불법어업에 대한 효율적 규제방안에 관한 연구

Abstract

Today, fishing resources are at a crossroads, their recovery or depletion depends upon international interest and a great management effort by all of mankind for sustainable utilization. To do this, each government enacts fishing-related laws to conserve its resources. However, recently illegal fishing is being committed as a result of changes in the economic and social framework of Korea, and its mainly due to a reduction of marine living resources, lack of a law-abiding spirit and alienation between related laws and reality.

This paper suggests improved methods to fight illegal fishing by revising or enacting fisheries-related laws in an attempt to continuously develop our nation's fisheries industry, by establishing fishing control and fundamentally detering illegal fishing.

This paper consists of 5 chapters.

The 1st chapter, establishes the scope and methods to find a solution of illegal fishing problems which are having a bad influence upon conservation of fisheries resources and the government's fisheries policies.

The 2nd chapter, analyses and reviews the causes and problems of illegal fishing by defining the conception of illegal fishing activities and clarifying types of illegal fisheries activities.

In the 3rd chapter, I will analyze the problems of the application and scope of fishing crimes and the denominations of penalties to fishing offenders by studying regulations of fishing-related laws for the preservation and management of our fisheries resources.

The 4th chapter, suggests detailed methods to deter illegal fishing by summarizing this study to combat fishing crimes, which continue to occur despite the continuous government-lead efforts to deter illegal fishing.

In the 5th chapter, I will summarize the result of this study and suggest improved methods to deter illegal fishing.

First, we should resist strongly against large-scale illegal fishing by considering methods of direct penalties for corporations that break the fishing laws.

Second, the gap which exist between the law and reality concerning fishing grounds needs to be entirely amended.

Third, directly related-acts with conservation and management of fishing resources need to be added and inserted into the confiscation act by revising to control illegal fishing because of the limits of the main acts of fisheries law.

Fourth, it seems desirable to control horse power regulation in the light of actual fishing effort which was never enacted before.

Fifth, if the illegal fishing is serious and clear, there should be strong and firm punishment. In addition there is a need to appeal to the public for help in preventing illegal fishing through active publicity and administrative guidance by changing their attitude towards illegal fishing.

Sixth, unlicensed small-scale trawl fishing should be legalized by pursuing a sustained and rational fishing restructure to prevent fundamental illegal fishing.

Seventh, we should form a group of specialized police, prosecutors and fishery supervision officers, and combine fishing inspection(patrol) boats and personnel under the Ministry of Maritime Affairs & Fisheries and National Maritime Police Agency and should give them a main mission(supervision rights) against illegal fishing in costal and offshore areas. In the case of demarcated and fishing boats for fishery rights the main responsibility should be given to the inspection officers, which belong to each local government such as city, province etc. By doing this, it is desirable to rebuild the organization by establishing dualism to control illegal fishing.

Eighth, the fishing management system which centers on fishing laws is very complicated. Therefore, the articles related to reproduction and conservation of fishing resources should be to transfer a fisheries resource protection decree. It also needs independent law reform.