Marine Products Law of the Democratic People’s Republic of Korea (2015)

Suggested citations
AGLC4 |
수산법 2015 [Marine Products Law of the Democratic People's Republic of Korea (2015)] [tr Daye Gang].
Bluebook | Susanbeob 2015 [Marine Products Law of the Democratic People's Republic of Korea (2015)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.


Adopted on January 18, Juche 84 (1995), as Decision No. 49 of the Standing Committee of the Supreme People’s Assembly

Amended and supplemented on February 4, Juche 88 (1999), as Directive No. 383 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on May 8, Juche 96 (2007), as Directive No. 2227 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on February 24, Juche 102 (2013), as Directive No. 2979 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on March 19, Juche 103 (2014), as Directive No. 3617 of the Presidium of the Supreme People’s Assembly

Amended and supplemented on September 23, Juche 104 (2015), as Directive No. 677 of the Presidium of the Supreme People’s Assembly


CHAPTER I. BASICS OF MARINE PRODUCTS LAW

Article 1 (Objectives of Marine Products Law)

The Marine Products Law of the Democratic People’s Republic of Korea shall serve to adopt systems and order in the creation and protection of marine resources, and the production and manufacture of marine products to develop the marine products industry and raise people’s standard of living.

Article 2 (Principle of creating marine resources)

Prioritising the creation of marine resources in the production of marine products is an important requirement of developing the marine products industry. The State shall actively develop fish farming at sea and shall make great efforts in fish farming in streams, reservoirs, and lakes.

Article 3 (Principle of production and manufacture of marine products)

The State shall correctly combine open ocean fishing, coastal fishing, large-scale fishing and small-scale fishing, shall increase the production of marine products by assuring the number of fishing days, and shall further improve the marine products manufacturing industry.

Article 4 (Principle of Juche-oriented, modernized, scientized marine products industry)

The State shall consolidate the results accomplished in developing the marine products industry and shall increase the Juche-orientation, modernization, and scientization of the marine products industry.

Article 5 (Principle of protecting marine resources)

The State shall strengthen the dissemination of scientific knowledge about marine resources and socialist patriotic education among the people so that they actively participate in the work of protecting marine resources.

Article 6 (Principle of solving scientific and technical issues in the marine products sector)

The State shall strongly manage the material and technical foundations of scientific research institutions and education institutions in the marine products sector to solve scientific and technical issues in developing the marine products industry, and shall raise scientific and technical experts competent in marine products so that they have good prospects. 

Article 7 (Exchange and cooperation in the marine products field)

The State shall develop exchange and cooperation in the marine products industry field with many countries of the world.


CHAPTER II. CREATION OF MARINE RESOURCES

Article 8 (Plan for creating marine resources)

Creating marine resources well is a prerequisite condition for normalizing the production of marine products. State planning institutions shall adopt a marine resources creation plan in conformity with increasing demands of the people about marine products and must give them correctly to the given institution, enterprise, or organization.

Article 9 (Investigation of proper locations for fish farming)

The investigation of proper locations for fish farming shall be done by the marine products scientific research institution. In these cases, the central marine products guidance institution, the central land environmental protection guidance institution, and given institutions, enterprises and organizations must smoothly assure the investigation of proper locations for fish farming by the marine products scientific research institution. The marine products scientific research institution shall correctly investigate proper locations for fish farming and must submit those materials to the state planning institutions, the central marine products guidance institution, and the central land environmental protection guidance institution.

Article 10 (Breeding species for fish farming)

The marine products guidance institution and the marine products scientific research institution shall correctly adopt a breeding system for delicious, fast-growing, and hardy species for fish farming, and must resolve scientific and technical issues to increase production.

Article 11 (Juveniles of marine animals and sea herb seedlings to be placed in fisheries)

Marine products guidance institutions and given institutions, enterprises and organizations shall strongly manage production bases for juveniles of marine animals and sea herb seedlings and shall increase their production, and must place juveniles of marine animals and sea herb seedlings in fisheries according to State planning. The quality and volume of juvenile fish placed in fisheries shall receive the inspection and confirmation of the given marine products guidance institution, and land environmental protection institution.

