CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Conservation and Management of Marine Ecosystems Act and matters necessary for the enforcement thereof.
| Article 2 (Consultations on major policy measures) |
Major policies or plans directly related to the conservation and management of marine ecosystems for which the head of a central administrative agency shall consult with the Minister of Oceans and Fisheries pursuant to the main clause of Article 5(1) of the Conservation and Management of Marine Ecosystems Act (hereinafter referred to as the "Act") shall be as follows: <Amended on Aug. 17, 2007; Sep. 10, 2007; Feb. 29, 2008; Dec. 29, 2010; Mar. 23, 2013; Nov. 21, 2014; May 7, 2024>
| 1. | Plans for designation of attraction areas under Article 23 of the Industrial Cluster Development and Factory Establishment Act; |
| 2. | The designation of free trade zones under Article 4 of the Act on Designation and Management of Free Trade Zones; |
| 3. | Master plans for mining and annual implementation plans under Article 85 of the Mining Industry Act; |
| 4. | The designation of natural monuments under Article 11 of the Act on Conservation and Utilization of Natural Heritage and the designation of protection zones under Article 13 of that Act. |
| Article 3 (Establishment and operation of marine ecosystem information system) |
| (1) | The Minister of Oceans and Fisheries may entrust business affairs regarding the establishment and operation of the marine ecosystem information system to the following institutions or organizations pursuant to Article 7(3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 7, 2017; Apr. 30, 2018> |
| 1. | The Korea Marine Environment Management Corporation established under Article 96(1) of the Marine Environment Management Act; |
| 2. | Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 3. | Other institutions or organizations determined and publicly notified by the Minister of Oceans and Fisheries, which are deemed capable of performing business affairs related to marine ecosystems and information systems. |
| (2) | When the Minister of Oceans and Fisheries entrusts business affairs pursuant to paragraph (1), the Minister shall publicly notify the relevant entrusted institution and the details of entrusted business affairs, etc. <Added on Feb. 7, 2017> |
| (3) | If the Minister of Oceans and Fisheries entrusts a specialized institution with business affairs regarding the establishment and operation of the marine ecosystem information system pursuant to Article 7(3) of the Act, the Minister may provide support for facilities, technology, and administration necessary to facilitate such affairs and may provide financial support within the budget, if necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 7, 2017> |
CHAPTER II FORMULATION OF PLANS FOR CONSERVATION AND MANAGEMENT OF MARINE ECOSYSTEMS AND SURVEYS
| Article 4 (Details of master plans for conservation and management of marine ecosystems) |
| (1) | "Matters prescribed by Presidential Decree" in Article 9(2)10 of the Act means the following matters: <Amended on May 28, 2018> |
| 1. | Matters regarding support for movements to protect marine ecosystems under Article 6 of the Act; |
| 2. | Matters regarding the establishment and operation of the marine ecosystem information system under Article 7 of the Act; |
| 3. | Matters regarding prediction of changes in marine ecosystems due to global warming, etc. |
| (2) | "Insignificant matters prescribed by Presidential Decree" in the proviso of Article 9(9) of the Act means matters excluding the following matters: |
| 1. | Matters regarding basic directions for the conservation and management of marine ecosystems and major projects; |
| 2. | Matters regarding major tasks to be promoted for the conservation of marine ecosystems, such as restoration of spawning grounds and habitats of marine organisms; |
| 3. | Matters regarding the calculation of expenses to be incurred in the implementation of a project and the modification of financing methods (applicable only to where the relevant amount is at least 30 million won, which accounts for at least 30/100 of the total project cost). |
| Article 5 (Details and methods of national comprehensive surveys of marine ecosystems) |
| (1) | The details of a national comprehensive survey of marine ecosystems under Article 10(1) of the Act (hereinafter referred to as "national comprehensive survey of marine ecosystems") shall be as follows: <Amended on Dec. 29, 2017; Jun. 11, 2019> |
| 1. | The current status and characteristics of marine ecosystems, the marine environment, and marine topography; |
| 2. | The current status of inhabitation of marine organisms under protection, marine organisms indigenous to the Republic of Korea, and foreign marine organisms; |
| 3. | Marine biodiversity components; |
| 4. | The current status of development activities, etc. that may affect the conservation of marine biodiversity and the sustainable use of the components thereof; |
| 5. | The current status of the ecosystems and pollution of coastal wetlands and the current social and economic conditions thereof; |
| 6. | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as deemed to particularly require surveys for the conservation of marine ecosystems. |
| (2) | In principle, a national comprehensive survey of marine ecosystems shall be conducted on the spot by marine ecology researchers under Article 13 of the Act but may be conducted by means of remote exploration through aircraft, artificial satellites, ships, etc. or indirect surveys through inquiries, literature reviews <Amended on Dec. 29, 2017> |
| (3) | If marine ecology researchers conduct field surveys pursuant to paragraph (2), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies to cooperate in the following matters; in such cases, the heads of the relevant administrative agencies shall comply with such request, unless there is a compelling reason not to do so: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 21, 2014; Dec. 29, 2017> |
| 1. | Access to restricted areas under the relevant jurisdiction; |
| 2. | Perusal or lending of relevant materials. |
| (4) | If the Minister of Oceans and Fisheries requests cooperation pursuant to paragraph (3), the Minister shall formulate a plan for the relevant national comprehensive investigation of marine ecosystems, including matters prescribed by Decree of the Ministry of Oceans and Fisheries and shall notify such plan to the head of the relevant administrative agency by no later than 10 days before the commencement date of the relevant survey. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2017> |
[Title Amended on Dec. 29, 2017]
| Article 6 (First-class zone on marine ecology map and separately managed zone) |
| (1) | "Regions and sea areas ... satisfying the standards prescribed by Presidential Decree" in Article 12(1)1e of the Act means any of the following areas: |
| 1. | Areas designated as protected marine areas under Article 25 of the Act; |
| 2. | Areas designated as City/Do protected marine areas under Article 36 of the Act. |
| (2) | "Regions ... which are prescribed by Presidential Decree" in Article 12(1)4 of the Act means any of the following places: <Amended on Jan. 11, 2008; Dec. 29, 2010; Jul. 31, 2012; May 7, 2024> |
| 1. | Environmental preservation sea areas under Article 15(1)1 of the Marine Environment Management Act; |
| 2. | Wetland protection areas (limited to areas falling within coastal wetlands) under Article 8 of the Wetlands Conservation Act; |
| 3. | Fishery resource protection zones under Article 40 of the National Land Planning and Utilization Act; |
| 4. | Natural Parks defined in subparagraph 1 of Article 2 of the Natural Parks Act (limited to places falling within marine areas); |
| 5. | Zones designated as natural monuments and protection zones thereof under Articles 11 and 13 of the Act on Conservation and Utilization of Natural Heritage and their protection zones (limited to zones falling within marine areas); |
| 6. | Special protection districts for wildlife under Article 27 of the Wildlife Protection and Management Act (limited to districts falling within of marine areas). |
| Article 7 (Request for materials for preparing marine ecology maps) |
| (1) | Materials for which the Minister of Oceans and Fisheries may request cooperation from the heads of relevant central administrative agencies or the heads of local governments pursuant to Article 12(2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Materials on marine ecosystems, etc. held by relevant central administrative agencies or local governments; |
| 2. | Plans for using sea areas related to marine ecosystems and development plans of relevant central administrative agencies or local governments; |
