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Busan Metropolitan City Ordinance on Fishery Harbor Management

By Fisheries Distribution & Processing Division 2018. 2. 19 542  Views
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Busan Metropolitan City Ordinance on Fishery Harbor Management

CHAPTER 1 GENERAL PROVISIONS

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to effectively maintain, manage, and operate fishery harbor by prescribing such matters as delegated by the Fishing Villages and Fishery Harbors Act and its Enforcement Decree, and those necessary for their enforcement.
  • Article 2 (Definitions)
  • The definitions of terms used in this Ordinance are as follows:
    • 1. The term "fishery harbor under the Mayor's jurisdiction" means the fishery harbor which the Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") manages under subparagraph 1 of Article 35(1) of the Fishing Villages and Fishery Harbors Act (hereinafter referred to as the "Act");
    • 2. The term "using organizations" means the fisheries cooperatives by districts and fishing village societies which directly use the relevant fishery harbor facilities and gain profit therefrom among the public organizations which use or occupy and use the fishery harbor facilities under Article 38(4) of the Act;
    • 3. The term "user" means the person who uses the land and facilities, which have been reverted to the State or the Busan Metropolitan City (hereinafter referred to as the "City"), and gains profit therefrom without compensation under Article 26(4) of the Act, and the person who uses or occupies and uses the fishery harbor facilities under Article 38(1), (2), and (5) of the Act; and
    • 4. The term "user organization, etc." means the using organization and the user under subparagraph 2 and 3.
  • Article 3 (Obligation of the Mayor) (1) The Mayor shall, in case where he/she manages the fishery harbor under his/her jurisdiction, manage and operate it accordingly with the fishery harbor development plans under Article 19 of the Act.
  • (2) The Mayor shall prevent and regulate the prohibited acts prescribed in the subparagraphs of Article 45 of the Act, and shall endeavor to maintain and preserve the functions of the fishery harbor facilities, and shall endeavor to prevent the accidents, and shall take necessary measures.
  • Article 4 (Obligation of the User Organization, etc.)
  • The user organization etc. shall, in case where it uses or occupies and uses the fishery harbor facilities, maintain them in order to maintain and preserve the functions of the relevant fishery harbor.

CHAPTER 2 MANAGEMENT OF THE ZONE AND FACILITY FOR FISHING VILLAGE TOURISM

  • Article 5 (Management, etc. of the Zone for Fishing Village Tourism) (1) The Mayor shall manage and operate the Zone for Fishing Village Tourism (hereinafter referred to as the "Fishing Village Tourism Zone"), which has been established pursuant to Article 18(1) of the Act, accordingly with the purpose of the establishment.
  • (2) The Mayor shall take necessary measures, such as preventing and regulating the installation of illegal facilities and mooring without permission, in order to efficiently manage and operate the Fishing Village Tourism Zone.
  • Article 6 (Safety Control of Facilities For Fishing Village Tourism)
  • The user organization, etc. shall, in case where it install and operates the facilities for fishing village tourism under Article 18(2) of the Act and Article 19 of its Enforcement Decree within the boundary of the Fishing Village Tourism Zone, install the signboard which contains safety regulations, etc. at the place where it can best be seen, and falling control facilities in order to prevent the accidents.

CHAPTER 3 FISHERY HARBOR MANAGEMENT COUNCIL

  • Article 7 (Composition, etc.) (1) The Mayor shall establish the Fishery Harbor Management Council (hereinafter referred to as the "Council") in order to consult on the important matters concerning maintenance, management and utilization of the fishery harbor pursuant to Article 37(1) of the Act and Article 19(1) of its Enforcement rule.
  • (2) The chairperson of the Council shall be the chief of division in charge of fishery harbor management affairs, and the vice-chairperson of the Council shall be the head of the fisheries cooperatives by districts within the jurisdiction, and the Council members shall be commissioned by the Mayor from among the persons who fall under any of the following subparagraphs:
    • 1. The heads of fishing village societies within the jurisdiction;
    • 2. The representatives of the fishermen within the jurisdiction; or
    • 3. The representatives of the users of fishery harbor within the jurisdiction.
  • (3) The Mayor shall, in case where he/she established the Council pursuant to paragraph (1), take measures for the local residents to aware of the establishment through internet homepage and bulletin board of the fisheries cooperatives by districts within the jurisdiction.
  • Article 8 (Meeting, etc.) (1) The meeting shall be divided into regular meeting and extraordinary meeting, and the regular meeting shall be convened once a year, and the extraordinary meeting shall be convened in case where the chairperson deems necessary for fishery harbor management, or there exists a demand of meeting by a majority of all incumbent members.
  • (2) The chairperson shall, in case where he/she convened a meeting pursuant to paragraph (1), take and keep the minutes.