Article 12 (Fish farming methods)

The marine products guidance institution and given institutions, enterprises and organizations shall accept intensive fish farming methods to increase the volume of marine resources, and must assure the survival rate and weight per unit of marine animals and plants being farmed according to designated standards.

Article 13 (Feeding bases)

The marine products guidance institution and given institutions, enterprises and organizations shall manage the feeding basis of the marine animals being farmed so that it has good prospects, and must also effectively use natural feed.

Article 14 (Execution of marine resources creation plan)

The marine products guidance institution and given institutions, enterprises and organizations must execute the marine resources creation plan received from the state planning institution such as a fish farming facilities building plan, artificial frost creation, inserting juvenile fish, and planting seedlings. In these cases, inspection and confirmation of the land environmental protection institution must be received.

Article 15 (Right to use marine resources by fisheries and natural fisheries)

The marine resources of fisheries and marine resources separately created in natural fisheries may only be used by the institutions, enterprises and organizations that created them.

Article 16 (Installation of fish farming facilities in reservoirs)

Given institutions, enterprises and organizations shall make fish farming facilities in newly constructed reservoirs and must clean the bottom of the reservoir in time so that there is no interference in creating and protecting marine resources.


CHAPTER III. PRODUCTION AND MANUFACTURE OF MARINE PRODUCTS

Article 17 (Basic requirements of production and manufacture of marine products)

Increasing the production of marine products and improving its manufacturing is an important requirement of raising people’s standard of living. The marine products guidance institution and given institutions, enterprises and organizations shall form enterprise management and production organization so that the sea shall not be empty across all four seasons for catching fish, and may ceaselessly increase marine products and the production of manufactured products.

Article 18 (Investigation of marine resources)

The marine products scientific research institution shall solidly do investigation and research work for marine resources, and must submit the volume of marine resources and production capacity by each type to the state planning institution, the central marine products guidance institution, and the central land environmental protection guidance institution every year. Institutions that separately do marine resources investigation and research work must correctly investigate the volume of marine resources by time and their production capacity of the given waters and submit it to the marine products scientific research institution. State planning institutions, the central marine products guidance institution, and the central land environmental protection guidance institution must smoothly assure the conditions required for marine resources investigation research work.

Article 19 (Drafting of marine products production and export plan)

State planning institutions must adopt a production and export of marine products plan according to the production capacity for marine resources by type and the state of implementation of the marine resources creation plan. Marine products may not be produced or exported without receiving a production and export of marine products plan or executing a marine resources creation plan.

Article 20 (Division of fisheries and permission for fishing)

The division of fisheries and permission for fishing shall be done by the non-standing resource development deliberation committee. The non-standing resource development deliberation committee must grant division of fisheries and permission for fishing to units that have received a production and export of marine products plan.

Article 21 (Fishing season and fishing ground forecast, notification of fishing conditions) 

The marine products scientific research institution and the marine products guidance institution shall strengthen scientific research on marine resources and must introduce a fisheries exploration support system for exploring shoals of fish according to satellite information to correctly forecast fishing seasons and fishing grounds and notify of fishing conditions.

Article 22 (Rise in fishing production volume per boat)

The marine products guidance institution and given institutions, enterprises and organizations shall modernize and increase the versatility of fishing boats, shall raise their utilization rate, and must increase fishing production volume per boat by accepting scientific fishing methods.

Article 23 (Raising production volume per jeongbo in fish farms)

The marine products guidance institution and given institutions, enterprises and organizations shall place juveniles of marine animals and sea herb seedlings in fish farms from the principle of the right species in the right place and shall grow them with scientific techniques to increase production volume per jeongbo.

