수산자원관리를 위한 법적 규제 ― 미국의 2006년 어업보존관리재승인법상의 어획제한제도를 중심으로 ―

The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 included two significant and complementary new provisions for catch shares. The first provision required the establishment of a mechanism for specifying annual catch limits(ACL). The ACLs place a firm cap on fisheries removals at a level such that overfishing will not occur. Accountability measures were required to accompany the ACL mechanisms. The second provision was the elaboration of criteria and guidance authorizing a program of limited access privileges(LAP) to help rebuild overfished stocks, reduce overcapacity if it exists, and promote safety, fishery conservation and management, and social and economic benefits. A LAP is a means to distribute and enforce exclusive percentages of an ACL among participants. Taken together, ACLs and LAPs combine the positive biological benefits of a firm cap on fishery removals with the additional benefits of achieving important economic and social objectives necessary to support sustainable fisheries, but without the negative aspects of the race-for-fish with ACLs alone. Thus, it is an opportune time to consider the complementary use of ACLs and catch shares to meet the nation’s unmet goals for fishery management. Our Korean Fishery Source Management Act of 2009 was legislated recently as a basic act for the management of fishery resources. However it has no basic rule for fishery share and the concrete designs like ACLs and LAPs of MSRA to achieve the object of fishery conservation. Therefore the act should be changed in ways to establish the legal rule for fishery conservation and management and to perform accountability measures to support sustainable fisheries.