ENFORCEMENT DECREE OF THE AQUACULTURE INDUSTRY DEVELOPMENT ACT

Expand Amended by Presidential Decree No. 35016, Nov. 26, 2024 

CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)  
The purpose of this Decree is to prescribe matters mandated by the Aquaculture Industry Development Act and matters necessary for the enforcement thereof.
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 Article 2 (Aquaculture-related business)  
"Business prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Aquaculture Industry Development Act (hereinafter referred to as the "Act") means the following business:
1. Research and development business related to aquaculture business and seeds, feed, pharmaceuticals, and equipment for aquaculture;
2. Business of information production, dissemination, or consulting related to aquaculture business;
3. Other business determined and publicly notified by the Minister of Oceans and Fisheries that creates added value through goods related to aquaculture business.
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 Article 3 (Offshore sea)  
“Waters prescribed by Presidential Decree” in subparagraph 6 of Article 2 of the Act means waters with a depth of at least 35 meters, measured from the datum level under Article 8 (1) 2 of the Act on Marine Research and the Use of Marine Information. <Amended on Feb. 9, 2021>
CHAPTER II MASTER PLANS FOR DEVELOPMENT OF AQUACULTURE INDUSTRY
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 Article 4 (Formulation of master plans for development of aquaculture industry)  
(1) In order to formulate a master plan for the development of the aquaculture industry under Article 6 (1) of the Act (hereinafter referred to as "master plan"), the Minister of Oceans and Fisheries may request the heads of relevant administrative agencies, 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"), and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as the "heads of public institutions") to submit necessary materials.
(2) Upon receipt of a request under paragraph (1), the heads of relevant administrative agencies, Mayors/Do Governors, and the heads of public institutions shall comply with such request unless there is a compelling reason not to do so.
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 Article 5 (Formulation of action plans for development of aquaculture industry)  
(1) An action plan for the development of the aquaculture industry (hereinafter referred to as "action plan") under Article 7 (1) of the Act shall include the following matters:
1. Matters regarding the increase in productive capacity of the aquaculture industry within the jurisdiction;
2. Matters regarding the dissemination and guidance of technology for the development of the aquaculture industry within the jurisdiction;
3. Matters regarding the designation of aquaculture industrial complexes and support therefor under Article 60 of the Act;
4. Matters regarding the promotion of international cooperation related to the aquaculture industry and entry into overseas markets;
5. Matters regarding the promotion of the consumption of aquaculture products and the stimulation of their export;
6. Other matters that a Mayor/Do Governor deems necessary for the fostering and development of the aquaculture industry.
(2) If necessary to formulate an action plan, a Mayor/Do Governor may request the head of a relevant administrative agency to submit his or her opinion.
(3) Upon receipt of a request under paragraph (2), the head of a relevant administrative agency shall comply with such request unless there is a compelling reason not to do so.
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 Article 6 (Details and methods of fact-finding survey)  
(1) A fact-finding survey on the domestic and overseas aquaculture industry under Article 8 (1) of the Act (hereafter in this Article referred to as “fact-finding survey on the aquaculture industry”) shall include the following information:
1. The current status of aquaculture businesspersons and aquaculture workers;
2. The current status of fish farms, such as aquaculture species, farming methods by type of aquaculture business, and the area;
3. The current status of the production of aquaculture business, such as stocking quantity, production volume and value, and feed usage;
4. The current status of research and technology development regarding the aquaculture industry;
5. The current status of human resource development and overseas market expansion related to the aquaculture industry;
6. The current status of the examination and evaluation of licenses under Article 25 of the Act;
7. The current status of the promotion of the consumption of aquaculture products and the stimulation of their export;
8. The current status of aquaculture industry development, such as the creation of aquaculture complexes;
9. The current status of the securing of financial resources necessary for aquaculture industry development and the provision of support therefor;
10. Other matters for which the Minister of Oceans and Fisheries deems an investigation necessary in relation to the aquaculture industry.
(2) The Minister of Oceans and Fisheries shall conduct a fact-finding survey on the aquaculture industry by December 31 of the year preceding the year in which a master plan is formulated.
(3) A fact-finding survey on the management of fish farms under Article 8 (2) of the Act (hereafter in this Article referred to as "fact-finding survey on the management of fish farms") shall include the following:
1. Matters regarding areas or waters that may be developed into fish farms;
2. Matters regarding the actual status of the use and management of fish farms, such as the area of facilities, stocking quantity, production volume, feed input, and farming methods;
3. Other matters for which the Minister of Oceans and Fisheries deems an investigation necessary in relation to the aquaculture industry.
(4) An annual fact-finding survey on the management of fish farms shall be conducted for offshore aquaculture business specified in Article 10 (1) 6 of the Act (hereinafter referred to as “offshore aquaculture business”) and aquaculture business specified in Article 10 (1) 1 through 5 and 7 of the Act, by the Minister of Oceans and Fisheries and a Mayor/Do Governor , respectively; and a survey plan shall be notified to the head of a relevant administrative agency no later than 10 days before the survey commences.
(5) The Minister of Oceans and Fisheries or a Mayor/Do Governor may request the head of a relevant administrative agency to perform the following for an efficient fact-finding survey on the management of fish farms, and such head in receipt of the request shall comply therewith unless there is a compelling reason not to do so:
1. Access to restricted areas under the jurisdiction;
2. Perusal or lending of materials related to the survey;
3. Provision of equipment, including vessels, and personnel that are necessary for the survey.
(6) A person who intends to enter another person's land, fish farm, etc. to conduct a fact-finding survey on the management of a fish farm pursuant to Article 8 (3) of the Act shall notify the relevant owner, occupant, or manager of such intention in advance.
(7) A Mayor/Do Governor shall submit the results of a fact-finding survey on the management of fish farms to the Minister of Oceans and Fisheries by January 31 of the year following the year in which the survey is conducted.
(8) Except as provided in paragraphs (1) through (7), matters necessary for fact-finding surveys shall be determined and publicly notified by the Minister of Oceans and Fisheries.
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 Article 6-2 (Establishment of integrated management information system for fish farms)  
(1) The integrated management information system for fish farms under Article 8-2 (1) of the Act (hereafter in this Article referred to as “information system”) shall include the following:
1. Matters regarding the results of fact-finding surveys under Article 8 (1) and (2) of the Act;
2. Matters regarding aquaculture business licenses under Article 10 (1) of the Act;
3. Matters regarding the items for examination and evaluation of aquaculture business licenses under Article 25 (2) of the Act;
4. Matters regarding permission for aquaculture business under Article 43 (1) of the Act;
5. Matters regarding the current status of fisheries disasters defined in subparagraph 3 of Article 2 of the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters and subsidization and support to cover expenses incurred in countermeasures against disasters under Article 4 (1) of that Act;
6. Other matters determined by the Minister of Oceans and Fisheries as necessary for the management of fish farms.
(2) If the Minister of Oceans and Fisheries establishes and operates the information system, the Minister may link it with the following information systems:
1. An information system for local informatization projects operated by the Minister of the Interior and Safety pursuant to Article 65 of the Electronic Government Act;
2. The safety information system for agricultural and fishery products under Article 103 (2) of the Agricultural and Fishery Products Quality Control Act;
3. The information network on fishing ground environments under Article 6-2 (1) of the Fishing Ground Management Act;
4. The information and communications systems for disaster management under Article 74 (1) of the Framework Act on the Management of Disasters and Safety;
5. The marine spatial data system under Article 19 (1) of the Act on Marine Spatial Planning and Management;
6. The comprehensive information system under Article 20-5 (1) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
7. Other information systems determined by the Minister of Oceans and Fisheries that contain information necessary for the management of fish farms.
