Abstract

The drastic change in Korea's IUU fishing control system was caused by external factors such as preliminary designation of IUU fishing countries, and the contents were rapidly reorganized to meet the international level, which differed from the perception of the ocean industry. In this study, in order to more actively participate in all efforts to prevent IUU fishing by the international community, domestic laws and institutional improvement measures in Korea were proposed. as follows; First, four improvement measures were proposed as institutional improvement measures. Although each plan has advantages and disadvantages, the most reasonable alternative is to establish a (tentative name) Distant Water Fisheries Management Center belonging to the Ministry of Oceans and Fisheries to focus, systematically, and efficiently search institutions that played a distributed role. Through this, it is expected that maximizing capabilities by synthesizing distributed functions will overcome the problems of the existing system. Second, compared to the maximum monetary punishment limit for IUU fishing in major countries, fines and penalties can be imposed simultaneously on IUU fishing under the Korea Distant Water fisheries Development Act, and the limit is high, so it is necessary to review the easing of the maximum fine limit. Third, when fines other than Article 33 (Penalty) of the Distant Water fisheries Development Act are imposed, an amendment to the Enforcement Decree was proposed in preparation for the treatment of catches. Fourth, in order to increase the efficiency of the port country search system, a plan to produce a risk analysis matrix suitable for domestic conditions was proposed, as in the case of the United States. Fifth, for the exercise of authority of fishing surveillance, supervision, and control officials and port bureau search officials, the 「Act on the arrival, departure, etc. of ships」 and 「Act on the persons performing the duties of judicial police officers and the scope of their duties」related to port bureau search were proposed.Sixth, as a way to strengthen the follow-up management of punishment for captains who participated in IUU fishing, as shown in China's "Distant Fisheries Management Regulations", a plan to strengthen human punishment for individual captains was proposed. Seventh, in order to strengthen its role as a port state, it was suggested to prepare a revised 'pre-entry declaration' that requires more details on incoming ships. In preparation for rapid changes in the international maritime order, it is necessary to actively participate in international efforts to prevent IUU fishing through structural readjustment of the oceanic industry and education and promotion of employees in overseas fisheries industry.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call