CHAPTER 4 PERMISSION FOR USE OF OCCUPATION AND USE OF FISHERY HARBOR FACILITY

  • Article 9 (Permission for Use or Occupation and Use) (1) In case where the Mayor grants permission for use or occupation and use of the land under item (d) of subparagraph 5 of Article 2 of the Act, he/she shall calculate the permit area in consideration of the appurtenant facilities including parking lot and the building-to-land ratio under the National Land Planning and Utilization Act and the Busan Metropolitan City Ordinance on Urban Planning, and shall grant permission lest the permission hinder the development, management and operation of the fishery harbor.
  • (2) The provision of Article 10 of the Regulation Concerning Public Waters Management of the Ministry of Land, Transport and Maritime Affairs shall apply mutatis mutandis to the permission by the Mayor for use or occupation and use of the waters facilities under sub-item (iii) of item (a) of subparagraph 5 of Article 2 of the Act.
  • Article 10 (Report of Use or Occupation and Use)
  • The term "period and extent to be determined by Ordinances" under the proviso of Article 38(1) of the Act means the period and extent of use or occupation and use of the fishery harbor facility to be reported under attached Table 1.
  • Article 11 (Calculation of Fee for Use and Fee for Occupation and Use) (1) In case where the Mayor collects fee for use or fee for occupation and use (hereinafter referred to as the "fee, etc.") under Article 42(1) of the Act, the annual fee, etc. shall be the amount of value of the fishery harbor facility multiplied by 50/1,000, and the fee, etc. shall be calculated by means of the allotment of days: Provided, That the provision of Article 8(2) and Article 9 of Enforcement Rule of the Public Waters Management Act shall apply mutatis mutandis to the fee, etc. of the waters facilities under sub-item (iii) of item (a) of subparagraph 5 of Article 2 of the Act.
  • (2) The value of the fishery harbor facility under paragraph (1) shall be calculated pursuant to the classifications set forth in the following subparagraphs.
    • 1. Where the fishery harbor facility is land: The value shall be the officially assessed individual land price of the land which is noticed publicly pursuant to Article 3(1) of the Public Notice of Values and Appraisal of Real Estate Act, but if there exists no officially assessed individual land price thereof, the value shall be the officially assessed individual land price of the similar facility which is located nearest to the relevant fishery harbor facility.
    • 2. Where the fishery harbor facility is the building under item (b), (c) of subparagraph 5 of Article 2 of the Act: The value shall be calculated pursuant to Article 26 of the Enforcement Decree of the State Property Act and Article 19 of its Enforcement Rule.
  • (3) The standard of collection and rate of the fee, etc., which shall be collected from the person who reported the use or occupation and use pursuant to Article 10, shall be attached Table 2.
  • Article 12 (Payment of Fee, etc.) (1) The person who was permitted for use or occupation and use of the fishery harbor facility, or reported, shall pay the fee, etc. under Article 42 of the Act in advance: Provided, That in case where the ship, whose owner obtained license of maritime transportation services or was registered for maritime cargo transportation services, uses the fishery harbor facility, he/she may pay subsequently.
  • (2) In case where a person uses or occupies and uses the fishery harbor facility exclusively for not less than one year, he/she shall pay the annual fee, etc. in advance: Provided, That if the annual fee, etc. exceeds one million won, he/she may be permitted to pay in installments within four times a year. In this case, annual interest of six percent shall be applied to the residual payment.
  • (3) Other than those as prescribed in paragraph (1) and (2), the practices of collecting a local taxes shall be applied to the way of payment and collection.
  • Article 13 (Refund of Fee, etc.)
  • In cases falling under any of the following subparagraphs, the Mayor shall refund the fee, etc. of the period during which the fishery harbor facility was not used or occupied and used:
    • 1. Where the person, who obtained permission for use or occupation and use of the fishery harbor facility pursuant to the main sentence of Article 38(1), shortens the period of the permission for use or occupation and use; or
    • 2. Where the permission for use or occupation and use of the fishery harbor facility was revoked or suspended pursuant to Article 41(1) of the Act.
  • Article 14 (Collection of Compensation Money)
  • The Mayor shall collect compensation money equivalent to 120/100 of the fee, etc. from the person, who used or occupied and used the fishery harbor facility without obtaining permission or reporting under Article 38(1) of the Act.

