• The Journal of Fisheries Business Administration
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• v.54 no.4
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• pp.1-18
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• 2023

This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

• Journal of Fisheries and Marine Sciences Education
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• v.24 no.2
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• pp.311-323
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• 2012

For establishment of post-Unification fisheries program, this research has opened a fisheries Act system for South and North Korea and searched a policy direction to make new Fisheries Act for future South and North Korean fisheries program. In addition, North Korea's present fishery industry must be accurately understood and acknowledge in its point of issues in order to develop and improve to rational direction and to overcome the present South and North's fishery industry. As a level to prepare for future unification, reform and reaction of long-termed and well organized South and North's fisheries program must be arranged. Consequently, fishing permits of South and North, licensing system, fisheries resource management system, fisheries adjustment system, foreign fishing regulations system will be compared in this research, and also find an improvement on North Korea's fisheries related act in preparation of future unification.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.1
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• pp.108-125
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• 2014

Although South Korea had managed fishery resources based on elements included in the fishery like fisheries licence, after agreeing on UN Convention on the law in 1999, it became inevitable to adopt TAC that regulates yield. Therefore, currently operating an indecisive system by maintaining the fisheries license system while applying TAC only to some fisheries. However, it became imperative to find ways to improve the current system as it dose not solve problems such as decrease of fishery resources and catch per unit effort, excessive input of fishing boats, rising costs for fishery management, and shortage of fishery population. For those reasons, it is time to review ITQs, which is recognized globally as the most innovative fisheries management system. To adopt the ITQs, it seems necessary to compare how the fisheries act of New Zealand which is currently most successfully operated and Fisheries Resources Management Act of Korea. To do so, in this study, the provisions on TAC of the two countries are compared to analyze the institutional necessity for Korea to adopt ITQs. The following conclusions have been made : First, it will be necessary to gradually expand the species and fisheries for which TAC is enforced, and accumulate correct data on fisheries resources. Second, while forcing traders to obtain license as well, the species and quantity of traded fisheries must be reported separately for cross-checking with the catch reported by the fisheries. Third, the number of observers must be increased and report the species and quantity of the catch to person in charge at the relevant port, and observers must check the report before disembarkation. Fourth, penalty for violating Fisheries resources management act must be enhanced, especially regarding false report of fishery activities and catch.

• The Journal of Fisheries Business Administration
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• v.45 no.1
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• pp.79-93
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• 2014

The Act on Distribution and Price Stabilization of Agricultural and Fisheries Product, which specifies rules and regulations on the trading system of fishery products wholesales markets, has been revised several times, mainly in order to improve the trading system. However, there is still a huge gap between the reality and law when it comes to the trading system of the fishery products wholesale market. This study aims to analyze the problems of the trading system of the fishery products wholesale market and to suggest ways to make improvement. The main problem facing the trading system of the fishery products wholesale market is sales on consignment by intermediate wholesalers, and this paper suggests two alternatives to solve the problem. First, intermediate wholesaler can be converted to market wholesalers, but it also entails other problems. The market wholesaler system has never been successfully adopted in the agricultural and fishery products wholesale market, and it is not clear which system is better between the wholesale market corporation and the market wholesaler system. Second, sales on consignment by intermediate wholesalers can be adopted with a positive view toward it. Negotiation transaction can be carried out for sales on consignment as a transaction method under the current Act on Distribution and Price Stabilization of Agricultural and Fisheries Products. However, since the act cannot provide a solution for listing, it is necessary to introduce Japan's negotiated transaction in advance system as a negotiation transaction method.

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.2
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• pp.98-109
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• 1993

By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

• Journal of Fisheries and Marine Sciences Education
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• v.22 no.2
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• pp.245-258
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• 2010

South and North Korean fisheries cooperation has not been attained since 1950's political situation, and the major fishery resources of Korean peninsula also has not been cooperatively managed by South and North Korea. Furthermore, the species inhabiting the Korean peninsula region with commercial value are usually maintaining the single ecosystem which requires for cooperative management of fishery resources for continuous fishery. Therefore, in order for South and Korean fishery industry to develop the political situation to a rational direction, present condition of North's fishery industry must be accurately understood and acknowledge in its point of issues, also as level to prepare for future unification, reform and reaction of long-termed and well organized South and North's fisheries program must be arranged.

• Journal of Fisheries and Marine Sciences Education
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• v.27 no.5
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• pp.1265-1272
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• 2015

This study aims at comparison and analyzing of marine officer license system for fishing vessels between South Korea and New Zealand. It is urgently required to establish Republic of Korea-New Zealand mutual certification system for marine officers who are on board ships within applicable area given that New Zealand will force foreign fishing vessels within New Zealand area to reflag from 2016 in accordance with the amendment of Fisheries Act. Secondly, to compare and analyze systems between two countries will contribute to the preparatory work related to ratification STCW-F convention as New Zealand already have completed law amendment to adapt the convention. Maritime law of New Zealand, Seafarers Act and Ship Personnel Act of Republic of Korea were compared and analyzed as references. The result showed that an improvement to corresponding level to the international convention and development of safety training by vessel type, and job descriptions according to the license class are needed to Republic of Korea system. Furthermore, it is suggested to prepare specialized training for deckhands as required in STCW-F convention and standard fishing vessel officer training record for designated institute of education. Therefore institutional complementarity and framework is required as it is expected that the nations of fishing in piscary demand to reflag Korean deep-sea fishing vessels or to ratify the STCW-F convention.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.162-183
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• 1998

The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.913-924
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• 2016

Re-consultation on Marine Environment Impact Assessment (MEIA) says that business operators are then licensed back from the disposition authorities undergoing a consultation process to change business plans. Marine Environment Management Act has provisions(Article 94) with respect to a case where the scale of business, the period of business, reflects the basic plan, including a plan to change a variety of reasons. But increasingly diverse types of businesses and projects which are the subject of MEIA, As it appears that the vulnerability issues and the problem of the re-consultation. In this study conducted an analysis of the literature review and comment on the re-consultation report four years. In addition, it presents a check to the problem through concrete examples related to the re-consultation and proposes improvement measures.

• Journal of Fisheries and Marine Sciences Education
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• v.11 no.1
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• pp.1-23
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• 1999

The fisheries control system being now enforced in all countries may be generally classified as three types - the input control system, the output control system, and the technical control system. In Asian countries that have relatively small fishery scales, diverse object species and the fisheries resources has been regarded as "governmental possessions", fisheries have been controled subsidiarily using the technical control system based on the input control system traditionally. While in Europe and America that have relatively large fisheries scales, simple object species and the fisheries resources has been regarded as "common property", fisheries have been controled subsidiarily using the input control system and the technical control system based on the output control system. In Korea, fisheries have been controled subsidiarily using the technical control system based on the input control system traditionally, nevertheless overexplotation and overcapitalization have not been solved. Recently the EEZ was promulgated, the total allowable catch system was introduced to control the EEZ. But the output control system is totally different from the input control system of the Korea traditional fisheries system, simultaneous availableness of both system is considerably difficulty. Therefore a study on new systems to make both systems harmonized has to be performed. The thesis is aimed at presenting the general improvement direction of the Korea fisheries control system as the basis for establishment of the new fisheries control system.