• Title/Summary/Keyword: Illegal fishery

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A Study on Origin of Coastal-Offshore Illegal Fisheries and some Establishment Devices of Fishery Order in Korea (우리나라 연근해 불법어업의 유형별 발생원인과 어업질서 확립방안에 관한 연구)

  • CHOI, Jong-Hwa;JEONG, Do-Hun;CHA, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.14 no.2
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    • pp.191-212
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    • 2002
  • The economic and social bad influences of the illegal fishery bring about the results of the fishery resources exhaustion, of the fishery disorder and of the obstruction to sound management for fishery. The typical illegal fishery conducted in the coastal and offshore area of Korea can be divided as follows; fishery conducted by legally unauthorized method, fishery without permission from the Government, and fishery conducted in contravention of the laws and regulations concerning the fishing vessel, fishing gear and fishing method etc. The major reasons of origination of the illegal fishery in the coastal and offshore area of Korea are; Firstly, almost of the fishermen are poorly equipped in economical scale, Secondly, it is very easy to approach the illegal fishery because the domiciliation condition of the fishing village is deteriorated. Thirdly, almost of the fishermen are lacking in lawabiding spirit. Fourthly, the insolvent and unstable fisheries management policy with the lukewarm enforcement of the fisheries laws and regulations by the Government. Fifthly, the small scale family supporting fisheries are widespreaded. Sixthly, to retrieved the economical difficulties the fishermen are easily led astray the illegal fishery. As a conclusion the authors made some suggestions to stamp out the illegal fishery by this study. For the first, temptation fishermen into lawabiding fishery through intensification of the penal regulations is required. Second, simplification of the fishery type through combination of resemble fishing methods is required. Third, actual improvement of the fundamental fishery permission regime is required. Fourth, Introduction of the self-regulating or co-management system for the fishery management is required.

Effectiveness analysis about Readjustment of Fishery Permit (어업허가 일제정비제도 도입에 따른 효과분석)

  • Lee, Kwang-Nam;Jung, Jin-Ho
    • The Journal of Fisheries Business Administration
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    • v.42 no.2
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    • pp.97-112
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    • 2011
  • The coastal and offshore fishery to manage from a fishery permit system in our country at present seems to be a sign of lots problem, which are illegal fishing, a permit rent, non fishing vessel the purpose of vessel reduction, fishery compensation, tax exemption oil, the excessive occurrence of administrative cost due to differences during a period of a fishery permit. All the readjustment system for the permit has suggested an effective solution for a fishery permit management, the maintenance of a fishery order(the prevention of illegal fishery), the prevention of unused fishery, the entrance of new vessel in coastal fishery and it's system has prevent this problems in ahead. This paper has estimated an prevention convenience for an illegal spill of the tax exemption oil, actual effects of vessel reduction, the conservation of fishery resource for the future value and carried out an economic analysis to estimate compliance cost for the system introduction. Also, this study have analyzed throughly the coastal fishery situation and catched lots of issues on the management for the permit system. Especially, the problems improving the readjustment introduction for the permit have estimated the social and economic effects quantitatively and qualitatively with a calculated technique to classify various scenarios. This paper has judged correctly the term of validity for the permit to shorten as a result of the estimation and it will be to take the net convenience cost 1,655thousand million won. The results of this study have expect to provide a basic data to introduce the readjustment system for the permit.

Legal Issues on the Diving Apparatus Fishery: The case of contract responsibility and accountability at the time of ship collision (잠수기 어업과 관련한 법률상의 쟁점 -약정책임과 선박충돌시의 법정책임을 중심으로-)

  • Heo, Gyeom;Shin, Hyeon-Ok;Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.3
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    • pp.647-655
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    • 2014
  • In this research, unlike other fishing, the diving apparatus fishery is that the diver is engaged in fishing for profits. Because it is unique fishery, conflicts can be occurred in members. So, the purpose of this research is to define the contractual relationship between the parties of the diving apparatus fishery. For example, the relationship between the owner and diver and the owner and fishing ship crew. In addition, civil liability of default on the obligation was reviewed. Also, because the trouble was occurred by illegal fishing, criminal liability of ship crash caused by illegal diving apparatus fishery was considered. As a result, It is important to notifying the necessity of some method for the status of diver and fishing ship crew in diving apparatus fishery. moreover, It is need to educate the risk of illegal fishery for the parties of diving apparatus fishery.

