All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 4

A. Articles 49(1) and 34(1)8 of the Fisheries Act provide that “Where a holder of fishery right violates this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or any order, disposition, or condition under this Act, the Fishing Ground Management Act or the Fishery Resources Management Act, or violates any of such restrictions or conditions,” as one of the grounds for restricting or suspending permitted fisheries by the head of Si/Gun/Gu

Article 23 of the former Fishery Resources Management Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same) provides that if deemed necessary for the propagation and protection of fishery resources, the Minister for Food, Agriculture, Forestry and Fisheries may restrict the scale, form, quantity, method of use, etc. of fishing gear for each type of fishery business (paragraph (1)), and that matters necessary for such restriction shall be prescribed by Presidential Decree

(2) Article 10(1) [Attachment Table 11] of the former Enforcement Decree of the Fishery Resources Management Act (amended by Presidential Decree No. 24455, Mar. 23, 2013) enacted by delegation.

Ⅱ. 근해어업의 어구의 규모형태사용량 및 사용방법 제7항 나목(이하 ‘이 사건 시행령 조항’이라고 한다)은 동해구중형트롤어업의 어법에 관하여, ① 자루그물과 날개그물, 후릿줄, 망구전개판, 끌줄 순서로 허가조건에 따라 현측(舷側)이나 선미에서 투망하고, ② 어구를 현측에서 투망ㆍ양망하는 현측식과 선미에서 투망ㆍ양망하는 선미식으로 구분하며, ③ 어구의 투망 또는 양망을 위하여 경사로를 활용할 수 있다고 규정하고 있다.

In addition, according to Article 43(1) of the former Fisheries Act (amended by Act No. 11690, Mar. 23, 2013), when granting a fishery permit under Article 41, administrative authorities shall attach restrictions or conditions on fishing gear, fishing method, etc. by type of fishery business prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and the permission for and reporting on the fishery business prescribed therein.