• Title/Summary/Keyword: Fishing agreement

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Case Study on Fisheries Governance of IUU Agreement between Korea and Russia (한러 IUU 협정에 따른 수산거버넌스의 사례연구)

  • Lee, Kwang-Nam
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.596-606
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    • 2011
  • This article analyzed the process of concluding the Korea-Russia IUU Fishing Prevention Agreement as a model case for distant water fisheries governance. The research studied co-operations for fisheries between Korea and Russia, the current status of live crabs landed in Korea through IUU fishing and Russia's political position on the IUU issue. Also this article reviewed a series of processes executed to achieve the bilateral agreement to prevent IUU fishing, including researches, intergovernmental negotiations, institutional improvements, public hearings and presentations. There were many things closely linked together such as international FAO-IUU prevention efforts, Russia's IUU fishing issue, Korean importers of Russian live crabs, their local governments and Korean snow-crab gill-net fishermen. These issues were resolved through reasonable reconciliations. This article wants to contribute to be used as a reference for other similar IUU fisheries cases.

Research on the Implementation of the Bilateral Fisheries Order in the East China Sea after Establishing the China-Japan Fisheries Agreement (중·일 어업협정에 따른 양국 어업질서의 이행 실태 진단)

  • KIM, Dae-Young
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.4
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    • pp.1053-1062
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    • 2015
  • This research assesses the implementation of the bilateral fisheries order of the China-Japan fisheries agreement. After establishment of UNCLOS, the China-Japanese fisheries agreement has played as a basis for the fisheries order in the East China Sea. The China-Japanese fisheries agreement intends that the fisheries industries in China and Japan can utilize the renewable natural resources in the East China Sea. As the EEZ of China overlaps with that of Japanese in the East China Sea, the two countries established the China-Japan Provisional Measure Zone and Middle Zone in the Sea. Even though the three coastal States (e.g. Korea, China, and Japan) in the East China Sea are involved in managing these zones, there has been little effort to coordinate each county's management. Additionally, the Taiwan-Japan fisheries agreement, which is for the area of N $27^{\circ}$, has made costal States to establish and implement united measures to conduct effective fisheries management. Regarding access to the joint fishing zone in EEZ, Chinese fisheries regulations have been enforced in the zone because the fishing capacity of China exceeds all of other countries, reducing the number of fishing licenses and catch quotas. It turned out that a nation that has authority over fisheries resources tends to establish specific conditions of fishing operations to maximize its national interest. In the China-Japan Provisional Measure Zone, Chinese and Japanese authorities have introduced united measures to manage fisheries resources. However, in the Middle Zone between China and Japan, there is no regulation on fishing; both countries' fishing vessels can have free access to the zone. Thus, it is recommended that one should introduce an international fisheries management regime for the Middle Zone. In this regard, Korea should play a leading role in establishing the international management regime because Korea has middle position in terms of geographical standpoint, the degree of dependence on commercial fishing, and its fishing capacity.

Development on Evaluation Technique of Stability for Safety Elevation in Fishing(Stow-Neting)Vessel (어선(안강망) 안정성능 향상을 위한 복원성 평가기법 개발)

  • 박제웅;이희준;김주남
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.4 no.2
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    • pp.53-62
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    • 1998
  • International Maritime Organizatin(IMO) has been chosen some of agreements for regulating the international stability criteria of fishing vessels and recommended that each goverment adopts theirs into the domestic law. As a result, 77/93 Fishing Safety Agreement was ratified. Among the above agreement, contents of stability was not only applied to domestic law, but also strenghten considerably compared with existing stability criteria. And even if the calculation guide of stability with recommendations was regualted, Analysis of stability on domestic fishing vessels never have been used according to such a caculation method. Moreover, the caculation of stability criteria caused by strong wind, rolling effect and deck inflow was not considered in the existing basic design program. Therefore, the development of stability criteria program available for such a caculation has been of vital impotance. This research has developed a stability criteria program under 77/93 Fishing Safety Agreement. Also through development of stability criteria program, the stability performance of fishing vessel with 69ton stow-nesting was evaluated.