| 3. | Marine ecology maps prepared by local governments and the basic materials for such preparation. |
| (2) | The Minister of Oceans and Fisheries shall determine the guidelines for preparing marine ecology maps in consultation with the heads of relevant central administrative agencies pursuant to Article 12(6) of the Act and shall prepare marine ecology maps in accordance with such guidelines. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The heads of relevant central administrative agencies or local governments may request the Minister of Oceans and Fisheries to modify or supplement marine ecology maps prepared pursuant to Article 12 of the Act with respect to the classification of such maps for each zone, etc. In such cases, objective materials justifying a request for modification or supplementation, such as the details of field verification, shall be accompanied. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the guidelines, methods, etc. for preparing marine ecology maps shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER III PROTECTION OF MARINE ORGANISMS
| Article 8 (Ex-situ conservation institutions) |
"Institutions prescribed by Presidential Decree" in the main clause of Article 17(1) of the Act means institutions determined and publicly notified by the Minister of Oceans and Fisheries from among any of the following institutions: <Amended on Feb. 29, 2008; Jun. 24, 2011; Mar. 23, 2013; Jan. 27, 2026>
| 1. | A zoo, botanical garden, or aquarium; |
| 2. | A national or public research institute; |
| 3. | A business-affiliated research institute recognized under Article 7(1) of the Act on Support for Research and Development of Business-Affiliated Research Institutes; |
| 4. | A school specified in the subparagraphs of Article 2 of the Higher Education Act and its affiliated institution. |
| Article 9 (Measures to conserve marine organisms under protection) |
| (1) | Measures to conserve marine organisms under protection under Article 19(1) of the Act shall include the following: <Amended on Jun. 11, 2019> |
| 1. | The current status of inhabitation of marine organisms under protection; |
| 2. | Ecological characteristics, academic importance, and conservational necessity of marine organisms under protection; |
| 3. | Major causes of the danger of extinction to marine organisms under protection or their declining populations; |
| 4. | Measures to conserve habitats of marine organisms under protection; |
| 5. | Plans for conservation of marine organisms under protection, such as protection, reproduction, and restoration; |
| 6. | International cooperation for the conservation of marine organisms under protection; |
| 7. | Other matters necessary to conserve marine organisms under protection. |
| (2) | When the Minister of Oceans and Fisheries establishes measures to conserve marine organisms under protection pursuant to Article 19(1) of the Act, if the relevant marine organism under protection falls under the category of endangered wildlife under the Wildlife Protection and Management Act, the Minister shall have a prior consultation with the Minister of Climate, Energy and Environment. <Amended on Feb. 29, 2008; Jul. 31, 2012; Mar. 23, 2013; Jun. 11, 2019; Oct. 1, 2025> |
| (3) | If the Minister of Oceans and Fisheries intends to recommend appropriate methods, etc. of using public waters or land to the occupiers and users of the public waters or land (hereafter in this Article referred to as "recommendations") pursuant to Article 19(4) of the Act, the Minister shall, in advance, hear the opinions of the competent City/Do Governor and determine the recommends in consideration of the geographical and topographical characteristics and ecological types of the areas where marine organisms under protection inhabit or migrate, in accordance with Article 19(4) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 11, 2019> |
| (4) | If the Minister of Oceans and Fisheries intends to give recommendations pursuant to Article 19(4) of the Act, the Minister shall notify the details to the owner, occupant, or manager of the relevant public waters or land in advance and shall post the recommendations on the bulletin board of an Eup/Myeon/Dong having jurisdiction over the public waters or land. In such cases, the Minister may request the head of the competent local government to provide necessary cooperation in the notification, posting, publicity, etc. of the recommendations. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[Title Amended on Jun. 11, 2019]
| Article 10 (Prohibitions against capture or collection of marine organisms under protection) |
| (1) | "Artificially reproduced marine organisms, as prescribed by Presidential Decree" in Article 20(1)5 of the Act means marine organisms which artificially reproduced with permission for capture, collection, etc. for the purposes prescribed in Article 20(1)1 of the Act and thereafter have been artificially re-reproduced in order to export, import, ship out, or bring in such marine organisms and for which certification of artificial reproduction from the Minister of Oceans and Fisheries has been obtained. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Matters necessary for the species of marine organisms under protection to be artificially reproduced under paragraph (1), methods of artificial reproduction, facilities for reproduction, etc. shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 11, 2019> |
[Title Amended on Jun. 11, 2019]
CHAPTER IV DESIGNATION AND MANAGEMENT OF PROTECTED MARINE AREAS
| Article 11 (Designation and management of protected marine areas) |
| (1) | "Sea areas prescribed by Presidential Decree" in Article 25(1)7 of the Act means any area specified in the subparagraphs of Article 6(2) which falling within coastal areas or marine areas. <Amended on May 28, 2018> |
| (2) | "Topographic map (including a marine chart) determined by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 26(1) of the Act means a topographical map (including a marine chart) on a scale of at least 1/75000 that indicates the extent and area of the relevant protected marine area. |
| (3) | "Minor matters prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 26(1) of the Act means matters excluding expansion or reduction of the area of the relevant protected marine area. |
| Article 12 (Restrictions on acts in protected marine areas) |
| (1) | "Acts ... prescribed by Presidential Decree" in Article 27(1)8 of the Act means any of the following acts: <Amended on Jun. 11, 2019> |
| 1. | Affecting marine organisms by producing sounds, lights, vibrations, malodors, etc.; |
| 2. | Damaging spawning grounds or habitats of marine organisms under protection. |
| (2) | "Disasters prescribed by Presidential Decree" in Article 27(2)2 of the Act means any of the following cases: |
| 1. | Where loss of a human life or property occurs due to the collapse, explosion, etc. of a building, structure; |
| 2. | Where it is necessary in order to rescue human life from other present dangers. |
| (3) | "Acts ... prescribed by Presidential Decree" in Article 27(2)3 of the Act means fishing or collecting fishery products deemed ecologically sustainable, conducted by a resident residing in a protected marine area or an adjacent area (hereinafter referred to as "adjacent area") that may have a direct effect on the relevant protected marine area, in terms of pollution, etc., or conducted by the owner, occupant, or manager of the relevant protected marine area or adjacent area. |
| (4) | "Acts prescribed by Presidential Decree" in Article 27(2)7 of the Act means any of the following: <Amended on May 25, 2021> |
| 1. | Installation of facilities, etc. included in a management plan for protected marine areas under Article 28(1) of the Act (hereinafter referred to as "management plan for protected marine areas"); |
| 2. | Regular surveys and academic research on the current status of marine ecosystems in protected marine areas and installation of essential observation facilities, etc. necessary to conduct such surveys and research; |
| 3. | Installation of facilities, etc. deemed necessary to protect protected marine areas and to prevent damage to marine ecosystems caused by unauthorized access by outsiders. |
| (5) | "Facilities prescribed by Presidential Decree" in Article 27(2)8 of the Act means any of the following facilities: |
| 1. | Facilities for education, publicity, or research on marine ecosystems, such as marine ecology learning centers, marine ecology experience centers, marine ecology exhibition halls, and marine ecology research institutes; |
| 2. | Youth training establishments and youth camping grounds specified in subparagraph 1b and e of Article 10 of the Youth Activity Promotion Act. |
| (6) | "Development activities, etc. prescribed by Presidential Decree" in Article 27(5) of the Act means any of the following activities: <Amended on Oct. 14, 2010> |
