Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research
- Date2023-07-07 11:19
- TypeLaw
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CONSERVATION AND MANAGEMENT OF MARINE
ECOSYSTEMS ACT
Act No. 8045, Oct. 4, 2006
Lastly Amended by Act No. 19012, Oct. 18, 2022
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this
Act is to protect marine ecosystems from artificial damage and conserve or
manage marine ecosystems in a comprehensive and systematic manner, such as
conserving marine biological diversity and promoting sustainable use of marine
biological resources, thereby improving the quality of national life and
protecting marine assets.
Article 2 (Definitions)
The terms used in
this Act are defined as follows:
1. The term "marine ecosystems" means a material system or
a functional system, wherein the biological community of specific sea areas is
combined with inorganic and organic environments surrounding such community;
2. The term "conservation and management of marine
ecosystems" means all activities conducted to conserve, protect or restore
marine ecosystems in a systematic manner and conserve marine biological
diversity;
3. The term "marine biological diversity" means the
diversity of biological species or organisms within marine ecosystems,
including the diversity of intra-species, inter-species, the habitats of
organisms and ecosystems;
4. The term "marine biological resources" means genetic
resources, organisms, a part of organisms, population and other biological
components of marine ecosystems, which have a value to people or serve
practical or potential purposes;
5. The term "marine ecosystem axis" means the axis composed
by connecting important areas or sea areas so as to conserve and manage marine
ecosystems and marine biological diversity in an integrated manner and to
maintain the continuity of structure and functions of marine ecosystems;
6. The term "marine ecology map" means a map drawn up
under Article 12, by classifying marine ecosystems according to ecological or
landscape value, etc.;
7. The term "marine primary production" means the
production of organic materials through photosynthesis or chemical synthesis in
the sea;
8. The term "marine organisms" means organisms which
inhabit or grow naturally in marine ecosystems;
9. The term "migratory marine animals" means animals
moving in a group for spawning, feeding activities or reproduction, etc., which
are determined by Ordinance of the Ministry of Oceans and Fisheries;
10. The term "marine mammals" means mammals living in the
sea, which are determined by Ordinance of the Ministry of Oceans and Fisheries;
11. The term "marine organisms under protection" means
marine species falling under any of the following items, which are determined
by Ordinance of the Ministry of Oceans and Fisheries:
(a) Unique species living in the Republic of Korea;
(b) Species, the number of which is remarkably decreasing;
(c) Species of high academic or economic values;
(d) Species internationally highly worthy of protection;
12. The term "organisms disturbing marine ecosystems"
means organisms falling under any of the following items, which are determined
by Ordinance of the Ministry of Oceans and Fisheries:
(a) Marine organisms flowing in from abroad artificially or
naturally, which cause or are likely to cause disturbance to the balance of
marine ecosystems;
(b) Marine organisms which cause or are likely to cause disturbance
to the balance of marine ecosystems, from among genetically modified organisms
produced through genetic modification;
13. The term "harmful marine organisms" means marine
organisms causing harm to the life or property of people, which are determined
by Ordinance of the Ministry of Oceans and Fisheries;
14. The term "protected marine areas" means areas highly
worthy of conservation, as they are ecologically important due to diverse
marine organisms or excellent marine assets, including marine landscape, which
are determined by Ordinance of the Ministry of Oceans and Fisheries under
Article 25;
15. The term "marine assets" means the total of
non-biological resources of tangible or intangible value, which can be used for
the life of people or economic activities, including biological resources of
marine ecosystems, marine landscape, marine minerals, seawater and marine
energy.
Article 3 (Basic Principles for Conservation and Management of
Marine Ecosystems)
The following basic
principles shall apply when conserving and managing marine ecosystems:
1. Marine ecosystems shall be conserved or managed as the assets of
all nationals, in a way that serves the public interests and ensures the
sustainable use of marine ecosystems;
2. There should be harmony and balance between the use of the sea
and the conservation or management of marine ecosystems;
3. Endangered marine organisms or ecologically important marine
organisms shall be protected, and the diversity of marine organisms shall be
maintained;
4. Nationals shall take part in the conservation or management of
marine ecosystems, and shall be provided with more opportunities to use marine
ecosystems in a sound manner;
5. The burden of conserving or managing marine ecosystems shall be
shared in an equitable manner, and benefits generated from marine ecosystems
shall be preferentially enjoyed by local residents and interested persons;
6. No ecological balance shall be destroyed nor shall the value
thereof be undermined in cases where marine environments are used or developed,
and endeavors shall be made to restore or recover marine ecosystems and marine
landscape in cases where they are destroyed, damaged or injured;
7. International cooperation shall be promoted for the sustainable
use of marine ecosystems.
Article 4 (Responsibility of the State)
(1) The State or
local governments shall take the following measures to conserve or manage
marine ecosystems:
1. Formulation and implementation of measures to conserve or manage
marine ecosystems, in an effort to prevent inordinate damage to marine
ecosystems caused by activities or projects (hereinafter referred to as
"development activities, etc.") affecting marine ecosystems,
including the development or use of the sea, and to promote the sustainable use
of marine ecosystems;
2. Promotion of policies which encourage nationals to take an active
part in the conservation or management of marine ecosystems, and the creation
of conditions therefor;
3. Investigation, research and technology development concerning the
conservation and management of marine ecosystems, and the fosterage of specialized
human resources;
4. Formulation and implementation of measures to restore or recover
damaged marine ecosystems;
4-2. Establishment of marine ecosystem axis and formulation and
implementation of management plans for the conservation and management thereof;
5. Raising public awareness on the importance of marine ecosystems,
through education and public relations concerning marine ecosystems;
6. Promotion of international cooperation concerning the
conservation of marine environments.
(2) Business entities
shall observe the following matters, in conducting his or her business
activities:
1. Business entities shall preferentially consider marine ecosystems
and marine landscapes;
2. Business entities shall take necessary measures on their own to
restore or recover damaged marine environments caused by their business
activities;
3. Business entities shall take part and cooperate in measures to
conserve the marine environments, formulated and implemented by the State and
local governments under paragraph (1).
(3) All nationals
shall endeavor to protect marine ecosystems, including active participation in
policies of the State and local governments to conserve and manage marine
ecosystems.
(4) Anyone who
intends to conduct development activities, etc. shall take measures necessary
to minimize damage to marine ecosystems.
Article 5 (Consultations on Major Policies)
(1) The heads of
central administrative agencies shall, before formulating and implementing
major policies or plans directly related to the conservation and management of
marine ecosystems, consult with the Minister of Oceans and Fisheries: Provided,
That this shall not apply where they have consulted with the Minister of Oceans
and Fisheries under other Acts.
(2) The Minister
of Oceans and Fisheries may, when conducting development activities, etc., in
consultation with the heads of the relevant central administrative agencies,
draw up guidelines on the conservation, management and sustainable use of
marine ecosystems, and order persons engaged in development activities, etc. to
utilize such guidelines.
(3) Matters
necessary to determine the kinds of major polices or plans subject to
consultation and to prepare guidelines under paragraphs (1) and (2) shall be
prescribed by Presidential Decree.
Article 6 (Support for Movements to Protect Marine Ecosystems)
The State shall
support local governments, civil groups, etc. to ensure that nationals can take
part in movements to protect marine ecosystems and that ecological
characteristics of each region shall be taken into account in promoting the
movements to protect marine ecosystems.
Article 7 (Establishment and Operation of Marine Ecosystem
Information System)
(1) The Minister
of Oceans and Fisheries may establish and operate the marine ecosystem
information system (hereinafter referred to as "marine ecosystem information
system") which computerizes a marine ecology map, marine species and
information on habitats, etc., so as to smoothly produce and distribute
knowledge and information on marine ecosystems.
(2) The Minister
of Oceans and Fisheries may request the heads of the relevant administrative
agencies to submit data necessary for the establishment and operation of the
marine ecosystem information system. In such cases, the heads of the relevant
administrative agencies shall comply therewith, in the absence of special
circumstances.
(3) The Minister
of Oceans and Fisheries may entrust the establishment and operation of the
marine ecosystem information system to specialized institutions, where it is
necessary for the efficient establishment and operation of the marine ecosystem
information system.
(4) Matters
necessary for the establishment and operation of the marine ecosystem
information system under paragraph (1) and entrustment to specialized
institutions under paragraph (3) shall be prescribed by Presidential Decree.
Article 8 (Formulation of Joint Measures with Neighboring Countries)
(1) The State may
formulate joint measures with neighboring countries, in order to conserve and
manage marine ecosystems and marine biological resources in a systematic and
comprehensive manner.
(2) The State or
local governments may conduct cooperative projects, in investigations,
research, restoration or recovery, with neighboring countries, in an effort to
promote international joint responses to the protection of marine organisms,
the conservation of habitats of marine organisms and impact on marine ecosystems
by marine pollution, and may have the relevant research institutes or academic
institutions take part in such projects.
(3) The State or
local governments may support the relevant research institutes or academic
institutions which take part in cooperative projects under paragraph (2), and
the kinds of and procedures for support for cooperative projects and
institutions subject to such support shall be prescribed by Ordinance of the
Ministry of Oceans and Fisheries.
CHAPTER II FORMULATION OF PLANS AND
INVESTIGATIONS
Article 9 (Formulation of Basic Plans on Conservation and Management
of Marine Ecosystems)
(1) The Minister
of Oceans and Fisheries shall formulate basic plans (hereinafter referred to as
"basic plans") on the conservation and management of marine
ecosystems every ten years, so as to conserve and manage marine ecosystems in a
comprehensive and systematic manner, review the feasibility of the plans every
five years, and amend the plans if necessary.
(2) Basic plans
shall include the following:
1. The actual status or use of marine ecosystems;
2. Basic directions and major projects concerning the conservation
and management of marine ecosystems;
3. Matters concerning the protection or restoration of habitats or
migratory routes of marine organisms;
4. Matters concerning the establishment and management of marine
ecosystem axis;
5. Actual status of changes and disturbance of marine ecosystems due
to an abnormal water temperature caused by heat waves, etc. and climate
changes, etc. and status of marine ecosystems fragile to climate changes;
6. Education and public relations concerning the conservation and
management of marine ecosystems and the promotion of civil cooperation;
7. Cooperation of the relevant central administrative agencies and
local governments;
8. International cooperation on the conservation and management of
marine ecosystems;
9. Matters concerning the calculation of expenses incurred in
conducting projects and methods of funding;
9-2. Matters concerning ecosystem services under subparagraph 10 of
Article 2 of the Act on the Conservation and Use of Biological Diversity, which
are obtained by human from marine ecosystems;
10. Other matters concerning the conservation and management of
marine ecosystems prescribed by Presidential Decree.