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A Study on the transition of Korean-China Fisheries Agreement and improvement of fisheries-relation issues between two countries (한중 어업질서의 진단 및 양국 어업관계의 개선 방향)

  • Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.45 no.3
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    • pp.19-37
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    • 2014
  • This study is to focus on the status of implementation of bilateral-fishery order based on the Korea-China fisheries agreement and aims to improve fisheries relationship between two countries. Korea-China Fisheries Agreement entered into force in 2001, and serves as a basic framework of the bilateral fisheries order. However, the fishing order between Korea and China has the following limitations. First, it is standstill of joint response for a practical resource management. Second, there are still gaps between the quotas of mutual accord fishing and fishing operation work performance. Third, China's illegal fishing is taking place consistently. Fourth, the effective cooperation between two countries in fisheries is not carried out. Finally, the Korea has faced difficult situations to adhere to a balanced position in the fishery negotiations due to conflicting positions on China and Japan. In order to solve these problems, the fishing order between Korea and China will be able to maintain the competitiveness of Korean fishery sector by reinforcing Korea's fishing sovereignty, Korea and China, based on trust and cooperation, will make efforts to improve bilateral fisheries relations to maximize mutual benefit in fishery sector. Specifically, first, the two countries should strengthen the resources management based on the scientific research and the improvement of imbalance of the mutual agreed fishing in EEZ. Second, Korea has to achieve our targeted performance of fishing operation and establish a joint resources management system between two countries in the provisional measure zone. Third, Korea should implement to collect fisheries information about China fishing vessels which are operating in the EEZ of Korea. Finally, Korea and China should be building up effective governance framework for the establishment of fishing order.

A Study on the Jurisdictional Problems for Fishing Vessels Engaging High Sea Fishery and the Responsibility of Flag States (공해조업선(公海操業船)에 대한 관할권문제(管轄權問題)와 기국(旗國)의 책임(責任))

  • Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.5 no.2
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    • pp.138-146
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    • 1993
  • In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

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A Study on the Effect of Ratification of the Cape Town Agreement on Korean Deep-Sea Fishing Vessels (우리나라 원양어선의 케이프 타운 협정 비준 영향에 관한 연구)

  • RYU, Kyung-Jin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.5
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    • pp.773-779
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    • 2022
  • Deep-sea fisheries in Korea play an essential role in supplying popular seafood and providing food security. Countries, as well as the IMO (International Maritime Organization), have attempted to establish an internationally harmonized safety standard for fishing vessels. However, starting with the adoption of 'The Torremolinos International Convention for the Safety of Fishing Vessel 1977', the '2012 Cape Town Agreement' was adopted, but the requirements for enforcement were not met. However, with the 2019 Torremolinos Declaration, the effect of the agreement became visible. Korea is also about to ratify the agreement, and deep-sea fishing vessels are subject to the agreement. The length of the hull or the gross tonnage can be selected as the criteria for applying the 2012 Cape Town Agreement, and this is also partially applied to the existing vessels. Analyzing 188 deep-sea fishing vessels registered as members of the Korea Overseas Fisheries Association to confirm the effect on the existing vessels showed that the application of gross tonnage had little impact on the ratification of the agreement. In addition, laws must be revised for the compulsorization of GMDSS facilities such as two-way VHF and radar transponders and for the safety familiarization of fishermen. In the industry, the facilities required by the agreement must be provided, and the fishermen must be familiarized with safety.

The Strengthening of Regional Fisheries Organizations Management Right and Korea's Strategic Responses (지역수산기구의 어업관리권 강화와 우리나라 대응방향)

  • Kim, Do-Hoon
    • Journal of Fisheries and Marine Sciences Education
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    • v.16 no.2
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    • pp.238-256
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    • 2004
  • As the UN Fish Stocks Agreement has come into effect since 2001, the actual enforceable management on fish stocks in high seas has started. The Regioanl Fisheries Organizations (RFOs) have emerged as management bodies with a real responsible right to manage fish stocks. RFOs establish a strong and strict management rules providing a fishing right only to member countries and preventing all fishing activities from fishing vessels of non-member countries. In addition, RFOs have an own allocation way of fishing opportunity in their waters so that they can prevent the depletion of fish stocks. It is investigated that deep-sea fisheries have a negative impact from strengthening of RFOs' management right. As the amount of catch is reduced by the control of fishing vessel's activities, the level of fishing revenue becomes low. Moreover, as fishing costs such as oil, fishing fees, labor cost increase significantly, the condition of fishing business is getting worse as a result. In order to gain a fishing right for deep-sea fishing vessels in RFOs waters, there is no other alternative way but become a member of RFOs which are relevant to our fisheries but not joined.