An Economic Analysis of the Enforcement of illegal Fishing in Traditional Fisheries Management (전통적 어업관리의 불법어업 감시·감독에 대한 경제학적 분석)

  • LEE, Sang-Go
    • Journal of Fisheries and Marine Sciences Education
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    • v.14 no.1
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    • pp.57-73
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    • 2002
  • Illegal fishing is often cited as a principal cause of the failure of fisheries management, expecially fishing efforts regulations in traditional fisheries management. Usually, illegal fishing problems are perceived to be equivalent to inadequate enforcement, and policy prescription then follow to strengthen enforcement programs. The purpose of this paper is to analyze the illegal fishing behavior relatively recent emphasis on fishing efforts regulations in traditional fisheries management. The analysis focuses on measuring, explaining and developing the effectiveness way of enforcement strategies responding to imperfectly managed fishing efforts regulations through illegal fishing behavior and avoid enforcement fishing efforts measures. A model of fishermen fishing behavior and profit-maximizing decision making is analyzed to determine optimal fishing at individual fisherman level in response to fishing efforts regulation. The results of economic analysis of the enforcement of illegal fishing in traditional fisheries management results are as follows: First, illegal fishing will occur only if enforcement effort is not so high as to remove the incentive to do so, and if the effectiveness of avoidance is not too great, nor its cost too low. Second, avoidance effort will occur at a level jointly proportional to the extent of illegal activity and of enforcement; for given levels of the latter, the desired avoidance effort increase with its effectiveness and decrease with its cost Third, to improve the effectiveness of enforcement, understanding avoidance behavior appears to be crucial to any efforts. Forth, enforcement and fishermen behavior interact depends strongly on characteristics of avoidance, specifically its cost and effectiveness. When avoidance is neither too cheap nor too effective, the interaction is regular. Fifth, in this case, at low levels of enforcement, fishers respond to increases in enforcement by increasing avoidance, but at higher enforcement levels, it becomes uneconomical to continue to do so, and avoidance decreases with enforcement. Sixth, illegal fishing activity decreases steadily with enforcement, so the fishery manager is able, in theory, to reduce illegal fishing toward zero by increasing enforcement. If, however, avoidance is very inexpensive and/or very efficient/ then the optimal level of avoidance will increase indefinitely with increasing enforcement. Finally, less fishery enforcement is required if fishermen have less incentive to overfish, and fishermen have less incentive to avoid fishery enforcement measures.

International Trend of Regulation on IUU Fishing and Countermeasures (IUU어업에 대한 국제적 규제 동향과 우리나라의 대응 방안)

  • LEE, Kwang-Nam;SEO, Byung-Kwi
    • Journal of Fisheries and Marine Sciences Education
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    • v.15 no.1
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    • pp.81-100
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    • 2003
  • It is undeniable that IUU Fishing are threatening so many legal fishermen' economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damage such as the reduction of fish Stock management program's effect, dissatisfaction of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. i.e. each nation should develop Korea action plan by Feb. 2004 and impliment it, report on implementation toward FAO. This Paper will review the definition of the IUU stipulated by "International Plan of Action on Illegal, Unreported and Unregulated Fishing" and study Korea cases of the IUU fishing. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this paper is to grope the political countermeasures against international movement of the IUU fishing prevention.