(3) In
formulating basic plans, the Minister of Oceans and Fisheries shall undergo
deliberations by the Marine Fishery Development Committee under Article 7 of
the Framework Act on Marine Fishery Development, after consulting with the
heads of the relevant central administrative agencies, the Special Metropolitan
City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors,
and Special Self-Governing Province Governor (hereinafter referred to as
"Mayors/Do Governors").
(4) The Minister
of Oceans and Fisheries may request the heads of the relevant central
administrative agencies and Mayors/Do Governors to submit data necessary for
formulating basic plans.
(5) The Minister
of Oceans and Fisheries shall notify the heads of the relevant central administrative
agencies and Mayors/Do Governors of basic plans and publicly notify such plans,
and shall submit them to the competent standing committee of the National
Assembly without delay.
(6) Mayors/Do
Governors shall formulate detailed implementation plans on the conservation and
management of marine ecosystems in areas under their jurisdiction according to
basic plans, and report such plans to the Minister of Oceans and Fisheries.
(7) The Minister
of Oceans and Fisheries or Mayors/Do Governors may amend basic plans and
detailed implementation plans, when it is deemed necessary to respond to the
changes in natural or social conditions. In such case, they shall consult with
the heads of the relevant central administrative agencies and Mayors/Do
Governors in advance.
(8) The Minister
of Oceans and Fisheries may request Mayors/Do Governors to amend detailed
implementation plans, when it is deemed necessary for the conservation and
management of marine ecosystems.
(9) Paragraphs
(3) through (6) shall apply mutatis mutandis to amendments to basic plans:
Provided, That this shall not apply to amendments to insignificant matters
prescribed by Presidential Decree.
(10) The heads of
the relevant central administrative agencies or Mayors/Do Governors shall
preferentially consider basic plans, when taking such actions as authorization,
permission, approval, license, decision or designation, in connection with
development activities, etc.
(11) The Minister
of Oceans and Fisheries shall analyze and evaluate the outcomes of implementing
basic plans on the conservation and management of marine ecosystems every two
years, and reflect such outcomes in polices on the conservation and management
of marine ecosystems.
Article 9-2 (Establishment of Marine Ecosystem Axis)
(1) When the
Minister of Oceans and Fisheries intends to establish marine ecosystem axis, he
or she shall hear opinions of the heads of local governments, consult with the
heads of relevant central administrative agencies, and then undergo
deliberation by the Maritime Affairs and Fisheries Development Committee under
Article 7 of the Framework Act on Marine Fishery Development.
(2) When the
Minister of Oceans and Fisheries has established marine ecosystem axis under
paragraph (1), he or she shall notify the heads of relevant central
administrative agencies and Mayors/Do Governors thereof without delay and
publicly notify thereof.
(3) Matters
necessary for the standards for and methods of the establishment of the marine
ecosystem axis, the public notification thereof, etc. shall be prescribed by
Ordinance of the Ministry of Oceans and Fisheries.
Article 9-3 (Management Plans on Marine Ecosystem Axis)
(1) The Minister
of Oceans and Fisheries shall formulate and implement management plans for the
conservation and management of the marine ecosystem every five years in
accordance with basic plans, after consulting with the head of a relevant
central administrative agency and the head of a local government.
(2) Where the
Minister of Oceans and Fisheries, the head of a relevant central administrative
agency, or the head of a local government conducts the following activities, he
or she shall preferentially consider the marine ecosystem axis:
1. Formulation of plans to conserve marine organisms under
protection under Article 19 (1) of the Act;
2. Designation and management of protected marine areas under
Article 25 (1);
3. Securing land, etc. for the conservation and management of marine
ecosystems under Article 32 (1);
4. Designation and management of seaside rest areas under Article 44
(1);
5. Measures for the conservation of marine landscapes under Article
45 (1) and (2) of the Act;
6. Formulation and implementation of measures necessary to restore
damaged marine ecosystems under Article 46 (3).
Article 10 (National Comprehensive Investigation into Marine
Ecosystems)
(1) The Minister
of Oceans and Fisheries shall conduct a national comprehensive investigation
into marine ecosystems throughout the nation (referring to a combination of
investigations including a basic investigation concerning the marine ecosystem,
investigation and observation of protected marine areas under Article 29 (1),
investigation under Article 39 (2) and a basic investigation conducted by the
Minister of Oceans and Fisheries under Article 4 of the Wetlands Conservation
Act), in collaboration with the heads of the relevant central administrative
agencies.
(2) Deleted.
(3) Such matters
as the details and methods of investigations under paragraph (1) shall be
prescribed by Presidential Decree.
(4) Mayors/Do
Governors may conduct an investigation into marine ecosystems in areas under
their jurisdiction, in accordance with the Municipal Ordinances of the relevant
local governments, and shall report investigation plans and the outcomes of
investigations to the Minister of Oceans and Fisheries, when conducting an
investigation.
Article 11 (Detailed Investigation and Observation of Changes in
Marine Ecosystems)
(1) The Minister
of Oceans and Fisheries shall formulate and implement plans for detailed
investigation of the relevant marine ecosystems, where deemed especially
necessary to investigate and manage such marine ecosystems which came to
knowledge after an investigation under Article 10.
(2) The Minister
of Oceans and Fisheries may conduct a supplementary investigation of regions
and sea areas, where it is obvious that natural or artificial factors have
resulted in changes to marine ecosystems, from among regions and sea areas
investigated under Article 10.
(3) The Minister
of Oceans and Fisheries shall continue to observe changes in marine ecosystems
caused by natural or artificial factors.
(4) Mayors/Do
Governors may investigate and observe marine ecosystems in areas under their
jurisdiction under paragraphs (1) through (3), in accordance with the Municipal
Ordinances of the relevant local governments.
(5) The items,
details and methods of investigations under paragraphs (1) and (2) shall be
prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 12 (Drafting Marine Ecology Map)
(1) The Minister
of Oceans and Fisheries shall draft a marine ecology map, which classifies the
marine ecosystems nationwide according to the following criteria, on the basis
of the results of the investigations and observation under Articles 10 and 11,
so as to utilize such map in formulating basic plans and take it into account
in conducting development activities, etc.:
1. First-class zone: Regions and sea areas falling under any of the
following items:
(a) Regions and sea areas which are the major habitats, spawning
areas and major migratory routes of marine organisms under protection;
(b) Regions and sea areas which have excellent marine ecosystems or
magnificent marine landscape;
(c) Regions and sea areas which are located in geographical
distribution limits of organisms or which represent the types of marine
vegetation;
(d) Regions and sea areas with especially diverse marine organisms,
where marine biological resources worthy of conservation exist and are distributed;
(e) Regions and sea areas which have a marine ecological value
equivalent to items (a) through (d), satisfying the standards prescribed by
Presidential Decree;
2. Second-class zone: Regions and sea areas equivalent to those
falling under any item of subparagraph 1, which are worthy of future
conservation in terms of marine biological value, or regions and sea areas
outside of the first-class zone, which are necessary for the protection of the
first-class zone;
3. Third-class zone: Regions and sea areas to be developed or used,
which are not classified as a first-class zone, second-class zone or separately
managed zone;
4. Separately managed zone: Regions with landscape value, which are
prescribed by Presidential Decree, from among areas conserved under other
statutes.
(2) When the
Minister of Oceans and Fisheries draws up a marine ecology map, he or she may
request the heads of the relevant central administrative agencies or the heads
of local governments to cooperate therein, including the submission of
necessary data or the cooperation by specialized human resources, and the heads
of the relevant central administrative agencies or the heads of local
governments shall comply with such requests, as prescribed by Presidential
Decree, in the absence of unavoidable military necessity.
(3) Mayors/Do
Governors may draw up a detailed marine ecology map in areas under their
jurisdiction for the efficient conservation and management of marine
ecosystems, in consultation with the Minister of Oceans and Fisheries, and
matters necessary therefor shall be determined by the municipal ordinance of
the relevant local governments.
(4) When the
Minister of Oceans and Fisheries draws up a marine ecology map, he or she shall
consult with the heads of the relevant central administrative agencies, after
undergoing public perusal for at least 14 days.
(5) The Minister
of Oceans and Fisheries shall notify the heads of the relevant central
administrative agencies and the heads of the relevant local governments of the
marine ecology map and issue public notice thereof.
(6) Standards and
methods for drafting a marine ecology map shall be prescribed by Presidential
Decree.
Article 13 (Marine Ecology Researchers)
(1) The Minister
of Oceans and Fisheries or Mayors/Do Governors may appoint marine ecology
researchers (hereinafter referred to as "researchers"), where it is
necessary for the investigations and observation under Articles 10 and 11 or
other investigations into marine ecosystems.
(2)
Qualifications for researchers and procedures for appointing researchers under
paragraph (1) or other necessary matters shall be prescribed by Ordinance of
the Ministry of Oceans and Fisheries or Municipal Ordinance of the relevant
local governments.
Article 14 (Access to Another Person’s Land)
(1) The Minister
of Oceans and Fisheries or Mayors/Do Governors may order public officials or
researchers (where the Minister of Oceans and Fisheries or Mayors/Do Governors
entrust tasks including the nationwide comprehensive investigation into marine
ecosystems under Article 10 (1) to specialized institutions or organizations
pursuant to Article 60 (3), including the executives or employees of the
relevant specialized institutions or organizations) to access public waters or
another person’s land to conduct an investigation or make an observation, or
order them to change or remove trees, soil, stones or other obstacles
(hereinafter referred to as "obstacles, etc.") of such public waters
or land, where it is necessary for the investigations and observation under
Articles 10 and 11.
(2) Where public
officials or researchers intend to change or remove obstacles, etc. under
paragraph (1), they shall obtain consent from those who occupy and use, use,
possess, occupy or manage public waters or land (hereinafter referred to as
"occupiers and users, etc."): Provided, That where occupiers and
users, etc. are not on site, or where it is impossible to obtain consent
thereof due to their incorrect addresses, they shall post a notice on the
bulletin board of an Eup/Myeon/Dong having jurisdiction over the relevant areas
or publicly announce such fact in daily newspapers, and after 14 days from such
notification or announcement, they shall be deemed to have obtained consent.
(3) No occupier
and user, etc. of public waters or land may refuse, obstruct or evade the
access, investigations or observation and the change or removal of obstacles,
etc. under paragraph (1) without good cause.
(4) Anyone who
intends to access public waters or another person’s land under paragraph (1)
shall carry an identification indicating his or her authority and present it to
interested persons, as prescribed by Ordinance of the Ministry of Oceans and
Fisheries.
Article 15 (Maintenance and Management of Marine Primary Production)
(1) The Minister
of Oceans and Fisheries shall take measures to maintain and manage marine
primary production, in consultation with the heads of the relevant central
administrative agencies and Mayors/Do Governors.