(3) A Mayor/Do Governor and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; and in the case of the Han River in Seoul Special Metropolitan City, the relevant authority refers to an agency in charge of the business affairs related to the management of the Han River, which apply only to aquaculture business, other than offshore aquaculture business) shall input and manage the matters specified in paragraph (1) 2 and 4 in the information system.
[This Article Added on Feb. 6, 2024]
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 Article 7 (Formulation of plans for use and development of licensed fish farms)  
(1) The Minister of Oceans and Fisheries shall, by December 31 of the year preceding the year in which a plan for the use and development of licensed fish farms under Article 9 (1) of the Act (hereinafter referred to as "development plan") is formulated, prepare basic guidelines for the development plan under Article 9 (2) of the Act (hereinafter referred to as "basic guidelines") and shall notify such guidelines to Mayors/Do Governors; and the Mayors/Do Governors shall, by January 31 of the year in which the development plan is formulated, prepare detailed guidelines for the development plan under Article 9 (2) of the Act (hereinafter referred to as "detailed guidelines") and shall notify such guidelines to the heads of Sis/Guns/Gus (the heads of Gus refers to the heads of autonomous Gus; hereinafter the same shall apply).
(2) The head of a Si/Gun/Gu shall formulate a development plan for the period from July 1 of the relevant year to June 30 of the following year, in accordance with the detailed guidelines, by March 31 of each year and shall submit the plan to the competent Mayor/Do Governor.
(3) A Mayor/Do Governor shall examine whether a development plan under paragraph (2) conforms to the detailed guidelines under paragraph (1), notify the head of the relevant Si/Gun/Gu of the results by April 30 of each year, and submit them to the Minister of Oceans and Fisheries. In such cases, the head of the Si/Gun/Gu shall incorporate the notified examination results into the development plan.
(4) If the head of a Si/Gun/Gu intends to grant an aquaculture business license for the following waters when formulating a development plan pursuant to paragraph (2), the head shall incorporate such intention into the development plan:
1. The waters for which the validity period of an aquaculture business license expires under Article 17 of the Act, from July 1 of the relevant year to June 30 of the following year;
2. The waters for which an aquaculture business right holder defined in subparagraph 8 of Article 2 of the Act (hereinafter referred to as "aquaculture business right holder") intends to relinquish the aquaculture business right pursuant to Article 22 (5) of the Act.
(5) Upon receipt of a request for approval or consultation from the head of a Si/Gun/Gu under Article 9 (4) of the Act, the head of a relevant administrative agency shall, without delay, notify the head of the Si/Gun/Gu of the decision on whether to grant approval or the consultation opinion.
(6) A development plan may be modified pursuant to Article 9 (6) of the Act in the following cases: <Amended on Jan. 10, 2023>
1. Where there is an intention to develop waters suitable for aquaculture within a fishing ground licensed for community fishery business specified in Article 7 (1) 2 of the Fisheries Act, as a fish farm;
2. Where new waters are to be developed for a project implemented by the State or a local government;
3. Where it is particularly necessary for the resolution of fisheries disputes or for fisheries coordination.
(7) When formulating a development plan pursuant to paragraph (2), the head of a Si/Gun/Gu shall publicly announce the details in the public gazette of the relevant local government. The same shall also apply where a development plan is modified pursuant to Article 9 (6) of the Act.
(8) A Mayor/Do Governor shall formulate a development plan for offshore aquaculture business for the period from July 1 of the relevant year to June 30 of the following year, by March 31 of each year, and shall submit the plan to the Minister of Oceans and Fisheries.
(9) Paragraphs (4) through (7) shall apply mutatis mutandis to a development plan for offshore aquaculture business formulated by a Mayor/Do Governor. In such cases, "head of a Si/Gun/Gu" shall be construed as "Mayor/Do Governor".
CHAPTER III AQUACULTURE BUSINESS LICENSES
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 Article 8 (Application for licenses)  
(1) A person who intends to obtain an aquaculture business license pursuant to Article 10 (1) of the Act shall submit an application for the determination of priority in the form prescribed by Decree of the Ministry of Oceans and Fisheries within 30 days of the public announcement of a development plan, to a Mayor/Do Governor (applicable only to offshore aquaculture business) or to the head of a Si/Gun/Gu (applicable only to aquaculture business, other than offshore aquaculture business, and referring to an agency in charge of the business affairs related to the management of the Han River in the case of the Han River in Seoul Special Metropolitan City; hereinafter the same shall apply) that has jurisdiction over the relevant waters, along with the following documents: <Amended on Jan. 10, 2023>
1. Where the person intends to obtain a license for aquaculture business specified in Article 10 (1) 1 through 5 and 7 of the Act:
a. A copy of a document certifying the qualification or career experience of a fisheries technician under the subparagraphs of Article 10 of the Enforcement Decree of the Fisheries Act (applicable only to fisheries technicians);
b. A copy of an aquaculture business license or permit (applicable only to those who have obtained a license or permission for aquaculture business) as of the date of application;
c. A document evidencing that the person has been engaged in aquaculture business (applicable only to those who have been engaged in aquaculture business);
d. A copy of the certificate of a license of an aquaculture business right that the person intends to relinquish (applicable only to those who intend to relinquish an aquaculture business right pursuant to Article 22 (5) of the Act and obtain a new aquaculture business license);
e. A document evidencing foreign nationality or foreign corporate status, such as a copy of a passport (applicable only to foreigners or foreign corporations);
2. Where the person intends to obtain a license for aquaculture business specified in Article 10 (1) 6 of the Act:
a. The details and results of the implementation of experimental aquaculture business for offshore aquaculture under Article 53 of the Act (applicable only to persons specified in Article 15 (2) 2 of the Act);
b. A plan for relocating a fish farm in seawater other than offshore sea (applicable only to those specified in Article 15 (2) 3 and 4 of the Act);
c. Documents specified in subparagraph 1 b through e.
(2) Upon receipt of an application for the determination of priority under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "licensing authority") shall determine, by June 30 of each year, whether the applicant is eligible for a license for the relevant waters for which an aquaculture business license is to be granted, after deliberation by a City/Do fisheries mediation committee (hereinafter referred to as "City/Do committee") or a Si/Gun/Gu fisheries mediation committee (hereinafter referred to as "Si/Gun/Gu committee") under Article 95 of the Fisheries Act; provided, if there is a single applicant, the application need not undergo deliberation by a City/Do committee or Si/Gun/Gu committee. <Amended on Jan. 10, 2023>
(3) Upon determining the priority of a license pursuant to paragraph (2), a licensing authority shall, without delay, send a notice to the highest priority applicant, specifying the period for submitting required documents.
(4) If an applicant, upon receiving a notice under paragraph (3), submits an application for an aquaculture business license in the form prescribed by Decree of the Ministry of Oceans and Fisheries along with the following documents within the notified submission period, a licensing authority shall grant an aquaculture business license to the applicant without delay: <Amended on Jan. 10, 2023>
1. The location of the waters for which the license is to be obtained and a map showing the boundaries of the area;
2. In cases where the waters for which a license is sought overlap either with a fish farm or fishing ground of another aquaculture or village fishery business or with a protection zone under Article 28 of the Fisheries Act, the written consent of the right holder of such aquaculture or fishery business; provided, if a person who had been granted an aquaculture license reapplies for the same type of aquaculture license for the same waters after the previous license has lost its effect, and the address and residence of the current valid right holder of the aquaculture or fishery business are unknown, a written statement of the reason may be submitted in lieu of a written consent.
