Signals of the International Maritime Organization; |
| 4. | Using a microphone or voice. |
| (2) | A vessel used for the supervision of fishery business under paragraph (1) shall display an identification mark or flag recognizable by other fishing vessels. |
| (3) | "Long blast" or "long flash" in paragraph (1) means a continuous sound or light signal lasting for 3 seconds, while "short blast" or "short flash" means a sound or light signal lasting for 1 second. |
| (4) | Necessary matters regarding the types, forms, and installation methods of identification marks or flags under paragraph (2) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 45 (Qualifications of public officials supervising fishery business) |
| (1) | Public officials supervising fishery business under Article 69 (1) and (2) of the Act shall be as follows: |
| 1. | State public officials in charge of fishery-related affairs, designated by the Minister of Oceans and Fisheries or a Mayor/Do Governor; |
| 2. | Local public officials in charge of fishery-related affairs, designated by a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (2) | The identification of public officials supervising fishery business paragraph (1) shall be in accordance with the Form. |
CHAPTER VI MANAGEMENT OF FISHING GEAR
| Article 46 (Persons obligated to implement real name system for fishing gear) |
"Fisher prescribed by Presidential Decree" in Article 76 (1) of the Act means any person who conducts the following types of fishery business: | 1. | Inshore gill net fishery, inshore anchored stow net fishery, or inshore pot fishery under Article 21 (1) 11, 12, or 17; |
| 2. | Coastal improved anchored stow net fishery, coastal pot fishery, or coastal gill net fishery under Article 22 (1) 1, 3, or 6; |
| 3. | Anchored stow net fishery targeting glass eel under Article 23 (1) 11. |
| Article 47 (Designation of sea areas subject to collection of fishing gear and periods for such collection) |
| (1) | When determining sea areas subject to the collection of fishing gear and the periods for such collection under Article 77 (1) of the Act, the administrative authority shall take into account the following: |
| 1. | The status of aquatic animals and plants, fishery resources, and other relevant resources inhabiting the sea areas to be designated as subject to collection; |
| 2. | The impact of fishing gear installed in the sea areas to be designated as subject to collection on fishery resources and the ecosystem; |
| 3. | The current state of operating fishery business, aquaculture business, and other relevant business in the sea areas to be designated as subject to collection. |
| (2) | If the administrative authority intends to order a person who has obtained permission for fishery business in the sea areas subject to the collection of fishing gear to collect such gear or intends to restrict fishery business of the person under Article 77 (3) of the Act, the authority shall give written notice of the following: |
| 1. | The grounds for an order to collect fishing gear or for restriction of fishery business; |
| 2. | The scope and area of the sea areas subject to the collection of fishing gear and the period for such collection; |
| 3. | The scope and area of the sea areas subject to restriction on fishery business and the period of such restriction; |
| 4. | Other matters necessary for issuing an order to collect fishing gear or for restricting fishery business. |
| Article 48 (Cost burden for collection of abandoned or lost fishing gear) |
| (1) | The administrative authority may require the owner of abandoned or lost fishing gear to bear the following costs under the main clause of Article 78 (3) of the Act: |
| 1. | The owner of abandoned fishing gear: 100/100 of the costs incurred in collecting, disposing of, and storing the relevant gear; |
| 2. | The owner of lost fishing gear: 50/100 of the costs incurred in collecting, disposing of, and storing the relevant gear. |
| (2) | “In cases prescribed by Presidential Decree” in the proviso of Article 78 (3) of the Act means the following cases: |
| 3. | Where fishing gear is unavoidably abandoned or lost in order to rescue human life or a fishing vessel or to prevent the occurrence and spread of marine pollution, etc.; |
| 4. | Where fishing gear is abandoned or lost for any reason not attributable to the owner of such gear. |
| Article 49 (Support for projects for collection and disposal of abandoned fishing gear) |
| (1) | The administrative authority may conduct the following projects to collect and dispose of abandoned fishing gear under Article 80 (1) of the Act: |
| 1. | Purchase of abandoned fishing gear collected by fishers; |
| 2. | Recycling of collected abandoned fishing gear. |
| (2) | The administrative authority provides subsidies to cover all or part of the expenses for the following, to a person, corporation, or organization that collects or disposes of abandoned fishing gear under Article 80 (1) of the Act: |
| 1. | Improvement of equipment for collecting abandoned fishing gear; |
| 2. | Improvement of facilities for storing and disposing of abandoned fishing gear; |
| 3. | Other matters the administrative authority deems necessary to facilitate the collection and disposal of abandoned fishing gear. |
| Article 49-2 (Scope of fishing gear and buoys subject to imposition of fishing gear deposits) |
“Fishing gear and buoys prescribed by Presidential Decree” in the former part of Article 81 (1) of the Act means any of the following fishing gear and buoys (hereinafter referred to as "fishing gear, etc."): | 1. | Pots used in inshore pot fishery specified in Article 21 (1) 17; |
| 2. | Pots used in coastal pot fishery specified in Article 22 (1) 3 (excluding eel pots); |
| 3. | Buoys prescribed by Decree of the Ministry of Oceans and Fisheries, including fishing ground buoys. |
[This Article Added on Jan. 9, 2024]
| Article 49-3 (Grounds for exceptions to return of fishing gear) |
| (2) | Where it is deemed impracticable to return fishing gear, etc. under the proviso of Article 81 (2) of the Act, the Fishing Gear Deposit Management Center under Article 83 (1) of the Act (hereinafter referred to as the "Fishing Gear Deposit Management Center") shall, after receiving an application for a refund of the fishing gear deposit, return the fishing gear deposit to the purchaser of the relevant fishing gear, etc. without returning the fishing gear, etc., as prescribed by Decree of the Ministry of Oceans and Fisheries. |
[This Article Added on Jan. 9, 2024]
| Article 49-4 (Scope of support for Fishing Gear Deposit Management Center) |
| (1) | The Minister of Oceans and Fisheries may provide financial and technical support for a project to enhance the recovery rate of fishing gear, etc. conducted by the Fishing Gear Deposit Management Center under Article 84 (1) of the Act. In such cases, the specific scope of such support shall be determined, within the budget, in consultation with the Minister of Economy and Finance. |
