This Fisheries Act of the Republic of Korea establishes the legal framework governing fisheries activities, resource use, and management of fishing grounds. The purpose of the Act is to establish a fundamental system for fisheries to promote the development of fisheries and the democratization of fishery business by comprehensively utilizing fishery resources and waters and consequently enhancing the productivity of fisheries. This Act consists of 11 Chapters divided into 112 articles: General provisions (I); Licensed fishery business (II); Permit- required fishery business and reported fishery business (III); Fishery transport services (IV); Coordination of fishery business (IV); Management of fishing gear (VI); Promotion of fisheries (VII); Compensation, subsidy and ruling (VIII); Fisheries mediation committee (IX); Supplementary provisions (X); Penal provisions (XI). The Act shall apply to the sea, seashores and waters on land artificially created for the purpose of engaging in fishery business. The Act defines key terms such as fisheries, fishery rights, fishing grounds, and different types of fishery-related activities. It regulates the planning and development of fishing grounds, the licensing system for fishery businesses, and the legal nature of fishery rights. The Act assigns responsibilities to administrative authorities at different levels (Minister, provincial governors, and local governments) for approving development plans, granting licenses, and supervising activities. It classifies and regulates different types of fishery activities through a structured system of licenses, permits, and reports. Licensed fisheries, such as set-net and communal fishing, are typically managed by local authorities to benefit residents and cooperatives. Permitted fisheries cover inshore and coastal operations using powered vessels, while smaller-scale activities require formal reporting.A person who intends to engage in any of the following fishery business shall obtain a license therefor from the head of a Si/Gun/Gu: 1. Set-net fishery business: The business of catching aquatic animals in a demarcated zone of waters with a fishing gear prescribed by Presidential Decree installed in a certain place; 2. Communal fishery business: The business conducted by a fisher residing in a certain area to manage, cultivate, catch, and harvest shellfish, seaweed, or sedentary aquatic animals in a demarcated zone of waters, contiguous to the shore, whose depth is within a certain range. A person who intends to engage in any fishery business that uses a power-driven fishing vessel with a gross tonnage of at least 10 tons or a power-driven fishing vessel with a gross tonnage of less than 10 tons prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fishery business shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries. The Act also addresses the acquisition, transfer, registration, and protection of fishery rights, which are treated as real rights subject to registration. A fishery right acquired by a fishing village fraternity which is not a juristic person shall be collectively owned by such fishing village fraternity. The Act further establishes mechanisms for coordination, conservation, and enforcement, empowering authorities to impose restrictions or suspend operations for resource protection, public interest, or compliance with international obligations. It provides for dispute resolution through Fisheries Mediation Committees and includes provisions on leisure fishing, bycatch control, fishing gear, temporary permits, fishery transport and processing activities, as well as offences and penalties.
République de Corée · 2022-01-11