• Title/Summary/Keyword: Fishing rules

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A Study on the Marine Accidents' Prevention of Korean Fishing Vessel which Foreign Seafarers are on board (외국인선원 승선 한국어선의 해양사고 예방에 관한 고찰)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.1
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    • pp.57-63
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    • 2015
  • Foreign seafarers have embarked on the fishing vessels as industrial trainees since 1990s and the total number of foreign seafarers on merchant ships and fishing vessels marked 21,327 as of the end of 2013. Especially, in case of deep-sea fishing vessels and coastal/inshore fishing vessels, although the number of fishing vessels decreased, the number of foreign seafarers nearly doubled during recent 5 years. Looking at the marine accidents occurred to fishing vessels, after multinational seafarers are joining on board fishing vessels, difficulties in communication among seafarers has become a major issue. And the safety rules which could be understandable by foreign seafarers are not provided and the education and training for foreign seafarers are not properly conducted either. Consequently, the risk of marine accidents during fishing operation on fishing vessels has increased and emergency response under the captain's control was not effective enough to cope with such emergency situation. Several forced labour issues were also reported resulting from abusive words and assault committed by Korean seafarers. Therefore, This study aims first to review the cases of marine accidents on board fishing vessels which foreign seafarers are working and, the problems concerning employment and education for those foreign seafarers, and then to point out the necessity of conducting training on the safety rules and regular emergency drills for the foreign seafarers in order to prevent marine accidents.

A Study on the Lights and Shapes for the Small Fishing Vessel and the Vessels Towing and Being Towed (소형어선 및 예인선단의 등화 및 형상물에 관한 고찰)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.4
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    • pp.421-427
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    • 2015
  • This study aims at reviewing first the cases of marine accidents of small fishing vessels and vessels towing and being towed and, the problems concerning such lights and shapes that could be misunderstood for those in concerned Rules, or that could impair their distinctive characteristics or obstruct to keep a proper look-out. And then I wish to make a suggestion of the necessity of amending the National Laws which stipulate the rules for the ship's lights and shapes as follows; Firstly, by amending the "Standard of Construction and Equipment for the Less Than 10 Gross Tonnage of Small Fishing Vessels" small fishing vessel must be equipped with the lights and shapes that are the same as those of "vessel engaged in fishing" prescribed by Rule 26 of the "COLREG 1972" and Rule 84 of the "Maritime Safety Law Act". Secondly, "Standard of Fishing Vessels Equipment" which stipulate the rules concerning the exception of the running lights and radar reflector for the small fishing vessels must be amended to meet the requirement of Rule 20 of the "Maritime Safety Act". Thirdly, the definition of "Length of the tow" which prescribed by Rule 2 of the "Maritime Safety Act" must be amended to meet the Rule 24 of the "COLREG 1972". And also I wish to adhere to the importance of displaying the adequate vessel lights and shapes by every mariner for preventing marine accidents.

A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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    • pp.172-180
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    • 2023
  • Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

Introduction of hook size as a tool for management measures of harvest control rules to improve grouper stock in Indonesia

  • Irfan Yulianto;Heidi Retnoningtyas;Dwi Putra Yuwandana;Intan Destianis Hartati;Siska Agustina;Mohamad Natsir;Mochammad Riyanto;Toni Ruchimat;Soraya Gigentika;Rian Prasetia;Budy Wiryawan
    • Fisheries and Aquatic Sciences
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    • v.26 no.10
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    • pp.617-627
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    • 2023
  • Harvest control rules have been recently developed for some fisheries in Indonesia, including grouper fisheries, and are expected to reverse the trend of declining stocks. One of the proposed options of the harvest control rules is to implement the catch size limit. The catch size limit approach, however, is challenging, unless it is supported also with strong fisheries surveillance, law enforcement, and innovation. The catch size limit approach can be done by implementing changes in fishing methods and gear, including the application of different hook sizes in the hook and line fishing gear. This study examines the impact of different hook sizes on the length at first capture (Lc) and on the bell-shaped maximum selectivity using various selectivity models of the two targeted grouper species (Plectropomus leopardus and Plectropomus maculatus) in the Saleh bay, West Nusa Tenggara, Indonesia. We found that increasing hook size influences the grouper's catch size, increasing the Lc and the bell-shaped maximum selectivity of both species. Based on our findings, hook size can be used as one of the practical tools for grouper management measures, as part of harvest control rules to improve grouper stock in Indonesia.