| (2) | If the Fishing Gear Deposit Management Center intends to receive financial and technical support under paragraph (1), it shall submit an application for support to the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
[This Article Added on Jan. 9, 2024]
CHAPTER VII PROMOTION OF FISHERIES
| Article 50 (Requirements for persons eligible for pilot projects for deregulation of fishery business) |
| (1) | “Requirements prescribed by Presidential Decree” in the former part, with the exception of the subparagraphs, of Article 86 (1) of the Act means the following requirements: |
| 1. | The relevant person shall comply with the annual catch limits by species of aquatic animals as determined by the Minister of Oceans and Fisheries; |
| 2. | The relevant person shall equip the fishing vessel with a vessel location transmitter that complies with the standards determined by the Minister of Oceans and Fisheries or the Commissioner General of the Korea Coast Guard under Article 5-2 (1) of the Fishing Vessels Act, and shall ensure that the device operates properly; |
| 3. | The relevant person shall report fishing operation records in accordance with the reporting system regarding such records determined by the Minister of Oceans and Fisheries; |
| 4. | The relevant person shall comply with other requirements determined by the Minister of Oceans and Fisheries, such as equipping systems for vessel safety and fishing operation monitoring. |
| (2) | "Matters prescribed by Presidential Decree" in 86 (1) 8 of the Act means the following: |
| Article 51 (Obligations to be fulfilled by Mayors/Do Governors) |
“Where a Mayor/Do Governor fulfills obligations prescribed by Presidential Decree, such as restricting catches, for the management of fishery resources” in Article 87 (1) of the Act means the fulfillment of all of the following obligations: | 1. | The Mayor/Do Governor shall formulate and implement an independent plan for the conservation of coastal resources; |
CHAPTER VIII COMPENSATION, SUBSIDIES, AND RULING
| Article 52 (Claim for compensation) |
| (1) | A person who intends to receive compensation under Article 88 (1) of the Act shall, within 3 months from the date of receipt of the disposition giving rise to the compensation, submit a claim for compensation in the form prescribed by Decree of the Ministry of Oceans and Fisheries that includes the following, along with the relevant evidentiary documents proving the loss, to the administrative authority that made the disposition: |
| 1. | The license, permit, or reporting number; or in cases of a person to whom an order of relocation or removal has been issued under Article 69 (2) of the Act, his or her name (or in cases of a corporation or organization, its name and the name of its representative), address, and date of birth (or in cases of a corporation, its corporate registration number); |
| 2. | The details of the disposition and the date such disposition was made; |
| 3. | The details of the loss; |
| 4. | The amount and particulars of the loss, and the method of calculation thereof. |
| (2) | Upon receipt of a claim under paragraph (1), the administrative authority shall review and examine the details of the claim and send a written opinion thereon to the claimant for compensation and the beneficiary under Article 88 (2) of the Act (hereinafter referred to as "beneficiary"). |
| (3) | A beneficiary shall include a person who has requested a disposition giving rise to compensation regarding fishery business licensed, permitted, or reported on any ground specified in Article 33 (1) 1 through 6 of the Act or a person who has requested not to permit an extension of the validity period of a license for fishery business. |
| Article 53 (Determination and notification of compensation amount) |
| (1) | Upon receipt of a claim for compensation under Article 52 (1), the administrative authority shall, within 60 days from the date of receipt of the claim, determine the amount of compensation and the amount to be borne by the relevant beneficiary (applicable only if a beneficiary exists, hereinafter the same shall apply) after deliberation by the relevant fisheries mediation committee under Article 95 of the Act. In such cases, the period during which a fishery-related specialized investigation or research institute or educational institution provides an investigative service to calculate the loss under subparagraph 4 b of Appendix 10 shall not be included in the aforementioned period. |
| (2) | When the administrative authority determines the amount of compensation and the amount to be borne by the beneficiary under paragraph (1), the authority shall notify interested parties, such as the claimant for compensation, the beneficiary, and the right holder who has filed for registration of the relevant fishery right, of the following details: |
| 1. | The address and name of the right holder who has filed for registration of the fishery right (in cases of a corporation or organization, referring to its name and the name of its representative); |
| 2. | The identification of the fishery business; |
| 3. | The date of the disposition; |
| 4. | The amount of compensation or the amount to be borne by the beneficiary. |
| Article 54 (Payment of compensation) |
| (1) | The compensation amount determined under Article 53 (1) shall be paid by the administrative authority that made the relevant disposition (if the disposition giving rise to the compensation was requested by another administrative authority, referring to the authority that requested the disposition) within 1 year from the date of determination. |
| (2) | The compensation amount under paragraph (1) shall be paid in cash, unless there is a compelling reason not to do so, and shall be paid in a manner that is convenient for the recipient. |
| (3) | The compensation amount under paragraph (1) shall be paid to each claimant who has filed a claim for compensation for loss under Article 52 (1). |
| (4) | Upon receipt of a claim for compensation for facilities, etc., the administrative authority may delay the payment of up to 30/100 of the compensation amount under paragraph (1) until the transfer or relocation of such facilities, etc. is completed. |
| (5) | If a beneficiary to whom facilities, etc. have been delivered or transferred intends to dismantle or dispose of such facilities, etc., the beneficiary may request the administrative agency to act on his or her behalf for the dismantling or disposal. In such cases, the administrative agency so requested shall act on behalf of the beneficiary unless there is a compelling reason not to do so. |
| (6) | The costs incurred by the administrative authority in dismantling or disposing of facilities, etc. under paragraph (5) shall be borne by a person who requested the dismantling or disposal. |
| Article 55 (Calculation of amount of loss) |
The method for calculating the amount of loss for compensation, the standards for such calculation, the institutions responsible for the calculation, and other relevant matters under Article 88 of the Act shall be as specified in Appendix 10.