| 1. | Reclamation of public waters under the Public Waters Management and Reclamation Act; |
| 2. | Mining under Article 4 of the Mining Industry Act conducted in public waters. |
| (7) | If the Minister of Oceans and Fisheries intends to restrict development activities or fishing activities, etc. pursuant to Article 27(5) of the Act, the Minister shall consult with the head of a relevant central administrative agency and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2017> |
| (8) | If the Minister of Oceans and Fisheries restricts development activities, etc. or fishing activities pursuant to Article 27(5) of the Act, the Minister shall publicly notify the types of business subject to restrictions, the location and size of restricted areas, the grounds for restrictions, and other necessary matters. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 12-2 (Minor modification to management plans for protected marine areas) |
"Cases of modifying minor matters prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 28(1) of the Act means the following cases:
| 1. | Where a modification is to be made, following the enactment, amendment, or repeal of other statutes or regulations, to reflect the details of such modification, without affecting the basic direction of a management plan for protected marine areas; |
| 2. | Where a modification is to be made to correct a simple mistake, misspelling, omission, or any other obvious error equivalent thereto; |
| 3. | Where simple current status or statistical data is to be modified. |
[This Article Added on May 25, 2021]
| Article 13 (Securing of land for conservation and management of marine ecosystems) |
| (1) | If the Minister of Oceans and Fisheries intends to request an administrative conversion regarding land, public waters, etc. pursuant to the main clause of Article 32(1) of the Act, the Minister shall submit documents stating the location and size of the relevant area, its ecological and scenic value to the head of the relevant central administrative agency. <Amended on Feb. 29, 2008; Jul. 27, 2009; Mar. 23, 2013> |
| (2) | In order to identify state-owned land, buildings, and other articles fixed on such land (Hereafter in this article referred to as "land, etc.") for which the Minister of Oceans and Fisheries intends to request an administrative conversion, if the Minister surveys the relevant land pursuant to Article 32(2) of the Act, the Minister may request the heads of relevant central administrative agencies, such as the Minister of National Defense and the Administrator of the Korea Heritage Service, to cooperate in the following matters: <Amended on Feb. 29, 2008; Jul. 27, 2009; Mar. 23, 2013; May 14, 2024> |
| 1. | Perusal or lending of materials on the location, area, use, etc. of the relevant land; |
| 2. | Access to restricted areas, if necessary for field surveys. |
| Article 14 (Support for residents in protected marine areas) |
| (1) | The types of projects for supporting residents in protected marine areas and adjacent areas under Article 34(1)3 of the Act shall be as follows: <Amended on Jan. 5, 2021> |
| 1. | Subsidization to cover expenses incurred in installing sewage or excreta purification facilities for the new construction, reconstruction, or extension of housing (excluding apartment buildings referred to in subparagraph 2a of Appendix 1 of the Enforcement Decree of the Building Act and row houses referred to in item b of that subparagraph) in protected marine areas and adjacent areas; |
| 2. | Subsidization to cover expenses incurred in installing convenience facilities to promote residents' welfare, such as village access roads and public toilets; |
| 3. | Support for projects to increase the income of residents through the dissemination of marine living resources, such as the release of fry and the spraying of seed clams; |
| 4. | Support for projects that a Mayor/Do Governor conducts for improving the living environment of local residents and their welfare and increasing their income. |
| (2) | If a Mayor/Do Governor intends to conduct a support project under paragraph (1)4, he or she shall formulate a resident support project plan including the following and shall submit such plan to the Minister of Oceans and Fisheries by the end of February each year: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | The outline of the project; |
| 2. | The areas and the number of households eligible for support; |
| 3. | Financing plans and the total amount of subsidies; |
| 4. | Implementation plans for each project and the necessity thereof; |
| 5. | Other matters necessary for conducting support projects. |
| (3) | If a Mayor/Do Governor formulates a resident support project plan under paragraph (2), he or she shall seek opinions of residents residing in protected marine areas and adjacent areas in advance and shall have a prior consultation with the heads of relevant administrative agencies on the required budget, necessity of the project, etc. |
| Article 15 (Designation and management of City/Do protected marine areas) |
If a Mayor/Do Governor intends to designate a City/Do protected marine areas or to modify or revoke the designation thereof pursuant to Article 36(2) of the Act, he or she shall follow the following procedures: <Amended on Feb. 29, 2008; Jan. 6, 2015>
| 1. | Gathering consensus from the relevant residents and the head of the competent Si/Gun/Gu (the head of the competent Gu refers to the head of the competent autonomous Gu; hereinafter the same shall apply); |
| 2. | Consulting with the administrator of the competent regional office of oceans and fisheries and the heads of relevant administrative agencies; |
| 3. | Holding an explanatory meeting for residents, if deemed necessary. |
CHAPTER V CONSERVATION OF MARINE BIODIVERSITY
| Article 16 Deleted. <Oct. 20, 2008> |
| Article 17 (Formulation of measures to conserve marine biodiversity) |
"Matters prescribed by Presidential Decree" in Article 38(1)6 of the Act means any of the following:
| 1. | Exchange of information and materials on marine biodiversity and marine ecosystems and technical cooperation thereon; |
| 2. | Publicity and education on the conservation of marine biodiversity; |
| 3. | Matters necessary to comply with international conventions for the conservation and management of marine ecosystems in the Republic of Korea under Article 38(1) of the Act. |
| Article 18 (Subject matters and methods of surveys on marine biodiversity) |
| (1) | The subject matters of surveys on marine biodiversity under Article 39(2) of the Act shall be as follows: |
| 1. | The current status on analysis, distribution, and use of domestic marine biodiversity components; |
| 2. | The ecological characteristics and role of marine species; |
| 3. | The aspects of changes in marine ecosystems following natural or artificial disturbances; |
| 4. | The types of development activities that may have adverse effects on the conservation of marine biodiversity and the sustainable use of the components thereof; |
| 5. | The condition of habitation and ecological characteristics of indigenous species and alien species; |
| 6. | Knowledge on marine biodiversity; |
| 7. | Other matters deemed necessary to particularly survey for the conservation of marine biodiversity and the sustainable use of the components thereof. |
| (2) | A survey under paragraph (1) shall be conducted by the Minister of Oceans and Fisheries; provided, if it is necessary to conduct a survey to take measures for the conservation of marine biodiversity in accordance with other statutes or regulations, the head of a relevant central administrative agency shall conduct such survey. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | If the Minister of Oceans and Fisheries conducts a survey pursuant to paragraph (2), the Minister may require a specialized institution prescribed by Decree of the Ministry of Oceans and Fisheries to conduct the relevant survey on his or her behalf. In such cases, the Minister may subsidize such institution to cover necessary expenses within the budget. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | A specialized institution that intends to conduct a survey on behalf of the Minister of Oceans and Fisheries pursuant to paragraph (3) shall formulate a survey plan including matters prescribed by Decree of the Ministry of Oceans and Fisheries and shall submit such plan to the Minister. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19 (Establishment and operation of marine biodiversity institute) |
