• Title/Summary/Keyword: Illegal fishing

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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.

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.

Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

Actual Results on the Control of Illegal Fishing in Adjacent Sea Area of Korea (한국 연근해 불법어업의 지도 단속 실태)

  • Lee, Sang-Jo;Kim, Jin-Kun
    • Journal of Fisheries and Marine Sciences Education
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    • v.10 no.2
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    • pp.139-161
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    • 1998
  • This thesis includes a study on the legal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the lists of illegal fishing controlled by fishing patrol vessels of Ministry of Maritime Affairs and Fisheries from 1994 to 1996 in adjacent sea area of Korea. The results are summarized as follows ; 1. The fishing patrol vessels controlled total 826 cases in 2,726 days of 292 voyages by 17 vessels in 1994, total 1,086 cases in 3,060 days of 333 voyages by 18 vessels in 1995 and total 933 cases in 3,126 days of 330 voyages by 19 vessels in 1996. 2. The fishing period of illegal fishing was generally concentrated from April to September. But year after year, illegal fishing was scattered throughout the year. 3. The most controlled sea area of illegal fishing was the south central sea area in the sea near Port of Tongyeong. The sea area occupied about 36~51% of totality and the controlled cases were gradually increased every year. The second was the south western sea area in the sea near Port of Yosu. The sea area occupied about 18-27% and the controlled cases were a little bit increased every year. The third was the south eastern sea area in the sea near Pusan. The sea area occupied about 13~23% and the controlled cases were gradually decreased year by year. 4. The most controlled kind of illegal fishing was the small size bottom trawl. This occupied about 81-95% of totality and the controlled cases were gradually increased year by year. The second was the medium size bottom trawl. This occupied about 4-7% and the controlled cases were gradually decreased year by year. The third was the trawl of the coastal sea, this occupied about 2~4% and the controlled cases were a little bit decreased every year. 5. The most controlled address of illegal fishing manager was Pusan city which occupied about 33-51% of totality. The second was Cheonnam which occupied about 24-29%. The third was Kyungnam which occupied about 16~35%. 6. The most controlled violation of regulations was Article 57 of the Fisheries Act which occupied about 56-64% of totality. The second was Article 23 of Protectorate for Fisheries Resources which occupied about 21-36%. And the controlled cases by it were gradually increased every year.

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A Study on the Economic Effects of Artificial Reefs -In Case of Suwoo-do Artificial Reefs- (인공어초시설사업의 경제적 효과에 관한 연구 -수우도 인공어초어장을 중심으로-)

  • 유정곤;이승우;황진욱
    • The Journal of Fisheries Business Administration
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    • v.29 no.2
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    • pp.177-197
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    • 1998
  • Korean fisheries industry is surrounding by domestic and international difficulties due to the effectuation of the UN Convention on the Law of the Sea and declaration by many coastal states of 200-mile Exclusive Economic Zone and acceleration of ocean pollution in global recognition increasing of the importance of the ocean Resource enhancement policy in Korea fisheries industry is very important strategy fer the fostering of the fisheries resource and proper conservation and management of the coastal and off-shore living marine. Among resource enhancement policy, artificial reefs project has been the most effective strategy. The objectives of this paper are to find the economic effects of artificial reefs. The sampling artificial reefs is constructed at Suiido with 6~7m height. In order to analyze the fishing effect of artificial reefs, a few research have been conducted since 1975. For these analysis focuses on the side of scientific effect of artificial reefs, we analyzed on the side of economic effect. The results of the economic effects of artificial reefs are as follows ; First, the fishing effect analysis by using the NPV method in artificial reefs of Suiido ground prove to be economic feasibility. Second, the major socio-economic effect from artificial reefs include the increasing of recreation fishing, maintenance of fishing community, protection illegal fishing, conservation of coastal environment, and enlargement of advanced fisheries supply. Based on the above results, we conclude that artificial reefs project not only contributes to the welfare of fishermen by increasing of economic income, but enlarges to socio-economic gains by protection of illegal fishing and conservation coastal environment and so on.