| Article 56 (Application for adjudication) |
| (1) | A person who intends to seek adjudication regarding a fishery activity by a piscary holder or a fishing ground zone under Article 91 or 92 of the Act shall submit an application for adjudication in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with the following documents, to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu: |
| 1. | A written agreement describing the process of reaching agreement with interested parties (or, if agreement cannot be reached, a written explanation of the reasons therefor; hereafter in this Article the same shall apply); |
| 2. | The same number of copies of the written consultation statement under subparagraph 1 as the number of interested parties. |
| (2) | Upon receipt of an application for adjudication under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall send a copy of the written agreement to the interested parties so that they may submit their opinions thereon. |
| (3) | If an interested party fails to submit an opinion within 30 days from the date of receipt of a copy of the written agreement, the party shall be deemed to have no opinion. |
| Article 57 (Adjudication) |
| (1) | Upon receipt of an application for adjudication under Article 56 (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall render an adjudication within 6 months from the day following the expiration of the period for submitting opinions under paragraph (3) of that Article. |
| (2) | If deemed necessary to render an adjudication under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may require the applicant, interested parties, and other relevant persons to appear and may hear their opinions. |
| (3) | When a Mayor/Do Governor or the head of a Si/Gun/Gu renders an adjudication under paragraph (1), the authority shall send the original copy of the written adjudication to the applicant and a certified copy of the written adjudication to the interested parties. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may pay travel expenses and daily allowances within the budget to interested parties and other relevant persons who appeared under paragraph (2). |
| Article 58 (Projects eligible for subsidies) |
Projects eligible for subsidies under Article 93 of the Act shall be as follows: | 1. | Projects for developing and disseminating fisheries science and technology; |
| 2. | Projects for supporting fisheries management; |
| 3. | Fostering of fisheries organizations; |
| 4. | Projects for handling, processing, and distributing fishery products and developing markets for such products; |
| 5. | Projects for improving production infrastructure for fishery seeds; |
| 6. | Improvement, introduction, and dissemination of fishing vessels and fishing gear; |
| 7. | Projects for restructuring the fisheries industry; |
| 8. | Projects for supporting fisheries communications and safe fishing operations; |
| 9. | Fishery business for experiment for the development of fishing grounds; |
| 10. | Projects for fishery harbor facilities; |
| 11. | Projects for creating coastal resources and improving and managing fishing ground environments; |
| 12. | Private-sector cooperative projects for fishery business under fisheries agreements with foreign countries (including international organizations); |
| 13. | Projects for disease control in aquatic organisms, including disease examination; |
| 14. | Projects for the proper management and use of fishery resources, including the prevention of overfishing of fishery resources; |
| 15. | Projects for promoting environmentally friendly fishery business, including the use of environmentally friendly fishing gear; |
| 16. | Projects for fostering and managing fishery business using tidal flats; |
| 17. | Projects for informatization of fisheries. |
CHAPTER IX FISHERIES MEDIATION COMMITTEE
| Article 59 (Composition and operation of fisheries mediation committees) |
| (1) | The members of the Central Committee, excluding the chairperson and the vice chairperson, shall consist of the following persons, with due consideration to gender balance: <Amended on Apr. 30, 2024> |
| 1. | One person designated by the president of the National Institute of Fisheries Science from among public officials belonging to the Senior Executive Service of the Institute; |
| 1-2. | One person designated by the president of the Korea Fisheries Resources Agency established under Article 55-2 of the Fishery Resources Management Act (hereinafter referred to as the "Korea Fisheries Resources Agency") from among the executive officers of the Korea Fisheries Resources Agency; |
| 1-3. | One person designated by the Chairperson of the National Federation of Fisheries Cooperatives from among the executive directors or senior management officers of the Federation; |
| 2. | Up to 7 persons commissioned by the Minister of Oceans and Fisheries from among those with extensive knowledge of, and experience in, fisheries or fishery resources; |
| 3. | Up to 11 fishers who are not members of a City/Do committee and are recommended by the competent Mayor/Do Governor after deliberation by the committee. |
| (2) | A City/Do committee shall consist of up to 17 members, including 2 cochairpersons and 1 vice chairperson, with due consideration to gender balance: the cochairpersons shall be a Vice Mayor or Vice Governor designated by the competent Mayor/Do Governor and a person elected by and from among the members; the vice chairperson shall be designated by the Mayor/Do Governor from among public officials in general service of Grade III or IV or belonging to the Senior Executive Service of a Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"); and the remaining members shall be as follows: <Amended on Apr. 30, 2024> |
| 1. | Two persons commissioned by the competent Mayor/Do Governor from among public officials of the National Institute of Fisheries Science; |
| 2. | Two persons commissioned by the competent Mayor/Do Governor from among the representatives of next generation fishery business operators; |
| 3. | Two persons commissioned by the competent Mayor/Do Governor from among those with extensive knowledge of, and experience in, fisheries or fishery resources; |