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 Article 9 (Types of licensed aquaculture business)  
(1) The types of seaweed aquaculture business specified in Article 10 (1) 1 of the Act shall be as follows:
1. Suspended aquaculture business: Business of cultivating seaweed by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment;
2. Bottom culture business: Business of cultivating seaweed by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.
(2) The types of shellfish aquaculture business specified in Article 10 (1) 2 of the Act shall be as follows:
1. Cage culture business: Business of cultivating shellfish by installing cage facilities underwater using floats, nets, or similar equipment;
2. Suspended aquaculture business: Business of cultivating shellfish by installing facilities underwater using floats, ropes, net baskets, or similar equipment;
3. Bottom culture business: Business of cultivating shellfish by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.
(3) The types of pisciculture business specified in Article 10 (1) 3 of the Act (hereinafter referred to as "pisciculture business") shall be as follows:
1. Cage culture business: Business of cultivating aquatic animals by installing cage facilities underwater or in the surface layer using floats, nets, or similar equipment;
2. Embankment aquaculture business: Business of cultivating aquatic animals other than shellfish by constructing embankments on the water;
3. Suspended aquaculture business: Business of cultivating aquatic animals other than shellfish by installing facilities underwater using floats, ropes, net baskets, or similar equipment;
4. Bottom culture business: Business of cultivating aquatic animals other than shellfish by using the seabed or installing stone-throwing type facilities or similar structures on the seabed.
(4) The types of combined aquaculture business specified in Article 10 (1) 4 of the Act (hereinafter referred to as "combined aquaculture business") shall be as follows:
1. Suspended aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as seaweed and shellfish, in a combined manner by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment;
2. Bottom culture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as seaweed and shellfish, in a combined manner by using the seabed or installing stone-throwing type facilities or similar structures on the seabed;
3. Integrated aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants in a combined manner by integrating the farming methods of cage culture business, suspended aquaculture business, and bottom culture business;
4. Embankment aquaculture business: Business of cultivating at least 2 different types of aquatic animals and plants, such as fish and crustaceans, in a combined manner by constructing embankments on the water.
(5) “Certain water depth prescribed by Presidential Decree” in Article 10 (1) 5 of the Act means a water depth exceeding 5 meters but within 10 meters from the average depth at the lowest sea level of the year (or exceeding 7 meters but within 15 meters in the case of Gangwon Special Self-Governing Province, Gyeongsangbuk-do, and Jeju Special Self-Governing Province). <Amended on Feb. 6, 2024>
(6) If a licensing authority intends to grant a license for collaborative aquaculture business specified in Article 10 (1) 5 of the Act (hereinafter referred to as "collaborative aquaculture business"), the authority shall measure and demarcate the waters within the depth range of the fishing grounds under paragraph (5), taking into account fisheries coordination and regional conditions.
(7) The types of offshore aquaculture business shall be as follows: <Amended on Nov. 26, 2024>
1. Cage culture business: Business of cultivating fish by installing cage facilities underwater using floats, nets, or similar equipment;
2. Suspended aquaculture business: Business of cultivating seaweed by installing facilities underwater using poles, stakes, floats, ropes, or similar equipment.
(8) The types of inland aquaculture business specified in Article 10 (1) 7 of the Act (hereinafter referred to as "inland aquaculture business") shall be as follows:
1. Extensive aquaculture business: Business of cultivating aquatic plants and animals by releasing them into dams, lakes, swamps, or reservoirs with a water surface area of up to 10 hectares;
2. Cage culture business: Business of cultivating aquatic animals, such as fish, by installing cage facilities underwater using floats, nets, or similar equipment;
3. Suspended aquaculture business: Business of cultivating aquatic plants and animals, such as seaweed or shellfish, by using poles, stakes, floats, ropes, or similar equipment underwater;
4. Bottom culture business: Business of cultivating aquatic plants and animals, such as seaweed or shellfish, by using the seabed;
5. Embankment aquaculture business: Business of cultivating aquatic animals and plants, such as fish, by constructing embankments on the water.
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 Article 10 (Exceptions to license for fishing village associations)  
(1) The west coast referred to in Article 11 (1) 2 of the Act means the coast of Incheon Metropolitan City, Gyeonggi-do, Chungcheongnam-do, and Jeonbuk Special Self-Governing Province, as well as Mokpo-si, Yeonggwang-gun, Hampyeong-gun, Muan-gun, and Sinan-gun of Jeollanam-do. <Amended on Feb. 6, 2024>
(2) "Cases prescribed by Presidential Decree" in the proviso of Article 11 (3) 3 of the Act means any of the following cases:
1. Where it is deemed necessary to support the expansion of the aquaculture business under Article 59 of the Act;
2. Where it is deemed necessary to designate and develop an aquaculture industrial complex under Article 60 of the Act.
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 Article 11 (Threshold for fish farm area constituting grounds for disqualification from obtaining licenses)  
(1) "Limit area prescribed by Presidential Decree" in subparagraph 2 of Article 12 of the Act means 60 hectares.
(2) Notwithstanding paragraph (1), a licensing authority may set a different, lowered threshold for fish farm area, either for any of the following persons for the purpose of expansion of aquaculture business and the comprehensive use of the waters, or for those who are not the following persons, in cases prescribed by Decree of the Ministry of Oceans and Fisheries for the purpose of the development of the aquaculture industry, in consultation with the Minister of Oceans and Fisheries: <Amended on Feb. 6, 2024>
1. A fisheries cooperative by district under Article 13 of the Fisheries Cooperatives Act (hereinafter referred to as "fisheries cooperative by district");
2. A fishing village association under Article 15 of the Fisheries Cooperatives Act (hereinafter referred to as "fishing village association");
3. A fisheries cooperative by type of business under Article 104 of the Fisheries Cooperatives Act (hereinafter referred to as "fisheries cooperative by type of business");
4. A fisheries partnership under Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
5. A fisheries company under Article 19 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
6. An inland fisheries association under Article 15 of the Inland Water Fisheries Act (limited to a license for inland aquaculture business).
(3) A licensing authority may set a different threshold for fish farm areas for those not falling under the categories specified in the subparagraphs of paragraph (2) by variety or by farming method within the scope of the fish farm area prescribed in paragraph (1).
(4) When calculating the fish farm area under subparagraph 2 of Article 12 of the Act, the area acquired or to be acquired by equity shall be included, while calculating the fish farm area for an individual aquaculture business right, the fish farm area of a fish farm shall be determined by aggregating the fish farm area acquired by the applicant's spouse and lineal descendants under the age of 20, the fish farm area already acquired by the applicant for a license, and the fish farm area for which a new license application is filed.
(5) If a licensing authority intends to determine matters specified in paragraphs (2) and (3), the authority shall refer those matters to a Si/Gun/Gu committee (referring to a City/Do committee in cases of offshore aquaculture business) for deliberation.
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 Article 12 (Enterprises subject to disqualification from obtaining licenses)  
“Enterprise meeting the criteria prescribed by Presidential Decree” in the main clause, with the exception of the items, of subparagraph 3 of Article 12 of the Act means any of the following enterprises: <Amended on Dec. 28, 2021>
1. A large enterprise defined in subparagraph 2 of Article 2 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises;
2. A member company of a business group subject to limitations on cross shareholding designated pursuant to the former part of Article 31 (1) of the Monopoly Regulation and Fair Trade Act.
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 Article 13 (Prohibition of licensing)  
(1) The aquaculture business license prohibition period for a person whose aquaculture business license has been revoked pursuant to Article 13 (1) of the Act shall be 2 years; provided, if part of the aquaculture business licenses held by a person with at least 2 aquaculture business rights have been revoked and the validity period of another non-revoked aquaculture business license expires, the person may obtain a license with the same terms as the expired license.
