• Journal of the Korean Society of Marine Environment & Safety
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• v.6 no.1
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• pp.99-109
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• 2000

The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

• Journal of Fisheries and Marine Sciences Education
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• v.3 no.1
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• pp.9-20
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• 1991

The authors investigated the existing international fishery relationship in the sea around the Korean Peninsula, and prospected on the reformation of the fishery order which might be followed by mutation of the international political condition and by effectuation of the U.N. Convention on the Law of the Sea in the future. It can be explained that the existing international fishery order in this sea has been constituted on the basis of restricting Japanese indiscriminate fishery expansion. But. when the South Korea and China proclaim the 200-mile EEZ in the future, a considerable part of existing fishery agreements will forfeit the role as general norms of the international fishery relationship. Accordingly a counterplan against the revision or abrogation of the Korea-Japan Fishery Agreement must be considered. And also a rational fishery relationship between Korea and China, as confronting countries, must be organized. The South-North Korea fishery relationship must be settled on the basis of co-operation. trust, and common interest. For this purpose, a political discussion on the establishment of the joint fishery zone around the military demarcation line and on the conservation for the fishery resources must be begun in earnest.

• The Journal of Fisheries Business Administration
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• v.45 no.3
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• pp.19-37
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• 2014

This study is to focus on the status of implementation of bilateral-fishery order based on the Korea-China fisheries agreement and aims to improve fisheries relationship between two countries. Korea-China Fisheries Agreement entered into force in 2001, and serves as a basic framework of the bilateral fisheries order. However, the fishing order between Korea and China has the following limitations. First, it is standstill of joint response for a practical resource management. Second, there are still gaps between the quotas of mutual accord fishing and fishing operation work performance. Third, China's illegal fishing is taking place consistently. Fourth, the effective cooperation between two countries in fisheries is not carried out. Finally, the Korea has faced difficult situations to adhere to a balanced position in the fishery negotiations due to conflicting positions on China and Japan. In order to solve these problems, the fishing order between Korea and China will be able to maintain the competitiveness of Korean fishery sector by reinforcing Korea's fishing sovereignty, Korea and China, based on trust and cooperation, will make efforts to improve bilateral fisheries relations to maximize mutual benefit in fishery sector. Specifically, first, the two countries should strengthen the resources management based on the scientific research and the improvement of imbalance of the mutual agreed fishing in EEZ. Second, Korea has to achieve our targeted performance of fishing operation and establish a joint resources management system between two countries in the provisional measure zone. Third, Korea should implement to collect fisheries information about China fishing vessels which are operating in the EEZ of Korea. Finally, Korea and China should be building up effective governance framework for the establishment of fishing order.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.517-524
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• 2002

This study aims to analyse the actual conditions of Korean fishing boat being seized in Japan's EEZ and to provide the countermeasures against that problem. According to the analysis of that actual conditions, Korean fishermen are trespassing Japan's EEZ in which fishery resources are abundant because of exhaustion of fishery resources and polluted water in Korean coastal sean. In the past, That behavior was not illegal. Now, however, it became illegal with the effectuation of the United National Conventions on the Law of the Sea(1994) and the Korean-Japanese Fisheries Agreement(1999). In order to resolve that problem on a long-term basis, it is necessary to turn over national fishery policy, to provide fishing people with other means of living, and to establish the Korean-Japanese cooperation system of fishery management. Most of all, it is urgent to mitigate and remit a penalty which was executed in Japan, to amplify personal and material resources need to guide and control fishery, and to construct a close cooperation system between the National Maritime Policy Agency and the Ministry of Maritime and Fisheries Affairs.

• The Journal of Fisheries Business Administration
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• v.21 no.1
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• pp.21-34
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• 1990

The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2000.05a
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• pp.327-327
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• 2000

In the 1990's several economically important marine fisheries collapsed or showed signs of extreme hardship owing to overcapitalization and excessive fishing pressure on the resources. Public concern was raised and demands voiced for more prudent fishery management practices. The United Nations responded and developed international guidelines, such as the FAO Code of Conduct for Responsible Fishing and the UN Straddling Fish Socks and Highly Migratory Fish Stocks Agreement These guidelines task fishery managers to take prudent steps to ensure the long-term viability of fisheries and fishery resources. Included in the guidelines are two particular demands that will challenge stock assessment scientists in the new millennium. They are application of the precautionary approach and the inclusion of ecological considerations in assessments and management advice. High-lighted in the presentation are examples from the central-western Pacifi skipjack tuna fishery and the eastern Pacific thresher shark fishery where insufficien information is affecting stock assessments. The shortcomings are further linked t the new challenges of applying the precautionary approach, such as reference points, and ecological considerations, such as predator-prey and oceanographic-regime shift.(omitted)

• The Journal of Fisheries Business Administration
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• v.47 no.1
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• pp.31-45
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• 2016