(2) The Minister
of Oceans and Fisheries shall conduct an investigation into necessary matters,
including the actual state, characteristics and influence, etc. of marine
ecosystems by sea area, in advance, to maintain and manage marine primary
production.
(3) The Minister
of Oceans and Fisheries may request the relevant specialized institutions to
conduct an investigation under paragraph (2), for scientific and specialized
investigations and measurement.
CHAPTER III PROTECTION OF MARINE
ORGANISMS
Article 16 (Protection of Migratory Marine Animals)
(1) The State or
local governments shall protect the habitats, spawning areas and migratory
routes of migratory marine animals and marine mammals.
(2) The State or
local governments may establish exhibition halls and education or information
centers for the conservation or management of migratory marine animals and
marine mammals, and subsidize all or part of expenses incurred in conducting
research or investigations by the relevant institutions or organizations.
(3) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies, or the heads of local governments may prohibit or restrict capture,
so as to conserve and manage the spawning or breeding environments of migratory
marine animals and marine mammals.
(4) Such matters
as procedures or methods for supporting research and investigations of
migratory marine animals and marine mammals under paragraph (2) shall be
prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 16-2 (Survey of Marine Organisms under Protection)
(1) The Minister
of Oceans and Fisheries shall conduct a detailed survey of the current status
of inhabitation of marine organisms under protection, migratory marine animals,
and marine mammals.
(2) Matters
necessary for the details and methods of the survey under paragraph (1) shall
be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 17 (Designation of Conservation Institutions Other than
Habitats)
(1) The Minister
of Oceans and Fisheries or Mayors/Do Governors may designate institutions
prescribed by Presidential Decree, including zoos, as conservation institutions
for marine organisms other than habitats, (hereinafter referred to as
"conservation institutions other than habitats"), after hearing from
the heads of the relevant central administrative agencies, where it is
difficult to conserve marine organisms in their habitats or it is necessary to
conserve marine organisms in places other than habitats for the conservation of
their species: Provided, That he or she shall consult with the Administrator of
the Cultural Heritage Administration, when designating conservation
institutions other than habitats, so as to conserve natural monuments designated
under Article 25 of the Cultural Heritage Protection Act in places other than
their habitats.
(2) The Minister
of Oceans and Fisheries or Mayors/Do Governors may fully or partially subsidize
expenses incurred in conserving marine organisms under protection, where it is
especially necessary to conserve marine organisms under protection in
conservation institutions other than habitats.
(3) Where
conservation institutions other than habitats fall under any of the following
cases, the Minister of Oceans and Fisheries or Mayors/Do Governors may revoke
their designation or order such institutions to wholly or partially suspend
their business affairs for a fixed period not exceeding six months: Provided,
That he or she shall revoke the designation in cases falling under subparagraph
1:
1. Where they are designated as conservation institutions other than
habitats, by fraud or other improper means;
2. Where they capture migratory marine animals and marine mammals,
in violation of the prohibitions and restrictions under Article 16 (3);
3. Where they fall under any of the following items, in violation of
Article 20 (1):
(a) Where they capture, collect or damage marine organisms under
protection, without permission;
(b) Where they install explosives, nets or fishing gear, or use
harmful substances (referring to toxic substances defined in subparagraph 2 of
Article 2 of the Chemical Substances Control Act; hereinafter the same shall
apply) or electric currents, so as to capture or damage marine organisms under
protection;
4. Where they import or bring in marine animals, the capture of
which is prohibited or restricted, or export, import, ship out or bring in
marine organisms under protection, without permission, in violation of Article
42 (1) 1 and 2;
5. Where it is determined impractical for them to perform affairs
such as conserving marine organisms, as they intentionally and continuously
commit acts in violation of the purpose of their designation as conservation
institutions other than habitats, such as abuse of marine organisms or neglect
of management duties resulting in deaths of marine organisms.
(4) Such matters
as criteria and procedures for designating conservation institutions other than
habitats, or the operation thereof shall be prescribed by Ordinance of the
Ministry of Oceans and Fisheries.
Article 18 (Rescue and Treatment of Marine Animals)
(1) The Minister
of Oceans and Fisheries or Mayors/Do Governors shall take measures necessary to
rescue or treat marine animals in distress or wounded, such as the
establishment and operation of facilities for rescuing and treating marine
animals.
(2) The Minister
of Oceans and Fisheries or Mayors/Do Governors may designate the relevant
institutions or organizations as institutions specialized in rescuing and
treating marine animals, for the rescue and treatment of marine animals.
(3) The Minister
of Oceans and Fisheries or Mayors/Do Governors may fully or partially subsidize
expenses incurred in rescuing and treating marine animals, for institutions
specialized in rescuing and treating marine animals designated under paragraph
(2).
(4) Where
institutions specialized in rescuing and treating marine animals fall under any
of the following cases, the Minister of Oceans and Fisheries or Mayors/Do
Governors may revoke their designation or order such institutions to wholly or
partially suspend their business affairs for a fixed period not exceeding six
months: Provided, That he or she shall revoke the designation in cases falling
under subparagraph 1:
1. Where they are designated as institutions specialized in rescuing
and treating marine animals by fraud or other improper means;
2. Where they refuse to rescue or treat marine animals in distress
or wounded at least three times without special circumstances;
3. Where they abuse marine animals;
4. Where they acquire, transfer, take over, transport, keep or offer
marine organisms under protection, which have been captured in an illegal manner,
and processed goods made of such marine organisms, in violation of Article 20;
5. Where they fraudulently claim expenses spent on activities to
rescue or treat marine animals;
6. Where they conduct activities that violate the purpose of
designation of institutions specialized in rescuing and treating marine
animals.
(5) Such matters
as criteria and procedures for designating institutions specialized in rescuing
and treating marine animals and subsidies for expenses incurred in rescuing and
treating marine animals under paragraphs (2) and (3) shall be prescribed by
Ordinance of the Ministry of Oceans and Fisheries.
Article 18-2 (Prevention of Incidental Catch of Marine Organisms under
Protection)
(1) Anyone shall
endeavor to prevent marine mammals and marine organisms under protection from
being incidentally caught during operation, and proactively cooperate with the
measures of the State and local governments to prevent incidental catch.
(2) The State and
local governments shall endeavor to research and develop technologies necessary
for prevention of incidental catch.
Article 19 (Plans to Conserve Marine Organisms under Protection)
(1) The Minister
of Oceans and Fisheries may prepare measures to conserve marine organisms under
protection, as prescribed by Presidential Decree, and implement such measures,
in collaboration with the heads of the relevant central administrative agencies
and Mayors/Do Governors, or request the heads of the relevant central
administrative agencies and Mayors/Do Governors to implement such measures.
(2) The Minister
of Oceans and Fisheries shall formulate measures to protect the habitats, etc.
of marine organisms under protection and take necessary measures, such as
reproducing or restoring species, where it is deemed difficult for the current
populations to continue their life in nature and it is especially necessary to
take measures for protection.
(3) The Minister
of Oceans and Fisheries may request cooperation from the heads of the relevant
central administrative agencies or Mayors/Do Governors, where it is necessary
to protect, reproduce or restore marine organisms under protection.
(4) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies or Mayors/Do Governors may recommend appropriate methods, etc. of
using public waters or land to the occupiers and users, etc. of the public
waters or land, as prescribed by Presidential Decree, where it is deemed
necessary for protecting marine organisms under protection.
(5) The Minister
of Oceans and Fisheries may provide support necessary for the occupiers and users,
etc. of the public waters or land to follow his or her recommendations, within
budgetary limits.
Article 20 (Prohibitions against Capturing or Collecting Marine
Organisms under Protection)
(1) No one shall capture,
collect, transplant, process, distribute, store (including dead marine
organisms in cases of process, distribution or storage) or damage (hereinafter
referred to as "capture or collection, etc.") marine organisms under
protection, and shall install explosives, nets or fishing gear, or use toxic
substances or electric currents, so as to capture or damage marine organisms
under protection: Provided, That marine organisms under protection may be
captured or collected, with permission from the Minister of Oceans and
Fisheries, in any of the following cases:
1. Where any one intends to use marine organisms, so as to protect,
reproduce, or restore marine organisms under protection or conduct academic
research;
2. Where any one intends to use marine organisms for education in
institutes of marine biological resources established under Article 40 and in
facilities for conserving or using marine ecosystems established under Article
43 (excluding such cases of capturing live marine mammals);
3. Where it is necessary for preventing damage to cultured fish
species or fishery products;
4. Where it is inevitable to conserve marine organisms under protection
by moving or transplanting them, so as to perform public works under Article 4
of the Act on Acquisition of and Compensation for Land for Public Works
Projects or conduct projects for which authorization, permission or approval,
etc. (hereinafter referred to as "authorization or permission, etc.")
has been obtained under statutes or regulations;
5. Where any one exports, imports, ships out or brings in
artificially reproduced marine organisms, as prescribed by Presidential Decree;
6. Other cases determined by Ordinance of the Ministry of Oceans and
Fisheries, unless the protection of marine organism is interrupted.
(2) Where any one
obtains permission under Article 19 of the Wildlife Protection and Management
Act, he or she shall be deemed to have obtained permission from the Minister of
Oceans and Fisheries under the proviso of paragraph (1).
(3) The
provisions of paragraph (1) shall not apply in any of the following cases:
1. Where any one captures marine organisms under protection, for
fear that they are likely to cause imminent harm to human beings;
2. Where any one captures marine organisms under protection, as it
is urgent to rescue and treat the marine animals wounded or incidentally caught
by fishing gear, etc.;
3. Where any one inevitably catches marine organisms under
protection with other marine organisms during fishing activities, and such
catch is reported to the Minister of Oceans and Fisheries within 48 hours
(excluding cases falling under subparagraph 2);
4. Where conservation institutions other than habitats, receive
authorization or permission, etc. for capture or collection, etc. under the
relevant statutes or regulations;
5. Where it falls under the permitted matters under Article 35 of
the Cultural Heritage Protection Act;
6. Where marine organisms fall under the category of endangered
wildlife under subparagraph 2 of Article 2 of the Wildlife Protection and
Management Act.
(4) Anyone who
intends to capture or collect, etc. marine organisms under protection, after
obtaining permission under the proviso of paragraph (1), shall carry a permit,
and when any one captures or collects, etc. marine organisms under protection,
he or she shall report the results of capture or collection, etc. to the
Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of
Oceans and Fisheries.
(5) Where
specific marine organisms are designated as marine organisms under protection,
anyone who has already kept the relevant marine organisms shall make a report
to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the
Ministry of Oceans and Fisheries, within one year.
(6) Such matters
as the standards and procedures for permission and the issuance of a permit
under the proviso of paragraph (1) shall be prescribed by Ordinance of the
Ministry of Oceans and Fisheries.