(2) If deemed necessary to prohibit an aquaculture business license pursuant to Article 13 (2) of the Act, the head of the relevant administrative agency may request the licensing authority having jurisdiction over the relevant waters to prohibit the aquaculture business license, stating the following details in writing:
1. The location of the waters for which prohibition of an aquaculture business license is requested and a map showing the boundaries of the area;
2. The period during which the prohibition of an aquaculture business license is requested;
3. The grounds for requesting the prohibition of an aquaculture business license;
4. Other matters necessary for the prohibition of an aquaculture business license.
(3) Upon receipt of a request for the prohibition of an aquaculture business license pursuant to paragraph (2), the licensing authority shall without delay consult with the head of the relevant administrative agency on the requested matters.
(4) Where it is deemed necessary for the public interest to prohibit an aquaculture business license for the relevant waters as a result of consultation under paragraph (3), the licensing authority shall without delay publicly announce the location of the waters for which an aquaculture business license is prohibited, the period of prohibition of such license, and other relevant information and shall notify the head of the relevant administrative agency thereof.
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 Article 14 (Order of priority in granting licenses)  
(1) "Person ... prescribed by Presidential Decree" in Article 15 (1) 2 of the Act means a fisheries technician under Article 10 of the Enforcement Decree of the Fisheries Act. <Amended on Jan. 10, 2023>
(2) "Person prescribed by Presidential Decree who has experience and a track record in aquaculture" in Article 15 (1) 3 of the Act means any of the following persons:
1. A person who has continuously operated or engaged in the same type of aquaculture business as the one applied for during the 5 years preceding the date of the application for the aquaculture business license (excluding the fallow period of a fishing ground under Article 9 of the Fishing Ground Management Act);
2. A person who has continuously operated or engaged in a type of aquaculture business (limited to aquaculture business under Article 10 of the Act) different from the one applied for during the 5 years preceding the date of the application for the aquaculture business license (excluding the fallow period of a fishing ground under Article 9 of the Fishing Ground Management Act);
3. A person who has continuously operated or engaged in aquaculture business under Article 43 (1) of the Act during the 5 years preceding the date of the application for the aquaculture business license.
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 Article 15 (Joint application)  
(1) If at least 2 persons jointly file an application for an aquaculture business license pursuant to Article 16 (1) of the Act, they shall specify their respective shares in the application.
(2) If a person who has jointly filed an application for an aquaculture business license pursuant to Article 16 (1) of the Act changes his or her applied share, the person shall submit a report on the share change in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the licensing authority no later than the date of the license is granted, along with documents evidencing the change in the share of the applicant.
(3) If a person intends to file a report pursuant to Article 16 (2) of the Act, the person shall submit to the licensing authority a report on the selection or change of the representative in the form prescribed by Decree of the Ministry of Oceans and Fisheries no later than the date the aquaculture business license is granted, along with documents evidencing the qualifications of the representative or the change of the representative (applicable only when the representative is changed).
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 Article 16 (Grounds for reduction of license validity period)  
"Cases prescribed by Presidential Decree" in Article 17 (1) 3 of the Act means any of the following cases:
1. Where the relevant waters are determined and publicly notified as sea areas or fishing grounds subject to the simultaneous renewal of licenses and permission under Article 7 (3) of the Enforcement Decree of the Fishing Ground Management Act;
2. Where the relevant waters are designated and publicly announced as protected waters pursuant to Article 46 of the Fishery Resources Management Act;
3. Where it is deemed necessary for aquaculture business coordination and for fisheries coordination under the Fisheries Act.
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 Article 17 (Licenses for foreigners)  
(1) If a licensing authority intends to grant any of the following aquaculture business licenses or permission to a foreigner or foreign corporation pursuant to Articles 19 and 52 of the Act, the authority shall submit a written request for consultation in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the documents prescribed by Decree of the Ministry of Oceans and Fisheries, such as a written deliberation from the relevant City/Do or Si/Gun/Gu committee; in such cases, the head of a Si/Gun/Gu shall submit a written request for consultation via the Mayor/Do Governor:
1. A license for aquaculture business specified in Article 10 (1) 1 through 4, 6, and 7 of the Act;
2. Permission for aquaculture business specified in the subparagraphs of Article 43 (1) of the Act.
(2) Upon receipt of a request for consultation under paragraph (1), the Minister of Oceans and Fisheries shall examine matters prescribed by Decree of the Ministry of Oceans and Fisheries, such as whether the acquisition of rights to aquaculture business may be prohibited or restricted pursuant to Article 19 (3) of the Act, and shall notify the licensing authority of the results. In such cases, the notification to the head of a Si/Gun/Gu shall be provided via the competent Mayor/Do Governor.
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 Article 18 (Postponement of commencement of aquaculture business)  
"Cases prescribed by Presidential Decree" in the proviso of Article 21 (1) of the Act means any of the following cases:
1. Where the relevant person conducts embankment aquaculture business under Article 9 (3) 2, (4) 4, and (8) 5;
2. Where it is impossible to secure fisheries seeds due to a natural disaster or any other unavoidable cause.
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 Article 19 (Items subject to examination and evaluation of licenses)  
“Matters prescribed by Presidential Decree” in Article 25 (2) 4 of the Act means the following:
1. Whether a fishing ground has been left fallow as prescribed in Article 9 of the Fishing Ground Management Act during the license period;
2. Whether a fishing ground has been cleaned as prescribed in Article 12 of the Fishing Ground Management Act during the license period.
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 Article 20 (Criteria for examination and evaluation of licenses)  
The criteria for examination and evaluation of licenses under Article 25 (1) of the Act shall be as specified in Appendix 1.
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 Article 21 (Limitation or suspension of aquaculture business for proliferation and protection of fishery resources)  
(1) If it is deemed necessary to limit or suspend an aquaculture business license for any reason specified in the subparagraphs of Article 26 (1) 1 through 7 of the Act or to revoke such license for that reason, the head of a relevant administrative agency may notify a licensing authority having jurisdiction over the relevant waters of the following matters and that the authority take necessary measures:
1. The grounds for, and scope of, a request for the restriction on, or suspension or revocation of, the aquaculture business license;
2. The type of aquaculture business, the license number, and the name, address, and date of birth (in cases of a corporation, the corporate registration number) of the aquaculture business right holder (in cases of a corporation or organization, its name and the name of its representative);
3. The location of the waters necessary for the relevant measures and a map showing the boundaries of the area;
4. Compensation measures for the losses to aquaculture business caused by the relevant measures.
(2) The head of a relevant administrative agency may request a licensing authority for materials regarding the current status and other relevant information of aquaculture business rights necessary for the request under paragraph (1). In such cases, the licensing authority shall comply with such request unless there is a compelling reason not to do so.
(3) Upon receipt of a request under paragraph (1), a licensing authority shall determine the measures to be taken after deliberation by the relevant City/Do committee or Si/Gun/Gu committee and notify the head of the relevant administrative agency and the aquaculture business right holder of the details of such determination.
(4) Matters necessary for the criteria for determining measures to be taken under paragraph (3), procedures for implementation thereof, and other relevant details shall be prescribed by Decree of the Ministry of Oceans and Fisheries.
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 Article 22 (Restrictions on and suspension of licenses for military training)  
(1) Cases where the restriction or suspension of a license is necessary for military training or the protection of key military bases pursuant to Article 26 (1) 2 of the Act shall be any of the following cases:
1. Where military training is conducted at sea or on the coast;
2. Where it is necessary for the protection of major military bases located at sea or on the coast.
(2) Cases where the restrict on, or suspension of, a license is necessary for national defense pursuant to Article 26 (1) 3 of the Act shall fall under any of the following: <Amended on Jan. 10, 2023>
1. Where it is necessary to prevent or defend against enemy infiltration on the coast;
2. Where it is necessary to protect a fisher (referring to a fisher defined in subparagraph 10 of Article 2 of the Fisheries Act; hereinafter the same shall apply), such as the prevention of the hijacking of a fishing vessel;
3. Where the Minister of National Defense deems it necessary for strategic and tactical purposes and agrees with the heads of relevant administrative agencies.