A study on the transformation of the fisheries relations in accordance with the changes in Japan and Russia Fisheries Agreement (일본과 러시아 간 어업질서의 재편에 따른 양국 어업관계의 변모)

  • Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.46 no.2
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    • pp.93-110
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    • 2015
  • This research examined the transformations of the fisheries relations between Japan and Russia since the establishment of the Exclusive Economic Zone (EEZ) system. The author reviewed the transformations with investigation on mutual fishing access to EEZ including salmon & trout catches. The Japan-Russia fisheries relations have evolved through multiple developmental stages, which include mutual fishing access to EEZ, the reductions of a fishing quota to balance catches of the nations, provision of financial and technical support, and a payment system of EEZ fishing access fee. The Japanese salmon industry also has done similar practices, continuing to catch salmon and trout in the Russian EEZ. Additionally, Japan and Russia have attempted to develop joint fisheries projects and to assure fishing operation safety around Kuril Islands. The case of Japan-Russia mutual fishing access shows that a country that has authority over crucial fisheries resources tends to establish specific conditions of mutual fishing access so that it maximizes its national interest. Thus, this case gives us implication what could be future directions of Korea-China-Japan multinational fishing access. The principle of same number of fishing vessels and quantities of catches has worked in existing mutual fishing access to EEZ among Korea, China, and Japan. However, it is expected that a nation that is endowed with abundant fisheries resources would limit counterpart's fishing access to its EEZ. Therefore, Korean fisheries administration should prepare for all possible situations like a dramatic cut in fishing quota and the termination of fishing access. International fisheries cooperation and payment of fishing access could be viable options for such a situation.

A Study on the Transition Situation of Korean-Japan Fisheries Agreement and Improvement Issue of Bilateral Fisheries Relations (한일 어업질서의 이행 실태와 어업관계의 개선 과제)

  • Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.47 no.1
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    • pp.31-45
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    • 2016
  • This study aims to evaluate the status of implementation of bilateral-fishery order since the Korea-Japan Fisheries Agreement came into effect in 1999 in order to improve fisheries relationships between two countries. The agreement regulates bilateral-fishery order by the principle of the EEZ regime and mutual benefits among countries. (e.g. the mutual agreed fishing in EEZ and cooperation for resource management). However, the Korea-Japan Fisheries Agreement has some limitations such as reducing quotas of the mutual agreed fishing in EEZ, strengthening Japanese fisheries regulation, insufficient cooperation for fisheries management and joint countermeasures. In order to improve fisheries relationships between the two countries, it is imperative to rebalance quotas for the mutual agreed fishing in EEZ, to establish effective resource management systems in the Intermediate zone, to invigorate fisheries cooperation in the private sector, and to introduce new management systems by species over the all waters around East Asia. To accomplish such measures, it is necessary for Korean and Japanese governments to improve fisheries relationships based on trust and cooperation, achieving a win-win situation. Additionally, it is required to incorporate fisheries management among Korea, China, and Japan.

Evaluation and Future Tasks of the Korea-China Fisheries Agreement (한.중어업협정의 평가 및 향후과제)

  • 박재영;최종화
    • The Journal of Fisheries Business Administration
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    • v.31 no.2
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    • pp.67-91
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    • 2000
  • Fisheries Agreements among Korea, China, and Japan, for the effective management of fisheries resources and protection of fisheries disputes, have been processed in a manner to conclude interim arrangements those are effective prior to the final demarcation of the maritime delimitation which often requires much time to settle among the relevant states, Based on this understanding, Korea, China, and Japan, had proceeded their mutual fisheries agreement ; and, two fisheries agreements, between Korea-Japan and China-Japan, have already entered into force on 22 January 1999 and on 1 June 2000, respectively. Lastly fisheries negotiation between Korea and China has been concluded in order to make it effective on 30 June 2001. As Korean fisheries have already experienced the impacts after the entry into force of Korea-Japan Fisheries Agreement, it is inevitable that the likewise will also be true for the Korea-china Fisheries Agreement. The results of fisheries negotiation should minimize the loss by ensuring Korean flagged vessels' fishing rights to the maximum level in the counterpart's waters, and to maximize our counterpart's loss by restricting its vessels' fishing rights to the minimum level in our waters. However, such goals are almost unreachable in an intergovernmental negotiation. On this ground, regardless of the results, the negotiation is highly criticized from all the interested realms of the society. First, this study reviews the negotiation process ana subject matters of the fisheries agreement, and then evaluates the disputed items issued by academic, political, and industry areas in an international law and fisheries perspective. After the entry into farce of fisheries agreement, various activities should be accommodated as future tasks, such as the adjustments of the domestic fisheries structure, the reorganization of the resource management based fisheries structure, the construction of EEz large surveillance system, and the construction of the multilateral fisheries cooperation system Through an earlier implementation of those tasks, the Korean fisheries will be better prepared in minimizing the predicted impacts once the Korea-China Fisheries Agreement becomes effective.

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