| (1) | The Minister of Oceans and Fisheries shall formulate a master plan necessary for the establishment and operation of the Marine Biodiversity Institute under Article 40(1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Master plans under paragraph (1) shall include the following, and matters necessary for the detailed procedures for formulating master plans, the operation of such plans, etc. shall be determined and publicly notified by the Minister of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Policy objectives and basic directions of the Marine Biodiversity Institute; |
| 2. | Short- and long-term business plans; |
| 3. | The current status of the conservation of domestic and foreign marine biological resources and the prospects for the use thereof; |
| 4. | Other matters necessary to develop the Marine Biodiversity Institute. |
| (3) | The Marine Biodiversity Institute shall perform the following functions: |
| 1. | Collection, conservation, management, research, and exhibition of marine biological resources; |
| 2. | Specialized and scientific surveys and research on marine biodiversity; |
| 3. | Launch and operation of educational programs on marine biodiversity; |
| 4. | Production and distribution of publications on marine biodiversity materials; |
| 5. | Cooperation with other domestic and foreign institutions in exchanging research and technical materials, publications, or information on marine biodiversity and in conducting joint research, etc. therefor. |
| (4) | Experts in the classification, conservation, etc. of biological resources to be assigned for the efficient operation and management of the Marine Biodiversity Institute pursuant to Article 40(2) of the Act shall be any of the following persons: <Amended on Jun. 20, 2023> |
| 1. | An engineer for biological classification under the National Technical Qualifications Act; |
| 2. | A person who has been engaged in a field related to marine biological resources for at least 1 year after obtaining a master's or higher degree in the relevant field; |
| 3. | A person who has engaged in a field related to marine biological resources for at least 3 years after obtaining a bachelor's degree in the relevant field. |
| Article 20 (Conclusion of contract for management of marine biodiversity) |
| (1) | If the Minister of Oceans and Fisheries, the head of a relevant central administrative agency, or the head of a local government (hereafter in this Article referred to as "relevant agency") intends to conclude a contract for the management of marine biodiversity pursuant to Article 41 of the Act, the relevant agency shall publicly announce the necessary matters, such as the major details of the relevant contract, the area subject to the contract, and the term of the contract, in the Official Gazette or the public gazette of the local government governing the location where the party to the contract (referring to the owner, occupant, or manager of the relevant land or public waters; hereafter in this Article referred to as "party to the contract") resides and shall post such matters on the bulletin boards of the competent Eup/Myeon/Dong for at least 15 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Upon receipt of a written subscription from a party to a contract, the relevant agency may adjust necessary matters, such as the terms and conditions of the contract, the timing for payment of compensation for actual expenses, and the method of calculation of such compensation, in consultation with the subscriber and shall conclude the contract with the subscriber according to the details of such consultation and adjustment. |
| (3) | If a relevant agency or a party to a contract intends to terminate a contract for the management of marine biodiversity because it is unable or unnecessary to maintain such contract, the agency or the party may terminate the contract after notifying the other party thereof 3 months prior to the termination of the contract. |
| (4) | The Minister of Oceans and Fisheries may determine the detailed matters necessary for the conclusion or operation of a contract for the management of marine biodiversity and shall notify the heads of relevant central administrative agencies and the heads of local governments thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 21 (Compensation for actual expenses under marine biodiversity management contract) |
| (1) | "Standards prescribed by Presidential Decree" in Article 41(2) of the Act means the amount classified as follows: <Amended on Oct. 31, 2007; Apr. 20, 2010; Jun. 11, 2019; Jan. 10, 2023> |
| 1. | Where it becomes impossible to catch fish due to the suspension or change of fishing activities or for the provision of food for marine organisms under protection or any other similar reason: The amount calculated pursuant to Appendix 10 of the Enforcement Decree of the Fisheries Act; |
| 2. | Where land is leased: The amount equivalent to the rent of the adjacent land; |
| 3. | Other cases where any loss occurs due to fulfillment of the contract: The amount equivalent to the amount of loss. |
| (2) | The Minister of Oceans and Fisheries may determine necessary matters regarding the detailed standards for compensation for actual expenses under paragraph (1), the amount of compensation per unit area, the methods of payment, etc. and may notify Mayors/Do Governors thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER VI MANAGEMENT OF MARINE ASSETS
| Article 21-2 (Designation of national marine ecological parks) |
| (1) | If the Minister of Oceans and Fisheries intends to designate a national marine ecological park pursuant to Article 43-2(1) of the Act, the Minister shall consider the following factors: |
| 1. | Excellence in marine ecosystems: The ecosystems shall require special conservation and management due to their abundant marine assets, such as marine biological resources and marine landscapes, thereby playing an important role in conserving marine biodiversity; |
| 2. | Possibility of contributing to realizing basic principles for the conservation and management of marine ecosystems: The designation of a national marine ecological park shall possibly contribute to realizing the basic principles for the conservation and management of marine ecosystems under Article 3 of the Act; |
| 3. | Operational results of marine ecosystem conservation and management policies: The relevant local government shall demonstrate excellence in implementing the detailed action plans for the conservation and management of marine ecosystems under Article 9(6) of the Act, as well as measures for the restoration of marine ecosystems under Article 46 of the Act; |
| 4. | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as necessary for the systematic conservation and management of marine assets. |
| (2) | If the Minister of Oceans and Fisheries intends to designate a national marine ecological park pursuant to Article 43-2(1) of the Act, the Minister shall consult with the heads of relevant central administrative agencies pursuant to paragraph (2) of that Article and shall submit such agenda item to the Maritime Affairs and Fisheries Development Committee established pursuant to Article 7 of the Framework Act on Marine Fishery Development, for deliberation. |
[This Article Added on Jun. 20, 2023]
| Article 22 (Designation and management of seaside rest areas) |
| (1) | If the head of a local government intends to designate seaside rest areas pursuant to Article 44(1) of the Act, the head shall formulate a management plan for seaside rest areas, including the following: |
| 1. | The name, location, and area of the seaside rest areas; |
| 2. | The purpose of designation; |
| 3. | The ecological and scenic value of the relevant areas; |
| 4. | A plan for establishing facilities to conserve and use marine ecosystems; |
| 5. | A plan for managing and using seaside rest areas; |
| 6. | Other matters necessary for the conservation and sound use of seaside rest areas. |
| (2) | If an area to be designated as a seaside rest area extends over an area under the jurisdiction of another local government, the head of the relevant local government shall have a prior consultation with the head of such another local government. |
| (3) | Upon designating a seaside rest area, the head of a local government shall publicly notify the following matters in the public gazette: |
| 1. | The name, location, area, and scope of the seaside rest area; |
| 2. | The purpose and grounds for designation of the seaside rest area, and the date of such designation; |
| 3. | The name and location of the principal natural assets within the seaside rest area; |
| 4. | The local government which manages the seaside rest area. |
| (4) | The Minister of Oceans and Fisheries or a Mayor/Do Governor may recommend a Mayor/Do Governor or the head of a Si/Gun/Gu to take measures necessary for the proper management of seaside rest areas, if necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 23 (Restoration of marine ecosystems) |