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 Article 23 (Public announcement of dispositions regarding aquaculture business licenses)  
When granting an aquaculture business license, restricting or suspending a licensed aquaculture business pursuant to Article 26 of the Act, or revoking the license pursuant to Article 27 of the Act, a licensing authority shall publicly announce the target area, size, period, and other relevant details of such license or disposition, shall notify a person who has filed for his or her right to the aquaculture business right of such details, and shall enter the details of the license or disposition in the information system for local informatization projects operated by the Minister of the Interior and Safety pursuant to Article 65 of the Electronic Government Act.
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 Article 24 (Exceptions to prohibition on leasing aquaculture business rights)  
(1) “Persons ... prescribed by Presidential Decree” in Article 32 (1) 1 of the Act means any of the following persons: <Amended on Jan. 10, 2023; Feb. 6, 2024>
1. A person who is not a member of a fishing village association and engages in fishery activities by a piscary holder defined in subparagraph 8 of Article 2 of the Fisheries Act in the waters where a fish farm is located under an aquaculture business right acquired by either the relevant fishing village association or by a fisheries cooperative, whether by district or by type of business, whose business territory corresponds to the jurisdiction of the relevant fishing village association;
2. A person who is not a member of a fishing village association or inland fisheries association, has a domicile in a Si/Gun or an autonomous Gu to which the relevant fishing village association or inland fisheries association belongs, and is deemed appropriate to use the business of the association by a resolution adopted at its general meeting.
(2) "Head of a public institution or relevant organization prescribed by Presidential Decree" in Article 32 (1) 3 of the Act means the head of any of the following public institutions or organizations:
1. Korea Fisheries Resources Agency under Article 55-2 of the Fishery Resources Management Act (hereinafter referred to as "Korea Fisheries Resources Agency");
2. Korea Fisheries Infrastructure Public Agency established under Article 57 of the Fishing Villages and Fishery Harbors Act (hereinafter referred to as "Korea Fisheries Infrastructure Public Agency");
3. Korea Rural Community Corporation under Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act;
4. Other organizations to which the Minister of Oceans and Fisheries deems it necessary to lease aquaculture business rights for the expansion of the aquaculture business and the designation of aquaculture industry complexes under Article 60 of the Act.
(3) Deleted. <Jun. 20, 2023>
(4) Deleted. <Jun. 20, 2023>
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 Article 24-2 (Procedures and methods for lease of aquaculture business rights)  
(1) The head of a public institution referred to in Article 24 (2) 1 through 3 (hereafter in this Article referred to as "public institution leasing an aquaculture business right") shall consider the following, if the head intends to offer the sublease of the aquaculture business right (excluding cases where a license for inland aquaculture business specified in Article 10 (1) 7 of the Act has been granted; hereafter in this Article, the same shall apply) to an individual or organization pursuant to Article 32 (1) 4 of the Act:
1. To aim at expanding the entry of new personnel into fishing villages and promoting the revitalization of the aquaculture industry;
2. To lease the right preferentially to any of the following persons (limited to fishers or those seeking to become fishers):
a. A person returned to farming or fishing defined in subparagraph 3 of Article 2 of the Act on the Promotion of and Support for Return to Agricultural and Fishing Villages and Rural Communities and a person eligible for programs under the latter part of Article 7 (1) of that Act;
b. A next generation farmer or fisher and a young farmer or fisher under the Act on Fostering of and Support for Next Generation Farmers or Fishers and Young Farmers or Fishers.
(2) If the head of a public institution leasing an aquaculture business right intends to offer the sublease of such right pursuant to paragraph (1), the head shall publicly announce the following matters on the website of the institution:
1. Matters for which the licensing authority has granted a license pursuant to Article 10 of the Act;
2. Matters regarding the lease agreement, such as the lease charge and period;
3. Matters regarding the application procedures, such as application deadline and required documents;
4. Other matters determined by the Minister of Oceans and Fisheries.
(3) The expiration date of the lease agreement for an aquaculture business right under Article 32 (1) 3 and 4 of the Act shall not exceed the validity period of a license under Article 17 of the Act.
(4) Before concluding a lease agreement for an aquaculture business right under Article 32 (1) 3 and 4 of the Act, the head of a public institution leasing the aquaculture business right shall have a prior consultation with the Minister of Oceans and Fisheries on the purpose and details of the lease.
(5) When concluding a lease agreement for an aquaculture business right, any of the following persons shall notify such fact to the licensing authority of the relevant aquaculture business right without delay:
1. A person who intends to offer the lease of an aquaculture business right pursuant to Article 32 (1) 3 of the Act;
2. The head of a public institution leasing an aquaculture business right who intends to offer the sublease of an aquaculture business right pursuant to Article 32 (1) 4 of the Act.
(6) Upon receipt of notification under paragraph (5), the licensing authority shall reflect the details of the relevant lease agreement in the original register of aquaculture business rights in accordance with the Decree on Registration of Fisheries and Aquaculture Business.
[This Article Added on Jun. 20, 2023]
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 Article 25 (Public announcement for consent of co-owners)  
If a co-owner of an aquaculture business right intends to make a public announcement under Article 33 (2) of the Act, the co-owner shall publicly announce the following details in any of the daily newspapers with a nationwide circulation pursuant to Article 9 (1) of the Act on the Promotion of Newspapers:
1. The license number;
2. The type of the aquaculture business, the names of aquaculture facilities, and the methods of operating aquaculture facilities;
3. The name (in cases of a corporation or organization, its name and the name of its representative) and address of the co-owner;
4. Matters for which consent is sought;
5. The period and methods for filing an objection under Article 33 (3) of the Act.
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 Article 26 (Exercise of aquaculture business rights)  
"Cases prescribed by Presidential Decree" in Article 38 (2) of the Act means any of the following:
1. Cases where a fishery cooperative by district or by type of business directly exercises an aquaculture business right of pisciculture business or collaborative aquaculture business;
2. Cases where no member of a fisheries cooperative by district or by type of business, from among members eligible to exercise an aquaculture business right of the cooperative pursuant to Article 38 (2) of the Act, wishes to exercise such right;
3. Any of the following cases where a report is filed with the licensing authority after being resolved at a general meeting of the relevant fisheries cooperative by district or by type of business:
a. Where a member of another fisheries cooperative by district or by type of business has exercised the relevant aquaculture business right;
b. Where necessary for the mediation of fishery disputes or other relevant matters.
[Title Amended on Feb. 6, 2024]
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 Article 27 (Restrictions or prohibitions on exercise of aquaculture business rights)  
“Person who meets the criteria prescribed by Presidential Decree” in Article 38 (3) of the Act means any of the following persons:
1. A person who falls under any of the following categories, in violation of the Act, an order issued under the Act, or the fish farm management bylaws under Article 40 of the Act:
a. A person who is restricted from accessing the relevant fish farm or exercising the relevant aquaculture business right;
b. A person who is prohibited from obtaining a license for aquaculture business;
c. A person who is prohibited from obtaining permission for aquaculture business;
2. A person who is restricted from accessing the relevant fish farm or exercising the relevant aquaculture business right in accordance with the fish farm management bylaws under Article 40 of the Act.