Article 24 (Command of production volume for marine products)

The marine products guidance institution and given institutions, enterprises and organizations shall have documents such as fishing logs and production logs to correctly command their production volume for marine products. The given central bodies must correctly command their production volume for marine products for their unit and submit it to the central statistics institution.

Article 25 (Fishing boat construction, fishing gear production, maintenance and repair)

State planning institutions and given institutions, enterprises and organizations must do modern and increasingly versatile fishing boat construction and fishing gear production in a planned way in conformity with the development of the marine products industry. Fishing boats must have navigational equipment and communications facilities, including radars, without exception according to the requirements of maritime regulations. The marine products guidance institution and given institutions, enterprises and organizations must have sufficient components and maintenance parts required for fishing boat repair, shall correctly keep time limits for repairing fishing boats, and must repair fishing gear in time to assure the normal fishing activity of fishing boats.

Article 26 (Execution of marine products manufacturing plan)

State planning institutions must give a marine products manufacturing plan to institutions, enterprises and organizations producing marine products. Given institutions, enterprises and organizations must correctly execute the marine products manufacturing plan.

Article 27 (Guarantee of freshness of marine products)

The marine products guidance institution and given institutions, enterprises and organizations shall have the required facilities and conditions on fishing boats and must assure the freshness of marine products. Manufactured products may not be made with marine products for which the freshness has not been guaranteed.

Article 28 (Modernization of marine products storage facilities, guarantee of packaging and transportation containers)

The marine products guidance institution and given institutions, enterprises and organizations shall modernize handling facilities and refrigeration and storage facilities and must assure the packaging and transportation containers for marine products.

Article 29 (Comprehensive manufacture of marine products)

The given institutions, enterprises and organizations must manage the technical processes to comprehensively manufacture and treat marine products, must increase the kinds of marine products manufactured items by abiding by technical regulations and standard operating methods to assure hygiene and safety and raise quality.

Article 30 (Transportation of marine products)

The traffic conveyance institution and given institutions, enterprises and organizations shall transport marine products and their manufactured products in time and must ensure that they are not lost or do not decompose or spoil during transportation.


CHAPTER IV. PROTECTION OF MARINE RESOURCES

Article 31 (Marine resources protection month)

The State shall make every April and July a marine resources protection month to protect marine resources. The given institutions, enterprises and organizations shall strengthen education work related to marine resources protection during the marine resources protection month and must intensively do supervision and control work.

Article 32 (Marine resources protection measures)

The non-standing resource development deliberation committee must determine the following related to marine resources protection.

1. Fisheries reserves

2. Types of marine resources to be protected

3. Protection period of marine resources of each type

4. Size of marine resources that can be caught or cut

5. Fishing gear and fishing methods that may not be used

Article 33 (Fisheries reserves management)

Institutions, enterprises and organizations responsible for fisheries reserves management shall adopt and execute a protection of marine resources management plan and must actively protect and increase marine resources inside the protected district.

Article 34 (Materials on the true state on protecting marine resources)

The marine products scientific research institution must submit materials related to the true state on protecting marine resources every year to state planning institutions, the central marine products guidance institution, and the land environmental protection guidance institution. The authorities concerned must make a protection of marine resources measures document and must receive the approval of the non-standing resource development deliberation committee and implement it.

Article 35 (Restriction on production of marine resources to be protected)

The marine products guidance institution and given institutions, enterprises and organizations must not execute the production plan of marine resources to be protected in excess. The production plan of marine resources to be protected may not be adopted in excess of the production capacity of marine resources submitted by the marine products scientific research institution. In coastal waters, deep sea trawl fishing may not be done excluding sailfin sandfish fishing, and in the East Sea, deep sea gill net fishing may not be done.

Article 36 (Fish protection in fish farming waters)

Given institutions, enterprises and organizations shall make good spawning and wintering conditions for fish in fish farming waters and must ensure that fish cannot escape fish farming waters.