CHAPTER 5 SAFETY CONTROL AND ENVIRONMENTAL IMPROVEMENT OF FISHERY HARBOR

  • Article 15 (Safety Control Measures)
  • The Mayor shall take necessary measures, such as the installation of the signboards which contain the matters to be observed by any person entering the fishery harbor facility at the place where it can best be seen for safety control, and the installation of the off-limits signboards which inform people of dangerousness for the facility or zone where any accidents are feared to happen.
  • Article 16 (Inspection and Survey of Fishery Harbor Facility) (1) The Mayor shall inspect the maintenance of functions and damages of the fishery harbor facility within his/her jurisdiction at least once a year.
  • (2) The Mayor shall survey the management and the present condition of utilization of the fishery harbor facility within his/her jurisdiction at least once a year.
  • Article 17 (Report of Damage, etc. of Fishery Harbor Facility) (1) The user organization, etc. shall, in case where it damages or transforms the fishery harbor facility which it uses or occupies and uses, or where it finds any damages, etc. of other fishery harbor facility, report such matters to the Mayor.
  • (2) The Mayor shall, in case where there exists any report of damage, etc. of the fishery harbor facility under paragraph (1), have his/her officials survey such matter without delay.
  • Article 18 (Repair of Fishery Harbor Facility) (1) The Mayor shall, in case where he/she deems that there exists any obstacle to the maintenance of functions of the fishery harbor facility and the safety control thereof in light of the results of the inspection under Article 16(1) and the survey under Article 17(2), take necessary measures, such as giving notification that the person who has damaged the fishery harbor facility shall, according to the causes of the damage, etc., repair or reinforce it at a charge of himself/herself.
  • (2) The person who has been given notification of the repair or reinforcement pursuant to paragraph (1) shall completely repair or reinforce the fishery harbor facility in order that such facility shall be appropriate for the maintenance of functions of the fishery harbor facility.
  • Article 19 (Burden of Expenses for Repair and Management) (1) The using organizations shall burden the expenses falling under the following subparagraphs, which are necessary for the repair and management of the fishery harbor facility:
    • 1. The expenses necessary for the repair and management of the fishery harbor facility for which the permission for use or occupation and use has granted, or which has been reported under Article 26(4) and Article 38(1) of the Act;
    • 2. The expenses necessary for the repair of the fishery harbor facility to which the Mayor notify under Article 18(1);
    • 3. The expenses necessary for the environmental improvement activities; and
    • 4. The expenses necessary for the installation of the waste oil collection container, and for the collection and disposal of waste oil.
  • (2) The Mayor shall establish the utilization plan concerning the management expenses of the fishery harbor facility pursuant to Article 44(2) of the Act and Article 39(1) of its Enforcement Decree, and shall secure corresponding expenses as budget of the year.
  • Article 20 (Disaster Prevention of Fishery Harbor Facility) (1) The Mayor shall, in case where any natural disaster is expected due to deteriorating weather conditions, take necessary measures, such as the prior inspection, etc. not to let any damage happen on the fishery harbor facility of the fishery harbor within his/her jurisdiction.
  • (2) The user organization, etc. shall, in case where any natural disaster is expected due to deteriorating weather conditions, take necessary measures for the prevention of damages on the fishery harbor facility which is being used or occupied and used.
  • Article 21 (Report of Damage of Fishery Harbor Facility) (1) The user organization, etc. shall, in case where there happened any damages on the fishery harbor facility due to the natural disaster, report the condition of such damages to the Mayor, and shall take necessary measures for the prevention of diffusion of damages.
  • (2) The Mayor shall, in case where he/she receives the report on the condition of damages pursuant to paragraph (1), survey the condition of damages without delay, and shall take relevant measures pursuant to Article 20 of the Framework Act on the Management of Disasters and Safety.
  • Article 22 (Environmental Improvement Activities, etc.) (1) The Mayor shall establish the cleaning plan for the fishery harbor facility for the environmental improvement of the fishery harbor within his/her jurisdiction, and shall clean the fishery harbor or dredge with the user organization, etc.
  • (2) The user organization shall install a waste oil collection container which is used to collect waste oil from the ships within the fishery harbor, and collect waste oil from the ships, and entrust a waste oil management business with the work of disposal, and take other necessary measures.
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