Distant Water Fisheries Development Act

(1) Each operator of a distant water fisheries business and a person engaged in distant water fisheries (hereinafter referred to “an operator, etc. of a distant water fisheries business) shall conscientiously conduct fishing operations within the permitted scope of operations and shall comply with resolutions made by international fisheries organizations for the conservation and management of resources and international standards regarding fisheries in high seas. (2) No operator, etc. of a distant water fisheries business shall engage in any of the following activities related to serious violations in overseas waters: 3. Conducting fisheries operations in any marine preserve established by an international fisheries organization; 8. Fisheries in violation of conservation and management measures of an RFMO in the areas under the purview of such RFMO; 9. Transshipping fish or a joint fishing operation, with a vessel listed by any international fisheries organization engaged in illegal, unreported, or unregulated fishing or assisting such vessel;

11. The term "observer" means a person designated by the relevant state or international fisheries organization, who engages in activities on board a vessel to monitor or supervise compliance with international standards for fisheries operations or to conduct scientific surveys;

(1) Each operator of a distant water fisheries business and a person engaged in distant water fisheries (hereinafter referred to “an operator, etc. of a distant water fisheries business) shall conscientiously conduct fishing operations within the permitted scope of operations and shall comply with resolutions made by international fisheries organizations for the conservation and management of resources and international standards regarding fisheries in high seas. <Amended by Act No. 13001, Jan. 6, 2015> (2) No operator, etc. of a distant water fisheries business shall engage in any of the following activities related to serious violations in overseas waters: <Amended by Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015> 10. Interrupting the duty performance of an observer, such as the movement, embarking, disembarking and inspection;

(2) No operator, etc. of a distant water fisheries business shall engage in any of the following activities related to serious violations in overseas waters: <Amended by Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015> 9. Transshipping fish or a joint fishing operation, with a vessel listed by any international fisheries organization engaged in illegal, unreported, or unregulated fishing or assisting such vessel;

(2) A person who has obtained a permit for distant water fisheries pursuant to Article 6 (1) or a person who has obtained approval for exploratory fishing pursuant to Article 17 (1) shall, in cases of intending to transship the catch of fish, obtain, in advance, a permit from the Minister of Oceans and Fisheries. <Amended by Act No. 13001, Jan. 6, 2015>

(7) A person who intends to be engaged in distant water fisheries through an overseas local corporation established jointly with a foreigner, shall report thereon to the Minister of Oceans and Fisheries. Any person who intends to modify any reported matter shall report such modification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>

(1) Each person who intends to engage in distant water fisheries shall obtain a permit for each fishing vessel from the Minister of Oceans and Fisheries. The foregoing shall also apply where a person intends to amend any permitted matter: Provided, That minor matters prescribed by Presidential Decree shall be reported. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (2) Notwithstanding paragraph (1), where a fishing vessel which is granted a permit for offshore fisheries under Article 41 (1) of the Fisheries Act is permitted to be engaged in fishery activities in any waters under the jurisdiction of a foreign state in accordance with an agreement on fisheries or an agreement on fisheries cooperation with a foreign state or foreigner (hereinafter referred to as “fisheries cooperation with a foreign state”), the Minister of Oceans and Fisheries may grant a permit under paragraph (1) without applying the permission standards for distant water fisheries under paragraph (8). <Newly Inserted by Act No. 13001, Jan. 6, 2015> (3) A person who intends to obtain a permit for distant water fisheries pursuant to paragraph (1) may file an application for permission for concurrent businesses with respect to the very same fishing vessel depending on the structure and performance of such fishing vessel, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (4) The Minister of Oceans and Fisheries shall, where granting a permit for distant water fisheries, do so by dividing the areas of fisheries operations into the Pacific, the Atlantic, and the Indian Ocean: Provided, that he/she may, depending on the type of distant water fishery, grant a permit for the Pacific, the Atlantic, and the Indian Ocean as one area of fisheries operations. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (5) Notwithstanding paragraph (4), if deemed necessary, the Minister of Oceans and Fisheries may grant a permit for the area of fisheries operations after adjustment thereof through fisheries cooperation with a foreign state. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (6) Where it is deemed necessary for fisheries cooperation with a foreign state, protection of overseas fisheries resources, or public interests, the Minister of Oceans and Fisheries may grant permits, specifying the time for fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (7) A person who intends to be engaged in distant water fisheries through an overseas local corporation established jointly with a foreigner, shall report thereon to the Minister of Oceans and Fisheries. Any person who intends to modify any reported matter shall report such modification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (8) The types of distant water fisheries that require permission under paragraph (1) shall be prescribed by Presidential Decree, and those matters necessary for permission, standards for permission, permission for modification, and reporting on minor matters under paragraph (1), and report or report of modification under paragraph (7) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015> (9) The Minister of Oceans and Fisheries shall grant a permit under paragraph (1) to an applicant, except in any of the following cases: <Newly Inserted by Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015>

