All appeals are dismissed.

The grounds of appeal are examined.

Since the right to fish farming under the Fisheries Act is the right to cultivate and exclusively catch certain kinds of marine animals and plants on certain waters after obtaining a license from an administrative agency. Thus, even if a fishery right holder captures and gathers them in a fish farm licensed to do so, the act of catching and gathering natural mountain marine animals and plants not cultivated by obtaining a license shall not be permitted in principle unless there is a separate permission for catching and gathering

(1) Article 27(1), (2) of the Fisheries Act provides that a fishery right holder may use a fishing vessel necessary for controlling fishery resources (hereinafter referred to as “management vessel”) upon designation by the head of a Si/Gun/Gu. A fishery right holder may use a fishing vessel designated in another fishing ground or a fishing vessel permitted or reported under the same Act with approval from the head of a Si/Gun/Gu. In principle, a fishery right holder may use a fishing vessel designated in another fishing ground or a fishing vessel for catching, gathering, or cultivating marine animals or plants on waters other than the designated or approved fishing ground area. Article 28(8) of the Regulations on the Management, etc. of Fishery Business according to delegation under Article 27(5) of the Fisheries Act provides that a fishery right holder may use a fishing vessel subject to supervision or approval for use in a fishing ground to transport or gather marine animals or plants within the area of waters other than a fishing ground area, and provides that a fishery right holder may, in principle, use a fishing vessel subject to supervision or approval for use in a fishing ground for transporting or collecting marine animals or plants in the fishing ground.

As above, the Fisheries Act has a management line, etc. in the fish farm.