낚시어선 개념의 재정립과 법제 정비에 관한 연구

손영태 해양환경안전학회 2023 해양환경안전학회지 Vol.29 No.6

낚시어선 제도를 도입하게 된 근본 배경에는 평상시 어선으로 순수 어업활동을 영위하다 특정한 시기(금어기 등)에 한해 낚시어선업을 겸업할 수 있도록 하여 영세 어업인의 경제활동에 대한 보조 수단적 자격을 부여하기 위한 것으로 하고 있다. 그리고 여기에서의 낚시어선은 「어선법」에 따라 등록된 어선을 사용하여 유선(遊船) 행위를 할 수 있도록 한 것이므로 낚시어선의 형태 또한 관련 규정에 따라 실질적으로 현장에서 어로활동을 하기에 용이한 일반 보편적인 구조를 가지고 있어야 한다. 그러나 현재 대부분의 낚시어선업자는 소득증대에만 중점을 두면서 일반적인 어선 본래의 용도에 맞게 합당한 형태로 낚시어선을 건조하기보다는 낚시어선업에 치우친 편향된 선체구조를 가지는 등 편법에 준하는 비정상적인 선형을 선호하고 있다. 그 결과, 전체 어업활동 중 낚시어선업을 일부 겸업(부업) 정도로만 여기고 있는 어선 세력들과의 갈등[정부 지원책(면세유 공급 등)에 대한 상대적 형평성 훼손 및 생계형 어족자원 고갈 등]은 물론이고 안전관리에 있어서도 심각한 문제를 일으키고 있는 실정이다. 한편, 이 같은 문제를 야기 시키는 가장 근본적인 원인은 현행 「낚시 관리 및 육성법」에서 낚시어선의 개념을 「어선법」에 따라 등록된 어선으로 제한하고, 또한 이에 따른 검사기준 등을 적용하는 것에서 비롯되고 있다 할 것이다. 이에 따라 본 논문에서는 낚시어선의 분포 현황, 구조적 특성, 낚시어선의 운용실태 및 정부의 낚시진흥 정책 등에 대한 분석을 통해 낚시어선에 대한 개념을 현실정에 맞게 관련 법제(규정) 등을 재정비하여 현재의 낚시어선을 어선으로부터 완전히 분리시켜 낚시전용 선박으로 운용하기 위한 개선방안을 제시하고자 한다. The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

어촌뉴딜 연계방안을 통한 경관디자인 개선방안 연구 - 강원도 양양군 기사문항 어촌뉴딜 300 사업을 중심으로 -

이종호 커뮤니케이션디자인학회(구 시각디자인학회) 2020 커뮤니케이션 디자인학연구 Vol.73 No.-

어촌뉴딜 300 사업은 2019년부터 2022년까지 해양수산부가 낙후된 어촌과 어항을 지역 특성에 맞게 개발하는 국책사업이다. 본 연구는 지역의 어촌뉴딜 성과 달성을 위한 지역주민의 지역역량강화 사업의 정책과 교육관련 사업의 동향을 살피고, 어촌뉴딜 300 사업의 현황과 정책목표를 이해한 후, 양양군 기사문항의 어촌 활성화 방안에 관한 지역역량강화(S/W)사업의 다양성과 전문성을 제고하기 위한 연구에 목표를 두고 있다. 도시어항의 경우 주민의 과반수이상이 어업활동을 하지 않는 도시민으로 채워져 실제로는 전통적 공동체가 해체되고 있으며 먹거리 위주의 획일적 개발로 지역별 정체성을 상실한 어촌 경관이 형성되고 있다. 본 연구는 수변공간의 적극적 개발로 새로운 기능을 가진 도시어항, 경제적·문화적 특성을 살린 복합기능의 지역어항으로 변화하기 위한 지속가능한 도시어항 재생을 위한 경관디자인을 제시하였다. 제시한 어촌경관계획 및 지역역량강화 프로그램은 어촌고유의 지역성을 강화하여야 한다. 주민들이 직접 참여하는 주민 참여형 디자인 전략과 각 도시어촌이 갖고 있는 고유의 정체성을 표출할 수 있는 방법으로 추진되어야 한다. 어촌 지역민의 정주 환경개선으로 삶의 질을 제고하여 살기 좋고, 찾고 싶은 어촌지역을 만들기 위한 일환으로 어촌지역의 활성화에 기여할 수 있는 지속 발전 가능한 자료로 연구되었다. The Fishing Village New Deal 300 project is a national project for the Ministry of Oceans and Fisheries to develop underdeveloped fishing villages and fishing ports from 2019 to 2022 according to regional characteristics. This study studied the policy of local residents' regional competency enhancement projects and the trends of education-related projects to achieve the results of the local fishing village New Deal. Understand the current status and policy goals of the Fishing Village New Deal 300 project. Based on this, the goal is to research to enhance the diversity and expertise of the regional competency enhancement (S/W) project on the plan to revitalize the fishing village of Yangyang-gun article questions. In the case of urban fishing ports, more than half of the residents are occupied by urban residents who do not engage in fishing. In reality, traditional communities are being disbanded. This study proposed a landscape design for sustainable urban fishing port regeneration to transform into an urban fishing port with new functions through active development of a waterfront space, and a regional fishing port with complex functions utilizing economic and cultural characteristics. The proposed fishing village landscape plan and regional capability enhancement program should strengthen the locality of the fishing village. It should be promoted in a way to express the unique identity of each urban fishing village and a resident participatory design strategy in which residents directly participate. The study was conducted as a sustainable data that can contribute to the vitalization of fishing villages as a part of improving the quality of life by improving the settlement environment of the fishing village residents to make the fishing village where they live and want to find.