| 4. | Six persons commissioned by the competent Mayor/Do Governor from among representatives the fisheries industry; |
| 5. | Two persons each commissioned by the competent Mayor/Do Governor from among the chairpersons of the relevant district fisheries cooperatives and from among the chairpersons of the relevant sector-specific fisheries cooperatives under Article 104 of the Fisheries Cooperatives Act (hereinafter referred to as "sector-specific fisheries cooperative"); provided, in cases of an area where there is no chairperson of a sector-specific fisheries cooperative, the Mayor/Do Governor may commission a member from among persons representing the fisheries industry. |
| (3) | A Si/Gun/Gu committee shall consist of up to 15 members, including 2 cochairpersons and 1 vice chairperson, with due consideration to gender balance: the cochairpersons shall be the deputy head of a Si/Gun/Gu designated by the head of the Si/Gun/Gu and a person elected by and from among the members; the vice chairperson shall be designated by the head of the Si/Gun/Gu from among public officials of Grade IV or V of the Si/Gun or autonomous Gu (hereinafter referred to as "Si/Gun/Gu"); and the remaining members shall be as follows:1 |
| 1. | One person each commissioned by the head of the competent Si/Gun/Gun from among the chairpersons of the relevant district fisheries cooperatives and from among the chairpersons of the relevant sector-specific fisheries cooperatives (or, if there is no chairperson of a sector-specific fisheries cooperative, a person representing the members or fishers); |
| 2. | One person designated by the president of the National Institute of Fisheries Science from among its public officials; |
| 3. | Two persons commissioned by the head of the competent Si/Gun/Gu from among next generation fishery business operators; |
| 4. | Two persons recommended by the chairperson of the relevant district fisheries cooperatives from among the heads of fishing village associations; |
| 5. | Three persons commissioned by the head of the competent Si/Gun/Gu from among persons who conduct fishery business after obtaining a license or permission or filing a report in accordance with the Act; |
| 6. | Three persons commissioned by the head of the competent Si/Gun/Gu from among those with extensive knowledge of, and experience in, fisheries. |
| (4) | The term of office of the following members shall be 4 years; provided, the term of office of a member appointed to fill a vacancy shall be the remaining term of his or her predecessor: |
| 1. | A member specified in paragraph (1) 2 and 3; |
| 2. | A member specified in paragraph (2) 1 through 5; |
| 3. | A member specified in paragraph (3) 1 and 3 through 6. |
| (5) | The Central Committee, a City/Do committee, or a Si/Gun/Gu committee may have 1 executive secretary and at least 1 clerk to handle the administrative affairs of the respective committee; and an executive secretary and a clerk shall be designated by the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu, respectively, from among public officials of the Ministry of Oceans and Fisheries or the relevant City/Do or Si/Gun/Gu. |
| (6) | Each committee may establish a subcommittee for each field consisting of up to 5 members, if necessary to efficiently perform its duties. |
| Article 60 (Composition and operation of joint fisheries mediation committees) |
| (1) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may establish a Central Joint Fisheries Mediation Committee (hereinafter referred to as the "Central Joint Committee") under the Ministry of Oceans and Fisheries and may establish a regional joint fisheries mediation committee (hereinafter referred to as "regional joint committee") under a City/Do, if deemed necessary for the coordination of fishery business under Article 96 (4) of the Act. |
| (2) | The Central Joint Committee and each regional joint committee shall consist of up to 13 members, including 1 chairperson and 1 vice chairperson, with due consideration to gender balance. |
| (3) | The chairperson of the Central Joint Committee shall be designated by the Minister of Oceans and Fisheries from among public officials of Grade III or public officials in general service belonging to the Senior Executive Service, who are responsible for fishery resource policies in the Ministry of Oceans and Fisheries; the vice chairperson shall be designated by the chairperson from among public officials of Grade III or IV, or public officials in general service belonging to the Senior Executive Service, within the Ministry of Oceans and Fisheries; and the remaining members shall be as follows: |
| 1. | One director or senior management officer in charge of guidance-related affairs at the National Federation of Fisheries Cooperatives; |
| 2. | Six persons commissioned by the Minister of Oceans and Fisheries from among those with extensive knowledge of, and experience in, fisheries; |
| 3. | Four persons recommended by the competent Mayor/Do Governor from among fishery owners recognized as direct parties; in such cases, if deemed particularly necessary for mediating disputes regarding fishery business, an equal number of members shall be recommended for each party. |
| (4) | The chairperson of a regional joint committee shall be the Administrative Deputy Mayor or Administrative Deputy Governor of the relevant City/Do (referring to a person designated by the competent Governor, if there are at least 2 Administrative Deputy Governors); the vice chairperson shall be designated by the competent Mayor/Do Governor from among public officials of Grade III or IV or public officials in general service belonging to the Senior Executive Service, who are responsible for fisheries affairs of the relevant City/Do; and the remaining members shall be as follows: |
| 1. | Seven persons commissioned by the competent Mayor/Do Governor from among those with extensive knowledge of, and experience in, fisheries; |
| 2. | Four persons recommended by the head of the competent Si/Gun/Gu or by the chairperson of the relevant district fisheries cooperative from among fishery owners recognized as direct parties; in such cases, if deemed particularly necessary for mediating disputes regarding fishery business, an equal number of members shall be recommended for each party. |