The Minister of Oceans and Fisheries may establish and implement measures for the conservation and management of marine ecosystems for any of the following areas pursuant to Article 46(2)4 of the Act: <Amended on Jan. 11, 2008; Feb. 29, 2008; Mar. 23, 2013>
| 1. | Natural coastal areas and habitats of marine organisms in zones designated as fishery resources protection zones under Article 40 of the National Land Planning and Utilization Act; |
| 2. | Natural coastal areas and habitats of marine organisms in environmental preservation sea areas under Article 15(1)1 of the Marine Environment Management Act; |
| 3. | Sea areas that require protection as spawning grounds and habitats of marine organisms, such as sandbars, seabed subsidence, and estuaries; |
| 4. | Other places determined and publicly notified by the Minister of Oceans and Fisheries, which are sea areas or regions deemed to require measures for the conservation and management of marine ecosystems as a result of research and surveys related to the sea, such as basic surveys of marine ecosystems. |
| Article 24 (Prevention of damage to marine ecosystems in public waters) |
| (1) | If the Minister of Oceans and Fisheries or the head of a local government intends to restrict the alteration of the shape and quality of public waters or to restrict access, cooking, and camping therein pursuant to Article 47 of the Act, the Minister or such head shall publicly notify the details and period of restrictions after consulting with the heads of relevant administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | "Where ... meet the standards prescribed by Presidential Decree" in subparagraph 2 of Article 47 of the Act means any of the following cases: <Amended on Nov. 21, 2014> |
| 1. | Where it is necessary to temporarily or seasonally restrict access to the relevant regions or sea areas, which are spawning grounds or habitats of marine organisms; |
| 2. | Where damage to marine ecosystems is expected to occur due to a large event involving the mobilization of a significant number of personnel; |
| 3. | Areas requiring continuous observation of changes in marine ecosystems due to reclamation, landfilling, the construction of estuary banks, etc. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 25 (Marine ecosystem conservation charges) |
| (1) | "The scale of which is at least the scale prescribed by Presidential Decree" in Article 49(2)2 of the Act means at least 100,000 square meters. |
| (2) | "Projects prescribed by Presidential Decree" in Article 49(2)4 of the Act means projects involving any of the following acts, among projects subject to general consultation on marine use under subparagraph 2 of Appendix 1 of the Enforcement Decree of the Marine Use Impact Assessment Act: <Added on Dec. 29, 2017; Dec. 31, 2024> |
| 1. | Installation, alteration, or removal of facilities, buildings, or other structures, the length of which is at least 150 meters or the area of which is at least 3,000 square meters; |
| 2. | Creation of submerged land or tideland covering at least 1,000 square meters into land; |
| 3. | Cultivation or felling of plants in public waters covering at least 50,000 square meters; |
| 4. | Landfilling of public waters covering at least 1,000 square meters. |
| (3) | Notwithstanding paragraph (2), any of the following projects shall be excluded from the projects under Article 49(2)4 of the Act: <Added on Dec. 29, 2017; Jun. 11, 2019; Apr. 18, 2023> |
| 1. | Projects for countermeasures and measures against marine invasive species under the former part of Article 23(3) of the Act; |
| 2. | Projects for the management of harmful marine organisms under Article 24 of the Act; |
| 3. | Projects for restoring marine ecosystems under Article 46(5) of the Act; |
| 4. | Projects for the conservation and management of marine ecosystems conducted with approval from the Minister of Oceans and Fisheries pursuant to Article 49(8) of the Act; |
| 5. | Projects for restoration of tidal flats under Article 20 of the Act on the Sustainable Management and Restoration of Tidal Flats and Adjacent Areas Thereof; |
| 6. | Projects for formation of fishery resources under Article 41 of the Fishery Resources Management Act. |
| (4) | "Projects prescribed by Presidential Decree" in the proviso of Article 49(3) of the Act means national defense and military installations projects under subparagraph 1a through f of Article 2 of the Act on National Defense and Military Installations Projects. <Amended on Jan. 25, 2012; Dec. 29, 2017> |
| (5) | The damaged area of marine ecosystems to be calculated when calculating and imposing marine ecosystem conservation charges pursuant to Article 49(3) of the Act means the total area of coastlines and sea areas where any of the following damage occurs: <Amended on Dec. 29, 2017; Apr. 18, 2023> |
| 1. | Making changes to the characteristic form and quality of land by removing, excavating, or filling the surface of the seabed; |
| 2. | Removing or destroying the sea area where aquatic plant communities are formed and inhabit; |
| 3. | Forming, dredging, landfilling, or reclaiming coastal wetlands, etc. |
[Title Amended on Apr. 18, 2023]
| Article 26 (Imposition and collection of marine ecosystem conservation charges) |
| (1) | The amount of marine ecosystem conservation charges to be imposed per unit area under Article 49(3) of the Act shall be 300 won per square meter. <Amended on Dec. 29, 2017; Jun. 11, 2019; Apr. 18, 2023> |
| (2) | Regional coefficients under Article 49(3) of the Act shall be as specified in Appendix 1. <Amended on Dec. 29, 2017; Jun. 11, 2019> |
| (3) | If the amount of marine ecosystem conservation charges imposed exceeds 20 million won, the Minister of Oceans and Fisheries may allow payment in installments within a fixed period not exceeding 3 years pursuant to Article 49(4) of the Act, as prescribed by Decree of the Ministry of Oceans and Fisheries; provided, the installment period shall not exceed the relevant business period, and the deadline and amount of installment payments may be separately determined by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2017; Jun. 11, 2019; Apr. 18, 2023> |
| (4) | If the Minister of Oceans and Fisheries intends to impose marine ecosystem conservation charges, the Minister shall determine a 3-month payment period and provide written notice thereof no later than 10 days before the commencement of the payment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
[Title Amended on Apr. 18, 2023]
| Article 27 (Recalculation of marine ecosystem conservation charges) |
| (1) | Upon receipt of a notice for payment of marine ecosystem conservation charges under Article 26(4), a person may request recalculation of the relevant charges within 30 days from the date of receipt of the notice if the details of the notice fall under any of the following categories: <Amended on Apr. 18, 2023> |
| 1. | Where an error is made in deciding the target subject to the marine ecosystem conservation charge or a person liable to pay the charge; |
| 2. | Where the marine ecosystem conservation charge is miscalculated. |
| (2) | Upon receipt of a request for recalculation under paragraph (1), the Minister of Oceans and Fisheries shall recalculate and impose the relevant charge or refund any charge already paid within 30 days from the request. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | If the Minister of Oceans and Fisheries intends to reimpose or refund marine ecosystem conservation charges pursuant to paragraph (1), the Minister shall provide written notice thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
[Title Amended on Apr. 18, 2023]
| Article 28 (Adjustment of marine ecosystem conservation charges) |
| (1) | If a discrepancy arises between the currently calculated marine ecosystem conservation charge and the amount already paid due to changes in the area of damaged marine ecosystems within the relevant zone or complex after undergoing a completion inspection or filing a report, etc. (hereinafter referred to as "completion inspection, etc.") of the project subject to marine ecosystem conservation charges, the Minister of Environment shall impose or refund the balance by adjusting the marine ecosystem conservation charge. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
| (2) | A person who intends to receive a refund of the marine ecosystem conservation charge pursuant to paragraph (1) shall file an application with the Minister of Oceans and Fisheries along with documents prescribed by Decree of the Ministry of Oceans and Fisheries within 90 days after undergoing a completion inspection, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
| (3) | If the Minister of Oceans and Fisheries intends to impose or refund marine ecosystem conservation charges pursuant to paragraph (1) through adjustment, the Minister shall provide written notice thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