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 Article 28 (Designation of, and restrictions on, aquaculture service vessels)  
(1) When designating a fishing vessel necessary for the management of a fish farm (hereinafter referred to as "aquaculture service vessel") pursuant to Article 41 (1) of the Act, a licensing authority shall consider the efficiency of the management and the conditions of the relevant fish farm.
(2) A fishing vessel that may be used as an aquaculture service vessel pursuant to Article 41 (2) of the Act shall be as specified in Appendix 2; provided, among the fishing vessels specified in Appendix 2, a net vessel for fish farms and an aquaculture service vessel for resource harvesting shall be designated and approved for use exclusively for fish farms of bottom culture business and those of collaborative aquaculture business, respectively; and the former shall be designated solely from the fishing vessels that have been already designated as aquaculture service vessels for fish farms of community fishery business or collaborative aquaculture business under Article 14 of the Enforcement Decree of the Fisheries Act, or fishing vessels to be used in place of such vessels. <Amended on Jan. 10, 2023>
CHAPTER IV PERMISSION FOR AQUACULTURE BUSINESS
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 Article 29 (Types of aquaculture business permission)  
(1) The types of inland saline aquaculture business specified in Article 43 (1) 1 of the Act (hereinafter referred to as "inland saline aquaculture business") shall be as follows:
1. Inland tank-based saline aquaculture business: Business of cultivating aquatic animals and plants by installing facilities, such as water tanks and using seawater;
2. Inland embankment saline aquaculture business: Business of cultivating marine animals and plants by constructing embankments and using seawaters.
(2) The types of inland water aquaculture business, including land-based systems specified in Article 43 (1) 2 of the Act (hereinafter referred to as "inland water aquaculture business, including land-based systems") shall be as follows:
1. Inland water aquaculture business using inland water tanks: Business of cultivating aquatic animals and plants by installing facilities on land, such as water tanks, using freshwater or brackish water (a mixture of seawater and freshwater);
2. Other inland aquaculture business: Business of conducting aquaculture business specified in the subparagraphs of Article 9 (8) in private waters.
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 Article 30 (Consent to use of inland waters)  
Matters for which the head of a Si/Gun/Gu shall obtain consent from a waters manager pursuant to Article 46 (1) of the Act shall be as follows:
1. The location and area of the waters used for aquaculture business;
2. The types of aquaculture business;
3. The timing for aquaculture business;
4. Facilities for aquaculture business;
5. The intended period for conducting aquaculture business;
6. Charges for the use of the waters.
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 Article 31 (Extension or reduction of validity period of permission)  
(1) The head of a Si/Gun/Gu may extend the validity period of permission for aquaculture business multiple times within a total of 5 years pursuant to the proviso of Article 47 (1) of the Act.
(2) A person seeking an extension of the validity period of permission for aquaculture business pursuant to the proviso of Article 47 (1) of the Act shall file an application with the head of a Si/Gun/Gu no later than 3 months before the expiration of such validity period, as prescribed by Decree of the Ministry of Oceans and Fisheries.
(3) If the head of a Si/Gun/Gu intends to reduce the validity period of permission for aquaculture business pursuant to Article 47 (2) of the Act, the head shall notify the applicant for permission of the details of and grounds for the reduction.
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 Article 32 (Provisions to be applied mutatis mutandis)  
Articles 13 (2), 18, 21, and 22 shall apply mutatis mutandis to permission for an aquaculture business under Article 43 of the Act. In such cases, "license" shall be construed as "permission"; "licensing authority" as "head of a Si/Gun/Gu"; "embankment aquaculture business under Article 9 (3) 2, (4) 4, and (8) 5" as "inland embankment saline aquaculture business under Article 29 (1) 2 and embankment aquaculture business among other inland aquaculture business under paragraph (2) 2 of that Article”; “Article 27 (1) 6 of the Act” as "subparagraph 4 of Article 51 of the Act"; "aquaculture business right" as "a festival aquaculture business among the inland festival aquaculture business under Article 29 (1) 2 and other inland aquaculture business under Article 29 (2) 2 of the Act"; "Article 27 (1) 6 of the Act" as "subparagraph 4 of Article 51 of the Act"; "aquaculture business right holder" as "person who has obtained permission for aquaculture business"; and "aquaculture business right" as "aquaculture business permitted"; respectively.
CHAPTER V COORDINATION OF AQUACULTURE BUSINESS
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 Article 33 (Establishment of sanitation control standards)  
If necessary for sanitation control under Article 54 (2) of the Act, the Minister of Oceans and Fisheries may determine and publicly notify the management standards for aquaculture products and fish farm environments, such as water quality and seabed bottom materials, which may impose restrictions or prohibitions on the aquaculture of aquatic animals and plants.
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 Article 34 (Restrictions or prohibitions on handling of aquaculture products for sanitation control)  
(1) For the sanitation control of aquaculture products, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "administrative authority") may restrict or prohibit the handling of such products and their processed products pursuant to Article 54 (2) 1 of the Act, in any of the following cases:
1. Where the relevant product falls under the category specified in subparagraph 2 or 3 of Article 4 of the Food Sanitation Act;
2. Where the president of the National Institute of Fisheries Science notifies that it is necessary to restrict or prohibit the handling of the relevant products due to the failure of the water quality or aquaculture products in the relevant waters to meet the control standards under Article 33.
(2) If an administrative authority intends to impose restrictions or prohibitions under paragraph (1), the authority shall comply with the standards for the restriction or prohibition period, waters, and other relevant matters for each type of aquaculture product and its processed products, as publicly notified by the Minister of Oceans and Fisheries.
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 Article 35 (Restrictions on packaging and containers for aquaculture products)  
(1) The Minister of Oceans and Fisheries may restrict the manufacture, sale, or use of packaging and containers for aquaculture products pursuant to Article 54 (2) 1 of the Act.
(2) If the Minister of Oceans and Fisheries intends to restrict the manufacture, sale, or use of packaging and containers for aquaculture products pursuant to paragraph (1), the Minister shall determine and publicly notify the following details:
1. The specifications and materials of packaging and containers by item;
2. Inspection of the specifications and materials of packages and containers;
3. Other matters necessary for restrictions on the manufacture, sale, or use of packaging and containers.
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 Article 36 (Restrictions on qualifications of aquaculture businesspersons or workers)  
If an administrative authority intends to restrict the qualifications of an aquaculture businessperson or worker pursuant to Article 54 (2) 2 of the Act, the authority shall determine and publicly notify the specific details, including the purpose and period of restriction.
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 Article 37 (Stocking density and maintenance of aquaculture facilities)  
An administrative authority may order an aquaculture business right holder to maintain the standard rearing criteria under Article 10 (3) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery, pursuant to Article 54 (2) 3 of the Act.
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 Article 38 (Restrictions or prohibitions necessary for implementation of fisheries agreements)  
If necessary for the implementation of agreements with foreign countries (including international organizations), generally accepted international laws, and foreign statutes or regulations governing fisheries, the Minister of Oceans and Fisheries may impose the following restrictions or prohibitions pursuant to Article 54 (2) 4 of the Act:
1. Restrictions or prohibitions on aquaculture business;
2. The installation of aquaculture facilities and appurtenant facilities and restrictions or prohibitions on such facilities;
3. Restrictions or prohibitions on activities in aquaculture facilities and appurtenant facilities;
4. Restrictions or prohibitions on aquaculture business for aquaculture businesspersons who fail to take measures under fisheries agreements with foreign countries (including international organizations);
5. Restrictions or prohibitions on private-sector cooperation in aquaculture business.
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 Article 39 (Designation of landing sites and trading sites)  
(1) Upon receipt of an application from the head of the competent Si/Gun/Gu or after consultation with such head, a Mayor/Do Governor may designate part of a fishery products auction house at the place of origin defined in subparagraph 4 of Article 2 of the Fishery Products Distribution Management and Support Act as a landing site (referring to a place where catches, etc. are transferred from a vessel to land) and a trading site (hereinafter referred to as "a landing site and a trading site") pursuant to Article 54 (2) 5 of the Act.
