ENFORCEMENT DECREE OF THE INLAND WATER FISHERIES ACT
Wholly Amended by Presidential Decree No. 16930, Jul. 29, 2000
Amended by Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19078, Sep. 30, 2005
Presidential Decree No. 19463, Apr. 28, 2006
Presidential Decree No. 20351, Oct. 31, 2007
Presidential Decree No. 20677, Feb. 29, 2008
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 25719, Nov. 11, 2014
Presidential Decree No. 26847, Dec. 31, 2015
Presidential Decree No. 27245, jun. 21, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27785, Jan. 10, 2017
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30977, Aug. 26, 2020
Presidential Decree No. 30957, Sep. 19, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 33137, Dec. 27, 2022
The purpose of this Decree is to prescribe matters mandated by the Inland Water Fisheries Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Jun. 8, 2010]
| Article 2 (Scope of Public Institutions) |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 3 (Applications for Permission for Fishing Restriction in Private Waters) |
Any person who intends to obtain permission to restrict or prohibit inland fisheries by other persons, under Article 4 (1) of the Act, shall submit to a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the heads of autonomous Gus, and also, in cases of the Han River in Seoul Special Metropolitan City, referring to the head of an agency in charge of duties concerning managing the Han River; hereinafter the same shall apply), a written application for permission to restrict, etc. inland fisheries stating the following: | 1. | Names and addresses of the applicants; |
| 2. | Locations and areas of the waters to be restricted or prohibited; |
| 3. | Periods to be restricted or prohibited; |
| 4. | Grounds for requesting the permission; |
| 5. | Documents by which the occupation or ownership of the waters for obtaining permission is verified. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 4 (Formulation of Implementation Plans for Advancement of Inland Fisheries) |
| (1) | 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") shall formulate and implement an implementation plan for the advancement of inland fisheries pursuant to Article 5 (2) of the Act. |
| (2) | “Modification of any minor matter prescribed by Presidential Decree” in the proviso of Article 5 (3) of the Act means any of the following: |
| 1. | Where any modification is made to reflect the details of the revision of the Act or this Decree or the enactment, amendment, or repeal of other statutes or regulations, which does not affect the basic direction of the development policy on inland fisheries under Article 5 (1) 1 of the Act; |
| 2. | Where any correction is made to minor mistakes, misspellings, omission, or apparent errors equivalent thereto. |
[This Article Wholly Amended on Aug. 19, 2020]
| Article 5 (Applications for Fishing Licenses) |
Any person who intends to obtain a fishing license under Article 6 (1) of the Act, shall submit a written application for a license for inland fisheries, to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the waters regarding which the applicant intends to obtain the license. [This Article Wholly Amended on Jun. 8, 2010]
| Article 6 (Removal of Fishing Facilities) |
| (1) | Any waters manager who intends to file an application for removing fishing facilities or for issuing an order for other necessary measures in accordance with Article 7 (4) of the Act, shall submit to a Special Self-Governing Province Governor, or heads of Sis/Guns/Gus a written application stating the following: |
| 1. | Grounds for the need for measures such as the removal, etc. of fishing facilities; |
| 2. | Locations of waters and fishing facilities; |
| 3. | Names and addresses of fishing rights holders; |
| 4. | Facilities subject to measures such as removal; |
| 5. | Time to take measures and method for measures. |
| (2) | If a Special Self-Governing Province Governor, or heads of Sis/Guns/Gus take necessary measures on receipt of an application made pursuant to paragraph (1), they shall determine the period for these measures, based on the ground for application and the degree of damage being inflicted upon the agricultural production infrastructure, etc. |
| (3) | “Other necessary measures” which a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, may order a fishing rights holder to take, pursuant to provisions of Article 7 (4) of the Act excluding subparagraphs of that Article of that Act, means measures such as modification, relocation, destruction, etc. |
| (4) | When a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has ordered to take measures under paragraph (2), they shall, without delay, notify the relevant waters manager thereof. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 7 (Applications for Fishing Permits) |
| (1) | Each person who intends to obtain a permit to engage in fishing pursuant to Article 9 (1) of the Act, shall apply for a fishing permit, with respect to fishing vessels in cases of fisheries operating with fishing vessels, or with respect to fishing gear in cases of fisheries operating by use of fishing gear, respectively. <Amended on Sep. 7, 2012> |