Article 21 (Revocation of Permission)
(1) Where anyone
who obtains permission under the proviso of Article 20 (1) falls under any of
the following cases, the Minister of Oceans and Fisheries may revoke such
permission: Provided, That where any one falls under subparagraph 1, he or she
shall revoke such permission:
1. Where any one obtains permission by fraud or other improper
means;
2. Where any one violates permitted matters in capturing or
collecting, etc. marine organisms under protection.
(2) Any one whose
permission has been revoked under paragraph (1), shall return a permit to the
Minister of Oceans and Fisheries, within seven days from such revocation.
Article 22 (Restrictions on Advertisements and Observation
Activities relating to Marine Organisms under Protection)
(1) No person
shall place an advertisement which is likely to accelerate the extinction or
decrease, or provoke the abuse, of marine organisms under protection: Provided,
That this shall not apply where he or she receives authorization or permission,
etc. under other statutes.
(2) Any person
who intends to perform observation or tourism activities in relation to marine
organisms under protection shall not conduct any of the following acts that are
likely to interrupt or disturb the migration or feeding activities of marine
organisms under protection: Provided, That marine organisms under protection in
zoos and aquariums prescribed in the Act on the Management of Zoos and
Aquariums shall be governed by such Act:
1. Approaching marine organisms under protection too closely;
2. Operating ships, etc. at a higher than prescribed speed;
3. Feeding marine organisms under protection at will;
4. Any other activities prescribed by Ordinance of the Ministry of
Oceans and Fisheries, which are likely to interfere with the migration or
feeding activities of marine organisms under protection.
(3) Matters
necessary for the detailed standards, methods, etc. for the observation of
marine organisms under protection or tourism activities involving them under
paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and
Fisheries.
Article 23 (Management of Organisms Disturbing Marine Ecosystems)
(1) No one shall
bring organisms disturbing marine ecosystems into marine systems and increase
their habitats or numbers.
(2) Anyone who
intends to import or bring in organisms disturbing marine ecosystems shall
obtain permission from the Minister of Oceans and Fisheries, as prescribed by
Ordinance of the Ministry of Oceans and Fisheries: Provided, That genetically
modified organisms under Article 2 of the Transboundary Movement of Living
Modified Organisms Act, from among organisms disturbing marine ecosystems,
shall be governed by the said Act.
(3) Where
organisms disturbing marine ecosystems disturb or damage the balance of marine
ecosystems, the Minister of Oceans and Fisheries shall establish measures
through investigation, and request the heads of relevant central administrative
agencies or the heads of local governments to take relevant measures. In such
cases, the Minister of Oceans and Fisheries may permit the capture or
collection of organisms disturbing marine ecosystems, notwithstanding
restrictions on acts in protected marine areas under Article 27 (1).
Article 24 (Management of Harmful Marine Organisms)
The Minister of
Oceans and Fisheries or Mayors/Do Governors shall manage harmful marine
organisms, by taking overall consideration of the damage caused by harmful marine
organisms to fishery industries and the types or numbers of harmful marine
organisms, and endeavor to ensure that marine ecosystems are not disturbed due
to inordinate capture or collection.
CHAPTER IV DESIGNATION AND MANAGEMENT OF
PROTECTED MARINE AREAS
Article 25 (Designation and Management of Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries may designate areas falling under any of the following
subparagraphs, whose marine ecosystems or marine landscape require special
protection, as protected marine areas and manage such areas:
1. Sea areas where marine ecosystems maintain primitiveness or sea
areas worthy of conservation and academic research for their diverse marine
organisms;
2. Areas which need academic research or conservation, due to
unusual topography, geological features or ecology of the sea;
3. Sea areas which are worthy of being conserved for their high
primary production capacity or for their function as the habitats or spawning
areas of marine organisms under protection;
4. Sea areas which may represent diverse marine ecosystems or are
equivalent to examples thereof;
5. Sea areas which are worthy of special conservation, for their
beautiful submarine landscape, including coral reefs and seaweeds, or marine
landscape;
6. Areas needed to be conserved, in order to maintain or improve
their function as carbon sinks of marine ecosystems;
7. Other sea areas prescribed by Presidential Decree, which are
especially necessary for the effective conservation and management of marine
ecosystems.
(2) Protected
marine areas under paragraph (1) may be designated and managed, after being
classified into the following sub-areas based on the characteristics of marine
ecosystems:
1. Areas for protecting marine organisms: Areas needed to protect
marine organisms under protection;
2. Areas for protecting marine ecosystems: Areas with excellent
marine ecosystems or diverse marine organisms, or areas with vulnerable
ecosystems which are unlikely to be restored, if damaged;
3. Areas for protecting marine landscape: Areas with excellent
marine landscape, wherein the topography, geological features and biota of the
seaside or inside the sea achieve harmony with marine ecosystems.
(3) The Minister
of Oceans and Fisheries may alter or cancel the designation as protected marine
areas, where such areas lose the value as protected marine areas under
paragraph (1) or do not need conservation, due to military necessity, natural
disasters or other grounds.
(4) Matters
necessary for the designation or management of protected marine areas under
paragraphs (1) through (3) shall be determined by Ordinance of the Ministry of
Oceans and Fisheries.
Article 26 (Procedures for Designation of Protected Marine Areas)
(1) When the
Minister of Oceans and Fisheries intends to designate or alter protected marine
areas, he or she shall draft a topographic map (including a marine chart)
determined by Presidential Decree in a written plan on designation which
includes the following, hear the opinions of the relevant local residents,
interested persons and the heads of local governments, and then undergo
consultations with the heads of the relevant central administrative agencies
and deliberation by the Marine Fishery Development Committee under Article 7 of
the Framework Act on Marine Fishery Development: Provided, That where
alterations are made to minor matters prescribed by Presidential Decree,
deliberation by the Marine Fishery Development Committee may be omitted:
1. Grounds and purposes of designation or alteration;
2. Current status and characteristics of major marine ecosystems;
3. Specific use area or current status of using land in designated
areas and adjacent areas;
4. Classification of protected marine areas and plans to manage such
areas;
5. Current status of a fishing right and a mining right, an
aquaculture business right and drawings;
6. Current status of regulated areas under statutes or regulations.
(2) Upon
receiving requests for opinions or consultations under paragraph (1), the heads
of local governments or the heads of the relevant central administrative
agencies shall present their opinions to the Minister of Oceans and Fisheries
within 30 days after the date they receive such requests, unless there is a
compelling reason not to do so.
(3) When the
Minister of Oceans and Fisheries designates, alters or cancels protected marine
areas, he or she shall give public notice of the details of designation,
alteration or cancellation in the Official Gazette, without delay, as
prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 27 (Restrictions on Acts in Protected Marine Areas)
(1) No one shall
commit any of the following acts in protected marine areas: Provided, That
where park areas designated under the Natural Parks Act or cultural heritage
(including protected areas) under the Cultural Heritage Protection Act is included
in protected marine areas, the provisions of the Natural Parks Act or Cultural
Heritage Protection Act shall apply:
1. Capturing, collecting, transplanting, or damaging marine
organisms prescribed by Ordinance of the Ministry of Oceans and Fisheries, from
among marine organisms which do not fall under marine organisms under
protection, or installing explosives, nets or fishing gear or using toxic
substances or electric currents, so as to capture or damage marine organisms in
protected marine areas;
2. Newly constructing or extending buildings or other artificial
structure (limited to where buildings are extended on not less than two
occasions the size of the total ground area at the time of designation of
protected marine areas);
3. Changing the structure of public waters, or increasing or
decreasing the water level or quantity of the sea water;
4. Changing the quality of public waters or land;
5. Collecting the sea sand, quartz sand, soil and stones in public
waters;
6. Throwing away specific substances harmful to the quality of water
defined in subparagraph 8 of Article 2 of the Water Environment Conservation
Act, or wastes or toxic substances defined in subparagraph 1 of Article 2 of
the Wastes Control Act;
7. Damaging, destroying or relocating notices on the conservation
and management of marine ecosystems or other landmarks;
8. Other acts deemed harmful to marine ecosystems as prescribed by
Presidential Decree.
(2) In any of the
following cases, the provisions of paragraph (1) shall not apply:
1. Where it is necessary for military purposes;
2. Where it is necessary to take urgent measures to cope with
natural disasters or other disasters prescribed by Presidential Decree;
3. Acts falling under paragraph (1) 2 through 5, which are necessary
for maintaining or improving the unique life styles of residents in protected
marine areas or adjacent areas (hereinafter referred to as "adjacent
areas") which may pollute or affect protected marine areas, or acts which
are necessary for maintaining the existing farming or fishing activities, as
prescribed by Presidential Decree;
4. Acts or related facilities for conducting an academic
investigation or research, which are deemed to cause no harm to the
conservation of the relevant protected marine areas and permitted by the
Minister of Oceans and Fisheries;
5. Where the heads of the relevant administrative agencies are
directly engaged in development activities, etc. under other statutes or
regulations, or where the authorization or permission, etc. of the relevant
administrative agencies are given. In such case, the heads of the relevant
administrative agencies shall have a prior consultation with the Minister of
Oceans and Fisheries;
6. Projects for rearranging the basis of agricultural production
defined in subparagraph 5 of Article 2 of the Agricultural and Fishing Villages
Improvement Act and projects for the comprehensive development of fishing
villages defined in subparagraph 2 of Article 2 of the Fishing Villages and
Fishery Harbors Act, which implement matters included in the management plan
for protected marine areas under Article 28 of this Act;
7. Where the Minister of Oceans and Fisheries commits acts
prescribed by Presidential Decree or establishes necessary facilities, so as to
protect and manage protected marine areas;
8. Where facilities prescribed by Presidential Decree, including
facilities for experiencing ecosystems, are established in areas for protecting
marine landscape under Article 25 (2) 3.
(3) No act
falling under paragraph (1) 1 shall be committed against marine organisms in
any area for protecting marine organisms under Article 25 (2) 1,
notwithstanding the proviso of paragraph (1).
(4) Any one may
capture or collect marine organisms in areas for protecting marine landscape
under Article 25 (2) 3, to the extent that it does not damage the marine
landscape which serves as the ground for the designation as areas for
protecting marine landscape, notwithstanding paragraph (1).
(5) The Minister
of Oceans and Fisheries or Mayors/Do Governors may restrict development
activities, etc. prescribed by Presidential Decree, or fishing activities in
protected marine areas notwithstanding paragraph (2) 3, where it is inevitable
for the protection of marine organisms under protection or it is especially
necessary for the conservation and management of vulnerable marine ecosystems.