[Title Amended on Apr. 18, 2023]
| Article 29 (Use of grants from marine ecosystem conservation charges) |
"Projects for the conservation and management of marine ecosystems prescribed by Presidential Decree" in Article 49(7) of the Act means projects specified in subparagraphs 1 and 6 through 8 of Article 49-2 of the Act. <Amended on Jun. 11, 2019>
[This Article Wholly Amended on May 28, 2018]
[Title Amended on Apr. 18, 2023]
| Article 30 (Refund of marine ecosystem conservation charges) |
| (1) | "Project for the conservation and management of marine ecosystems that are prescribed by Presidential Decree, such as creating alternative marine ecosystems and restoring marine ecosystems" in Article 49(8) of the Act means any of the following projects; provided, projects conducted as part of projects subject to the imposition of marine ecosystem conservation charges under Article 49(2) of the Act shall be excluded: <Amended on Jun. 11, 2019; Apr. 18, 2023> |
| 1. | Creation of alternative marine ecosystems and restoration of marine ecosystems; |
| 2. | A project for establishing facilities to conserve and use ecosystems under Article 43 of the Act. |
| (2) | A business entity who intends to obtain approval from the Minister of Oceans and Fisheries under Article 49(8) of the Act to implement a project referred to in the main clause of paragraph (1) shall file an application for approval with the Minister of Oceans and Fisheries, along with documents prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 11, 2019> |
| (3) | Upon receipt of an application for approval under paragraph (2), the Minister of Oceans and Fisheries shall notify the applicant of whether to grant approval within 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | If a project for which an application for approval has been filed pursuant to paragraph (2) lacks the effects and feasibility of the implementation of the project as such project damages marine ecosystems or has insignificant restoration effects, the Minister of Oceans and Fisheries need not grant approval. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | If a business entity who has obtained approval pursuant to paragraph (3) intends to receive a refund of marine ecosystem conservation charges, the entity shall file an application with the Minister of Oceans and Fisheries, along with the documents prescribed by Decree of the Ministry of Oceans and Fisheries, after the completion of the approved project. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 18, 2023> |
| (6) | Upon receipt of an application under paragraph (5), the Minister of Oceans and Fisheries shall notify the applicant of the results of processing the application within 30 days. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (7) | The amount of marine ecosystem conservation charges to be returned to a business entity who has obtained approval pursuant to paragraph (3) shall be the amount actually invested in the approved project within the limit of 50/100 of the marine ecosystem conservation charges already paid by the relevant business entity. <Amended on Apr. 18, 2023> |
| (8) | If the effect of implementing the project approved under paragraph (3) is insignificant or if the conditions of approval are not fulfilled, the Minister of Oceans and Fisheries may take necessary measures, such as reducing part of the amount calculated pursuant to paragraph (7) in accordance with the standards prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; May 28, 2018> |
[Title Amended on Apr. 18, 2023]
| Article 30-2 (Use of marine ecosystem conservation charges) |
"Projects prescribed by Presidential Decree" in subparagraph 8 of Article 49-2 of the Act means any of the following projects:
| 1. | Projects for countermeasures and measures against marine invasive species under the former part of Article 23(3) of the Act; |
| 2. | Projects for the management of harmful marine organisms under Article 24 of the Act; |
| 3. | Projects for compensation for actual expenses incurred in complying with marine biodiversity management contracts under Article 41(2) of the Act. |
[This Article Added on Dec. 29, 2017]
[Title Amended on Apr. 18, 2023]
| Article 31 (Cooperation from relevant agencies) |
"Matters prescribed by Presidential Decree" in the former part of Article 52(1) of the Act means any of the following: <Amended on Feb. 29, 2008; Dec. 29, 2010; Mar. 23, 2013; Jun. 11, 2019; May 7, 2024>
| 1. | Measures to conserve major habitats of marine organisms and to prevent damage to these habitats or projects to restore ecosystems that have already been disrupted or are at risk of disruption; |
| 2. | Measures to restore marine ecosystems that are seriously damaged or at risk of damage, in first-class zones on the marine ecology maps; |
| 3. | Measures necessary to conserve and promote marine biodiversity or to rationally use marine ecosystems, such as tidal flats; |
| 4. | Restrictions on the capture, collection, etc. of fauna and flora (limited to marine organisms under protection) designated as natural monuments pursuant to Article 11 of the Act on Conservation and Utilization of Natural Heritage; |
| 5. | Restrictions on acts in zones designated as natural monuments (including the protection zone thereof) pursuant to Article 11 of the Act on Conservation and Utilization of Natural Heritage; |
| 6. | Measures to prevent damage to and conserve marine landscapes in areas of high ecological and scenic value; |
| 7. | Measures to promote biodiversity and the use of relevant technologies in the management of rivers and estuaries; |
| 8. | Measures to prevent the influx of foreign fauna and flora which cause damage to domestic marine ecosystems during the introduction of marine organisms and fry, etc., from foreign countries; |
| 9. | Matters regarding dredging in public waters, such as the modification of a plan for extracting aggregates; |
| 10. | Improvement of the marine environment that has deteriorated due to environmental pollution and the installation of various facilities; |
| 11. | Revocation of permission to occupy and use public waters, suspension or restriction of the use of public waters, and reconstruction or removal of facilities, etc.; |
| 12. | Other matters determined and publicly notified by the Minister of Oceans and Fisheries as deemed necessary for the conservation and sustainable use of marine ecosystems. |
| Article 32 (Claims for compensation for loss) |
| (1) | A person who intends to claim compensation for loss pursuant to the former part of Article 53(1) of the Act shall submit a written claim for compensation for loss stating the following matters to the Minister of Oceans and Fisheries or the competent Mayor/Do Governor, along with evidentiary documents relating to the loss: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 30, 2015> |
| 1. | The name, address, and date of birth of the claimant; |
| 2. | The time and place of the loss; |
| 3. | The details of the loss; |
| 4. | The amount and itemized statement of the loss and the method of assessing it. |
| (2) | Upon receipt of a claim for compensation for loss under paragraph (1), the Minister of Oceans and Fisheries or a Mayor/Do Governor shall notify the claimant of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | The period and method of consultation; |
| 2. | The time, method, and procedures of compensation. |
| Article 33 (Application for adjudication on compensation for loss) |
A person who intends to apply for adjudication on compensation for loss pursuant to Article 53(3) of the Act shall file an application for adjudication stating the following matters with the competent Land Tribunal, as prescribed by Decree of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013>
| 1. | The name and address of the applicant for adjudication; |
| 2. | The type of the project involved; |
| 3. | The fact on the occurrence of the loss; |
| 4. | The amount and itemized statement of the loss; |
| 5. | The details of the consultation. |
| Article 34 Deleted. <Nov. 21, 2014> |
| Article 35 (Delegation of authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate his or her authority over the following business affairs to a Mayor/Do Governor pursuant to Article 60(1) of the Act: <Amended on Mar. 23, 2013; Nov. 21, 2014; Dec. 29, 2017; May 28, 2018; Jun. 11, 2019; Apr. 18, 2023> |
| 1. | Permission for the capture, collection, etc. of marine organisms under protection under the proviso, with the exception of the subparagraphs, of Article 20(1) of the Act; |
| 2. | Acceptance of reports on the results of capture, collection, etc. of marine organisms under protection under Article 20(4) of the Act; |
| 3. | Revocation of permission for the capture, collection of marine organisms under protection under Article 21(1) of the Act; |