| (2) | Any person who intends to obtain a fishing permit pursuant to Article 9 (1) of the Act, shall submit a written application for a permit for inland fisheries, to a Special Self-Governing Province Governor, or heads of Sis/Guns/Gus having jurisdiction over the waters for the applicant intends to obtain the permit. <Amended on Aug. 11, 2010> |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 8 (Approval for Restriction on Fisheries subject to Permits) |
| (1) | If a Mayor/Do Governor intends to obtain approval prescribed in Article 9 (4) of the Act, he or she shall submit a written application stating the following: <Amended on Mar. 23, 2013> |
| 1. | Ground for restriction; |
| 2. | Type, name, and contents of fisheries to be restricted; |
| 3. | Areas of operation of fisheries (including attachment of a plan of the areas); |
| 4. | Scale and method of fisheries to be restricted; |
| 5. | State of aquatic resources, such as aquatic animals and plants, to be restricted; |
| 6. | Relationship to other fisheries. |
| (2) | When a Mayor/Do Governor restricts areas of fishing operation, scale and method, etc., of fisheries subject to permits, on receipt of approval pursuant to paragraph (1), he/she shall, without delay, publicly notify such facts. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 9 (Fisheries Subject to Reporting) |
| (1) | “Fisheries prescribed by Presidential Decree” under Article 11 (1) of the Act shall be as follows: <Amended on Jun. 21, 2016> |
| 1. | Cast-net fishery: fishery which captures aquatic animals using a cast net; |
| 2. | Fish-weir fishery: fishery which captures aquatic animals by installing a fish-weir in the rivers; |
| 3. | Trap fishery: fishery which captures aquatic animals using a trap; |
| 4. | Single-line fishing: fishery which captures aquatic animals with a single line fishing; |
| 5. | Deleted; <Aug. 26, 2020> |
| 6. | Deleted. <Feb. 11, 2014> |
| (2) | Each person who intends to report on fisheries under Article 11 (1) and (2) of the Act, shall submit a written report on inland fisheries to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu in accordance with the following classifications: <Amended on Nov. 11, 2014; Aug. 26, 2020> |
| 1. | Fisheries provided for in subparagraph 1 through 4 of paragraph (1): A Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the domicile of the reporting person; |
| 2. | Fisheries provided in Article 11 (2) of the Act: A Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the domicile of facilities. |
| (3) | If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a report pursuant to paragraph (2), he or she shall issue a certificate of a report on inland fisheries to the reporting person. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 10 (Consultation on Use of Waters) |
Matters on which a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall consult with the waters manager in advance pursuant to Article 12 (1) of the Act, shall be the following: | 1. | Location and area of waters used for fishery activities; |
| 3. | Timing of fishing operations; |
| 4. | Facilities of fisheries; |
| 5. | Intended period for operation of fisheries; |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 11 (Ground for Reduction of Effective Period of Fishing Licenses) |
| (1) | Deleted. <Aug. 26, 2020> |
| 1. | Where fisheries are restricted or prohibited pursuant to other statutes or regulations; |
| 2. | Where the period of lease of fishing vessels, fishing gear, or facilities is less than five years. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 12 (Fishing Restrictions for Public Interest) |
| (1) | Where a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to impose a fishing restriction, etc., on a fishing license obtained or fisheries permitted or reported, pursuant to Article 16 of the Act, he or she shall undergo deliberation by the Inland Fisheries Coordination Council under Article 10 (4) of the Act. |
| (2) | Where the head of a relevant administrative agency intends to request a Special Self-Governing Province Governor or the head of a Si/Gun/Gu to place restrictions on fisheries, etc., pursuant to Article 16 (2) of the Act, he or she shall request necessary measures in writing stating the following: <Amended on Nov. 11, 2014; Dec. 30, 2015> |
| 1. | Ground for and scope of the request of restriction, suspension, or revocation of fisheries; |
| 2. | Type of fishing and the relevant license, permit, or reporting number; |
| 3. | Names, date of birth, and addresses of fishing rights holders (in cases of a corporation or organization, the name of the corporation or organization and the name of the representative thereof); |
| 4. | Location and map of the waters necessary for the relevant measures; |
| 5. | Compensation measures for the loss which the relevant measures inflict on fisheries. |
| (3) | When the head of the relevant agency makes a request pursuant to paragraph (2), he or she shall request a Special Self-Governing Province Governor or the head of a Si/Gun/Gu to submit materials necessary for the fishing rights, etc. In such cases, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall comply therewith such unless there is a compelling reason not to do so. |
| (4) | A Special Self-Governing Province Governor or the head of a Si/Gun/Gu on receipt of a request pursuant to paragraph (2) shall notify the head of a relevant agency and fishing rights holders of an opinion on corrective measures requested. |