1. Where any defect is found in any application document specified by Ordinance of the Ministry of Oceans and Fisheries, such as a business plan for distant water fisheries;
2. Where permission is subject to restriction under Article 7 (1);
3. Where an applicant falls under a ground for disqualification as prescribed in Article 8 (1);
4. Where an application fails to meet any of the standards for permission for distant water fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as the size of a fishing vessel;
5. Where the permit quota for distant water fisheries under paragraph (10) is exceeded;
6. Where permission contravenes any other restriction under this Act or any other statute. (10) If necessary, the Minister of Oceans and Fisheries may determine the permit quota for distant water fisheries, based upon the status of marine resources, the number of deep-sea fishing vessels, other natural and social conditions, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11982, Jul. 30, 2013> (11) A person who has obtained a new permit for distant water fisheries under Article 7 (2) shall be deemed to have succeeded to an administrative disposition, burdens, conditions, etc., imposed with respect to the previous permit for distant water fisheries. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (12) Matters necessary for the permit quota for distant water fisheries under paragraph (10) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11982, Jul. 30, 2013; Act No. 13001, Jan. 6, 2015>

(1) The Minister of Ocean and Fisheries may restrict permission for distant water fisheries of a ship, suspend the distant water fisheries thereof, or restrict mooring of a ship or its entry into and departure from a port in any of the following cases, when granting a permit for distant water fisheries under Article 6, or if a ship for which such permit has been granted falls under any of the following subpararaphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>

1. Where an international fisheries organization has made a resolution for preservation and management of resources;
2. Where the permit for distant water fisheries fails to meet international standards regarding fisheries in high seas;
3. Where a request for restrictions is made by a coastal state or international fisheries organization;
4. Where an international fisheries organization whose establishment is in progress has adopted a voluntary or tentative measure;
5. Where the relevant fishing vessel conducts any fisheries operation in any waters under the jurisdiction of any coastal state in which it is deemed that the said state does not grant a licence, permit, or authorization to, and monitor, supervise, and control foreign ships conducting fishery operations, in a effective manner under its fisheries-related statute;
6. Where it is necessary for managing, etc. overseas fisheries resources;
7. Where the relevant fishing vessel falls under any of the ships for which permit for distant water fisheries has ever been cancelled under Article 11 (1);
8. Where the name of a ship against which a disposition for the cancellation, etc. of permit for distant water fisheries has ever been taken under Article 11 (1) has been changed without any justifiable reason;
9. Where a ship belonging to a high risk group under Article 15-2 has ever been specially managed;
10. Where a ship is or was registered in the list of ships involved in illegal, unreported or unregulated fisheries prepared by an international fisheries organization or a costal state;
11. Where the Minister of Oceans and Fisheries deems that there is sufficient evidence to suspect that any ship is illegal, unreported, or unregulated, or that it is necessary to specially place any restriction on such ship for public interests;
12. A case falling under any of the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prevention, etc. of accidents related to fishing activities. (2) Restrictions concerning fishing areas, the age of a vessel, etc. may be imposed on fishing vessels allocated for a new permit for distant water fisheries prescribed by Presidential Decree or for replacement of permitted fishing vessels, if necessary.

(1) None of the following persons shall be qualified for a permit for a distant water fisheries under Article 6 (1). The foregoing shall also apply to a corporation that has any of the following persons as its executive: <Amended by Act No. 9627, Apr. 22, 2009; Act No. 12486, Mar. 18, 2014; Act No. 13001, Jan. 6, 2015>

1. An incompetent under the adult guardianship;
2. A person in whose case two years have not passed since a sentence of imprisonment or any heavier punishment for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act was fully executed (including where a sentence is deemed completely executed) or since such execution was discharged;
3. A person subject to a suspended execution of imprisonment or heavier punishment sentenced for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act;
4. A person in whose case two years have not passed since his/her permit was cancelled under Article 11 (1) (excluding where a permit was cancelled due to their falling under Article 8 (1) 1).