제주특별자치도의 낚시 통제구역 설정에 관한 연구

구명성,김석종 한국수산해양기술학회 2015 수산해양기술연구 Vol.51 No.3

As a series of research plan, this study is to provide basic data necessary for the development of fishing industry which will contribute in establishing sound fishing culture in Jeju island through systematic management of fishing, protection of fishery resources and establishment of safety measures for fishermen in accordance with ‘Fishing Management and Support Act’. To attain the proposed objective, this study conducted literature review and surveys on restriction standards of harmful substances generated from fishing equipment and baits, examined the current status of fishing management in popular fishing sites of other cities, and then reviewed and analyzed the fishing management and fishing–restriction zones in Jeju island. The survey on the opinions on the restriction criteria of fishing methods, tools and period, including the acceptable standards for harmful substances showed that general fishermen preferred ‘alleviating the measure (44.8%)’ to ‘aggravating the measure (23.0%)’. Meanwhile, maritime police showed dominant opinion toward ‘aggravating the restriction (52.2%)’ over ‘alleviating the measure (4.3%)’. Furthermore, fishing–related enterprise is favored ‘aggravating the restriction (32.6%)’ over ‘alleviatingthe measure (27.9%)’. In the survey on the tolerance of fishing baits including criterion for content of certain substance in different types of bait, it showed 57.5% of general fishermen preferred alleviating restriction criteria while 20.7% of them favored tougher restriction. Whereas, 33.3% of maritime police group insisted such fishing baits should be more restricted while 16.7% answered it should be alleviated. 35.9% of fishing–related enterprise was in favor of alleviation while 14.3% preferred aggravation. Upon investigation on the status of fishing management in other cities and towns, it turned out that most of them had safety and convenience facilities, installed warning and guide signs in fishing sites, and set no fishing zones. The review of fishing management and restricted area showed that 10 sites required access restriction and 2 of 10 sites were considered to be partially restricted for weather and season. 82 fishing sites were regarded as unnecessary to be restricted and installation of safety facility and guide signs is necessary for the safety of fishermen.

제주특별자치도의 낚시 통제구역 설정에 관한 연구

구명성 ( Myung Sung Koo ),김석종 ( Suk Jong Kim ) 한국수산해양기술학회 2015 수산해양기술연구 Vol.51 No.3

As a series of research plan, this study is to provide basic data necessary for the development of fishing industry which will contribute in establishing sound fishing culture in Jeju island through systematic management of fishing, protection of fishery resources and establishment of safety measures for fishermen in accordance with ‘Fishing Management and Support Act’. To attain the proposed objective, this study conducted literature review and surveys on restriction standards of harmful substances generated from fishing equipment and baits, examined the current status of fishing management in popular fishing sites of other cities, and then reviewed and analyzed the fishing management and fishing-restriction zones in Jeju island. The survey on the opinions on the restriction criteria of fishing methods, tools and period, including the acceptable standards for harmful substances showed that general fishermen preferred ‘alleviating the measure (44.8%)’ to ‘aggravating the measure (23.0%)’. Meanwhile, maritime police showed dominant opinion toward ‘aggravating the restriction (52.2%)’ over ‘alleviating the measure (4.3%)’. Furthermore, fishing-related enterprise is favored ‘aggravating the restriction (32.6%)’ over ‘alleviating the measure (27.9%)’. In the survey on the tolerance of fishing baits including criterion for content of certain substance in different types of bait, it showed 57.5% of general fishermen preferred alleviating restriction criteria while 20.7% of them favored tougher restriction. Whereas, 33.3% of maritime police group insisted such fishing baits should be more restricted while 16.7% answered it should be alleviated. 35.9% of fishing-related enterprise was in favor of alleviation while 14.3% preferred aggravation. Upon investigation on the status of fishing management in other cities and towns, it turned out that most of them had safety and convenience facilities, installed warning and guide signs in fishing sites, and set no fishing zones. The review of fishing management and restricted area showed that 10 sites required access restriction and 2 of 10 sites were considered to be partially restricted for weather and season. 82 fishing sites were regarded as unnecessary to be restricted and installation of safety facility and guide signs is necessary for the safety of fishermen.