This study aims to evaluate the status of implementation of bilateral-fishery order since the Korea-Japan Fisheries Agreement came into effect in 1999 in order to improve fisheries relationships between two countries. The agreement regulates bilateral-fishery order by the principle of the EEZ regime and mutual benefits among countries. (e.g. the mutual agreed fishing in EEZ and cooperation for resource management). However, the Korea-Japan Fisheries Agreement has some limitations such as reducing quotas of the mutual agreed fishing in EEZ, strengthening Japanese fisheries regulation, insufficient cooperation for fisheries management and joint countermeasures. In order to improve fisheries relationships between the two countries, it is imperative to rebalance quotas for the mutual agreed fishing in EEZ, to establish effective resource management systems in the Intermediate zone, to invigorate fisheries cooperation in the private sector, and to introduce new management systems by species over the all waters around East Asia. To accomplish such measures, it is necessary for Korean and Japanese governments to improve fisheries relationships based on trust and cooperation, achieving a win-win situation. Additionally, it is required to incorporate fisheries management among Korea, China, and Japan.

• The Journal of Fisheries Business Administration
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• v.35 no.1
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• pp.23-56
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• 2004

The offshore trawl fishery is seeking its survival way to overcome current management conditions in red, resulted from the bilateral agreement with China and Japan. However, this movement magnifies conflicts between fisheries on the contrary and it is thought to be impossible to get over current situations. For all that, this study is aimed at investigating how this current situations have occurred. The management freedom as response to the change in fishing conditions of a certain fishery, in case of Korea, is affected by institutional regulations. The example of this is controls on fishing gears, fishing vessels, and fishing grounds. The most exposure of this control is a segmentation of institutional fisheries. The initial segmentation of the offshore trawl fishery in Korea was occurred in the period of Japan's colonization when the degree of use of fishing grounds was limited geographically. At that time, fisheries were divided by fishing areas, but it did not divide the fishery itself. The large - sized fishing vessels were developed politically to be more competative to Japanese fishing vessels since 1950s. During this time, the trawl fishery was merged into current Eastern trawl fishery and South - Western trawl fishery. It was also inevitable to divide into the pair trawl and single trawl fishery as a result of the physical mergency between Western trawl and Southern trawl fishery. In order to develop the trawl fishery, new licenses were issued on the shrimp trawl fishery, through which it was expected to boost the trawl fishery. As opposed, the shrimp trawl fishery was changed into the mid - sized trawl fishery, targeting on the eastern fishing areas and the large - sized trawl fishery was developed since the late of 1970s with the development of filefish processing industry. The large trawl fishery that led in development of offshore trawl fishery since the late of 1950s was started to divide into a pair trawl and single trawl according to the fishing method and capital power. It finally became an institutionally independent fishery in 1980s, respectively. Looking into these historical process, the segmentation of the trawl fishery is thought as a result of the lack of long - term perspective and as a production of trial and error resulted by unprepared policy. As a result, these segmentation of fisheries roles as critical obstacles in harmonization of fisheries and in overcoming of current situations. Therefore, the review of this institutional segmentation of the offshore trawl fishery should be taken for an optimal redistribution of fishing grounds suits with business and fishing technology. For this, the fishery must be divided into large capitalized fishery and small - mid fishery with consideration of capital, fishing method, and the condition of use of fishing grounds. In addition to this, by limiting outline of fishing ground that the large fishery can harvest, it must allow for the small - mid fishery to catch with its own boundary. Furthermore, by launching buyback programs on the trawl, eastern trawl, pair trawl, it can provide broader fishing grounds where the fishery can harvest with management freedom.

• Journal of Fisheries and Marine Sciences Education
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• v.19 no.1
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• pp.53-73
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• 2007

There exists historically intimate relationship between the fisheries of the three countries of Northeast Asia in terms of the same fishing ground and similar resources. This means that if one of the countries fail to manage their fisheries properly, it will harm the others. Especially, if the EEZ straddling and Trans-Boundary Fish Stocks aren't managed by the cooperation of the three countries, the exhaustion of resources will be more likely to be accelerated. Considering the aspects mentioned, this paper refers to the necessity of fisheries cooperation between Korea, China, and Japan. Next, it analyzed the joint control cases of Norway/Russia Management of Shared Fish Stocks in the Barents Sea, Management of South Tasman Rise in Orange roughy, Agreement on Fisheries between the European Economic Community and the Kingdom of Norway, Conservation and management of pollack resources in the central Bering Sea, and drew a conclusion for ourselves. Last of all, it suggests a step-by-step strategy of promoting joint control between three countries, and the plan of the establishing and managing the organization of joint fisheries control. About the joint control, "The Joint Statement of promoting collaboration between Korea, China, and Japan" has been announced at ASEAN in October 7th, 2003 and the summit talk of the three countries. In the joint statement, the three countries came to an agreement which says, "Cooperation in Fishery Resource Conservation : The three countries will cooperate, bilaterally or trilaterally, to promote the sustainable use and conservation of fishery resource through the effective fishery management". Not only the consistent collaboration between the government is necessary, but also continuous exchange and related study on a Non-governmental level is also needed for the viable outcome in the near future. When deducting the result for the joint fisheries control, this writer hopes the contents of this study will be helpful.