| 4. | Receipt of the return of a certificate of permission for the capture, collection, etc. of marine organisms under protection under Article 21(2) of the Act; |
| 5. | Restrictions on, and guidance and control over, acts in protected marine areas under Article 27(1) and (3) through (5) of the Act; |
| 5-2. | Issuance of orders for suspension of acts in protected marine areas and for restoration of such areas under Article 30 of the Act; |
| 6. | Purchase of land, etc. in protected marine areas under Article 33 of the Act; |
| 6-2. | Implementation of projects for protected marine areas and adjacent areas under Article 34 of the Act; |
| 7. | Conclusion of contracts for the management of marine biodiversity and the compensation for actual expenses under Article 41(1) and (2) of the Act; |
| 8. | Deleted; <Dec. 29, 2017> |
| 9. | Restrictions on changing the form and quality of public waters or on access, cooking, and camping to prevent damage to marine ecosystems in public waters under Article 47 of the Act; |
| 10. | Imposition and collection of marine ecosystem conservation charges Article 49(1) of the Act; provided, the authority over projects implemented in any of the following public waters shall be excluded herefrom: |
| a. | The exclusive economic zone under Article 2(1) of the Act on the Exclusive Economic Zone and Continental Shelf; |
| b. | National trade ports under Article 3(2)1 of the Harbor Act; |
| 11. | Receipt of notification of authorization, permission, etc. for projects subject to the imposition of marine ecosystem conservation charges under Article 50(1) of the Act (excluding the authority under the proviso, with the exception of the items, of subparagraph 10); |
| 12. | Notification of the amount of marine ecosystem conservation charges imposed, the payment deadline, etc. under Article 50(2) of the Act (excluding the authority under the proviso, with the exception of the items, of subparagraph 10); |
| 13. | Demand for the payment of marine ecosystem conservation charges, and imposition and compulsory collection of additional charges under Article 51 of the Act (excluding the authority under the proviso, with the exception of the items, of subparagraph 10); |
| 14. | Imposition and collection of administrative fines under Article 65 of the Act (excluding violations of article 20 (5) of the Act). |
| (2) | The Minister of Oceans and Fisheries shall delegate his or her authority over the following business affairs to the administrators of regional offices of oceans and fisheries pursuant to Article 60(1) of the Act: <Amended on Mar. 23, 2013; Jan. 6, 2015; Feb. 7, 2017; Dec. 29, 2017; May 28, 2018; May 25, 2021; Apr. 18, 2023> |
| 1. | Consultations on major policies or plans under Article 5(1) of the Act (limited to matters that the head of a relevant central administrative agency has delegated to the head of a local government or the head of a regional branch under the control of the relevant agency); |
| 2. | Observation of changes in marine ecosystems under Article 11(3) of the Act; |
| 3. | Permission to import or bring in marine invasive species under Article 23(2) of the Act; |
| 4. | Management of harmful marine organisms under Article 24 of the Act (excluding the surveys and removal of harmful marine organisms); |
| 5. | Permission for acts or related facilities for conducting academic surveys and research within protected marine areas under Article 27(2)4 of the Act; |
| 6. | Consultations with the heads of relevant administrative agencies under the latter part of Article 27(2)5 of the Act; |
| 7. | Formulation, implementation, amendment, and public notice of management plans for protected marine areas under Article 28(1) and (2) of the Act; |
| 8. | Deleted; <May 28, 2018> |
| 9. | Permission for export or import of marine organisms and revocation of permission under Article 42(1) and (3) of the Act; |
| 10. | Projects for restoring marine ecosystems under Article 46(5) of the Act; |
| 11. | Imposition and collection of marine ecosystem conservation charges under Article 49(1) of the Act (applicable only to the authority under the proviso, with the exception of the items, of paragraph (1)10); |
| 12. | Receipt of notification of authorization, permission, etc. for projects subject to the imposition of marine ecosystem conservation charges under Article 50(1) of the Act (applicable only to the authority under the proviso, with the exception of the items, of paragraph (1)10); |
| 13. | Notification of the amount of marine ecosystem conservation charges imposed, the payment deadline, etc. under Article 50(2) of the Act (applicable only to the authority under the proviso, with the exception of the items, of paragraph (1)10); |
| 14. | Demand for the payment of marine ecosystem conservation charges, and imposition and compulsory collection of additional charges under Article 51 of the Act (applicable only to the authority under the proviso, with the exception of the items, of paragraph (1)10). |
[This Article Wholly Amended on Dec. 31, 2009]
| Article 35-2 (Entrustment of business affairs) |
| (1) | Pursuant to Article 60(3) of the Act, the Minister of Oceans and Fisheries shall entrust the following business affairs to an institution designated pursuant to paragraph (3): <Amended on Dec. 29, 2017; Jun. 11, 2019; May 25, 2021> |
| 1. | National comprehensive surveys of marine ecosystems; |
| 2. | Detailed surveys and supplementary surveys under Article 11(1) and (2) of the Act; |
| 3. | Subsidization of ex-situ conservation institutions to cover expenses under Article 17(2) of the Act; |
| 4. | Subsidization of institutions specialized in rescuing and treating marine animals to cover expenses under Article 18(3) of the Act; |
| 5. | Implementation of conservation measures for marine organisms under protection under Article 19(1) of the Act; |
| 6. | Surveys and removal of marine invasive species among the business affairs for management of such species under Article 23(3) of the Act; |
| 7. | Surveys and removal of harmful marine organisms among the business affairs for the management of such organisms under Article 24 of the Act; |
| 8. | Management of protected marine areas under Article 25 of the Act; |
| 9. | Surveys and observation of protected marine areas under Article 29(1) and (4) of the Act; |
| 10. | Establishment and operation of facilities to conserve and use marine ecosystems under Article 43 of the Act. |
| (2) | Pursuant to Article 60(3) of the Act, a Mayor/Do Governor shall entrust the following business affairs to an institution designated pursuant to paragraph (3): <Added on Dec. 29, 2017; May 28, 2018; May 25, 2021> |
| 1. | Capture or collection of marine invasive species, among the measures related to such species under the former part of Article 23(3) of the Act; |
| 2. | Capture or collection of harmful marine organisms, among the business affairs for the management of such organisms under Article 24 of the Act; |
| 3. | Surveys, measurement, and observation of City/Do protected marine areas under Article 29(1) and (4) of the Act, which shall apply mutatis mutandis pursuant to Article 36(5) of the Act; |
| 3-2. | Projects for City/Do protected marine areas and adjacent areas thereof under Article 34 of the Act, which shall apply mutatis mutandis pursuant to Article 36(5) of the Act; |
| 4. | Establishment and operation of facilities to conserve and use marine ecosystems under Article 43 of the Act; |
| 5. | Formulation and implementation of measures for restoration of marine ecosystems under Article 46(3) of the Act. |
| (3) | An Institution to which business affairs are to be entrusted pursuant to paragraph (1) or (2) shall be the following institutions designated by the Minister of Oceans and Fisheries or a Mayor/Do Governor according to the classification of business affairs to be entrusted: <Amended on Dec. 29, 2017; Apr. 30, 2018> |
| 1. | The Korea Marine Environment Management Corporation established under Article 96(1) of the Marine Environment Management Act; |
| 2. | The National Marine Biodiversity Institute of Korea established under the Act on the Establishment and Operation of the National Marine Biodiversity Institute of Korea. |
| (4) | If the Minister of Oceans and Fisheries or a Mayor/Do Governor designates an entrusted institution pursuant to paragraph (3), he or she shall determine the details of the business affairs to be entrusted, the methods of handling such affairs, and other necessary matters and shall publicly notify them in the Official Gazette or public gazette. <Amended on Dec. 29, 2017> |
[This Article Added on Feb. 7, 2017]
CHAPTER VIII PENALTY PROVISIONS
| Article 36 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 65(1) through (3) of the Act shall be as specified in Appendix 2.