(1) The Minister of Oceans and Fisheries may cancel a permit for distant water fisheries or order the suspension of distant water fisheries for a specified period not exceeding six months in any of the following cases: Provided, That a permit for distant water fisheries shall be cancelled where a person commits an offense falling under subparagraph 1: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>

1. Where a person has obtained a permit by fraudulent or other unjust means;
2. Where a person breaches any term or condition of a permit under Article 6;
3. Where a person becomes disqualified as prescribed in Article 8;
4. Where a distant water fishery operator violates Article 12;
5. When a person breaches any rule prescribed in Article 13. (2) Where a person engaged in distant water fisheries violates this Act or an order issued under this Act, the Minister of Oceans and Fisheries may request the head of the relevant administrative agency to cancel or suspend the person’s license as a ship officer or to issue a reprimand to the ship officer. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> (3) Upon receipt of a request under paragraph (2), the head of the relevant administrative agency shall comply with such request. (4) The criteria and procedure for the measures provided for in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(1) The Minister of Ocean and Fisheries may restrict permission for distant water fisheries of a ship, suspend the distant water fisheries thereof, or restrict mooring of a ship or its entry into and departure from a port in any of the following cases, when granting a permit for distant water fisheries under Article 6, or if a ship for which such permit has been granted falls under any of the following subpararaphs:

1. Where an international fisheries organization has made a resolution for preservation and management of resources;
2. Where the permit for distant water fisheries fails to meet international standards regarding fisheries in high seas;
3. Where a request for restrictions is made by a coastal state or international fisheries organization;
4. Where an international fisheries organization whose establishment is in progress has adopted a voluntary or tentative measure;
5. Where the relevant fishing vessel conducts any fisheries operation in any waters under the jurisdiction of any coastal state in which it is deemed that the said state does not grant a licence, permit, or authorization to, and monitor, supervise, and control foreign ships conducting fishery operations, in a effective manner under its fisheries-related statute;
6. Where it is necessary for managing, etc. overseas fisheries resources;
7. Where the relevant fishing vessel falls under any of the ships for which permit for distant water fisheries has ever been cancelled under Article 11 (1);
8. Where the name of a ship against which a disposition for the cancellation, etc. of permit for distant water fisheries has ever been taken under Article 11 (1) has been changed without any justifiable reason;
9. Where a ship belonging to a high risk group under Article 15-2 has ever been specially managed;
10. Where a ship is or was registered in the list of ships involved in illegal, unreported or unregulated fisheries prepared by an international fisheries organization or a costal state;
11. Where the Minister of Oceans and Fisheries deems that there is sufficient evidence to suspect that any ship is illegal, unreported, or unregulated, or that it is necessary to specially place any restriction on such ship for public interests;
12. A case falling under any of the grounds prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as prevention, etc. of accidents related to fishing activities. (2) Restrictions concerning fishing areas, the age of a vessel, etc. may be imposed on fishing vessels allocated for a new permit for distant water fisheries prescribed by Presidential Decree or for replacement of permitted fishing vessels, if necessary.

(1) None of the following persons shall be qualified for a permit for a distant water fisheries under Article 6 (1). The foregoing shall also apply to a corporation that has any of the following persons as its executive: <Amended by Act No. 9627, Apr. 22, 2009; Act No. 12486, Mar. 18, 2014; Act No. 13001, Jan. 6, 2015>

1. An incompetent under the adult guardianship;
2. A person in whose case two years have not passed since a sentence of imprisonment or any heavier punishment for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act was fully executed (including where a sentence is deemed completely executed) or since such execution was discharged;
3. A person subject to a suspended execution of imprisonment or heavier punishment sentenced for a violation of this Act, the Fisheries Act, or the Fishing Vessels Act;
4. A person in whose case two years have not passed since his/her permit was cancelled under Article 11 (1) (excluding where a permit was cancelled due to their falling under Article 8 (1)

(1) A distant water fishery operator shall install a fishing vessel monitoring system on the permitted fishing vessel under Article 6 (1) prior to departing from port. <Amended by Act No. 11982, Jul. 30, 2013> (2) An operator of a overseas cargo transportation business who has been registered as a fishery products transportation business pursuant to Article 24 (2) of the Marine Transportation Act shall install a fishing vessel monitoring system. <Newly Inserted by Act No. 13001, Jan. 6, 2015> (3) Requirements for vessel monitoring systems under paragraphs (1) and (2) and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13001, Jan. 6, 2015>