Article 28 (Management Plans for Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries shall formulate and implement management plans for
protected marine areas every five years, which include the following, after
consulting with the heads of the relevant central administrative agencies and
the heads of local governments: Provided, That this shall not apply to
amendments to insignificant matters prescribed by Presidential Decree:
1. Conservation and management of marine ecosystems and marine
biological diversity;
2. Special management of areas for protecting marine organisms,
areas for protecting marine ecosystems and areas for protecting marine
landscape under each subparagraph of Article 25 (2);
3. Improvement of the life of residents in protected marine areas
and adjacent areas and the protection of interests of interested persons;
4. Matters which contribute to the development of local community
through the conservation and management of marine ecosystems.
(2) Where the
Minister of Oceans and Fisheries formulates or amends management plans for
protected marine areas, he or she shall publicly notify such plan.
(3) Except as
provided in paragraphs (1) and (2), matters necessary for the formulation,
amendment, implementation, etc. of management plans for protected marine areas
shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 29 (Investigation and Observation of Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries shall, before designating or altering protected marine
areas, investigate and measure the matters necessary for designation or
alteration thereof, such as the current status, characteristics and topography
of marine ecosystems.
(2) The Minister
of Oceans and Fisheries may request the relevant specialized institutions to
conduct investigations or take measurements under paragraph (1), for scientific
and specialized investigation and measurements.
(3) The Minister
of Oceans and Fisheries may request the heads of the relevant central
administrative agencies or the heads of local governments to submit data
necessary for designating protected marine areas. In such cases, the heads of
the relevant central administrative agencies or the heads of local governments
shall comply with such requests, in the absence of special circumstances.
(4) The Minister
of Oceans and Fisheries or Mayors/Do Governors shall continue to observe the
current status of marine ecosystems and inhabitation of marine organisms in
protected marine areas.
Article 30 (Orders for Suspension)
The Minister of
Oceans and Fisheries or Mayors/Do Governors may order any person who commits an
act in violation of Article 27 (1), (3) and (5) in protected marine areas to
stop such act or restore protected marine areas within a reasonable period of
time: Provided, That where it is impracticable to restore protected marine
areas, he or she may give an order to take measures equivalent thereto,
including the creation of alternative nature.
Article 31 (Urgently Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries may designate regions or sea areas, which fall under
any of the subparagraphs of Article 25 (1) and are deemed to need urgent
protection for fear of a significant damage to marine ecosystems, as urgently
protected marine areas, after listening to the opinions of the heads of the
relevant central administrative agencies or the heads of local governments.
(2) The Minister
of Oceans and Fisheries shall, when designating urgently protected marine areas
under paragraph (1), publicly notify such fact and notify the heads of the
relevant central administrative agencies or the heads of local governments thereof.
(3) The Minister
of Oceans and Fisheries may, when designating urgently protected marine areas
under paragraph (1), request the heads of the relevant administrative agencies
to supplement plans, adjust implementation periods, change implementation
methods or to reserve authorization or permission, with regard to authorization
or permission for plans or projects which are likely to transform marine
ecosystems.
(4) Where any
ground for designating urgently protected marine areas under paragraph (1) no
longer exists, the Minister of Oceans and Fisheries shall cancel such
designation without delay and publicly notify such fact.
(5) Where the
relevant areas are not designated as protected marine areas within one year
after the date on which such areas are designated and publicly notified as
urgently protected marine areas under paragraph (1), the designation of
urgently protected marine areas shall be deemed to have been cancelled.
Article 32 (Securing Land for Conservation and Management of Marine
Ecosystems)
(1) Where land,
public waters, artificial structures or other articles settled in the relevant land
in protected marine areas or in regions or sea areas which need to be
designated as protected marine areas for their excellent ecological value
(hereinafter referred to as "land, etc.") do not need to be used for
military purposes or for the purposes of protecting cultural heritage, the
Minister of Oceans and Fisheries may request administrative conversion under
subparagraph 5 of Article 2 of the State Property Act from the heads of central
administrative agencies authorized to manage the relevant land, etc., such as
the Minister of National Defense: Provided, That this shall not apply to land
under Articles 20 and 20-2 of the Act on Special Measures for Readjustment of
Requisitioned Property or Articles 2 and 3 of the Act on Special Measures for
Readjustment of Expropriated or Used Lands under the Decree on Special Measures
for Expropriation or Uses of Lands in Areas to Be Mobilized under Article 5 (4)
of the Act on Special Measures for National Integrity.
(2) The Minister
of Oceans and Fisheries may conduct an investigation into land, etc., in
consultation with the heads of the relevant central administrative agencies,
including the Minister of National Defense and the Administrator of the
Cultural Heritage Administration, as prescribed by Presidential Decree, so as
to select land, etc. subject to administrative conversion under paragraph (1).
Article 33 (Purchase of Land in Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries or Mayors/Do Governors may purchase land, etc., in
consultation with their owners, where necessary for the conservation and
management of marine ecosystems in protected marine areas.
(2) Prices of
land, etc. purchased under paragraph (1) shall depend on prices calculated
under the Act on Acquisition of and Compensation for Land for Public Works
Projects.
Article 34 (Support for Residents in Protected Marine Areas)
(1) The Minister
of Oceans and Fisheries may conduct the following projects in protected marine
areas or adjacent areas:
1. Projects for collecting marine wastes;
2. Projects for facilities aimed at reducing marine pollution;
3. Other projects for supporting residents in protected marine areas
and adjacent areas.
(2) When the
Minister of Oceans and Fisheries designates each protected marine area under
Article 25, he or she shall prioritize seeking and implementing measures to support
public facilities for residents in the relevant protected marine areas and
adjacent areas, establish convenience facilities and increase incomes of
residents.
(3) The Minister
of Oceans and Fisheries or the heads of local governments may use parts of
protected marine areas and adjacent areas as places for marine ecosystems
visits or for recreational purposes, etc.
(4) Types,
procedures and methods of support for protected marine areas and adjacent areas
shall be prescribed by Presidential Decree.
Article 35 (Preferential Use of Protected Marine Areas)
(1) The head of a
Si/Gun/Gu (referring to the head of an autonomous Gu;. hereinafter the same
shall apply) shall endeavor to ensure that residents in protected marine areas
and adjacent areas under their jurisdiction can have priority in using the
relevant protected marine areas, in consultation with the heads of the relevant
central administrative agencies and the heads of local governments: Provided,
That where interested persons exist, this shall be limited to cases where
consensus is reached with the interested persons.
(2) Local
residents who use protected marine areas under paragraph (1) shall endeavor to
protect protected marine areas.
Article 36 (Designation and Management of City/Do Protected Marine
Areas)
(1) Mayors/Do
Governors may designate regions or sea areas, which require conservation like
protected marine areas, as City/Do protected marine areas for management.
(2) When a
Mayor/Do Governor designates a City/Do protected marine area, he or she shall
hear the opinions of interested persons and consult with the heads of the
relevant central administrative agencies, as prescribed by Presidential Decree.
This shall apply where the designation of a City/Do protected marine area is
altered or cancelled.
(3) Where it is
necessary to conserve and manage marine ecosystems representing the relevant
regions, the Minister of Oceans and Fisheries may recommend Mayors/Do Governors
to designate regions or sea areas, to which the relevant ecosystems belong, as
City/Do protected marine areas for management.
(4) When a
Mayor/Do Governor designates a City/Do protected marine area under paragraph
(1), he or she shall publicly notify the location, size, date of designation of
the relevant area or other matters determined by the Municipal Ordinance of the
relevant local government. The same shall apply where the designation of a
City/Do protected marine area is altered or cancelled.
(5) Mayors/Do
Governors may take necessary measures to conserve City/Do protected marine
areas, such as restrictions on the capture and collection of marine organisms,
as prescribed by municipal ordinance of the relevant local governments, in
accordance with Articles 25 (2) and (3), 27 through 29, 34 and 35.
Article 37 (Consultations on Development Activities in City/Do
Protected Marine Areas)
Where the State or
local governments intend to conduct development activities, etc. or grant
authorization or permission for development activities, etc. in City/Do
protected marine areas under other statutes, the heads of the competent
administrative agencies shall consult with Mayors/Do Governors who are in charge
of City/Do protected marine areas.
CHAPTER V CONSERVATION OF MARINE
BIOLOGICAL DIVERSITY
Article 38 (Formulation of Measures to Conserve Marine Biological
Diversity and International Cooperation)
(1) The State
shall formulate and implement measures to conserve marine biological diversity,
including the following, as prescribed by Presidential Decree, for the
conservation of marine biological diversity, the sustainable use of components
thereof, the appropriate management of marine biological resources and the
implementation of international agreements for the conservation and management
of marine ecosystems, to which the State has acceded (including the Convention
on Biological Diversity, the Convention on International Trade in Endangered
Species of Wild Fauna and Flora and the Convention on Wetlands of International
Importance Especially as Waterfowl Habitat):
1. Conserving the components of marine biological diversity in
habitats and places other than habitats;
2. Promoting and supporting projects for protecting and increasing
marine biological resources;
3. Securing specialized human resources and facilities for the
operation of facilities for conserving marine biological resources and the
research of marine biological diversity;
4. Developing technology for the conservation and management of
marine biological resources;
5. Evaluating the impact of bio-technologically mutated organisms on
marine ecosystems once they are introduced into marine ecosystems;
6. Other matters prescribed by Presidential Decree, which are deemed
to be necessary for implementing international agreements for the conservation
and management of marine ecosystems.
(2) The State
shall endeavor to exchange technology and information for the conservation and
management of marine ecosystems, in cooperation with international
organizations and related nations, ensure that technology for the conservation
of marine biological diversity and sustainable use of components of marine
biological diversity are easily acquired and transferred, in collaboration with
countries directly involved in international agreements on the conservation and
management of marine ecosystems and cooperate with each other, with regard to
the management of marine biotechnology and the distribution of profits thereof.
Article 39 (Research and Technology Development for Marine
Biological Diversity)
(1) The State
shall conduct research and develop technology concerning the structure,
functions, research and restoration of marine ecosystems, the classification of
marine organisms and the conservation of components of marine biological
diversity in habitats and places other than habitats.
(2) The State
shall conduct necessary investigations into the distribution, trends of change,
etc. of components of marine biological diversity which need separate measures
for conservation or which has social, economic, cultural and scientific values,
and development activities which may have a negative influence on the
conservation of marine biological diversity and the sustainable use of
components of marine biological diversity, so as to contribute to the
conservation of marine biological diversity and the sustainable use of
components of marine biological diversity: Provided, That this shall not apply
to cases where such investigations may be substituted by investigations under
Articles 10 and 11 may substitute.
(3) The State
shall analyze, evaluate and record the outcomes of investigations into the
components of marine biological diversity under paragraph (2), manage such
information in a systematic manner and reflect the information in measures to
conserve marine biological diversity under Article 38 (1), in order to ensure
that such information can be used for the conservation of marine biological
resources in an appropriate manner.
(4) Subjects and
methods of investigations under paragraph (2) shall be prescribed by
Presidential Decree.
