Government legislation ministry rules mayors cannot levy fishing safety fines

The Ministry of Government Legislation said on the 15th that city, county and district heads lack the legal authority to impose fines on those who fail to complete mandatory regular safety training. The ruling addresses an inquiry from the Ministry of Oceans and Fisheries regarding the Act on Safe Fishing Operations and Safety and Health Promotion of Fishermen.

The ministry determined that the power to collect fines for missing regular education belongs to the Minister of Oceans and Fisheries, whose authority is delegated to regional ocean fisheries office chiefs. Administrative sanctions should be enforced by the agency responsible for the underlying duty, which is the national ministry rather than local governments.

The question arose after the Ministry of Oceans and Fisheries asked whether local leaders could fine vessel owners and others for skipping regular sessions required within six months of licensing or annually thereafter. While the law allows various officials to collect fines generally, it does not explicitly assign this specific violation to local jurisdictions.

Allowing local heads to levy fines based solely on residential address would contradict the legal framework governing administrative powers.

Consequently, any fines for failing to attend regular safety courses must be issued by the head of the relevant regional ocean and fisheries office. If lawmakers intend for local administrators to hold this power, the act and its enforcement decree must be amended to state this clearly.