1. Reasons for Proposal
With the fact that the provisions related to aquaculture in the Fisheries Act were divided into the Aquaculture Industry Development Act (enforced in August 2020), the entire revision of the Fisheries Act was promoted (promulgated on January 11, 2022).
Accordingly, this amendment aims to improve and supplement some shortcomings that have emerged in the operation of the current system, such as defining specific implementation methods and procedures, such as targets for fishing gear deposits and refund of the deposits to implement the fishing gear deposit system, improving the marking method of fishing (prohibited) zones from the existing land (geographical name) points to longitude and latitude coordinates for the convenience of fishermen and a better understanding of fishery-related statutes, and protecting the rights and interests of Korean fishermen by providing a basis for issuing certificates in conformity with regulatory improvement to ensure safety during fishing and the enforcement of U.S. import regulations.
2. Major Provisions
A. Modify the name of dredge vessels for fish farms (Article 14 and Attached Table 1)
Following the division of the Aquaculture Industry Development Act, reorganize the provisions of the Enforcement Decree of the Fisheries Act to modify the “dredge vessels for fish farms” used before the division to “dredge vessels for the fishing ground of a community.”
B. Separately define the tools that may be used in the reported fishery business, the fishing period, and the fishing area (Article 26)
Define the details of the tools that may be used for the reported fishery business in the Notice, and specify that local governments, which have the right to manage waters, can autonomously decide the fishing time and zones.
C. Establish grounds for issuance of export license certificates to the U.S. (Article 32)
Support the smooth export of Korean fishery products by prescribing administrative procedures and details on restrictions/prohibitions in each subparagraph of paragraph 1 so that they can be notified, in response to import restrictions following the revision and enforcement of the U.S. Marine Mammals Prevention Act (MMPA).
D. Improve the legal system (Article 38)
Correct typos in ground provisions between upper and lower statutes.
E. Introduction of a fishing gear deposit system (Articles 49-2 through 49-5).
1) It is necessary to designate the scope of fishing gear deposits by limiting it to coastal traps and offshore coastal traps/fishing gear with high rates of disposal and loss (Article 49-2).
2) In the case where a person who purchased fishing gear is unable to return the fishing gear due to natural disasters, accidents, etc., apply an exception so that he/she may apply for a refund to the Fishing Gear Deposit Management Center (Article 49-3).
3) Specifically prescribe the installation and operation of the Fishing Gear Deposit Management Center (Article 49-4).
4) Define matters regarding the target, procedure, and method of financial/technical support for the Fishing Gear Deposit Management Center, and specify matters for the management and supervision (Article 49-5).
F. Clarify the grounds for supporting the fishery by-products processing business (Article 58)
It has been interpreted that the category of processing of fishery products, subparagraph 4, includes processing of fishery by-products, but the enactment and enforcement of the Fishery By-products Recycling Promotion Act may cause confusion in the interpretation of the statutes; thus, clarify the grounds for supporting the fishery by-products processing business.
G. Newly insert a provision on entrustment of duties (Article 74-2)
It is necessary to provide grounds for the entrustment of duties for the detailed implementation of the fishing gear deposit system and specify the details of the business of the Fishing Gear Deposit Management Center and report on the duty processing results in accordance with Article 101 (2) of the Act; so, newly insert a provision on entrustment of duties.
H. Improve the standards for imposing administrative penalties (Attached Table 12)
Aim to set the criteria for the imposition of administrative fines as stipulated in Article 112 (2) of the Act by classifying them based on the number of violations.
I. Improve marking method of fishing zones (Article 5 and Attached Table 7)
Since some fishing (prohibited) zones are marked with land (geographical names) points, there is a limit to accurately confirming the zone boundaries for fishermen due to chronological and geographical changes; so, improve the marking method of fishing (prohibited) zones from the existing land (geographical names) points to longitude and latitude coordinates.