Article 40 (Establishment and Operation of Institute of Marine
Biological Resources)
(1) The State or
local governments may establish and operate an institute of marine biological
resources, for the efficient conservation of marine biological resources.
(2) Where an
institute of marine biological resources is established under paragraph (1),
such institute shall have experts in the classification and conservation of
biological resources, for the efficient operation and management thereof.
(3) Matters
necessary for the establishment and operation of the institute of marine
biological resources shall be prescribed by Presidential Decree.
Article 41 (Contracts on Management of Marine Biological Diversity)
(1) The Minister
of Oceans and Fisheries may conclude a contract (hereinafter referred to as
"contract on the management of marine biological diversity") on the
change of capture or collection methods, reduction in the use of chemical
substances, creation of wetlands, methods of managing public waters, etc. with
occupiers and users, etc. of public waters or land, or recommend the heads of
the relevant central administrative agencies or the heads of local governments
to conclude a contract on the management of marine biological diversity, for
the conservation of the following regions or sea areas:
1. Regions necessary for the protection of marine organisms under
protection;
2. Sea areas, whose marine biological diversity needs to be
improved;
3. Sea areas with distinct or excellent marine biological diversity.
(2) When the
Minister of Oceans and Fisheries, the heads of the relevant central
administrative agencies or the heads of local governments conclude a contract
on the management of marine biological diversity, they shall reimburse actual
expenses to any person whose profits from the relevant public waters or land
are reduced due to the implementation of such contract, in accordance with the
standards prescribed by Presidential Decree.
(3) Where any
party to a contract on the management of marine biological diversity intends to
terminate a contract, he or she shall notify the other parties of such fact
three months beforehand.
(4) Matters
necessary for the conclusion of a contract on the management of marine
biological diversity shall be prescribed by Presidential Decree.
Article 42 (Restrictions on Exports and Imports of Marine Organisms)
(1) Any one shall
obtain permission from the Minister of Oceans and Fisheries in any of the
following cases, in order to prevent damage to marine ecosystems and conserve
marine biological diversity: Provided, That where any one obtains permission or
approval under Article 39 of the Cultural Heritage Protection Act, Article 21
of the Wildlife Protection and Management Act, and Article 11 of the Act on the
Conservation and Use of Biological Diversity, he or she shall be deemed to have
obtained permission from the Minister of Oceans and Fisheries:
1. Where any one imports or brings in marine animals (including
processed products), the capture of which is prohibited or restricted under
Article 16 (3), from foreign nations;
2. Where any one exports, imports, ships out or brings in marine
organisms under protection (including easily recognizable parts, derivatives
and processed products), the capture or collection of which is restricted under
Article 20 (1);
3. Where any one exports, imports, ships out or brings in species
determined by Ordinance of the Ministry of Oceans and Fisheries, as likely to
significantly affect the conservation, management and sustainable use of marine
ecosystems and marine biological resources.
(2) The Minister
of Oceans and Fisheries may specify or restrict the methods, quantities,
regions of imports or shipments and business owners, etc. under paragraph (1),
as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(3) Where any
person, who obtains permission under the main clause of paragraph (1), falls
under any of the following cases, the Minister of Oceans and Fisheries may
revoke such permission: Provided, That where any one falls under subparagraph
1, he or she shall revoke such permission:
1. Where any one obtains permission by fraud or other improper
means;
2. Where any one violates permitted conditions, in exporting,
importing, shipping out or bringing in marine animals, etc. under any
subparagraph of paragraph (1).
CHAPTER VI MANAGEMENT OF MARINE ASSETS
Article 43 (Establishment and Operation of Facilities for Conserving
and Using Marine Ecosystems)
(1) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies or the heads of local governments may establish and operate the
following facilities (hereinafter referred to as "facilities for
conserving and using marine ecosystems"), for the conservation and
management of marine ecosystems and the sound use of the sea:
1. Facilities for conserving and managing marine ecosystems or
preventing damage to marine ecosystems;
2. Information facilities for the conservation and management of
marine ecosystems and facilities for using marine ecosystems, such as a wooden
bridge for observing natural ecosystems;
3. Educational facilities, PR facilities or management facilities
for conserving and using marine ecosystems, such as facilities for observing
marine ecosystems, the institute for the conservation of marine ecosystems and
a marine ecosystem learning institute;
4. Facilities for conserving and restoring ecosystems in protected
marine areas and City/Do protected marine areas;
5. Facilities for conserving and restoring landscape in areas for
protecting marine landscapes;
6. Other facilities for protecting marine assets.
(2) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies or the heads of local governments shall, before establishing and
operating facilities for conserving and using marine ecosystems under paragraph
(1), formulate plans on the establishment of such facilities and publicly
notify such plans, as prescribed by Ordinance of the Ministry of Oceans and
Fisheries.
(3) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies or the heads of local governments may collect charges from persons who
use facilities for conserving and using marine ecosystems established under
paragraph (1), by taking into account expenses incurred in the maintenance and
management thereof: Provided, That park areas designated under the Natural
Parks Acts shall be governed by the Natural Parks Acts.
(4) Matters
concerning the procedures for collecting charges under paragraph (3) and
reduction and exemption therefrom shall be prescribed by Ordinance of the
Ministry of Oceans and Fisheries: Provided, That facilities established by the
heads of local governments shall be prescribed by Municipal Ordinance of the
relevant local governments.
Article 44 (Designation and Management of Seaside Rest Areas)
(1) The heads of
local governments may designate places of high ecological and landscape values,
which are suitable for visiting marine ecosystems and giving an educational
program on marine ecosystems, from among regions which are not designated as
parks or tourist complexes under other statutes, as seaside rest areas, as
prescribed by Presidential Decree. In the case of privately-owned land, they
shall obtain the consent of its owner.
(2) The heads of
local governments may collect charges from persons who use the seaside rest
areas under the Municipal Ordinance, by taking into account expenses incurred
in the maintenance and management thereof, for the efficient management of
seaside rest areas designated under paragraph (1): Provided, That this shall
not apply where such areas are designated as parks or tourist complexes under
other statutes, after they have been designated as seaside rest areas.
(3) Management of
seaside rest areas under paragraphs (1) and (2) and other necessary matters
shall be prescribed by Municipal Ordinance of the relevant local governments.
Article 45 (Conservation of Marine Landscapes)
(1) The Minister
of Oceans and Fisheries, the heads of the relevant central administrative
agencies or the heads of local governments shall endeavor to ensure that major
landscape factors beside the seaside of high landscape values and under the sea
are not damaged or the visibility is not blocked.
(2) The heads of
local governments shall take measures necessary to preserve marine landscape,
in conducting development activities, etc., in accordance with the Municipal
Ordinance.
(3) The Minister
of Oceans and Fisheries may draw up guidelines necessary for conserving marine
landscapes and notify the heads of the relevant administrative agencies and the
heads of local governments of such guidelines.
Article 46 (Restoration of Marine Ecosystems)
(1) The Minister
of Oceans and Fisheries or the heads of local governments shall take necessary
measures to ensure that marine ecosystems of high ecological values are not
damaged, in conducting development activities, etc.
(2) The Minister
of Oceans and Fisheries may prepare measures to conserve and manage the
relevant marine ecosystems and implement such measures, in cooperation with the
heads of the relevant central administrative agencies and the heads of local governments
in the following cases:
1. Where the major habitats or spawning areas of marine organisms
under protection are destroyed or damaged, which endangers the existence of
species;
2. Where the parts of marine ecosystems maintaining primitiveness or
vulnerable marine ecosystems are destroyed, damaged or disturbed;
3. Where nature of high-level marine biological diversity or unique
nature is damaged;
4. Other regions prescribed by Presidential Decree as necessary for
the protection of marine ecosystems, such as seaside and habitats.
(3) The Minister
of Oceans and Fisheries or the heads of local governments shall formulate and
implement measures necessary to restore damaged marine ecosystems.
(4) The Minister
of Oceans and Fisheries may request the heads of the relevant central
administrative agencies or the heads of local governments, who formulate or
finalize business plans for development activities, etc. or who grant
permission for development activities, etc., to formulate and implement measure
to restore marine ecosystems.
(5) The Minister
of Oceans and Fisheries shall formulate and implement policies necessary to
conserve or restore marine ecosystems, such as the development of technology
for the restoration of marine ecosystems, projects for the restoration of
marine ecosystems and fostering of institutions specialized in the restoration
of marine ecosystems.
Article 47 (Preventing Damage to Marine Ecosystems in Public Waters)
The Minister of
Oceans and Fisheries or the heads of local governments may restrict changes in
the shape and quality of public waters, or entry, cooking and camping in public
waters, as prescribed by Presidential Decree, in the following cases, so as to
prevent damage to ecological or landscape values of public waters:
1. Where marine ecosystems are significantly damaged or a decrease
in marine biological resources is remarkable in public places, such as a beach
or mud flat;
2. Where regions or sea areas equivalent to those falling under
subparagraph 1 meet the standards prescribed by Presidential Decree.
Article 48 (Support for Marine Ecological Tourism)
(1) The Minister
of Oceans and Fisheries may support local governments, tourist business
entities and private organizations for the conservation and management of
marine ecosystems, in consultation with the Minister of Culture, Sports and
Tourism, so as to support ecologically sound and environmentally friendly
tourism (hereinafter referred to as "marine ecological tourism").
(2) The Minister
of Oceans and Fisheries may formulate and implement plans on educational
programs necessary for marine ecological tourism, the investigation and
discovery of marine ecological tourism resources and the establishment and
management of facilities for the sound use of marine ecological tourism
resources by nationals, or recommend the heads of local governments to
formulate and implement such plans, in cooperation with the Minister of
Culture, Sports and Tourism and the heads of local governments.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 49 (Marine Ecosystem Conservation Charges)
(1) The Minister
of Oceans and Fisheries shall impose and collect a marine ecosystem
conservation charge from any person who conducts development projects having
significant impacts on the marine ecosystems or causing a decrease in marine
biological diversity.
(2) Projects
subject to a marine ecosystem conservation charge under paragraph (1) shall be
as follows:
1. Development projects conducted in public waters, from among the
projects subject to impact assessment under Articles 22 and 42 of the
Environmental Impact Assessment Act;
2. Projects for exploring and mining in public waters, the scale of
which is not smaller than the scale prescribed by Presidential Decree, from
among mining businesses under subparagraph 2 of Article 3 of the Mining
Industry Act;
3. Projects subject to sea area utilization impact assessment under
Article 85 of the Marine Environment Management Act: Provided, That the use and
development of deep sea water under subparagraph 6 of the same Article shall be
excluded;
4. Other projects prescribed by Presidential Decree, from among
projects which remarkably affect marine ecosystems or projects using marine
assets in public waters.
