| Article 2 (Scope of ornamental fish industry) |
| 1. | Business of producing, distributing, selling, and importing and exporting supplies necessary for breeding ornamental fish (hereinafter referred to as "ornamental fish supplies"), such as ornamental fish feed, medicines for ornamental fish, water tanks, filtration devices, and oxygen generators; |
| 2. | Breeding-related service business for ornamental fish breeding management, such as cleaning ornamental fish aquariums and other related facilities; |
| 3. | Other industries related to ornamental fish as determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 3 (Formulation and implementation of comprehensive plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 5 (2) 7 of the Act means the following: |
| 1. | Matters regarding the promotion of the utilization of ornamental fish; |
| 2. | Matters regarding the designation of, and support for, an ornamental fish production and distribution complex under Article 13 (1) of the Act; |
| 3. | Matters regarding international exchanges and overseas expansion of the ornamental fish industry; |
| 4. | Matters for the prevention of ecosystem disturbance caused by unauthorized release of ornamental fish or other related acts; |
| 5. | Matters regarding the prevention of ornamental fish diseases and the development and dissemination of medicines and vaccines for ornamental fish; |
| 6. | Matters regarding the use of various chemicals for the cultivation of ornamental fish and for the management of water tank facilities; |
| 7. | Other matters necessary for the promotion of, and support for, the ornamental fish industry. |
| (2) | The Minister of Oceans and Fisheries shall formulate an implementation plan under Article 5 (3) of the Act (hereinafter referred to as “implementation plan”) for the following year, by November 30 of each year. |
| (3) | Upon formulating a comprehensive plan for fostering and supporting the ornamental fish industry (hereinafter referred to as "comprehensive plan") and an implementation plan therefor under Article 5 of the Act, the Minister of Oceans and Fisheries shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as “Mayors/Do Governors”), as well as Special Self-Governing City Mayors. |
| (4) | Mayors/Do Governors and Special Self-Governing City Mayors may formulate and implement a detailed action plan in accordance with an implementation plan. |
| Article 4 (Fact-finding surveys) |
| (1) | The scope of a fact-finding survey under Article 6 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall be as follows: |
| 1. | The current status of ornamental fish aquaculture business entities and the production status by each entity; |
| 2. | The current status of manufacturers, distributors, and sellers of ornamental fish supplies; |
| 3. | The current status of exhibition halls, large aquariums, and expositions utilizing ornamental fish, and other related information; |
| 4. | The current status of research institutes and research related to ornamental fish; |
| 5. | The current status of imports and exports related to the ornamental fish industry; |
| 6. | Other matters necessary for the fostering and development of the ornamental fish industry. |
| (2) | A fact-finding survey may be conducted through an on-site inspection or literature review, or by other methods such as using telephone or e-mail. |
| (3) | Fact-finding surveys shall be classified into periodic surveys and occasional surveys; periodic surveys shall be conducted every 2 years, and occasional surveys shall be conducted when deemed necessary by the Minister of Oceans and Fisheries, such as when ornamental fish diseases are prevalent. |
| Article 5 (Survey of ornamental fish production volume by species) |
| (1) | The Minister of Oceans and Fisheries shall conduct a survey of ornamental fish production volume by species in addition to a fact-finding survey, to compile statistics on the ornamental fish industry under Article 6 (1) of the Act. |
| (2) | A survey under paragraph (1) shall be classified into a complete enumeration survey and a sample survey; a complete enumeration survey shall be conducted every 5 years, and a sample survey shall be conducted annually. |
| (3) | A complete enumeration survey under paragraph (2) shall be conducted in connection with a census conducted under Article 5-4 of the Statistics Act. <Amended on Jan. 2, 2024> |
| Article 6 (Designation of specialized institutions) |
| (1) | The Minister of Oceans and Fisheries may designate any of the following institutions or organizations that meet the designation criteria under paragraph (3) as an institution specializing in fostering the ornamental fish industry under Article 7 (1) of the Act (hereinafter referred to as "specialized institution"): |
| 3. | Other institutions or organizations recognized by the Minister of Oceans and Fisheries as having professional human resources and a dedicated organization necessary to perform duties for fostering the ornamental fish industry. |
| (2) | A person who intends to be designated as a specialized institution shall submit an application for designation as a specialized institution to the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (3) | The designation criteria for a specialized institution shall be as follows: |
| 1. | The institution shall have expertise in the ornamental fish industry, including research achievements in the field; |
| 2. | The institution shall have the organizational structure and human resources necessary to perform its duties as a specialized institution; |
| 3. | The institution shall possess equipment and facilities necessary to perform its duties, such as ornamental fish breeding facilities. |
| (4) | The details of the designation criteria under paragraph (3) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| (5) | The Minister of Oceans and Fisheries may revoke the designation of a specialized institution in any of the following cases; provided, such designation shall be revoked in the case of subparagraph 1: |
| 1. | Where the institution is designated by fraud or other improper means; |
| 2. | Where the institution ceases to meet the designation criteria under paragraph (3); |
