Chapter V Conservation and Management
Article 44
For the purposes of resources management and fisheries structure adjustment, the competent authority may promulgate regulations on the following matters:
(1)Restrictions or prohibitions on catching, harvesting, or processing of aquatic fauna and flora.
(2)Restrictions or prohibition on sale or possession of aquatic fauna and flora or the products made therefrom.
(3)Restrictions or prohibitions on use of fishing gears and fishing methods.
(4)Restrictions or prohibitions on fishing areas and fishing periods.
(5)Restrictions on or removal of any object obstructing the migratory routes of aquatic fauna.
(6)Restrictions or prohibitions on placing or abandoning objects harmful to aquatic fauna and flora.
(7)Restrictions or prohibitions on placing or removal of protective objects necessary for the propagation of aquatic fauna and flora.
(8)Restrictions or prohibitions on transplantation of aquatic fauna and flora.
(9)Other matters as deemed necessary.
Anyone that violates any provisions of subparagraph 4 to 9 of the preceding paragraph shall be imposed with administrative disposition(s) by the authority that promulgated the regulations.
The municipal or county (city) competent authorities shall report to the central competent authority for approval prior to any promulgation made pursuant to paragraph 1.
Article 45
For the purpose of conserving aquatic resources, the competent authority may designate and establish conservation zone(s) for aquatic fauna and flora reproduction.
The establishment of any conservation zone for aquatic fauna and flora reproduction shall be subject to the approval of the concerned municipal competent authority. In the case of a county (city), the competent authority shall submit a management plan of the conservation zone to the central competent authority for approval and announce the establishment after being approved. In case that the establishment of a conservation zone involves two or more provinces (municipalities), it shall be reported to the central competent authority for approval.
The municipal/county/city competent authority with jurisdiction over a conservation zone shall be responsible for the management of the conservation zone. Where the jurisdiction over the waters on which the conservation zone is established involves two or more counties/cities or provinces/municipalities, or the jurisdiction is not clear, the central competent authority shall appoint an agency to manage the conservation zone.
Article 46
For the purpose of conserving aquatic resources, the competent authority may undertake surveys of catch amount, operation conditions, and sea conditions with respect to specified fishery .
In undertaking the surveys as referred to in the preceding paragraph, the competent authority may require any fishery operator or fishery employee to submit a report on catch amount, operating period(s), fishing gear(s), fishing method(s), and other relevant matter(s). The fishery operator or the fishery employee shall not refuse.
Article 48
Aquatic fauna and flora shall not be caught/harvested by the use of:
(1)Toxic substances.
(2)Explosives or other dynamites.
(3)Electricity or other narcotics.
He/She whose purpose is for experimental and research and who obtains the permission from the central or municipal competent authority shall not be subject to the restrictions as referred to in the preceding paragraph.
Article 49
The competent authority may dispatch personnel to any fishing vessel, fishing ground of fishing right fishery, on shore fish farm, or other relevant site(s) of any fishery operator to inspect the catch, fishing gear(s), account book(s), and other object(s), as well as to question any relevant party. The Coast Guard Administration may, pursuant to its mandate, dispatch personnel to any fishing vessel of a fishery operator for inspection and questioning any relevant party. The relevant party shall not evade, obstruct, or refuse.
In carrying out the inspection as referred to in the preceding paragraph, where any offense of fisheries crime is found whereas it is unable to request in time the judicial authority to conduct search or seizure, the concerned fishing vessel, catch, or other object(s) sufficient to prove the facts of crime may be provisionally detained. In case that any other violation of the provisions of this Act is found, the concerned catch, fishing gear(s), and other object(s) may be sealed.
The provisional detention or seal conducted in accordance with the preceding paragraph shall be witnessed by any person in charge of the fishing vessel or the site or any civil servant. An inventory shall be made in respect of the object(s) being provisionally detained or sealed.
After the provisional detention conducted pursuant to paragraph 2, the competent authority or the Coast Guard Administration shall immediately contact the judicial authority for search or seizure and deliver the object(s) provisionally detained.
In carrying out the inspection, the personnel as referred to in paragraph 1 shall present his/her identification document and the authorization specifying the scope of inspection. In case that such personnel fail to do so, any person being inspected may refuse such inspection.
Article 50
Where any dispute arises concerning the operation area(s), fishing ground(s), or the method(s) of catching or aquaculture, the concerned fishery operator(s) may apply to the competent authority for mediation.
Article 51
Where there are more than one fishing methods used within the same fishing ground, the competent authority may, in consultation with the concerned fishery operators, prescribe rules for operation.