• Title/Summary/Keyword: Fishing Management and Promotion Act

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Redefinition of the Concept of Fishing Vessel and Legislation Adjustment (낚시어선 개념의 재정립과 법제 정비에 관한 연구)

  • Yeong-Tae Son
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.6
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    • pp.639-652
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    • 2023
  • The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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A Study on the Application Criteria of Domestic Regulations for Floating Marine Structures (부유식해상구조물의 분류 및 국내법 적용 기준에 관한 고찰)

  • Pyun, Jang-Hoon;Ryu, Sung-Gon;Kim, In-Seob
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.6
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    • pp.928-936
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    • 2022
  • According to the current status of marine accidents in Korea, the number of accidents is steadily increasing by an approximate average of 8.5% per year, and marine accidents are steadily increasing for ships and structures such as floating barges, tugboats, ferries and floating platforms except for fishing ships. In this study, domestic floating structures were classified according to the type of floating structure, and the regulation system and the scope of the application of floating marine structures were schematically illustrated according to related domestic laws such as the Ship Safety Act, Ship Act and Fishing Management and Promotion Act. In addition, considering the state of the marine environment, it was intended to discover structurally delicate parts and risk factors early in blinded safety spots in applying domestic regulations, and to derive effective improvement measures for the discovered risk factors.

Analysis of Dynamics Mechanism to Regulation and Punishment of Fishing Boats using System Dynamics (시스템다이내믹스를 이용한 낚시어선의 단속과 처벌에 따른 동태적 매커니즘 분석)

  • Moon, JungHwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.270-279
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    • 2022
  • In this paper, system dynamics considering dynamics and time was examined to study the changes in system structure according to reinforcement (policy intervention) of regulation and punishment for fishing boats, and the strategizing directions were analyzed. Until now, regulations and punishments on fishing boats have been conducted temporarily and short-term as a precautionary measure to prevent accidents and imposed penalties. However, due to various anomalous side effects, the expected results were not achieved, negligent accidents occurred constantly, and follow-up measures were repeated. Resultantly, the regulation and punishment of fishing boats is a reinforced safety standard, and there is a necessity to improve facilities, equipment, and industry, and develop technology (including time delay) to prevent accidents. However, as the negative (illegal) activities continue without immediate and significant resistance, the safety blind spot for accident prevention cannot be minimized. Thus, policy intervention based on linear thinking without sufficiently considering variables of the dynamic mechanism and time can distort the basic values pursued by the policy. For the regulation and punishment of fishing boats, a strategy to supplement the mechanism should be prepared prior to the preparation of reinforced safety standards. Improvement and development of related technologies, mandatory training hours for anglers, fishing industry, and related organizations, proposal of specific action plan for Fishing Management and Promotion Act for growing fishing-related industries.