| 3. | Where the institution fails to perform the duties specified in the subparagraphs of Article 7 (2) of the Act for at least 1 year without good cause; |
| 4. | Where the institution uses funds provided by the Minister of Oceans and Fisheries under Article 7 (3) of the Act for purposes other than the intended purposes. |
| (6) | When the Minister of Oceans and Fisheries designates a specialized institution under paragraph (1) or revokes its designation under paragraph (5), the Minister shall post such fact on the website of the Ministry of Oceans and Fisheries. |
| (7) | A specialized institution shall report its annual business plan for the current year and the performance of its business for the preceding year to the Minister of Oceans and Fisheries by January 31 of each year. |
| Article 7 (Designation of institutions for training professional human resources) |
| (1) | The Minister of Oceans and Fisheries, a Mayor/Do Governor, or a Special Self-Governing City Mayor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") may designate any of the following institutions or organizations that meet the designation criteria under paragraph (3) as an institution for training professional human resources under Article 8 (2) of the Act (hereinafter referred to as “institution for training professional human resources”): |
| 2. | A research institute, institution, or organization established for the purpose of conducting research on ornamental fish and other related activities. |
| (2) | A person who intends to be designated as an institution for training professional human resources shall submit an application for designation to the Minister of Oceans and Fisheries, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (3) | The designation criteria for an institution for training professional human resources shall be as follows: |
| 1. | The educational courses and content necessary for training professional human resources required for fostering and supporting the ornamental fish industry shall be appropriate; |
| 2. | The institution shall have educational facilities necessary to operate the educational courses under subparagraph 1; |
| 3. | The institution shall secure specialized teaching personnel necessary to operate the educational courses under subparagraph 1; |
| 4. | A funding plan for operating the educational courses under subparagraph 1 shall be reasonable. |
| (4) | The details of the designation criteria under paragraph (2) shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| (5) | When the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates an institution for training professional human resources, he or she shall issue a certificate of designation, as prescribed by Decree of the Ministry of Oceans and Fisheries, and record and manage the matters issued. |
| (6) | The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke the designation of an institution for training professional human resources in any of the following cases; provided, such designation shall be revoked in the case of subparagraph 1: |
| 1. | Where the institution is designated by fraud or other improper means; |
| 2. | Where the institution fails to train professionals for at least 1 year in the absence of special circumstances; |
| 3. | Where the institution ceases to meet the designation criteria under paragraph (2); |
| 4. | Where the institution uses funds provided by the State or a local government under Article 8 (3) of the Act for purposes other than the intended purposes. |
| (7) | When the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates an institution for training professional human resources under paragraph (4) or revokes its designation under paragraph (5), he or she shall post such fact on the website of the Ministry of Oceans and Fisheries or the relevant local government. |
| Article 8 (Support for start-ups) |
| (1) | The support for start-ups under Article 10 of the Act shall include the following: |
| 1. | Support for start-up costs within the budget; |
| 2. | Provision of information or consultation regarding funds, human resources, technology, sales channels, location, and other related matters. |
| (2) | A person seeking start-up support under Article 10 (1) of the Act shall submit an application for support to the Minister of Oceans and Fisheries, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (3) | Details regarding the selection of start-up support recipients and other related matters shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
| Article 9 (Support for modernization of ornamental fish aquaculture facilities and distribution) |
| (1) | The projects subject to support for the modernization of ornamental fish aquaculture facilities and distribution under Article 11 (2) of the Act shall be as follows: <Amended on Jun. 21, 2016> |
| 1. | Improvement projects for ornamental fish seed production facilities and aquaculture facilities; |
| 2. | Facility investment and improvement projects for collection centers or distribution centers for ornamental fish and other related facilities, to improve ornamental fish logistics functions; |
| 3. | Investment and improvement projects for research facilities and other related facilities to develop technology for ornamental fish supplies related to ornamental fish aquaculture facilities. |
| (2) | A person seeking support under Article 11 (1) of the Act shall submit an application for support to the Minister of Oceans and Fisheries, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (3) | The Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may, within the budget, fully or partially subsidize the projects specified in the subparagraphs of paragraph (1) to cover the project costs. |
| (4) | Details regarding projects eligible for support for the modernization of ornamental fish cultivation facilities and distribution, the methods of support, and other related matters shall be determined by the Minister of Oceans and Fisheries. |
| Article 10 (Grounds for shortening period of validity for reported fishery business) |
"Cases prescribed by Presidential Decree" in the proviso of Article 12 (2) of the Act means any of the following cases: | 1. | Where aquaculture activities for ornamental fish are expected to be restricted or prohibited under other statutes or regulations; |