Estimating the fisheries losses due to Chinese's illegal fishing in the Korean EEZ (중국어선 불법어업에 따른 수산부문 손실 추정)

  • Lee, Kwang-Nam;Jung, Jin-Ho
    • The Journal of Fisheries Business Administration
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    • v.45 no.2
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    • pp.73-83
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    • 2014
  • This study estimated quantitatively the loss of the fisheries due to China's illegal fishing that prevailed in the EEZ of the country in recent and has been an object to present a basic data in the implementation of government policy as to strengthen the enforcement capacity, setting up the direction of the crackdown of Chinese through to figure out an objective loss according to that. The analyzed result of this study setting a reasonable scenario, fisheries resources reduction is estimated about 67.5 million ton and the estimated amount of the loss is about 1.3 trillion won. This is 21.2% of about 318.3 ten thousand tons of the total fishery production of the country and accounts for 61.9% compared to coastal and offshore fisheries production. Therefore it is a very serious problem due to China's illegal fishing in Korea fisheries sector. It is significant to the point that estimating the qualitative and quantitative losses that can achieve a realistic and effective policy.

A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels (불법조업 중국어선에 대한 해양경찰의 단속에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.49-58
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    • 2014
  • The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

On the Countermeasures against Korean Fishing Boat being seized in Japan′s EEZ (일본 EEZ에서 우리 어선나포에 대한 대응방안)

  • Choi, Hong-Bae;Choi, Seog-Youn
    • Journal of Navigation and Port Research
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    • v.26 no.5
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    • pp.517-524
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    • 2002
  • This study aims to analyse the actual conditions of Korean fishing boat being seized in Japan's EEZ and to provide the countermeasures against that problem. According to the analysis of that actual conditions, Korean fishermen are trespassing Japan's EEZ in which fishery resources are abundant because of exhaustion of fishery resources and polluted water in Korean coastal sean. In the past, That behavior was not illegal. Now, however, it became illegal with the effectuation of the United National Conventions on the Law of the Sea(1994) and the Korean-Japanese Fisheries Agreement(1999). In order to resolve that problem on a long-term basis, it is necessary to turn over national fishery policy, to provide fishing people with other means of living, and to establish the Korean-Japanese cooperation system of fishery management. Most of all, it is urgent to mitigate and remit a penalty which was executed in Japan, to amplify personal and material resources need to guide and control fishery, and to construct a close cooperation system between the National Maritime Policy Agency and the Ministry of Maritime and Fisheries Affairs.

The Effect of Regulation on Illegal Fishing with Analysis of Catch in EEZ (어획량 분석을 통한 배타적 경제수역(EEZ) 불법어업 단속 효과)

  • Jang, Duck-Jong;Choe, Meong-Sool
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.185-193
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    • 2006
  • This research reviews the change of fishery environment, the change of fishery production affected by agreement execution and the situation of agreement violation after the execution cf fisheries agreements between Korea and China and between Korea and Japan to understand the achievement of fishery management of EEZ after the fishery agreements. It will focus on EEZ fishing banks between Korea and China and between Korea and Japan.

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The influences of encircling gill net fishery on fish organisms (선자망어업이 어업생물에 미치는 영향)

  • HAN, Inwoo;YOON, Euna;OH, Wooseok;LEE, Kyounghoon
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.53 no.1
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    • pp.41-48
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    • 2017
  • Encircling gill net fishery is a kind of gill net which is generally used in shallow coastal waters. After the fish have been encircled by the gill net, noise stimulus such as a stone or sound is used to force them to gill or entangle themselves in the netting surrounding them. Although the fishing by a stone is a traditional fishing method, it is considered as an illegal fishing method by physical stimulus such as explosives and mechanical vibrator. However, this illegal fishing method has raised some problems to the fishing boat of other fisheries or many anglers due to disturb aggregating fish schools. This study is aimed to provide scientific base data to verify whether to impact the ecosystem caused by this encircling gill net. This study exhibited that the impulse noise by concrete sphere in the encircling gill net was $159dB/{\mu}Pa$, the ambient noise from ship engine was $160dB/{\mu}Pa$, and the maximum noise from continuous artificial vibrator was $175dB/{\mu}Pa$. These may be stimulus to the escape of fish distributed in a wide area in its natural state; it is not likely the cause of death due to catastrophic stress. Therefore, it needs to prepare the consideration of standard limit on fishing stimulus in fishing methods of the fishery laws and regulations, prevent fishermen form using illegal fishing gear (i.e. explosive sound standards: $200{\sim}220dB/{\mu}Pa$ and provide them with countermeasures.