(2) When designating a landing site and a trading site pursuant to paragraph (1), a Mayor/Do Governor shall publicly notify the following details and inform the Minister of Oceans and Fisheries thereof:
1. The name and manager of the landing site and the trading site;
2. The location, scale, and facility specifications of the landing site and the trading site.
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 Article 40 (Revocation of designation of landing sites and trading sites)  
(1) A Mayor/Do Governor may revoke the designation of a landing site and a trading site designated pursuant to Article 54 (2) 5 of the Act, upon receipt of a request from the head of the competent Si/Gun/Gu or after consultation with such head, in any of the following cases; provided, in the case of subparagraph 1, the Mayor/Do Governor shall revoke the designation:
1. Where the landing site and the trading have been designated by fraud or other improper means;
2. Where there has been no record of unloading or trading operations for at least 1 consecutive year.
(2) When revoking the designation of a landing site and a trading site pursuant to paragraph (1), a Mayor/Do Governor shall publicly notify such revocation and inform the Minister of Oceans and Fisheries thereof.
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 Article 41 (Restrictions or prohibitions on use of fish feed)  
(1) An administrative authority may order the following fish farms to use compound feed under subparagraph 3 of Article 2 of the Control of Livestock and Fish Feed Act for marine environmental management pursuant to Article 54 (2) 6 of the Act:
1. A fish farm determined and publicly notified by the Minister of Oceans and Fisheries which cultivates aquaculture species with high consumption of raw feed;
2. A fish farm located in waters deemed necessary for marine environment management and publicly notified by the Minister of Oceans and Fisheries.
(2) Even if an aquaculture businessperson is ordered to use compound feed pursuant to paragraph (1), the businessperson need not use such feed for a limited period, if it is unavoidable due to growth environment factors, such as exceeding the appropriate temperature range for each species determined by the Minister of Oceans and Fisheries.
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 Article 42 (Designation of recreational fishing grounds)  
“Aquaculture business prescribed by Presidential Decree” in Article 55 (1) of the Act means the following aquaculture business:
1. Pisciculture business;
2. Combined aquaculture business;
3. Collaborative aquaculture business;
4. Offshore aquaculture business;
5. Inland aquaculture business;
6. Inland saline aquaculture business;
7. Inland water aquaculture business, including land-based systems.
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 Article 43 (Remediation plans for illegal aquaculture facilities)  
(1) If the Minister of Oceans and Fisheries intends to formulate a remediation plan for illegal aquaculture facilities, etc. under Article 56 (7) of the Act (hereafter in this Article referred to as "remediation plan"), the Minister shall incorporate the results of a fact-finding survey on the management of fish farms under Article 8 (2) of the Act and seek the opinions of the head of a Si/Gun/Gu (referring to the competent Mayor/Do Governor in cases of offshore aquaculture business; hereafter in this Article, the same shall apply).
(2) The Minister of Oceans and Fisheries may request the head of a Si/Gun/Gu to submit relevant materials, if necessary to formulate a remediation plan. In such cases, the head shall comply with such request unless there is a compelling reason not to do so.
(3) When formulating a remediation plan, the Minister of Oceans and Fisheries shall notify the head of a Si/Gun/Gu of the details of such plan, and the head in receipt of such notification shall cooperate in implementing the relevant plan.
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 Article 44 (Measures against aquaculture businesspersons)  
An administrative authority may take the following measures against aquaculture businesspersons and workers pursuant to Article 58 (2) of the Act:
1. Education for aquaculture businesspersons and workers;
2. Guidance on the management of aquaculture facilities and transport facilities and processing facilities for aquaculture products;
3. Guidance on the management of fish farms to prevent natural and fishery disasters;
4. Education for the prevention of safety-related accidents during work at fish farms and aquaculture service vessels;
5. Guidance on the improvement of employment conditions;
6. Request for cooperation in the use, etc. of aquaculture facilities for the practical training of teachers and students of fisheries-related schools;
7. Other measures deemed necessary by the Minister of Oceans and Fisheries.
CHAPTER VI PROMOTION OF AQUACULTURE INDUSTRY
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 Article 45 (Support for technology development related to aquaculture industry)  
A person who intends to receive support for the projects specified in the subparagraphs of Article 61 (1) of the Act shall submit an application for support in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the documents prescribed by Decree of the Ministry of Oceans and Fisheries.
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 Article 46 (Formulation of policy measures to develop human resources specialized in aquaculture industry)  
(1) Where the Minister of Oceans and Fisheries intends to formulate policy measures necessary to develop human resources with specialized technologies or skills related to the aquaculture industry (hereinafter referred to as "human resources specialized in the aquaculture industry") pursuant to Article 62 (1) of the Act, the Minister shall seek the opinions of the heads of relevant central administrative agencies.
(2) “Matters ... prescribed by Presidential Decree” in Article 62 (2) 5 of the Act means matters regarding support for aquaculture business start-up under Article 65 of the Act for human resources specialized in the aquaculture industry.
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 Article 47 (Support for organizations related to human resources specialized in aquaculture industry)  
The Minister of Oceans and Fisheries may provide the following support to organizations and other relevant entities related to human resources specialized in the aquaculture industry pursuant to Article 62 (3) of the Act:
1. Support for the development of programs and teaching materials necessary to develop human resources specialized in the aquaculture industry;
2. Support for the education, training, research, and other relevant activities necessary to develop human resources specialized in the aquaculture industry;
3. Other support necessary to develop human resources specialized in the aquaculture industry.
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 Article 48 (Projects eligible for subsidies and loans for promoting and developing aquaculture industry)  
Projects eligible for subsidies and loans under Article 66 (2) of the Act shall be as follows:
1. Projects for developing and disseminating aquaculture science and technology;
2. Projects for supporting aquaculture management;
3. Projects for developing aquaculture organizations;
4. Projects for handling, processing, and distributing aquaculture products and developing markets therefor;
5. Projects for supplying aquaculture equipment, such as floats, feed makers, nets, temperature control systems, and oxygen supply devices, which are directly used in the cultivation of aquaculture products;
6. Projects for improving facilities that serve as the production infrastructure for aquaculture business, such as aquaculture seed and feed production facilities;
7. Projects for improving and managing aquaculture business and fish farm environment;
8. Private-sector cooperative projects for aquaculture business under fisheries agreements with foreign countries (including international organizations);
9. Projects for disease control in aquatic organisms, including disease examination;
10. Projects for converting aquaculture gear and materials to environmentally friendly gear and materials;
11. Aquaculture business or aquaculture-related business using tidal flats;
12. Projects for the informatization of aquaculture business.
CHAPTER VII SUPPLEMENTARY PROVISIONS
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 Article 49 (Compensation)  
Articles 52 through 55 and Appendix 10 of the Enforcement Decree of the Fisheries Act shall apply mutatis mutandis to the criteria for compensation, methods of payment, and other matters necessary for compensation under Article 67 (4) of the Act. In such cases, "fishery business" shall be construed as "aquaculture business"; "fishery business right" as "aquaculture business right"; "licensed fishery business" as "licensed aquaculture business"; "permitted fishery business" as "permitted aquaculture business"; "catch performance" as "production performance"; "catch volume" as "production volume"; "fishing ground" as "fish farm"; "catches" as "products"; "Article 7 of the Act" as "Article 10 of the Aquaculture Industry Development Act"; "Article 14 of the Act" as "Article 17 of the Aquaculture Industry Development Act"; “Article 29 of the Act” as “Article 22 of the Aquaculture Industry Development Act”; “Article 33 of the Act” as “Article 26 of the Aquaculture Industry Development Act”; “Article 34 of the Act” as “Article 27 of the Aquaculture Industry Development Act”; “Article 40 of the Act” as “Article 43 of the Aquaculture Industry Development Act”; "Article 50 (1) and (3) of the Act” as "Article 52 of the Aquaculture Industry Development Act"; "Article 69 of the Act" as "Article 71 of the Aquaculture Industry Development Act"; and "Article 88 of the Act" as “Article 67 of the Aquaculture Industry Development Act”. <Amended on Jan. 10, 2023>
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 Article 50 (Methods and procedures for awards)  
(1) When granting an award pursuant to Article 70 of the Act, the Minister of Oceans and Fisheries may confer either a certificate of commendation or a monetary award, or both.