Light-weight Optimum Design of Laminate Structures of a GFRP Fishing Vessel (GFRP 낚시어선의 선체구조 적층판 분석과 경량화 설계)

  • Jang, Jae-Won;Han, Zhiqiang;Oh, Daekyun
    • Journal of Ocean Engineering and Technology
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    • v.33 no.6
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    • pp.495-503
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    • 2019
  • Approximately 90,000 ships are registered in South Korea, and about 80,000 of these ships are used in domestic shipping. Among these, 84% are small ships, such as a fishing vessels that weigh less than 20 tons and are made mostly of an FRP (Fiber Reinforced Plastics). When this fact is taken into account, the greenhouse gas emissions that are released per ton of a composite vessel are sizeable. In this study, the laminated structures of an FRP fishing vessel, many of which currently are being built in Korea, were analyzed by ISO (International Organization for Standardization) and international design rules, and the structures of the hulls are lightweight with optimum glass fiber mass content as determined by the laminate weight minimization algorithm. As a result, it was confirmed that the laminations of the vessels in accordance with the Korean rule could have 6.4% to approximately 11% more design margin compared to the requirements of ISO and other international rules. And the case study of the application of the laminate weight minimization algorithm showed the possibility of reducing the weight of the hull bottom plating by as much as about 19.32% and by as much as about 18.06% in the overall structure.

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.

The Role of IMO for the Eradication of IUU Fishing (국제해사기구의 IUU 어업 퇴치 기여 및 전망)

  • Kim, Jung-Eun
    • The Journal of Fisheries Business Administration
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    • v.46 no.3
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    • pp.15-29
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    • 2015
  • The illegal, unreported and unregulated fishing can be properly regulated only if fishing activities, transhipment and landing of illegally caught fish, and processing of fish at sea involved in it are integrally managed. To do this, flag States, port States, coastal States, market States and relevant regional fisheries management organizations shall closely cooperate. In addition, fishing boats involved in IUU fishing often ignore requirements of safety of navigation so that they could be exposed to more causes of incidents and could have less chances to be rescued. Then, it seems to be necessary for the regulation on IUU fishing to include a certain consideration of strengthening safety of those ships. International Maritime Organization(IMO) has developed and implemented international rules for the safety of shipping. IMO has cooperated with Food and Agricultural Organization on IUU fishing since 2000 and the third joint meeting is scheduled in November 2015. This paper reviews the recommendations adopted in the previous meetings, and the measures actually taken as a result of the cooperation and, in particular, focus on the additional roles of IMO for the eradication of the IUU fishing.

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 Excavation of Superior Fishing Village Community in the Management of the Use of Mudflat Fishing Grounds with using Ostrom (1990)'s Principles (Ostrom(1990)의 원칙을 이용한 갯벌어장의 이용·관리 우수 어촌계 발굴에 관한 연구)

  • Kang, Seok-Kyu
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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    • pp.1-21
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    • 2019
  • This study is to excavate superior fishing communities by applying the Ostrom (1990)'s principles of sustainable and successful use of common goods. Ostrom(1990)'s principles are (1) clearly defined boundaries (2) congruence between appropriation and provision rules and local conditions, (3) collective choice arrangements (4) monitoring (5) graduated sanctions (6) conflict-resolution mechanism (7) recognition of rights to organize by external government authorities (8) nested enterprises. The survey was carried out under the individual interview method of 15 fishing village members in 32 fishing communities with the government's fishery environment improvement and fishery creation projects. The total effective samples are 477. These data were analyzed. The analysis result shows that 24 fishing villages are selected among the 32 fishing communities in the samples, including Nanji, Sanghwang, Songseok, Sinshido, Jukyo, Jinsan, Changli, Pado, Beopsan, Rahyang, Palbong, Woongdo, Daehwang, Sapsi, Chido, Jinri, Daeri, Songgak, Joongwang, Ojii, Doripo, Doseong, Mongsan 1ri and Songnim as superior fishing villages. The results of this study have limitation that may vary depending on the rigor of the criteria in the process of deriving good fishing communities. Despite this limitation, this study has expanded existing research focused on validating the theoretical applicability of the framework through case analysis of specific fishing communities to objectively and quantitatively to many fishing communities. The results of this study are expected to contribute to the creation of conditions in which fishermen can continue to manage their fishing grounds and stand on their own feet by presenting the framework and principles for developing desirable fishing village models for the continued use of mudflat shells grounds as the common goods.

A Study on the Legal Status of Fishing Vessels (실정법상(實定法上) 어선(漁船)의 지위(地位)에 관한 고찰(考察))

  • Choe, Jong-Hwa;Kim, Jin-Kun;Lee, Byoung-Gee
    • Journal of Fisheries and Marine Sciences Education
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    • v.3 no.1
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    • pp.35-43
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    • 1991
  • The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

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