| (5) | The term of office of members specified in the subparagraphs of paragraphs (3) and (4) shall expire upon conclusion of the relevant coordination of fishery business is concluded. |
| (6) | The Central Joint Committee or a regional joint committee may have 1 executive secretary and at least 1 clerk to handle the administrative affairs of the respective committee; and an executive secretary and a clerk shall be designated by the Minister of Oceans and Fisheries or a Mayor/Do Governor, respectively, from among public officials of the Ministry of Oceans and Fisheries or the relevant City/Do. |
| Article 61 (Composition and operation of fishery business mediation committees) |
| (1) | A fishery business mediation committee under Article 97 (5) of the Act (hereinafter referred to as “fishery business mediation committee”) shall be established for each of the following areas of jurisdiction: |
| 1. | The jurisdiction of the East Sea Fisheries Management Service: The East Sea Fishery Business Mediation Committee; |
| 2. | The jurisdiction of the West Sea Fisheries Management Service: The West Sea Fishery Business Mediation Committee; |
| 3. | The jurisdiction of the South Sea Fisheries Management Service: The South Sea Fishery Business Mediation Committee. |
| (2) | The East Sea Fishery Business Mediation Committee, the West Sea Fishery Business Mediation Committee, and the South Sea Fishery Business Mediation Committee shall each consist of up to 22 members, including 2 cochairpersons and 1 vice chairperson. |
| (3) | The cochairpersons of the East Sea Fishery Business Mediation Committee shall be the Director General of the East Sea Fisheries Management Service and a person elected among and by the members of the Committee; and the vice chairperson shall be designated by agreement between the cochairpersons. |
| (4) | The cochairpersons of the West Sea Fishery Business Mediation Committee shall be the Director General of the West Sea Fisheries Management Service and a person elected among and by the members of the Committee; and the vice chairperson shall be designated by agreement between the cochairpersons. |
| (5) | The cochairpersons of the South Sea Fishery Business Mediation Committee shall be the Director General of the South Sea Fisheries Management Service and a person elected among and by the members of the Committee; and the vice chairperson shall be designated by agreement between the cochairpersons. |
| (6) | The members of the East Sea Fishery Business Mediation Committee, the West Sea Fishery Business Mediation Committee, and the South Sea Fishery Business Mediation Committee shall each consist of the following persons, with due consideration to gender balance: |
| 1. | One person designated by the Minister of Oceans and Fisheries from among public officials of Grade IV or V of the Ministry of Oceans and Fisheries or public officials equivalent thereto; |
| 2. | One person designated by the president of the National Institute of Fisheries Science from among public officials of Grade IV or V of the Institute or public officials equivalent thereto; |
| 3. | Up to 6 persons designated by the competent Mayor/Do Governor from among public officials of Grade IV or V who are responsible for fisheries affairs in the relevant City/Do or public officials equivalent thereto; |
| 4. | Up to 13 persons commissioned by the Minister of Oceans and Fisheries from among persons who belong to organizations related to fishery business or those who have extensive knowledge of, and experience in, fisheries and fishery resources. |
| (7) | The term of office of the members under paragraph (6) 4 shall be 4 years; provided, the term of office of a member appointed to fill a vacancy shall be the remaining term of his or her predecessor. |
| (8) | To handle the affairs of the East Sea Fishery Business Mediation Committee, the West Sea Fishery Business Mediation Committee, and the South Sea Fishery Business Mediation Committee, 1 executive secretary and at least 1 clerk shall be appointed to each committee as follows: |
| 1. | Secretary and clerks of the East Sea Fishery Business Mediation Committee: Public officials of the East Sea Fisheries Management Service designated by the cochairpersons of the Committee; |
| 2. | Secretary and clerks of the West Sea Fishery Business Mediation Committee: Public officials of the West Sea Fisheries Management Service designated by the cochairpersons of the Committee; |
| 3. | Secretary and clerks of the South Sea Fishery Business Mediation Committee: Public officials of the South Sea Fisheries Management Service designated by the cochairpersons of the Committee. |
| Article 62 (Withdrawal of designation of members) |
If a member falls under any of the following categories, a person who has designated, recommended, or commissioned the member under Articles 59, 60, and 61 may withdraw the designation or recommendation, or dismiss the member: <Amended on Apr. 30, 2024> | 1. | If the member becomes unable to perform his or her duties for an extended period due to mental or physical weakness or any other similar reason; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | If the member is deemed unfit to serve due to negligence in duties, loss of dignity, or any other similar reason; |
| 4. | If the member declares that it is impracticable to continue performing his or her duties. |
| Article 63 (Exclusion of, challenge to, or recusal of, members) |
| (1) | A member of the Central Committee, a City/Do committee, a Si/Gun/Gu committee, the Central Joint Committee, a regional joint committee, or a fisheries mediation committee (hereinafter referred to as "each committee") shall be excluded from deliberation on mediation, compensation, adjudication, and other relevant dispositions (hereinafter referred to as "mediation, etc.") regarding fishery business, in any of the following cases: |
| 1. | Where the member or the current or former spouse of the member is a party to the relevant agenda item (if the party is a corporation or an organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is a co-obligee or co-obligor of the party; |