(2) Necessary matters regarding the criteria for granting monetary awards under paragraph (1) and the methods and procedures for awarding shall be determined and publicly notified by the Minister of Oceans and Fisheries.
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 Article 51 (Procedures and methods for requesting submission of materials)  
(1) When the Minister of Oceans and Fisheries requests the heads of relevant central administrative agencies, the heads of local governments, and the heads of relevant institutions and organizations to submit materials pursuant to Article 72 of the Act, the Minister shall allow a period of at least 7 days; provided, this shall not apply in cases of emergency or other special circumstances.
(2) The request for the submission of materials under paragraph (1) shall be made in writing, and the following shall be specified in the written request:
1. The name or title, and the address, of the person requested to submit the materials;
2. The details of the materials to be submitted;
3. The deadline and methods for submitting the materials;
4. The department and the person in charge of receiving the submitted materials.
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 Article 52 (Method of service of documents by public notice)  
A public announcement under Article 73 (1) of the Act shall be made either in the Official Gazette or on the website of the Ministry of Oceans and Fisheries for matters under the jurisdiction of the Minister of Oceans and Fisheries, or in the public gazette or on the website of the relevant local government for matters under the jurisdiction of a Mayor/Do Governor or the head of a Si/Gun/Gu.
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 Article 53 (Delegation and entrustment of authority)  
(1) The Minister of Oceans and Fisheries shall delegate his or her authority to examine and evaluate licenses under Article 25 of the Act to the president of the National Institute of Fisheries Science pursuant to Article 76 (1) of the Act.
(2) A Mayor/Do Governor shall delegate his or her authority to conduct fact-finding surveys on the management of fish farms under Article 8 (2) of the Act to the head of a Si/Gun/Gu pursuant to Article 76 (2) of the Act.
(3) The Minister of Oceans and Fisheries shall entrust the following business affairs to the presidents of the Korea Fisheries Resources Agency and the Korea Fisheries Infrastructure Public Agency pursuant to Article 76 (3) of the Act:
1. Fact-finding surveys on the aquaculture industry under article 8 (1) of the Act and fact-finding surveys on the management of fish farms under paragraph (2) of that Article;
2. Enforcement of the removal of aquaculture facilities or products under Article 56 (3) and (4) of the Act and implementation of remediation plans under paragraph (7) of that Article;
3. Measures taken against aquaculture businesspersons and aquaculture workers under Article 58 (2) of the Act;
4. Business affairs regarding the implementation of the matters specified in Article 62 (2) 2 through 4 of the Act.
(4) When entrusting business affairs pursuant to paragraph (3), the Minister of Oceans and Fisheries shall publicly notify the entrusted party and the details of the relevant affairs.
(5) The president of the National Institute of Fisheries Science, the head of a Si/Gun/Gu, or the president of the Korea Fisheries Resources Agency or the Korea Fisheries Infrastructure Public Agency, who has handled matters delegated or entrusted pursuant to paragraphs (1) through (3), shall report the results of such handling to the entrusting or delegating authority, specifically the Minister of Oceans and Fisheries or the competent Mayor/Do Governor by December 31 of each year.
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 Article 54 (Management of personally identifiable information)  
An administrative authority (in cases of delegating of the relevant authority or entrustment of the relevant business affairs, including persons to whom such authority or duties are delegated or entrusted) may manage data containing resident registration numbers, passport numbers, or foreign registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following business affairs:
1. Business affairs regarding aquaculture business licenses under Article 10 of the Act;
2. Business affairs regarding the verification of grounds for disqualification of aquaculture business licenses under Article 12 of the Act;
3. Business affairs regarding joint applications for aquaculture business licenses under Article 16 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
4. Business affairs regarding the granting and extension of the validity period of aquaculture business licenses under Article 17 of the Act;
5. Business affairs regarding limited aquaculture business licenses under Article 18 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
6. Business affairs regarding aquaculture business licenses for foreigners or foreign corporations under Article 19 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
7. Business affairs regarding reporting on the temporary closure of business and the surrender of aquaculture business rights under Article 22 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
8. Business affairs regarding reporting on the modification of licensed matters under Article 24 of the Act;
9. Business affairs regarding the restriction on, or suspension of, aquaculture business licenses under Article 26 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
10. Business affairs regarding Revocation of aquaculture business licenses under Article 27 of the Act;
11. Business affairs regarding the transfer, division, or modification of aquaculture business rights under Article 30 of the Act;
12. Business affairs regarding the use of, and restriction on, and prohibition of, aquaculture service vessels under Article 41 of the Act (including cases applied mutatis mutandis under Article 52 of the Act);
13. Business affairs regarding permission for aquaculture business under Article 43 of the Act;
14. Business affairs regarding the succession to the status of persons granted permission for aquaculture business under Article 50 of the Act;
15. Business affairs regarding the revocation of permission for aquaculture business under Article 51 of the Act;
16. Business affairs regarding support for aquaculture business start-up under Article 65 of the Act;
17. Business affairs regarding compensation under Article 67 of the Act;
18. Business affairs regarding awards under Article 70 of the Act;
19. Business affairs regarding access, inspection, and other relevant activities under Article 71 of the Act.
CHAPTER VIII PENALTY PROVISIONS
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 Article 55 (Criteria for imposition of administrative fines)  
The criteria for the imposition of administrative fines under Article 81 (1) of the Act shall be as specified in Appendix 3.
ADDENDA <Presidential Decree No. 30977, Aug. 26, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2020.
Article 2 (General transitional measures regarding dispositions)
Acts conducted by or toward an administrative agency under the previous Enforcement Decree of the Fisheries Act or the previous Enforcement Decree of the Inland Water Fisheries Act as at the time this Decree enters into force shall be deemed acts conducted by or toward an administrative agency under the corresponding provisions of this Decree.
Article 3 (Transitional measures regarding criteria for imposition of administrative fines)
The imposition of administrative fines for violations of Article 102 of the previous Fisheries Act before this Decree enters into force shall be included in the calculation of the number of violations under Appendix 3.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 31438, Feb. 9, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on February 19, 2021.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
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 11 Omitted.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 61 shall also apply to an administrative disposition, a penalty surcharge, or an administrative fine that is made or imposed after this Decree enters into force for a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 33558, Jun. 20, 2023>
This Decree shall enter into force on June 28, 2023.
ADDENDA <Presidential Decree No. 34203, Feb. 6, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on February 17, 2024.
Article 2 (Applicability to exceptions to prohibition on leasing aquaculture business rights)
The amended provisions of Article 24 (1) 2 shall begin to apply where an aquaculture business right owned by a fishing village association or inland fisheries association is exercised under Article 32 (1) 1 of the Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 35016, Nov. 26, 2024>
This Decree shall enter into force on the date of its promulgation.

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