1. Reasons for Proposal
As the Fishing Ground Management Act was revised (promulgated on December 27, 2022 and to be enforced on December 28, 2023), such as the imposition of compulsory charges for the non-fulfillment of fishing ground clearing and the change of the subject of fishing ground environment evaluations, this amendment aims to determine matters delegated by the Act, such as the standard for imposition of compulsory charges and detailed procedures, and matters necessary for their implementation, as well as reduce the burden on fishermen by easing the duty to clear fishing grounds within three months of license issuance when the fishing ground clearing license is reissued.
2. Major Provisions
A. Improve the fishing ground clearing cycle (Article 12 (2) newly inserted)
For the case where a fisherman obtains the same license reissued after the expiration of the license validity period, revise the Enforcement Decree to clear fishing grounds every three to five years from the last clearing date.
B. Provide a corrective period upon compliance order (Article 12 (5) newly inserted)
Provide a corrective period within 60 days in the event of non-fulfillment of the fishing ground clearing duty, and allow a one-time extension of 30 days in exceptional cases, such as natural disasters.
C. Establish detailed standards for the imposition of compulsory charges (Article 12-2 newly inserted)
Establish detailed levy amounts that can secure the effectiveness of compulsory charges in consideration of clearing costs according to fishing ground clearing cycles (3-5 years) and the sizes of the fishing grounds.
D. Improve the delegation clause for fishing ground environment evaluations (Article 14)
Have the Minister of Oceans and Fisheries delegate authority related to fishing ground environment evaluations to the president of the National Fisheries Research and Development Institute.
E. Improve the administrative fine clause (Article 15)
Remove the provision related to the imposition of administrative fines for non-fulfillment of fishing ground clearing, and change the authority to impose administrative fines for the refusal or evasion of fishing ground environment evaluation from the head of Si/Gun/Gu to the Minister of Oceans and Fisheries according to the change of the fishing ground environment evaluation authority.
F. Clarify registration criteria for the business of purifying/improving fishing grounds (Attached Table 2)
For the case where a person leases a ship owned by another person or corporation and establishes the right to lease, revise the Enforcement Decree for him/her to register the business of purifying/improving fishing grounds.