Fishing Vessels Act
Fishing Offenses & Infractions
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 6
Any fishing vessel subject to international conventions shall be preferentially governed by the relevant international conventions, where the provisions of such international conventions are in conflict with those of this Act.
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 13
(1) The owner of each fishing vessel or the owner of each ship prescribed by Ordinance of the Ministry of Oceans and Fisheries shall file registration of such vessel or ship in the fishing vessel register with the head of the Si/Gun/Gu having jurisdiction over the port or dock which such fishing vessel or ship mainly arrives or departs from (hereinafter referred to as "port of registry") as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, fishing vessels falling under Article 2 of the Ship Registry Act shall be registered as fishing vessels after they are registered as ships. (2) No fishing vessel shall be used for fishing without registration under paragraph (1). (3) The head of a Si/Gun/Gu shall issue a certificate, etc. to a fishing vessel registered pursuant to paragraph (1) according to the following classifications:
- Fishing vessels with a gross tonnage of at least 20 tons: Certificates of ship's nationality;
- Fishing vessels with a gross tonnage not exceeding 20 tons (excluding non-power fishing vessels with a gross tonnage not exceeding five tons): Certificates of ship registration;
- Non-power fishing vessel with a gross tonnage not exceeding five tons: Certificates of completion of registration.
Vessel Tracking
Does law/regulation require or exempt fishing vessels to keep AIS turned on?
Article 5-2
(1) In order to ensure the safe navigation of a fishing vessel, the owner of each fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall equipe his/her fishing vessel with an automatic identification system which automatically provides information about the location of the vessel (hereinafter referred to as "AIS equipment") and operate such AIS equipment in accordance with the criteria set by the Minister of Oceans and Fisheries: Provided, That if necessary for the rapid response to marine accidents and the automatic reporting for port entry and departure, such criteria may be otherwise prescribed by the Minister of Public Safety and Security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014> (2) If a fishing vessel is equipped with radio equipment specified in Article 5 (1) which has the same function as that of AIS equipment, the fishing vessel shall be deemed equipped with AIS equipment. (3) If AIS equipment is malfunctioning or lost, the owner or captain of the fishing vessel having such AIS equipment under paragraph (1) shall report such fact to the Minister of Public Safety and Security without delay. <Amended by Act No. 12844, Nov. 19, 2014> (4) The State or a local government may fully or partially subsidize the ower of a fishing vessel who installs AIS equipment in his/her vessel within budgetary limits. (5) Matters necessary for methods of, procedures for, etc. reporting under paragraph (3) shall be determined by the Minister of Public Safety and Security. <Amended by Act No. 12844, Nov. 19, 2014>
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 5-2
(1) In order to ensure the safe navigation of a fishing vessel, the owner of each fishing vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall equipe his/her fishing vessel with an automatic identification system which automatically provides information about the location of the vessel (hereinafter referred to as "AIS equipment") and operate such AIS equipment in accordance with the criteria set by the Minister of Oceans and Fisheries: Provided, That if necessary for the rapid response to marine accidents and the automatic reporting for port entry and departure,such criteria may be otherwise prescribed by the Minister of Public Safety and Security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014> (2) If a fishing vessel is equipped with radio equipment specified in Article 5 (1) which has the same function as that of AIS equipment, the fishing vessel shall be deemed equipped with AIS equipment. (3) If AIS equipment is malfunctioning or lost, the owner or captain of the fishing vessel having such AIS equipment under paragraph (1) shall report such fact to the Minister of Public Safety and Security without delay. <Amended by Act No. 12844, Nov. 19, 2014> (4) The State or a local government may fully or partially subsidize the ower of a fishing vessel who installs AIS equipment in his/her vessel within budgetary limits. (5) Matters necessary for methods of, procedures for, etc. reporting under paragraph (3) shall be determined by the Minister of Public Safety and Security. <Amended by Act No. 12844, Nov. 19, 2014>