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Nature & Ecosystem

Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research

Conservation and Management of Marine Ecosystems Act
  • Date2023-07-07 11:19
  • TypeLaw
  • View109

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   the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.

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   the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.

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]