| (5) | When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu adopts an opinion pursuant to paragraph (4), necessary matters regarding criteria for determining corrective measures, its implementation procedures, etc., shall be prescribed by Ordinance of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 13 (Projects subject to Subsidies) |
Projects for which the Minister of Oceans and Fisheries, the Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the “administrative authority) may grant a subsidy or provide a loan pursuant to Article 17 of the Act, shall be the following: <Amended on Mar. 23, 2013> | 1. | Creation of inland water resources and projects for aquaculture infrastructure; |
| 2. | Projects for the treatment, processing, and distribution of freshwater fish and the promotion of export thereof; |
| 3. | Projects for development and dissemination of aquaculture technology; |
| 4. | Research on resources, and testing and research projects; |
| 5. | Promotion of organizations concerning inland waters; |
| 6. | Other projects deemed necessary to encourage and promote inland fisheries. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 14 (Restriction on Recreational Fishing) |
| (1) | Any person who conducts recreational fishing pursuant to Article 18 of the Act, may capture and gather aquatic animals and plants, using fishing gear: Provided, That none of the following shall be used: |
| 1. | Boat equipped with any power engine; |
| 2. | Scuba equipment for diving; |
| 5. | Equipment restricted under other Acts and subordinate statutes, related to the capture and gathering of aquatic animals and plants. |
| (2) | Notwithstanding the proviso of paragraph (1), a Special Self-Governing Province Governor or the head of a Si/Gun/Gu may allow use of any gear or equipment provided for in subparagraphs 1 through 4 of paragraph (1) in a specifically designated area, based on the fishery conditions. |
| (3) | If a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to impose restrictions on the time, fishes to capture, areas, etc., of recreational fishing pursuant to Article 18 of the Act, he or she shall consider the following: <Amended on Jul. 31, 2012; Mar. 23, 2013; Jun. 21, 2016> |
| 1. | Current status of the aquatic ecosystem including the type and amount of aquatic resources such as aquatic animals and plants living in the waters to be restricted; |
| 2. | Influence which recreational fishing in the waters to be restricted shall have on aquatic resources and the ecosystem; |
| 3. | Current status of discharge of aquatic seeds for the composition of aquatic resources; |
| 4. | Current status of habitation of aquatic animals and plants worthy of protection, such as endangered wildlife and Si/Do-protected wildlife pursuant to the Wildlife Protection and Management Act; |
| 5. | Matters determined and published by the Minister of Oceans and Fisheries in order to protect propagation, such as spawning, maturing, etc. of aquatic resources, and implement aquatic policy. |
| (4) | When a Special Self-Governing Province Governor or the head of a Si/Gun/Gu imposes a restriction on the time, fishes to capture, areas, etc., of recreational fishing pursuant to Article 18 of the Act, he or she shall publicly notify the following, and shall install an information board with facts publicly notified in the relevant area subject to restrictions: |
| 1. | Name and location of the area to be restricted; |
| 2. | Restrictive matters, such as the timing and scope thereof, to be restricted; |
| 3. | Penalty provisions concerning a person violating any restricted matter; |
| 4. | Other matters necessary for restrictions on recreational fishing. |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 15 (Permission to Use Harmful Fishing Method) |
Any person who intends to obtain permission for use under the proviso of Article 19 of the Act in order to capture or gather aquatic animals and plants using explosives, poisons or electricity, shall submit to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, a written application for permission to use the harmful fishing method. [This Article Wholly Amended on Jun. 8, 2010]
| Article 15-2 (Modification of Comprehensive Management Plan for Fish Ladders) |
“Minor matters prescribed by Presidential Decree” in the proviso of Article 19-3 (2) of the Act means the increase or decrease by up to one tenth of the project expenses determined under the comprehensive management plan for fish ladders. [This Article Newly Inserted on Nov. 12, 2012]
| Article 15-3 (Timing, Scope, and Method of Fact-Finding Survey) |
| (1) | A fact-finding survey (hereinafter referred to as “fact-finding survey”) provided for in Article 19-4 of the Act shall be conducted in accordance with the following classifications: |
| 1. | Regular survey: five-yearly survey for the formulation of a comprehensive management plan for fish ladders as provided for in Article 19-3 (1) of the Act; |
| 2. | Occasional survey: survey when deemed necessary to install and manage fish ladders. |
| (2) | A fact-finding survey shall include the following: |
| 1. | Current status of the installation and management of fish ladders; |
| 2. | Current status of the research, development, and supply of technology relating to fish ladders; |
| 3. | Current status of educational programs for technology relating to fish ladders and the scale of educational manpower supporting for the educational programs; |
| 4. | International trends towards fish ladders; |