| 3. | Where the member has provided testimony, a statement, advice, or services or has conducted research or appraisal in relation to the relevant agenda item; |
| 4. | Where the member or a corporation or organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda item; |
| 5. | Where the member has served as an executive officer or employee of a corporation, organization, etc. that is a party to the relevant agenda item within the past 2 years; |
| 6. | Where the member was involved in a disposition or omission that constitutes the cause of the relevant agenda item. |
| (2) | If there is any reason for exclusion specified in the subparagraphs of paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, a party to the relevant agenda item may file a motion for challenge to the member with each relevant committee, which shall determine whether to accept the motion by resolution. In such cases, the member subject to the motion must not participate in the resolution. |
| (3) | If a member falls under any category specified in the subparagraphs of paragraph (1), the member shall notify each relevant committee of such fact and recuse himself or herself from the mediation, etc. related to the relevant agenda item, and in the case of paragraph (2), the member may recuse himself or herself from mediation, etc. |
| Article 64 (Duties of chairpersons) |
| (1) | The chairperson of each committee shall represent the committee and have general supervision and control of its affairs. |
| (2) | The vice chairperson shall assist the chairperson and act on behalf of the chairperson if the chairperson is unable to perform his or her duties due to any unavoidable reason. |
| (1) | The chairperson of each committee shall convene and preside over meetings of the committee. |
| (2) | A majority of the members of each committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | When the chairperson of each committee holds a meeting, he or she shall prepare and retain minutes containing the details, results, and other relevant matters of mediation, etc. |
Allowances and travel expenses may be paid to members who attend a meeting of each committee within the budget; provided, no allowance shall be paid to a public official who attends a meeting in direct relation to his or her official duties.
| Article 67 (Operating rules) |
Except as provided in this Chapter, matters necessary for the operation of each committee shall be determined by the relevant chairperson, after resolution of the committee.
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 68 (Method of service of documents by public notice) |
A public announcement under Article 98 (1) of the Act shall be made either in the Official Gazette or on the website of the Ministry of Oceans and Fisheries for matters under the jurisdiction of the Minister of Oceans and Fisheries, or in the public gazette or on the website of the relevant local government for matters under the jurisdiction of a Mayor/Do Governor or the head of a Si/Gun/Gu.
| Article 69 (Criteria for imposition of penalty surcharges) |
| (1) | The criteria for the imposition of penalty surcharges under Article 99 (1) of the Act shall be as specified in Appendix 11. |
| (2) | Notwithstanding paragraph (1), no penalty surcharge shall be imposed in lieu of a disposition restricting or suspending a licensed fishery business, etc., in any of the following cases: |
| 1. | Where a person who has obtained permission for large-scale trawl fishery under Article 21 (1) 6 conducts fishing operations in violation of the restrictions on, or conditions of, permission for fishery business under Article 44 of the Act (applicable only to the period from October 1 to January 31 of the following year); |
| 2. | Where a person who has obtained permission for fishery business within a demarcated zone of waters under Article 23 (1) 1 through 9 has installed fishing gear outside the fishing ground zone; |
| 3. | Where a person who has obtained permission for fishery business within a demarcated zone of waters under Article 23 (1) 10 through 12 conducts fishing operations in waters other than the permitted zone; |
| 4. | Where a person, while conducting fishing operations, fails to comply with the prescribed fishing zone for inshore fishery business under Article 31; |
| 5. | Where a person fails to comply with the prohibited zone and period for the use of fishing gear for each type of fishery business under Article 38 (2); |
| 10. | Where a person has been subject to administrative dispositions (including dispositions imposing penalty surcharges in lieu of suspension of fishery business or business operations) on at least 3 occasions within the 2 years immediately preceding the date of detection, for the same type of violation; |
| 11. | Where a person has been subject to an administrative disposition of at least 60 days (including dispositions imposing penalty surcharges in lieu of suspension of fishery business or business operations) within the 2 years immediately preceding the date of detection, for the same type of violation. |
| Article 70 (Procedures for imposition of penalty surcharges) |
| (1) | If the administrative authority intends to impose a penalty surcharge under Article 99 (1) of the Act, the authority shall give written notice to the person subject to such imposition, specifying the type of violation and the amount of the relevant penalty surcharge. |
| (2) | Upon receipt of notice under paragraph (1), a person shall pay the penalty surcharge to the collecting agency under Article 71 within 30 days from the date of receipt of the notice. |
| (3) | A collecting agency that has received a penalty surcharge under paragraph (2) shall issue a receipt to the payer and without delay notify the administrative authority of the payment. |
| Article 71 (Collecting agencies of penalty surcharges) |
The collecting agencies of penalty surcharges shall be as follows:
| Article 72 (Use of penalty surcharges) |
| (1) | The administrative authority shall use a penalty surcharge for the following expenses under Article 99 (4) of the Act: |
| 1. | Expenses required for the construction and repair of fisheries guidance vessels and patrol vessels; |
| 2. | Expenses required for guidance and public awareness activities to prevent illegal fishery business; |