| 2. | Where the lease period of the relevant ornamental fish aquaculture facility is less than 5 years. |
| Article 11 (Designation of ornamental fish production and distribution complex) |
| (1) | The Minister of Oceans and Fisheries may designate an area that meets all of the following requirements as an ornamental fish production and distribution complex (hereinafter referred to as "production and distribution complex") under Article 13 (1) of the Act: |
| 1. | At least the number of ornamental fish business entities prescribed by Decree of the Ministry of Oceans and Fisheries have expressed their intention to move into the area and engage in the ornamental fish industry; |
| 2. | Infrastructure such as roads, water supply facilities, sewage facilities, and power supply facilities can be easily installed in the area; |
| 3. | Domestic and international distribution, as well as import and export, can be easily conducted in the area; |
| 4. | The competent local government is providing support for fostering the ornamental fish industry, or has formulated and is implementing a support plan and other related measures, in the area. |
| (2) | If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to file an application for designation of a production and distribution complex under Article 13 (1) of the Act, he or she shall submit an application for designation to the Minister of Oceans and Fisheries, as prescribed by Decree of the Ministry of Oceans and Fisheries. |
| (3) | When the Minister of Oceans and Fisheries designates a production and distribution complex, the Minister shall, without delay, publicly announce such fact in the Official Gazette and on the website of the Ministry of Oceans and Fisheries and notify the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu thereof. |
| Article 12 (Development plans for ornamental fish production and distribution complexes) |
| (1) | A development plan for an ornamental fish production and distribution complex under Article 14 (1) of the Act (hereinafter referred to as "development plan") shall include the following: |
| 1. | The basic direction for the development of the production and distribution complex; |
| 2. | A plan for support and investment for the development of the production and distribution complex; |
| 3. | A plan for research and development projects for the ornamental fish industry to be conducted in the production and distribution complex; |
| 4. | Matters regarding the utilization of the production and distribution complex, such as education on ornamental fish ecological environments and development plans for educational programs to enhance understanding of ornamental fish; |
| 5. | Other matters necessary for the development of the production and distribution complex. |
| (2) | When a Mayor/Do Governor or the head of a Si/Gun/Gu formulates a development plan, he or she shall submit the plan to the Minister of Oceans and Fisheries and publicly announce it in the official gazette and website of the relevant local government. The same shall also apply to any modification thereof. |
| Article 13 (Evaluation of, and measures for, ornamental fish production and distribution complexes) |
| (1) | The Minister of Oceans and Fisheries shall evaluate the implementation status of a development plan at least once a year under Article 15 (1) of the Act. |
| (2) | If necessary to evaluate the implementation status of a development plan under paragraph (1), the Minister of Oceans and Fisheries may organize an evaluation team including experts from academia, institutions, and organizations related to ornamental fish and persons engaged in related industries. |
| (3) | The Minister of Oceans and Fisheries may take the following measures under Article 15 (2) of the Act, based on the results of evaluating the implementation status of a development plan: |
| 1. | A production and distribution complex that fails to meet the requirements for designation under Article 11 (1): A recommendation for improvement, such as supplementing the requirements for designation; |
| 2. | A production and distribution complex with insufficient performance in implementing the development plan: Adjustment of the designated area or a recommendation for improvement of investment and business plans and other related matters; |
| 3. | Failure to implement a recommendation for improvement under subparagraph 1 on at least 2 occasions, or failure to implement a recommendation for improvement under subparagraph 2 on at least 3 occasions: Revocation of designation. |
| Article 14 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 24 (1) of the Act shall be as specified in the Appendix.
ADDENDA <Presidential Decree No. 25171, Feb. 11, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on February 14, 2014.
Article 2 (Special cases regarding formulation of implementation plans)
Notwithstanding Article 3 (2), the first implementation plan to be formulated after this Decree enters into force may be formulated within 2 months from the formulation of the comprehensive plan. Article 3 (Transitional measure regarding administrative fines)
| (1) | Notwithstanding the Appendix, when applying the criteria for the imposition of an administrative fine for a violation specified in Article 27 (1) 1 of the Inland Water Fisheries Act (limited to the part related to ornamental fish aquaculture fishery business under Article 9 (1) 6 of the Enforcement Decree of that Act) before this Decree enters into force, Appendix 2 of that Enforcement Decree shall apply. |
| (2) | The imposition of an administrative fine for a violation specified in Article 27 (1) 1 of the Inland Water Fisheries Act (limited to the part related to ornamental fish aquaculture fishery business under Article 9 (1) 6 of the Enforcement Decree of that Act) before this Decree enters into force must not be included in the calculation of the number of violations under the Appendix. |
ADDENDA <Presidential Decree No. 27245, Jun. 21, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on June 23, 2016.
ADDENDA <Presidential Decree No. 34085, Jan. 2, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 19, 2024.