Fisheries Act 2022
- Language: English
- Year: 2022
Fishing Offenses & Infractions
Does the law/regulation contain any provisions related to abandoning or discarding gear, fish or fish product?
Article 75
(1) The Minister of Oceans and Fisheries may conduct a fact-finding survey regarding the manufacture, distribution, use, and management of fishing gear and the collection and disposal of discarded or lost fishing gear in order to efficiently manage fishing gear. (2) Where necessary for conducting a fact-finding survey under paragraph (1), the Minister of Oceans and Fisheries may request submission of related data, statement of opinions, etc. from the head of a relevant central administrative agency, the head of a local government, the head of a public institution under the Act on the Management of Public Institutions, the head of a related institution or organization, or a fishing gear manufacturer, etc. In such cases, a person requested to submit data or to state his or her opinion shall comply with such request unless there is a compelling reason not to do so. (3) The scope and methods of a fact-finding survey conducted under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 78
(1) An administrative authority may collect fishing gear discarded or lost in waters to dispose of or keep it, conduct surveys, measurements, or other activities in relation thereto, or operate vessels or facilities necessary therefor. (2) An administrative authority may require a person who files for registration of marine garbage collection business under Article 19 (1) 2 of the Management of Marine Garbage and Contaminated Marine Sediment Act; a person who files for registration of the business of purifying and improving fishing grounds under Article 17 of the Fishing Ground Management Act; or a person who owns a fishing vessel defined in Article 2 of the Fishing Vessels Act to collect discarded or lost fishing gear under paragraph (1) on its behalf. (3) An administrative authority may require the owner of discarded or lost fishing gear to bear all or part of the expenses incurred in collecting, disposing of, or keeping such discarded or lost fishing gear under paragraph (1), as prescribed by Presidential Decree: Provided, That this shall not apply where an act of God occurs or in cases prescribed by Presidential Decree.