해상법상 어선의 법적 지위에 관한 연구

양석완 ( Yang Seok-wan ) 제주대학교 법과정책연구원 2016 法과 政策 Vol.22 No.2

Fishing vessel personnel responsible for the navigation and operation of fishing vessels should possess sufficient knowledge of the rules and regulations or agreements affecting fishing in the fishing vessel``s area of operation, particular attention should be paid to the 8(f) of International Regulations for Preventing Collisions at Sea, 1972 in 1987 revision. A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in 1972 COLREG. And the term ‘vessel engaged in fishing’ means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuverability. A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other. A vessel proceeding along the course of a narrow channel or traffic separation schemes shall keep as near to the outer limit or the channel or fairway of traffic separation schemes which lies on her starboard side as is safe and practicable.

레포츠피싱을 통한 어가소득 증대에 관한 연구

박성쾌(Seong Kwae PARK),김수진(Soo Jin KIM),김영자(Young Ja KIM) 한국수산해양교육학회 2007 水産海洋敎育硏究 Vol.19 No.2

This study aims at analyzing the potential of leports-fishing for improving fishing household income. Leports-fishing is a composite concept which is combined with those of leisure, sports and fishing. Korean on-shore resources have also a composite characteristic. The properties of the east, west and south coastal waters are quite different in geography, biology and ecology. There is a array of leports-fishing development potentials of utilizing their characteristics. At present, angling forms a main activity of leports-fishing, but coastal seas would be an emerging space for the public. In order for them to be a ground of fun, enjoyment and festivals, it would be necessary to supply a wide range of activities and facilities including angling, scuba diving, fish barbecue, ecological experience, fishing experience, cruise, and so forth. As seen in the survey results, the participants have strong desire for fun and enjoyment through leports-fishing activities. The proportion of people participating in one or two times a year amounts to 40 percent. Most coastal places visited are close to medium/large cities and two-days leports-fishing/tourism accounts for some 77 percent. However, it turned out that conflicts between leports-fishing participants and fishermen are not serious. The results of expenditure function estimation appear that the elasticity of per capita income is very high with 1.2660 and that there are negative relationships between leports-fishing expenditure and transportation/food/lodging costs. Assuming the annual national economic growth rate of 4 percent, it is anticipated that Korean leports-fishing population will increase to 3.18 million in 2010 and 4.07 million in 2015. Korean leports-fishing market potential in 2015, which is calculated based on per capita expenditure on leports-fishing, appears to amount to 1,400 billion won∼1,600 billion won. The contribution of such market potential to the fishing households is expected to be 62.3∼74.2 percent(934.5 billion won∼111.3 billion won).

해양낚시(해양유어)의 제도적 관리 타당성에 관한 공공경제학 및 환경경제학적 분석연구

이상고 ( Sang Go Lee ) 한국수산경영학회 2003 수산경영론집 Vol.34 No.1

Increasingly, leisure time is being used for outdoor recreational activities, and fishing is one of the principal forms of marine recreation. Marine recreational fishing is a popular activity in Korea and this activity has led to the development of a sector of substantial social and economic value. Also it is considered as one of the important outdoor leisure industries in Korea. With rising of income level and development of marine outdoor leisure industries, social, economic demand increase of marine recreational fishing are showing us new advance ability of marine aquatic bio-industry. However the recreational use of fish stocks has become an important consideration in the public and environmental economic analysis of management aspect of fishing, having grown considerably over recent years to reach a level in Korea where the fish stocks and coastal ecosystem has become a significant management problem. We are inevitably facing marine environmental deterioration and overfishing in marine recreational fishing. In this study, not only resources and environmental problems which are occurred by recreational fishers, but also illegal fishing behaviors and other problems such as market`s failure are going to analyze basic management theories and methods of recreational fishing through mathematical principals and economic rents which maximize net social benefits. In view of the likelihood of marine recreational fishers adopting high rates of discount, the conservation of fish resources would appear to require continual public surveillance and control of the physical yield and condition of the fish stocks and the optimal use level. The institutional management of recreational fisheries is the way of escaping the collapse of recreational fisheries just like as the situation of management`s failure of commercial fisheries worldwide. One of the effective management measure is a license system. In this system, optimal fee is paid by recreational fishers, which prevent them from overfishing, environmental problems to some extents and carry out the optimal number of outings. And money obtained by license fee should be spent for more improvement fishing culture and welfare for marine recreational fishing. Marine recreational fishing is to be promoted under sound conservation and management principles.