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International Sanction on North Korea and Inter-Korea Fisheries Cooperation (국제사회의 대북제재와 남북수산협력)

  • Park, Joon-Mo
    • The Journal of Fisheries Business Administration
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    • v.50 no.4
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    • pp.11-28
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    • 2019
  • In this study, the Inter-Korea Fisheries Cooperation Project was divided into four categories: North Korea's Fisheries Infrastructure Development Project, Fisheries Cooperation Project, Human Exchange Project, and North Korea Fisheries Investment Project. First, North Korea's fisheries infrastructure development projects include North Korea's fisheries resource research project, it's fisheries resource development project, and joint enforcement on illegal operation of Chinese ships. Second, fisheries cooperation projects include the operation of the North-South common fish area in the West Sea, the fishing project in North Korea's East sea, and the import of North Korean seafood. Third, human exchange projects include training of aquaculture technicians in North Korea, technology transfer and training of fishing vessels, and boarding of North Korea's fisherman in Korean fishing vessels. Fourth, North Korea's fisheries investment projects include aquaculture facilities and aquaculture feed support, aquatic product processing facilities and technology transfer, and fishery equipment support. However, as international sanctions are maintained in the international community to North Korea, Inter-Korea Fisheries cooperation, however, should be promoted according to the level of easing of international sanctions as international sanctions are maintained in the international community to North Korea. First, North Korea's fisheries resource research project, North Korea's fisheries resource creation project, joint enforcement on illegal operation of Chinese ships, and operation of the common fish area in the West Sea can be promoted if international sanctions are maintained at present, promote North Korea's fisheries resource research project. Second, boarding of North Korean's fisherman in Korean fishing vessels, conducting the fishing project in North Korea's East sea, and importing North Korean seafood can be aided if commercial transactions are possible with North Korea. Third, South Korea will support aquaculture facilities and aquatic feed, fisheries processing facilities and technology transfer, fishery equipment support, training of fisheries and aquaculture technicians, fishery fishing technology transfer, and training of fisherman when a comprehensive economic cooperation project is possible with North Korea.

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.

A study on EU listing Korea as yellow-card non-cooperating third countries against IUU fishing and Korean countermeasures (EU의 IUU 어업 예비 비협력 제3국 지정에 대한 대응방안 연구)

  • LEE, Jong-Gun
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.4
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    • pp.912-923
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    • 2015
  • In the results of analyzing Korean corrective action for what are required to be improved according to EU listing Korea as yellow-card non-cooperating third countries against IUU fishing, in order to establish advanced fishery order, it is thought that the following additional improvements are required. (1) The introduction of integrated management system of fishing vessel sailing route, fishing activity, fish catch, and inshore fishing vessel must be considered. (2) It is necessary to establish a system to cross check catch transaction, catch landing, and fish catch report submitted by fishing vessel. (3) Catch transshipment approval system shall be introduced. And a system of reporting and checking catch transshipment at sea shall be reinforced. (4) Punishment shall be strengthened to the extent of making people to perceive that loss due to punishment is larger than profit made from illegal fishing. (5) It shall be so improved that more than a certain percentage of all vessels with fish and fish products caught in waters outside Korea's judicial waters shall be arbitrarily chosen and searched besides a case of being suspected to be IUU fishing. In conclusion, on being listed by EU as yellow-card non-cooperating third countries against IUU fishing, Korean fishery management system shall be generally reexamined, and it shall serve as an occasion to exterminate IUU fishing and to advance fishery management system.

A Study on the Status of Chinese Fishing in the East Sea off North Korea and Directions for Countermeasures (중국 어선의 북한 동해수역 입어동향과 대응방향)

  • Lee, Jung-Sam;Ryu, Jeong-Gon;Kee, Hae-Kyung
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.61-74
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    • 2017
  • This study is aimed to analyze the change of chinese fishing vessels' entry into the East Sea off North Korea and suggest directions for countermeasures. Based on the real landing data in China, Chinese fishing vessels' squid catch volume and value in the East Sea off North Korea are estimated. Results show that at least 205 thousand tons of squid was caught by Chinese fishing vessels in 2014. If the catch amount is calculated by the unit price per kilogram at the same year in Korea, it would be 556.3 billion KRW. As the UN sanctions become stricter with the recent resolution 2371 passed, Chinese fishing vessels' entry may increase in the future to compensate decreased seafood supply from North Korea. Even though there are not many options left for Korea to decrease the impact of Chinese depletive fishing, the study suggests countermeasures such as strengthening cooperative crack down on the Chinese illegal fishing vessels in Korean waters; increasing cooperation with UN member countries to incorporate banning the trade of fishing rights in the next UN sanctions; establishing regional fisheries management organization and managing migratory species with China and Japan cooperatively in the long term.