| 3. | Duty allowances and investigation expenses for public officials serving on fisheries guidance vessels and patrol vessels, as well as for public officials responsible for guidance, enforcement, and investigation; |
| 4. | Expenses for purchasing supplies and other necessary items for the operation of fisheries guidance vessels and patrol vessels; |
| 5. | Subsidies provided to institutions responsible for guidance and enforcement against illegal fishery business; |
| 6. | Expenses for the management and disposal of catches, products, fishing vessels, fishing gear, explosives, or toxic substances confiscated under Article 110 (1) of the Act. |
| (2) | The administrative authority may determine the specific uses and usage ratios of penalty surcharges; provided, for the following uses, the ratio specified in the relevant item shall apply: |
| 1. | Duty allowances and investigation expenses under paragraph (1) 3: At least 20/100 of the total amount of the collected penalty surcharges; |
| 2. | If another administrative authority imposes sanctions for illegal fishery business and a penalty surcharge is collected by the jurisdictional administrative authority, subsidies under paragraph (1) 5 provided to such enforcement authority: 30/100 of the total amount of the collected penalty surcharges. |
| Article 73 (Methods and procedures for awards) |
| (1) | When granting an award under Article 100 of the Act, the Minister of Oceans and Fisheries may confer either a certificate of commendation or a monetary award, or both. |
| (2) | Necessary matters regarding the criteria for granting monetary awards under paragraph (1) and the methods and procedures for awarding shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 74 (Delegation of authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to a Mayor/Do Governor under Article 101 (1) of the Act: |
| 1. | Permission for inshore fishery business under Article 40 (1) of the Act; |
| 2. | Reporting on the suspension or resumption of fishery business under Article 29 (1) and (2) of the Act, as applicable mutatis mutandis under Article 50 (1) of the Act (limited to inshore fishery business); |
| 3. | Restriction or suspension of fishery business, or restriction on the mooring, departure, or entry of fishing vessels under Article 33 (1) of the Act, as applicable mutatis mutandis under Article 50 (1) of the Act (limited to inshore fishery business); |
| 4. | Revocation of a license for fishery business under subparagraph 1, 3, 4, or 6 of Article 34 of the Act, as applicable mutatis mutandis under Article 50 (1) of the Act (limited to inshore fishery business); |
| 5. | Hearings under subparagraph 2 of Article 103 of the Act (limited to inshore fishery business). |
| (2) | A Mayor/Do Governor who has handled delegated matters under paragraph (1) shall report the results thereof to the Minister of Oceans and Fisheries by December 31 of each year. |
| (3) | The Minister of Oceans and Fisheries shall entrust the following business affairs to the president of the Korea Fisheries Resources Agency under Article 101 (2) of the Act: <Added on Jan. 9, 2024> |
| 1. | Fact-finding surveys under Article 75 (1) of the Act; |
| 2. | Projects for collecting and disposing of abandoned fishing gear under Article 80 (1) of the Act; |
| 3. | Establishment and operation of the Fishing Gear Deposit Management Center under Article 83 (1) of the Act. |
[Title Amended on Jan. 9, 2024]
| Article 75 (Management of personally identifiable information) |
The administrative authority (if the relevant authority or duties are delegated or entrusted, including a person to whom such authority or duties are delegated or entrusted) and the Fishing Gear Deposit Management Center (applicable only to subparagraphs 20-2 through 20-4) may manage data containing resident registration numbers, passport numbers, or foreign registration numbers under subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following business affairs: <Amended on Jan. 9, 2024> | 1. | Business affairs regarding a license or permission for fishery business granted to a foreigner or foreign corporation under Article 5 of the Act; |
| 2. | Business affairs regarding a joint application for a license or permission for fishery business under Article 6 of the Act; |
| 3. | Business affairs regarding a license for fishery business under Article 7 of the Act; |
| 4. | Business affairs regarding the verification of grounds for disqualification of a license for fishery business under Article 9 of the Act; |
| 5. | Business affairs regarding the granting and extension of the validity period of a license for fishery business under Article 14 of the Act; |
| 6. | Business affairs regarding a limited license for fishery business under Article 15 of the Act (including cases applied mutatis mutandis under Article 50 of the Act); |
| 7. | Business affairs regarding the transfer, division, or modification of fishery rights under Article 19 of the Act; |
| 8. | Business affairs regarding reporting on the modification of licensed matters under Article 20 of the Act; |
| 9. | Business affairs regarding the use of, and restriction on, and prohibition of, service vessels under Article 27 of the Act (including cases applied mutatis mutandis under Article 50 of the Act); |
| 10. | Business affairs regarding reporting on the suspension of business, resumption of business, and the surrender of fishery rights under Article 29 of the Act (including cases applied mutatis mutandis under Articles 50 and 54 of the Act); |
| 11. | Business affairs regarding the restriction or suspension, etc. of a license for fishery business necessary for the protection of public interests under Article 33 of the Act (including cases applied mutatis mutandis under Articles 50 and 54 of the Act); |
| 12. | Business affairs regarding the revocation of a license for fishery business under Article 34 of the Act (including cases applied mutatis mutandis under Articles 50 and 54 of the Act); |
| 13. | Business affairs regarding permission for fishery business under Article 40 of the Act (including cases applied mutatis mutandis under Article 54 of the Act); |