| 5. | Other matters necessary for the formulation and implementation of policies for the installation and management of fish ladders. |
| (3) | In principle, a fact-finding survey shall be conducted by on-site investigation, and may be conducted in parallel with indirect investigations through statistical data, literature, etc. |
| (4) | Where a fact-finding survey is conducted, an investigation plan shall be formulated including the standard of the scope subject to investigation, the date, and time, and method of investigation, etc. |
[This Article Newly Inserted on Nov. 12, 2012]
| Article 15-4 (Method and Procedure of Orders to Take Measures) |
| (1) | Where the Minister of Oceans and Fisheries and the head of a local government orders a person who has installed fish ladders pursuant to Article 19-7 (1) of the Act, to perform corrective or other necessary measures, he or she shall notify the person of the ground therefor, the method and period of implementation, etc., in writing. <Amended on Mar. 23, 2013> |
| (2) | Where a person who has installed fish ladders on receipt of an order issued pursuant to paragraph (1) fails to implement the order within the period of implementation due to natural disasters or other unavoidable grounds, he or she may file an application with the Minister of Oceans and Fisheries and the head of a local government, no later than seven days before the end of the period of implementation, for an extension of the period of implementation. <Amended on Mar. 23, 2013> |
| (3) | Where a person who has installed fish ladders on receipt of an order issued pursuant to paragraph (1) implements the order within the period of implementation, he or she shall submit to the Minister of Oceans and Fisheries and the head of a local government, a written report on performance of the implemented order. <Amended on Mar. 23, 2013> |
| (4) | Where a period for implementation of an order provided for in paragraph (1) ends, the Minister of Oceans and Fisheries and the head of a local government shall verify as to whether the order is implemented. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 12, 2012]
| Article 16 (Requests for Compensation) |
| (1) | Any person who intends to obtain compensation pursuant to Article 21 (1) of the Act, shall submit a claim stating the following, along with documents to verify any loss, to the administrative authority that has issued a disposition related to such loss: <Amended on Dec. 30, 2015> |
| 1. | License, permit, or reporting number, and the name (in the case of a corporation or organization, the name of the corporation or organization and the name of the representative thereof), address, and date of birth of a person who has received an order for construction pursuant to Article 43 (2) of the Fishery Resources Management Act applied mutatis mutandis under Article 22 of the Act; |
| 2. | Details of the disposition and the date issued; |
| 4. | The amount and particulars of loss, and the method of calculation thereof. |
| (2) | The administrative authority shall, on receipt of a claim submitted pursuant to paragraph (1), investigate and examine the contents thereof, and shall send a written opinion concerning the details thereof to the relevant applicant for compensation and a beneficiary provided for in Article 81 (2) of the Fisheries Act (only where a beneficiary exists; hereinafter the same shall apply). |
[This Article Wholly Amended on Jun. 8, 2010]
| Article 17 (Prohibition of Poaching and Harvesting) |
The prohibited period, areas, and body lengths of inland fishery resources prohibited from poaching and harvesting prescribed in Article 21-2 of the Act, shall be as listed in attached Table 1. [This Article Newly Inserted on Jun. 8, 2010]
| Article 17-2 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of the prohibition of poaching and harvesting under Article 17 and attached Table 1 every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. [This Article Wholly Amended on Mar. 3, 2020]
| Article 18 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Nov. 12, 2012]
ADDENDUM <Presidential Decree No. 16930, Jul. 29, 2000>
| (1) | (Enforcement Date) This Decree shall enter into force on July 29, 2000. |
| (2) | (Transitional Measures concerning Already Received Applications for Licenses, etc.) Applications made for a license, permission, approval, etc. of fisheries, and reporting on fisheries made in accordance with the former provisions as at the time of this Decree enters into force, shall be deemed applications and reporting, respectively, made pursuant to this Decree. |
| (3) | (Transitional Measures concerning Amendment of Names of Fisheries) Fisheries with weirs shall be deemed fish-weir fisheries prescribed in the amended provisions of Article 11 (1) 2, as at the time this Decree enters into force. |
| (4) | (Relations with other Acts and Subordinate Statutes) Where the former Enforcement Decree of the Inland Water Fisheries Development Promotion Act or any provision thereof, is cited in other Statutes as at the time this Decree enters into force, if such provisions exist in this Decree, this Decree or the relevant provisions thereof are deemed cited in lieu of the former provisions. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19078, Sep. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on October 1, 2005. |
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.