Article 37 (Prohibition on gathering grasses beneficial to fish protection, fishing order)

Institutions, enterprises, organizations and citizens must not gather grasses beneficial to fish protection in seas, streams, reservoirs, and lakes without approval, and must abide by the designated fishing order.

Article 38 (Fish ladders in floodgates and dams)

Institutions and enterprises constructing floodgates and dams must make fish ladders according to designs. The relevant design institutions must design fish ladders so that there is no interference to the growth, development, and protection of fish, and the deliberation of the marine products scientific research institution must be received.

Article 39 (Water management in reservoirs, lakes)

In cases where water management institutions seek to reduce the water in a reservoir or lake below dead storage, they must agree with the given land environmental protection institution, and marine products guidance institution. In cases where the water of a reservoir or lake with great significance to the State is sought to be reduced below dead storage, the approval of Cabinet must be received.

Article 40 (Pollution prevention in seas, streams, reservoirs, lakes)

Waste rock or unpurified wastewater, radioactive materials, toxic substances, garbage, or by-products that can cause damage to marine resources may not be thrown away in seas, streams, reservoirs, or lakes.


CHAPTER V. GUIDANCE AND CONTROL IN MARINE PRODUCTS SECTOR WORK

Article 41 (Guidance over marine products sector work)

Guidance for marine products sector work shall be done by the central marine products guidance institution. The central marine products guidance institution must correctly command and guide the organization of units that produce marine products, the planning work of the marine products sector production guidance work, and technical guidance work. Units producing marine products must register with the central marine products guidance institution.

Article 42 (Guarantee of sea work, living conditions)

Marine products guidance institutions and given institutions, enterprises and organizations shall assure the working conditions and on-sea living conditions of marine products sector workers, shall strengthen the order of entry and exit from ports and building berth regulations for fishing boats, and most thoroughly keep labour safety regulations.

Article 43 (Export of marine products)

State planning institutions must only give a marine products export plan to institutions, enterprises and organizations that produce marine products. In cases where institutions, enterprises and organizations seek to export marine resources, they must receive the approval of the non-standing resource development deliberation committee by going through the 

given procedures.

Article 44 (Registration of fishing boats)

Institutions, enterprises and organizations producing marine products must register boats used in the production of marine products with the ship registration institution without exception and must inform the central marine products guidance institution and central land environmental protection guidance institution of the state of that registration. Fishing boats may not be lent or transferred to another institution, enterprise, organization or citizen without approval.

Article 45 (Prohibition on foreigners investigating marine resources and producing marine products in the economic zone)

Other countries or foreign nationals may not investigate marine resources or produce marine products in the economic zone of the Democratic People’s Republic of Korea. In cases where there is an arrangement concluded with our country, it shall be followed.

Article 46 (Supervision and control for protection of marine resources work)

Supervision and control for protection of marine resources work shall be done by the land environmental protection institution and the given supervision and control institution. The land environmental protection institution and given supervision and control institutions must strictly supervise and control institutions, enterprises, organizations and citizens so that they keep the protection of marine resources order. The land environmental protection institution must regularly submit materials raised in the supervision and control process over protection of marine resources work to the non-standing resource development deliberation committee.

Article 47 (Transfer of control of fish farms and natural fisheries)

In cases where fish farm and natural fisheries management has not been done well and the production volume per unit has not been increased, or they have been operated illegally or the marine resources creation plan has not been executed at all, they may be transferred to a different institution, enterprise, or organization.

Article 48 (Suspension of production or export, damage compensation, confiscation)

In cases where marine products have been produced or exported without receiving a State plan, or interference has been caused to the creation and protection of marine resources, the production and export of marine products shall be suspended, damage shall be compensated, and the illegally produced and exported marine products, income obtained from it, and ships, fishing gear, and facilities used in illegal acts shall be confiscated.

Article 49 (Administrative or criminal responsibility)

Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave damage to people’s standard of living and marine resources by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.

Last updated 27 December 2020

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