| 14. | Business affairs regarding the succession to the status of a person granted permission for fishery business under Article 45 of the Act; |
| 15. | Business affairs regarding fishery business for experiment under Article 46 of the Act; |
| 16. | Business affairs regarding reporting on fishery business under Article 48 of the Act; |
| 17. | Business affairs regarding the registration of fish transport services under Article 51 of the Act; |
| 18. | Business affairs regarding the restriction on, suspension of, or revocation of, fish transport services under Article 52 of the Act (including cases applied mutatis mutandis under Article 50 of the Act); |
| 19. | Business affairs regarding the request for the revocation or suspension of a certificated officer's license or for a reprimand against such officer under Article 68 of the Act; |
| 20. | Business affairs regarding the duties of a public official supervising fishery business under Article 69 of the Act; |
| 20-2. | Business affairs regarding a fact-finding survey under Article 75 (1) of the Act; |
| 20-3. | Business affairs regarding the return of fishing gear deposits under Article 81 (2) of the Act; |
| 20-4. | Business affairs regarding the payment of handling fees under Article 81 (3) of the Act; |
| 21. | Business affairs regarding compensation for losses under Article 88 of the Act; |
| 22. | Business affairs regarding the adjudication on a fishery activity by a piscary holder under Article 91 of the Act; |
| 23. | Business affairs regarding the adjudication on fishing ground zones, the scope of fishery rights, protection zones, or methods used in fishery business under Article 92 of the Act; |
| 24. | Business affairs regarding an award under Article 100 of the Act. |
| Article 76 (Re-examination of regulation) |
The Minister of Oceans and Fisheries shall examine the appropriateness of the qualification standards for fish transport service providers and the registration standards for fish transport services under Article 28 and Appendix 4 every three years, counting from January 1, 2023 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.
CHAPTER XI PENALTY PROVISIONS
| Article 77 (Exclusive economic zone of foreign country) |
“Exclusive economic zone of a foreign country prescribed by Presidential Decree” in subparagraph 4 of Article 108 of the Act means the exclusive economic zone of Japan.
| Article 78 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 112 (1) through (4) of the Act shall be as specified in Appendix 12. <Amended on Jan. 9, 2024>
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023.
Article 2 (General transitional measures)
Dispositions, procedures, or other acts made, taken, or conducted under the previous Enforcement Decree of the Fishery Act as at the time this Decree enters into force shall be deemed to have been made, taken, or conducted under the corresponding provisions of this Decree.
Article 3 (Transitional measures regarding members of fisheries mediation committees)
A member of a fisheries mediation committee, a joint fisheries mediation committee, or a fishery business mediation committee who were designated, recommended, or commissioned under Articles 73, 74, and 74-2 of the previous Enforcement Decree of the Fisheries Act as at the time this Decree enters into force shall be deemed to be designated, recommended, or commissioned under the amended provisions of Articles 59 through 61, respectively. In such case, the term of office of a member deemed to be recommended or commissioned shall be the remainder of his or her original term of office. Article 4 (Transitional measures regarding types of set-net fishery business)
Set-net fishery business licensed under the previous Enforcement Decree of the Fisheries Act (referring to the version before its amendment by Presidential Decree No. 15241) as of December 31, 1996, the enforcement date of the amended Enforcement Decree of the Fisheries Act (Presidential Decree No. 15241) shall be deemed large-scale set-net fishery business, medium-scale set-net fishery business, or small-scale set-net fishery business under the amended provisions of Article 6, based on the licensed area. Article 5 (Transitional measures regarding seaweed harvesting fishery business)
Article 6 (Transitional Measures regarding coastal dredge fishery)
Article 7 (Transitional measures regarding types of fishery business)
Article 8 (Transitional measures regarding permit quotas for inshore fishery business)
Article 9 (Transitional measures regarding scope of application of previous Addenda)
The provisions of the Addenda following the amendment to the Enforcement Decree of the Fisheries Act before this Decree enters into force shall remain effective even after this Decree enters into force, except for provisions whose validity has already lapsed due to the expiration of their validity period or other circumstances. Article 11 (Relationship to other statutes and regulations)
A citation of any provision of the previous Enforcement Decree of the Fisheries Act by other statutes or regulations in force as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree, if any, in lieu of such previous provision.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 61 shall also apply to an administrative disposition, a penalty surcharge, or an administrative fine that is made or imposed after this Decree enters into force for a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 34119, Jan. 9, 2024>
This Decree shall enter into force on January 12, 2024; provided, the amended provisions of subparagraph 3 of Article 49-2 shall enter into force on January 1, 2026.
ADDENDUM <Presidential Decree No. 34476, Apr. 30, 2024>
This Decree shall enter into force on May 1, 2024.
ADDENDA <Presidential Decree No. 34550, Jun. 4, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on June 8, 2024.
ADDENDA <Presidential Decree No. 34947, Oct. 22, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to administrative dispositions)
The amended provisions of Articles 1 through 3 shall also apply to an administrative disposition that is made after this Decree enters into force for a violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 35089, Dec. 24, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on December 27, 2024.