(3) The marine
ecosystem conservation charge under paragraph (1) shall be calculated and
imposed by multiplying the damaged areas of the ecosystem by the amounts to be
imposed per unit area and regional coefficients: Provided, That projects
prescribed by Presidential Decree that are conducted for military purposes may
be exempt from the marine ecosystem conservation charge.
(4) Where the
amount of a marine ecosystem conservation charge to be imposed under paragraph
(1) exceeds the standard prescribed by Presidential Decree, the Minister of
Oceans and Fisheries may allow such amount to be paid in installments, as
prescribed by Presidential Decree.
(5) Procedures
for collecting marine ecosystem conservation charges under paragraph (1),
criteria for exemption, amounts to be imposed per unit area, and regional
coefficients shall be prescribed by Presidential Decree.
(6) The Minister
of Oceans and Fisheries shall pay marine ecosystem conservation charges under
paragraph (1) and additional charges under Article 51 (1) to the Fisheries
Development Fund under Article 46 of the Framework Act on Fisheries and Fishing
Villages Development.
(7) Where the
Minister of Oceans and Fisheries delegates his or her authority to collect
marine ecosystem conservation charges or additional charges to the Mayors/Do
Governors pursuant to Article 60 (1), he or she shall appropriate 10/100 of the
marine ecosystem conservation charges and additional charges collected as
revenue of a relevant Special Metropolitan City, Metropolitan City, Special
Self-Governing City, Do, or Special Self-Governing Province, and may allocate
up to 50/100 thereof to the Mayors/Do Governors having jurisdiction over the
relevant project areas, for the purpose of implementing projects for the
conservation and management of marine ecosystems prescribed by Presidential Decree.
(8) Where any
person who has paid a marine ecosystem conservation charge, or who has been
entrusted with implementing a project for the conservation and management of
marine ecosystems by a person who has paid a marine ecosystem conservation
charge and obtained a consent to the return of the charge, has implemented a
project for the conservation and management of marine ecosystems that are
prescribed by Presidential Decree, such as creating alternative marine
ecosystems and restoring marine ecosystems, after obtaining approval therefor
from the Minister of Oceans and Fisheries, the Minister of Oceans and Fisheries
may return some of the charge to the person.
(9) Matters
necessary for granting approval and returning marine ecosystem conservation
charges under paragraph (8) shall be prescribed by Presidential Decree.
Article 49-2 (Purposes of Marine Ecosystem Conservation Charges)
The marine
ecosystem conservation charge as specified in Article 49 (1) and the additional
charges under Article 51 (1) shall be used for the following purposes:
1. Projects to conserve and restore marine ecosystems and biological
species;
2. Support for conservation institutions other than habitats;
3. Implementation of management plans for protected marine areas
under Article 28;
4. Purchase of land, etc. under Article 33;
5. Implementation of projects listed in each subparagraph of Article
34 (1);
6. Establishment and operation of facilities to conserve and utilize
marine ecosystems under Article 43;
7. Restoration of marine ecosystems under Article 46;
8. Projects prescribed by Presidential Decree as necessary to
conserve and manage marine ecosystems, except those provided for in
subparagraphs 1 through 7.
Article 50 (Notification of Authorization or Permission for
Projects)
(1) The heads of
administrative agencies who have authorized or permitted the projects subject
to marine ecosystem conservation charges under Article 49 (2) shall notify the
Minister of Oceans and Fisheries of the business entities, details of projects,
scale of projects, etc. within 20 days from the date of such authorization or
permission.
(2) The Minister
of Oceans and Fisheries shall notify the business entities of matters regarding
the amount of marine ecosystem conservation charges, deadline for the payment
thereof, and the like within one month from the receipt of the notification
under paragraph (1). In such cases, the deadline for payment shall be three
months from the date of imposition of the marine ecosystem conservation charge.
(3) Such matters
as the details and methods of notification under paragraphs (1) and (2) shall
be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
Article 51 (Compulsory Collection of Marine Ecosystem Conservation
Charges)
(1) Where any
person obliged to pay the marine ecosystem conservation charge under Article 49
fails to make the payment by the deadline for payment, the Minister of Oceans
and Fisheries shall urge the person to pay the amount within a specified period
of at least 30 days. In such cases, with respect to the marine ecosystem
conservation charge in arrears, the amounts classified as follows shall be
imposed as additional charges:
1. Where the marine ecosystem conservation charge is paid within a
week after the deadline for payment passes: The amount equivalent to 1/100 of
the marine ecosystem conservation charge;
2. In cases other than those prescribed in subparagraph 1: The
amount equivalent to 3/100 of the marine ecosystem conservation charge.
(2) Where any
person urged to make a payment under paragraph (1) fails to pay the marine
ecosystem conservation charge and additional charge by the deadline, they may
be collected in the same manner as default national taxes are collected.
Article 52 (Cooperation with Relevant Agencies)
(1) The Minister
of Oceans and Fisheries may request the heads of the relevant central
administrative agencies or the heads of local governments to formulate
necessary polices or take measures concerning matters prescribed by
Presidential Decree, where it is deemed necessary for achieving the purposes of
this Act. In such cases, the heads of the relevant central administrative
agencies or the heads of local governments shall comply therewith, except under
special circumstances.
(2) The Minister
of Oceans and Fisheries shall evaluate the values and functions of marine
biological diversity for the conservation, management and sustainable use of
marine ecosystems, and endeavor to ensure that the heads of the relevant
central administrative agencies or the heads of local governments can use such
information.
Article 53 (Compensation for Loss)
(1) Any person
who suffers property loss under Articles 14 (1) and 27 (5) (including Municipal
Ordinance enacted in accordance with Article 27 (5) pursuant to Article 36 (5))
may claim compensation to the Minister of Oceans and Fisheries or Mayors/Do
Governors, as prescribed by Presidential Decree: Provided, That in cases of
compensation for fishing activities, Article 88 of the Fisheries Act or Article
67 of the Aquaculture Industry Development Act shall apply mutatis mutandis.
(2) The Minister
of Oceans and Fisheries or Mayors/Do Governors, upon receiving a request under
the main clause of paragraph (1), shall determine the amount of compensation
after consulting with an applicant within three months and notify the applicant
of such amount.
(3) Where a
consensus is not reached under paragraph (2), the Minister of Oceans and
Fisheries, Mayors/Do Governors or a requester may apply for adjudication with
the competent Land Tribunal, as prescribed by Presidential Decree.
Article 54 (State Subsidies)
The State may
subsidize all or part of the expenses associated with the conservation of
marine ecosystems for local governments or organizations which conduct the
following projects for the conservation and management of marine ecosystems:
1. Support for movements to protect marine ecosystems under Article
6;
2. Support for residents in protected marine areas and adjacent
areas under Article 34;
3. Establishment and operation of facilities for conserving and
using marine ecosystems under Article 43;
4. Projects falling under each subparagraph of Article 56;
5. Entrusted projects under Article 60 (3).
Article 55 (Symbolic Signs of Marine Ecosystems and Symbolic Species
of Local Governments)
(1) The State may
establish symbolic signs of marine ecosystems by type of region in regions
which need to conserve and manage marine ecosystems, such as protected marine
areas, and local governments may change and use parts of symbolic signs of
marine ecosystems by taking into account the characteristics of the areas under
their jurisdiction.
(2) Local
governments may designate important marine organisms or marine ecosystems,
which can represent the relevant regions, as the symbolic species or symbolic
marine ecosystems of the relevant local governments, and conserve or use such
species or ecosystems.
Article 56 (Support for Civil Organizations for Conservation and
Management of Marine Ecosystems)
The Minister of
Oceans and Fisheries may support civil organizations for the conservation and
management of marine ecosystems, engaged in the following activities to
conserve and manage marine ecosystems:
1. Cooperation and exchanges with international organizations and
agencies for the conservation of marine ecosystems;
2. Protection of marine organisms under protection;
3. Conservation of marine ecosystems and marine assets.
Article 57 (Honorary Instructors for Conservation of Marine
Ecosystems)
(1) The head of a
Si/Gun/Gu may appoint members of civil organizations for the conservation and
management of marine ecosystems or persons who faithfully conduct activities
for the conservation and management of marine ecosystems as honorary
instructors for the conservation of marine ecosystems, for instruction and
enlightenment concerning the conservation and management of marine ecosystems.
(2) A certificate
verifying the identification of honorary instructors for the conservation of
marine ecosystems shall be issued to honorary instructors for the conservation
of marine ecosystems, as prescribed by Ordinance of the Ministry of Oceans and
Fisheries.
(3) Such matters
as the methods of appointing honorary instructors for the conservation of
marine ecosystems and the scope of their activities shall be prescribed by
municipal ordinance of the relevant local governments.
Article 58 (Reporting)
The Minister of
Oceans and Fisheries shall submit reports on major plans for the conservation
of marine ecosystems and the outcomes of implementing such plans to the
National Assembly before the commencement of a regular session of the National
Assembly in the relevant year, every two years.
Article 59 (Hearings)
The Minister of
Oceans and Fisheries or Mayors/Do Governors shall hold a hearing, when revoking
designation or permission under Article 17 (3), 18 (4), 21 (1) and 42 (3).
Article 60 (Entrustment or Delegation of Authority)
(1) Part of the
authority of the Minister of Oceans and Fisheries under this Act may be
delegated to the heads of institutions belonging to the Ministry of Land,
Transport and Maritime Affairs or Mayors/Do Governors, as prescribed by
Presidential Decree.
(2) Mayors/Do
Governors may re-delegate part of authority which has been delegated to him or
her under paragraph (1) to the heads of Sis/Guns/Gus with the approval of the
Minister of Oceans and Fisheries.
(3) The Minister
of Oceans and Fisheries or Mayors/Do Governors may entrust part of his or her
tasks under this Act to the relevant specialized institutions or organizations,
as prescribed by Presidential Decree.
Article 60-2 (Re-Examination of Regulation)
The Minister of
Oceans and Fisheries shall examine the appropriateness of the imposition and
collection of marine ecosystem conservation charges under Article 49 every
three years, counting from July 1, 2015, and shall take measures, such as making
improvements.
CHAPTER VIII PENALTY PROVISIONS
Article 61 (Penalty Provisions)
Any of the
following persons shall be punished by imprisonment with labor for not more
than three years or by a fine not exceeding 30 million won:
1. Any person who captures marine mammals, in violation of
prohibitions and restrictions under Article 16 (3);
2. Any person who captures, collects or damages marine organisms
under protection, or who installs explosives, nets or fishing gear or uses
toxic substances or electric currents, so as to capture or damage marine
organisms under protection, in violation of Article 20 (1).
