(1) Reasons for Proposal

This proposal aims to establish equatic life disease control measures that reflect local considerations and prescribe a new provision under which import will be suspended in cases of the outbreak of new aquatic life contagious disease overseas, thereby complementing some loopholes in current law.

(2) Major Provisions

A. Newly insert a provision enabling discussions among local governments when establishing aquatic life disease control measures (Article 3)
Require the heads of si/do, etc., to be consulted prior to the establishment of aquatic life disease control measures, enabling more effective disease control

B. Newly insert a provision for the establishment/operation of an Integrated Aquatic Life Disease Control Network (Article 3-2)

Establish a legal basis for an “Aquatic Life Disease Control Network,” which will be established/operated to effectively manage the disease control status for aquatic life

C. Newly insert a provision for information disclosure for aquatic life disease status (Article 3-3)

Establish a legal basis for disease outbreak information disclosure to enable early response and effective disease control activities in case of aquatic life disease outbreaks

D. Complement provisions for commissioning Aquatic Organism Disease Control Officers, and establish basis for preventive observations on behalf of Agency for Control of Aquatic Organism Diseases (Article 7; Article 22)

Clarify the basis for commissioning Aquatic Organism Disease Control Officers and aquatic organism quarantine officers by establishing a legal basis for the academic/training standards of such officers in relation to disease; and to establish a legal basis for carrying out preventive observation tasks on behalf of the national and local governments (agency for control of aquatic organism diseases) to enable more effective preventive observations and disease control

E. Amend the current system in regard to Reporting on Isolation of Pathogens and Preservation and Management of Pathogens (Article 12)
Enable the head of Agency for Control of Aquatic Organism Diseases to collect/preserve/manage the pathogen of the disease for the diagnosis/prevention/treatment, etc., of the disease; to require that the head of a disease identification institution report such fact to the Minister of Oceans and Fisheries, in cases where the head of a disease identification institution had isolated pathogens to closely manage the pathogen; and to enable the head of the Agency for Control of Aquatic Organism Diseases to designate necessary matters for the preservation/transfer/management, etc., of the pathogen

F. Establish a basis for executing measures to refrain from farming and Education on Disease Control (Article 15, paragraph 3)

Clarify the legal basis for executing Education on Disease Control within 6 months after a measure to refrain from farming was ordered against an aquaculture business entity

G. Establish a basis for inspection of Aquatic Organisms for Stocking by disease identification institution under local government jurisdiction (Article 20)
Provide basis for requiring that where a person who intends to stock waters with seeds or fries for the restoration of aquatic resources shall undergo an inspection from the disease identification institution under local government jurisdiction as well, and to provide a basis for enabling the si/gun/gu to order disinfection, isolation, or culling

H. Establish a basis for lifting a prohibition of import (Article 24-3, Article 37)
Provide a basis under which a prohibition of import may be lifted through Import Risk Analysis in cases where such lifting was requested from notified prohibited areas

I. Newly establish cancellation provision for designation of a quarantine place (Article 32; Article 51)
Provide a basis for cancelling the designation of a quarantine place in cases where the designation was approved by fraud or other wrongful means or an order to take corrective measures has not been complied with

J. Amend the reporting process regarding establishment of Aquatic Organism Disease Inspection Center (Article 37-12)
Improve the process for establishment of an Aquatic Organism Disease Inspection Center so that when a person reports the establishment of an Aquatic Organism Disease Inspection Center to the relevant authority, the authority shall notify the applicant of the result of the report within five days of the report; and if such result was not notified or the authority did not notify the applicant of an extension of the processing period, the report will be deemed to have been accepted on the day following the expiration of the five days

K. Specify scope of medicines usage and penalty provisions (Article 40, Article 53)
Clarify the process of medicines usage to prevent wrongful/excessive usage of the approved medicines and to specify a legal basis upon which unapproved medicines and harmful chemicals will be prohibited, clarifying penalty provisions for users as well

L. Newly establish a provision for suspension of imports in cases of a new outbreak of aquatic life disease overseas (Article 45)
Establish a legal basis for executing a temporary suspension of import, etc., in cases where a new disease breaks out overseas to prevent the introduction of such disease into the country

M. Expand Legal Fiction as Public Officials in Application of Penalty Provisions (Article 52-2)

Include those cases where tasks related to evaluating/managing ratings of the control of diseases have been delegated to an aquatic organism disease inspector or veterinarian to the Legal Fiction as Public Officials