[This Article Wholly Amended on May 7, 2025]
ADDENDA <Presidential Decree No. 19991, Apr. 4, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on April 5, 2007.
Article 2 (General transitional measures)
Dispositions, such as authorization, permission, and designation, made under the Natural Environment Conservation Act and the Wild Flora and Fauna Protection Act before this Act enters into force, and other acts conducted by or against administrative agencies shall be deemed dispositions made and other acts committed by or against administrative agencies under this Act, if any.
Article 3 Omitted.
Article 4 (Relationship to other statutes and regulations)
A citation of the Enforcement Decree of the Natural Environment Conservation Act and the Enforcement Decree of the Wild Flora and Fauna Protection Act or the provisions thereof by any other statutes or regulations in force related to marine ecosystems, as at the time this Decree enters into force, shall be deemed a citation of this Decree or the corresponding provisions hereof in lieu of the previous provisions, if any.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Presidential Decree No. 20256, Sep. 10, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 20351, Oct. 31, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
Article 8 Omitted.
Article 9 Omitted.
ADDENDA <Presidential Decree No. 20544, Jan. 11, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on January 20, 2008. (Proviso omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees to be amended under Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, Article 10 shall enter into force on November 1, 2008; Articles 24 through 26 on January 1, 2010; Article 29 on July 1, 2009; and Article 48 on January 1, 2013.
Article 2 (Transitional measures following amendments to the Decree on the Disciplinary Punishment of Public Officials)
| (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee under the Decree on the Disciplinary Punishment of Public Officials before amended as at the time this Decree enters into force shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | A request for the resolution of disciplinary punishment received by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the Decree on the Disciplinary Punishment of Public Officials before amended as at the time this Decree enters into force shall be deemed to have been received by the Central Disciplinary Committee under this Decree. |
| (3) | A resolution passed by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the Decree on the Disciplinary Punishment of Public Officials before amended as at the time this Decree enters into force shall be deemed a resolution passed by the Central Disciplinary Committee under this Decree. |
| (4) | A member of the Second Central Disciplinary Committee under the Decree on the Disciplinary Punishment of Public Officials before amended as at the time this Decree enters into force shall be deemed to have been appointed or commissioned as a member of the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional measures following amendments to the Enforcement Decree of the Framework Act on Logistics Policies)
Matters conducted by the Minister of Land, Transport and Maritime Affairs after deliberation and resolution by the Examination Board for Distribution Administrators under the Enforcement Decree of the Framework Act on Logistics Policies before amended as at the time this Decree enters into force shall be deemed to have been conducted by the Minister of Land, Transport and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on July 31, 2009. (Proviso omitted.)
Articles 2 through 13 Omitted.
Article 14 Omitted.
Article 15 Omitted.
ADDENDA <Presidential Decree No. 21966, Dec. 31, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on December 31, 2009.
Article 2 (Transitional measures following delegation of authority)
Dispositions made, procedures taken, and other acts conducted by the administrator of a regional maritime affairs and port office or acts for which an application is being filed with such administrator under the previous provisions as at the time this Decree enters into force shall be deemed acts conducted by or against a Mayor/Do Governor under this Decree corresponding thereto.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on April 23, 2010.
Articles 2 through 9 Omitted.
Article 10 Omitted.
Article 11 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on February 5, 2011.
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on January 26, 2012.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24001, Jul. 31, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDUM <Presidential Decree No. 25766, Nov. 21, 2014>
This Decree shall enter into force on November 22, 2014.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27855, Feb. 7, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28559, Dec. 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 25, 26, and 36(1) and Appendices 1 and 2 shall enter into force 3 months after the date of the promulgation.
Article 2 (Transitional measures regarding imposition and collection of marine ecosystem conservation levies)
Notwithstanding the amended provisions of Articles 25 and 26 and Appendix 1, the previous provisions shall apply to an application for authorization, permission, approval, etc. under statutes or regulations filed for a project under Article 49(2) of the Act before the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 28846, Apr. 30, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on May 1, 2018. (Proviso omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28915, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDA <Presidential Decree No. 29850, Jun. 11, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2004.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31704, May 25, 2021>
This Decree shall enter into force on June 9, 2021.
ADDENDA <Presidential Decree No. 33225, Jan. 10, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 12, 2023.
Articles 2 through 9 Omitted.
Article 10 Omitted.
Article 11 Omitted.
ADDENDUM <Presidential Decree No. 33423, Apr. 18, 2023>
This Decree shall enter into force on April 19, 2023.
ADDENDUM <Presidential Decree No. 33560, Jun. 20, 2023>
This Decree shall enter into force on June 28, 2023.
ADDENDA <Presidential Decree No. 34489, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 34505, May 14, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 35167, Dec. 31, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 3, 2025.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 35502, May 7, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 35811, Oct. 1, 2025>
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees to be amended under this Decree, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
ADDENDA <Presidential Decree No. 36055, Jan. 27, 2026>
Article 1 (Enforcement date)
This Decree shall enter into force on February 1, 2026.
Article 2 Omitted.
Article 3 Omitted.