Article 62 (Penalty Provisions)
Any of the
following persons shall be punished by imprisonment with labor for not more
than two years or by a fine not exceeding 20 million won:
1. Any person who transplants, processes, distributes or stores
marine organisms under protection, in violation of Article 20 (1);
2. Any person who brings organisms disturbing marine ecosystems into
marine ecosystems and increases their habitats or numbers, in violation of Article
23 (1);
3. Any person who imports or brings in organisms disturbing marine
ecosystems without permission, in violation of Article 23 (2);
4. Any person who damages marine organisms or marine ecosystems in
areas for protecting marine organisms or areas for protecting marine
ecosystems, in violation of Article 27 (1) 1 through 5;
5. Any person who damages marine organisms or marine ecosystems in
areas for protecting marine organisms, in violation of Article 27 (3);
6. Any person who violates orders to suspend, restore or take
measures under Article 30;
7. Any person who imports or brings in marine animals from foreign
nations without permission, in violation of Article 42 (1) 1;
8. Any person who exports, imports, ships out or brings in marine
organisms under protection without permission, in violation of Article 42 (1)
2.
Article 63 (Penalty Provisions)
Any of the
following persons shall be punished by imprisonment with labor for not more
than one year or by a fine not exceeding 10 million won:
1. Any person who obtains permission for the capture or collection
of marine organisms under protection under the proviso of Article 20 (1) by
fraud or other improper means;
2. Any person who places an advertisement that is likely to
accelerate extinction or decrease of marine organisms under protection or
provoke the abuse thereof, in violation of Article 22 (1);
3. Any person who obtains permission for importing or bringing in
organisms disturbing marine ecosystems under Article 23 (2) by fraud or other
improper means;
4. Any person who damages the marine landscape in areas for
protecting marine landscape, in violation of Article 27 (1) 2 through 5;
5. Any person who obtains permission under Article 42 (1) 1 through
3 by fraud or other improper means;
6. Any person who exports, imports, ships out or brings in species
determined by Ordinance of the Ministry of Oceans and Fisheries without
permission, in violation of Article 42 (1) 3.
Article 63-2 (Aggravated Punishment of Capturing Marine Organisms
under Protection)
Where anyone is
punished by imprisonment with labor for committing a crime under subparagraph 2
of Article 61 or subparagraph 1 of Article 62 for the purpose of trade, he or
she shall be imposed concurrently by a fine more than two folds and less than
10 folds of the value which he or she has acquired or may acquire through such
trade.
[Previous Article
63-2 Moved to Article 63-3
Article 63-3 (Forfeiture and Levy)
(1) Any marine
organisms under protection, explosives, nets, fishing gear, or toxic substances
owned or possessed by a person who committed a crime under subparagraph 2 of
Article 61 or subparagraph 1 of Article 62 may be forfeited.
(2) Where any
marine organisms under protection, explosives, nets, fishing gear, or toxic
substances pursuant to paragraph (1) cannot be forfeited as a whole or in part,
the value thereof shall be levied as a penalty.
[This Article Moved
from Article 63-2
Article 64 (Joint Penalty Provisions)
If the
representative of a corporation, or an agent, an employee or any other employed
person of the corporation or an individual commits such act as prescribed in
Articles 61 through 63, in connection with the duties of the said corporation
or individual, not only such an actor shall be punished accordingly, but also
the corporation or individual shall be punished by a fine under the same
Article: Provided, That the same shall not apply where the corporation or
individual has not neglected to exercise due diligence and supervision over the
relevant duties in order to prevent such violation.
Article 65 (Administrative Fines)
(1) Any person
who violates a measure taken by a Mayor/Do Governor under Article 36 (5)
(limited to the parts related to the provisions of Articles 27 and 30) shall be
subject to an administrative fine not exceeding 10 million won.
(2) Any of the
following persons shall be subject to an administrative fine not exceeding two
million won:
1. Any person who refuses, obstructs, or evades access,
investigation or observation and the change or removal of any obstacle, etc.
without good cause, in violation of Article 14 (3);
2. Any person who captures a migratory marine animal, in violation
of prohibitions or restrictions under Article 16 (3);
3. Any person who fails to report the outcome of the capture or
collection of marine organisms under protection, in violation of Article 20
(4);
4. Any person who fails to report on the storage of marine organisms
under protection, in violation of Article 20 (5);
5. Any person who performs any act that is likely to interrupt or
disturb the migration or feeding activities of marine organisms under
protection, in violation of Article 22 (2);
6. Any person who violates the restrictions on changing the shape
and quality of public waters, or entry into, or cooking or camping in public
waters under Article 47.
(3) Any of the
following persons shall be subject to an administrative fine not exceeding one
million won:
1. Any person who fails to carry a permit, in violation of Article
20 (4);
2. Any person who fails to return a permit, in violation of Article
21 (2);
3. Any person who violates a restriction on an act under Article 27
(1) 6 through 8;
4. Any person who violates a restriction on development activities
or fishing activities under Article 27 (5).
(4)
Administrative fines under paragraphs (1) through (3) shall be imposed and
collected by the Minister of Oceans and Fisheries or the heads of local
governments, as prescribed by Presidential Decree.
(5) Deleted.
(6) Deleted.
(7) Deleted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition and Collection of Marine
Ecosystem Conservation Levy)
@Article
49 shall begin to apply to the first development project which applies for
authorization or permission, after this Act enters into force.
Article 3 (Transitional Measures concerning Basic Investigation of
Marine Ecosystems)
Any
investigation into the natural environment in the sea, conducted under Article
30 of the Natural Environment Conservation Act at the time this Act enters into
force, shall be deemed a basic investigation into marine ecosystems under
Article 10.
Article 4 (Transitional Measures concerning Prohibitions against
Capture of Marine Animals)
Migratory
marine animals and marine mammals, the capture of which is prohibited under
Article 19 of the Wild Flora and Fauna Protection Act, at the time this Act
enters into force, shall be deemed to be prohibited from being captured under
Article 16 (3).
Article 5 (Transitional Measures concerning Conservation
Institutions other than Habitats)
Conservation
institutions other than habitats designated under Article 7 of the previous
Wild Flora and Fauna Protection Act, at the time this Act enters into force,
shall be deemed designated as conservation institutions other than habitats
under Article 17.
Article 6 (Transitional Measures concerning Protected Marine Areas)
Areas for
conserving ecosystems and landscape, designated and notified by the Minister of
Maritime Affairs and Fisheries under Articles 12 (1) and (2) and 13 (3) of the
Natural Environment Conservation Act, at the time this Act enters into force,
shall be deemed designated and notified as protected marine areas under
Articles 25 (1) and (2) and 26 (3).
Article 7 (Transitional Measures concerning Exports and Imports,
etc. of Marine Animals and Marine Biological Resources)
When any
one receives permission or approval to export, import, ship out or bring in
under Article 21 of the Cultural Heritage Protection Act and Articles 21 and 41
of the Wild Flora and Fauna Protection Act, at the time when this Act enters
into force, he/she shall be deemed to obtain permission under Article 42 (1).
Article 8 (Transitional Measures concerning Ongoing Acts)
Dispositions,
such as authorization, permission and designation under the Natural Environment
Conservation Act and the Wild Flora and Fauna Protection Act, before this Act
enters into force, and other acts committed by or against administrative
agencies shall be deemed dispositions and acts committed by or against
administrative agencies under this Act, if any corresponding provision exists
in this Act.
Article 9 (Transitional Measures concerning Application of Penalty
Provisions)
The
application of penalty provisions or administrative fines to violations against
the Natural Environment Conservation Act or the Wild Flora and Fauna Protection
Act, before this Act enters into force, shall be governed by the Natural
Environment Conservation Act or the Protection of Wild Fauna and Flora Act.
Article 10 Omitted.
Article 11 (Relations with other Acts)
A citation
of the provisions of the Natural Environment Conservation Act or the Wild Flora
and Fauna Protection Act by any other statutes in force in connection with
marine ecosystems, at the time when this Act enters into force, shall be deemed
a citation of this Act or the corresponding provision hereof in lieu of the
former provision, if any corresponding provision exists in this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 24 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date when the protocol takes effect in the
Republic of Korea.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation.
Article 2 (Applicability to Projects Subject to Imposition of Marine
Ecosystem Conservation Levy)
The
amended provisions of Article 49 (2) 3 shall apply to the development projects
for which permits, etc. are applied for on or after the date this Act enters
into force.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
(Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
(1) This
Act shall enter into force on the date of its promulgation.
(2)
Omitted.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That Article
2 of the Addenda shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Additional Charges)
Previous
provisions shall apply to the standard of imposing additional charges to any
person who is urged to make a payment of the marine ecosystem conservation levy
before this Act enters into force, notwithstanding the amended provisions of
Article 51 (1).
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
ADDENDUM
This Act shall enter into force on the
date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability on Imposition and Collection of Marine
Ecosystem Conservation Levy)
The
amended provisions of Article 49 (3) shall apply to the project which is
firstly permitted, approved or designated on or after this Act enters into
force.
Article 3 (Transitional Measures concerning Entrustment of Affairs
on National Comprehensive Investigation into Marine Ecosystems)
An
institution or organization entrusted with the affairs on a basic investigation
into marine ecosystems under Article 10 (1), a investigation and observation of
protected marine areas under Article 29 (1), a research under Article 39 (2)
and a basic investigation under Article 4 of the Wetlands Conservation Act as
at the time this Act enters into force, shall be deemed an institution or
organization entrusted with the affairs on a national comprehensive
investigation into marine ecosystems under the amended provisions of Article 10
(1).
Article 4 (Transitional Measures concerning Administrative
Disposition)
With
respect to the administrative disposition against the violation incurred before
this Act enters into force, the former provisions shall apply.
Article 5 (Transitional Measures concerning Penalty)
With
respect to the penalty against the violation incurred before this Act enters
into force, the former provisions shall apply.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation: Provided,
That
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Marine Ecosystem Conservation
Levy)
The
amended provisions of Article 49 (6) shall apply to the marine ecosystem
conservation levy which is first imposed or collected on or after this Act
enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment in Installments of Marine
Ecosystem Conservation Levy)
The
amended provisions of Article 49 (4) shall begin to apply to a marine ecosystem
conservation levy, the payment deadline of which has yet to arrive as at the
time this Act enters into force.
Article 3 Omitted.
ADDENDUM
This Act shall enter into force on the
date of promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM
This Act shall enter into force on the
date of promulgation.
ADDENDUM
This Act shall enter into force six
months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 40 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Marine Ecosystem
Conservation Levy)
Any marine
ecosystem conservation cooperation levy imposed before this Act enters into
force shall be deemed a marine ecosystem conservation charge imposed under this
Act.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
If the
"marine ecosystem conservation levy" is cited in other statutes or
regulations as at the time this Act enters into force, the "marine
ecosystem conservation charge" under this Act shall be deemed cited.
Last updated : 2023-06-21
[Source: https://elaw.klri.re.kr/kor_service/lawView.do?lang=ENG&hseq=61419]