미국의 낚시면허제도의 한국에 도입에 관한 소고

소병천 ( So Byung-chun ) 한국외국어대학교 법학연구소 2006 외법논집 Vol.24 No.-

Sport fishing is one of popular leisure activities in the mass of Korean. It is expected that fishing population is increasing for the 5-days working system and out-door well-being life trends. Likewise, it also raises that environmental problems around fishing places, exhausting of fish resource, and disputes between sport fishermen and commercial fishermen on limited fish resources. However, there is no independent and systematic legal system to regulate sport fishing rather than commercial fishing. No government control exclusively the whole subjects of sport fishing; moreover, these matters are spreaded out among five departments controls. For these reason, government has been preparing fishing license system modeled after American system. In order to fish, it is necessary for anyone to get a license with adequate payment from the government in the fishing license system. The United States has operated the sport fishing license program for around 100 years. The United States began the fishing license system with resistance of citizens and systematic problems such as its enforcement issue; however, most of states of America and even a federal government have the fishing license system. This short paper studies American fishing license system for introduction into Korean legal system with comparative point of view. Especially, it explores legitimacy of the fishing license system, its application scope with personal matters and physical areas matters, issuing subjects and procedures, and its enforcement.

레포츠피싱을 통한 어가소득 증대에 관한 연구

박성쾌 ( Seong Kwae Park ) 한국수산경영학회 2007 춘계학술발표회 Vol.2007 No.-

This study aims at analyzing the potential of leports-fishing for improving fishing household income. Leports-fishing is a composite concept which is combined with those of leisure, sports and fishing. Korean on-shore resources have also a composite characteristic. The characteristics of the east, west and south coastal waters are quite different in geography, biology and ecology. There is a array of leports-fishing development potentials of utilizing their characteristics. At present, angling forms a main activity of leports-fishing, but coastal seas would be an emerging space for the public. In order for them to be a ground of fun, enjoyment and festivals, there would be necessary to supply a wide range of activities including angling, scuba diving, fish barbecue, ecological experience, fishing experience, cruise, and so forth. As seen in the survey results, the participants have strong desire for fun and enjoyment through leports-fishing activities. The proportion of people participating in one or two times a year amounts to 40 percent. Most coastal places visited are close to medium/large cities and two-days leports-fishing/tourism accounts for some 77 percent. However, it is shown that conflicts between leports-fishing participants and fishermen are not serious. The results of expenditure function estimation appear that the elasticity of per capita income is very high with 1.2660 and that there are negative relationships between leports-fishing expenditure and transportation/food/lodging costs. Assuming the economic growth rate of 4 percent, it is anticipated that Korean leports-fishing population will increase to 3.18 million in 2010 and 4.07 million in 2015. Korean leports-fishing market potential in 2015, which is calcujated based on per capita expenditure on leports-fishing appeared to be 1,400 billion won-1,600 billion won. The contribution of such market potential is expected to be 62.3-74.2 percent(934.5 billion won-111.3 billion won) to the fishing households.

국제수산기구에 있어서 어업실체의 법적 지위

정갑용(Jeong, Gab Yong) 한국토지공법학회 2009 土地公法硏究 Vol.43 No.3

From ancient times, fishing has been a major source of food, the welath of aquatic resources was assumed to be an unlimited gift of nature. However, with the dynamic development of fishing skills need to provide a new framework fo the better management of marine resources. Traditionally, the subjects in international law have been considered to be states, while “Fishing Entities” have been regard as subject of international law only since 1990's and proliferation of the various international organizations. The past decade vast changes has happened in the new international law of the high seas fishing, the old aged “freedom of fishing” has changed into the “international management system”. “Fishing Entities” as subjects of international law has been changed rapidly, in particular Taiwan is regared as an “Fishing Entities” in several regional fishery management organizations (RFMOs). This study is aimed to analyze the legal concept of the “Fishing Entities(Case of the Taiwan) in the international fishery management organization, especially, 1995 UNFSA, FAO-COFI, CCSBT, WCPFC, IATTC, ICCAT, IOTC. The legal capacity and personality of the “Fishing Entities” depends on the convention of the specific RFMO, is composed of various factors that are name, position, participation and vote in the Commission and Sub-Committee, measures of conservation and management (boarding and inspection, VMS, scientific observer, control on the fishing vessel, port state control, collection and report of the scientific statistics, quotas, limits of the fishing vessels and their capacities, amendment of the Convention, etc.. It appears that claiming and fighting for a status as an “Fishing Entities” in the future, strengthens the “personality” and “legal capacity” of it as a subject of international law in various RFMOs. As a conclusion, Korea is a major high seas fishing country, it needs to promote mutual cooperation concerning high seas fishing and strengthen the good relationship of fisheries management between Korea and Taiwan.