총허용어획량관리법의 입법론적 연구

A Study on Legislation for Total Allowable Catch Management Act

Total allowable catch management regime which is different from the previous fishing management regimes was introduced with the entry into force of UN Convention on the Law of the Sea 1994. Total allowable catch management regime is based on total allowable catch. by considering biological, technological, social, and economical factors. on the basis of MSY calculated in biology. There are the conmmon reasons for adopting total allowable catch as a fishing management. Because it is easy to manage the resources of the vast fishing ground by prohibiting from fishing activities on the relevant kinds of fish when the amount of fishing catch allowed. loaded on land. comes up to the catch level aimed after the fishing activities began as fixed total allowable catch, and to protect from over-fishing on a simple fishing resource and from devastation as well as the solution of the fundamental fishery problem through maintaining general source management system so as to develop the fishery. But olympic and individual quota method as total allowable catch management regime are adopted in our country and made problems as follows: fishing competition between fisheries. over-development of fishing resources. fishing over the amount of allowable catch. discarding a low-price fish. marine accidents and disorder of fishing by hard fishing activities. retarding investment on fishing facilities and development skills. weakening business by investment on required facilities. inspecting problems on fishing activities. As total allowable catch management is not issued as a single act and ruled by a section of fishing industry law. it is not sufficient to carry out total allowable catch management. The questions to protect fishing resource are basically belong to scientists. but the actions to protect must be applied to any people without any discrimination. Nevertheless. total allowable catch management is going to be made mainly for fishing groups in our country. Allocating fishing quota to associations and people as their results may be specific and permanent in the extent of the usage of fishing resources and may retard development of fishery and technology. Accordingly total allowable catch mariagement act which is harmony with the previous fish catch management regime as well as technical management regime in order to use and manage fishery resources effectively must be enacted. therefore the aim of this study is the legislation and it's contents