Article 1.　The purpose of this Law is to establish the fundamental system relative to the fisheries production, to attain promotion of fisheries productivity and democratization of fishery by an overall exploitation of the waters through the function of fisheries adjustment organizations whose principal constituents are fisheries operators and fisheries employees.

Article 2.　"Fishery" (Gyogyo) as used in this Law shall mean an industry which carries on gathering, taking or culturing of aquatic animals and plants.

2　A "fisheries operator" (Gyogyo sha) shall mean a person who operates fisheries;and a "fisheries employee" (Gyogyo jujisha) shall mean a person who engages in gathering, taking or culturing of aquatic animals and plants in behalf of a fisheries operator.

Article 3.　Except as otherwise provided for, no provision of this Law shall apply to any waters which are not subject to the public use.

Article 4.　This Law shall apply to any waters which, not being subject to the public use, constitute a whole with adjoining waters subject to the public use.

Article 5.　In case two or more persons intend to make a joint application with regard to the matters prescribed in this Law or orders issued under this Law, they shall select a representative from among them and inform the appropriate administrative agencies thereof. The same shall apply in case of substitution of the representative.

2　In case the information as mentioned in the preceding paragraph is not forthcoming, the administrative agencies shall designate a competent person as the representative from among them.

3　The representative shall represent the partners for the administrative agencies.

4　The provisions of the preceding three paragraphs shall apply mutatis mutandis to the case where any fishery right, or any mortgage or common-of-piscary right established upon such fishery right has been acquired jointly by two or more persons.

Article 6.　"Fishery right" as used in this Law shall imply fixed-net fishery right, demarcated fishery right and common fishery right.

2　"Fixed-net fishery right" shall mean a right which operates fixed-net fishery; "demarcated fishery right" shall mean a right which operates demarcated fishery; "common fishery right" shall mean a right which operates common fishery.

3　"Fixed-net fishery" shall mean a fishery which is operated by fixing gears and whose contents are specified as follows:

4　"Demarcated fishery" shall mean a fishery whose contents are specified as follows:

5　"Common fishery" shall mean a fishery which is operated by common use of specified waters and whose contents are specified as follows:

Article 7.　"Common-of-piscary right" as used in this Law shall mean a right in which the whole or part of fisheries constituting that fishery right is operated, by dint of the act of creation, in the fishing ground belonging to another person's common fishery right or demarcated fishery right constituted from culture industry by spore or spat collectors, oyster culture industry or shellfish culture industry which belongs to Type 3 demarcated fishery.

Article 8.　Any person who is a fisherman (Gyomin)(meaning an individual who is a fisheries operator or a fisheries employee;hereinafter the same) and at the same time a member of a Fishermen's Co-operative Association shall, in accordance with the provisions of the Articles of Association, have the right of operating fisheries within the scope of the common fishery rights, demarcated fishery rights (which are limited to those constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery) or common-of-piscary rights owned by the Fishermen's Co-operative Association concerned or the Federation of Fishermen's Co-operative Associations whose associateship is composed of the former.

Article 9.　Any fixed-net fishery and demarcated fishery shall not be operated unless they are based upon the fishery right or common-of-piscary right.

Article 10.　Any person who intends to have a fishery right created must file an application for the grant with the governor of To, Do, Fu or prefecture therefor.

Article 11.　The governor of To, Do, Fu or prefecture must, with regard to any grant of fishery right, upon hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor, determine in advance the type of fisheries, location and area of fishing ground, fishing season therein, other particulars for that grant, the period of time of the application therefor and the area concerned relative to common fishery.

2　The governor of To, Do, Fu or prefecture may, upon hearing the opinion of the Sea-Area Fisheries Adjustment Commission, alter the particulars of the grant, the period of time of the application or the area concerned as specifie in accordance with the provision of the preceding paragraph.

3　The Sea-Area Fisheries Adjustment Commission must, in the case where it intends to state opinion under the preceding two paragraphs, give a public hearing in advance at the date and place previously announced publicly and hear the opinion of the interested persons.

4　In case the governor of To, Do, Fu or prefecture has determined or altered the particulars of the grant, the period of time of the application and the area concerned in accordance with the provision of paragraph 1 or paragraph 2, he must give public notice therof.

Article 12.　In case the application for the grant as mentioned in Article 10 has been filed, the governor of To, Do, Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

Article 13.　No fishery right must be granted by the governor of To, Do, Fu or prefecture in cases where it comes under any of the following items:

2　In the case of item (5) of the preceding paragraph, if such consent is unavailable for the reasons that the permanent or temporary address of the person concerned is not clearly known, the permit of the Law Court in accordance with the procedure as specified by the Supreme Court may be substituted for the consent of that person.

3　With regard to the judgment for permission as mentioned in the preceding paragraph, an appeal may be made in accordance with the procedure as specified by the Supreme Court.

4　No owner or occupant as mentioned in paragraph 1 item (5) can refuse his consent without due cause.

5　The Sea-Area Fisheries Adjustment Commission must, in the case where it intends to state the opinion that the fishery right shall not be granted in accordance with the provision of paragraph 1 to the governor of To, Do, Fu or prefecture, notify through document in advance the applicant concerned of the reason of falling under any one of the items of the same paragraph and give the opportunity to the applicant concerned or the proxy to explain at the public hearing as well as to produce favorable evidence.

Article 14.　Any person eligible for fixed-net fishery right or demarcated fishery right shall not come under any of the following items:

2　With regard to the grant for any demarcated fishery constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery, any Fishermen's Co-operative Association having the whole or part of the Local District (which means an area wherein the fishing ground of that particular fishery is deemed to be affiliable judging from its natural, social and economical conditions;hereinafter the same) within its area or any Federation of Fishermen's Co-operative Associations whose associateship is composed of the former, which does not operate the fisheries constituting the fishery rights concerned, shall, regardless of the provision of tha preceding paragraph, be eligible only when it comes under any of the following items. However, any Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations whose associateship is composed of the former, whose qualification is limited in accordance with the provision of Article 18 paragraph 2 of the Fisheries Co-operative Association Law (Law No.242 of 1948) shall not be eligible.

3　In case any Fishermen's Co-operative Association or any Federation of Fishermen's Co-operative Association, whose membership is camposed of those who operate the fishery applied for and are residing in the Local District as mentioned in the preceding paragraph, has proposed a joint application for the grant of the fishery as prescribed in the same paragraph with a Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations eligible in accordance with the provisions of the same paragraph, the latter shall not refuse it without any justifiable cause.

4　In case any Fishermen's Co-operative Association or any Federation of Fishermen's Co-operative Associations eligible in accordance with the provision of paragraph 2 has been granted the fishery right as prescribed in the same paragraph, any other Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations whose members have been operating the fishery applied for and residing in that Local District at the time of such grant may, with the approval of the governor of To, Do, Fu or prefecture, request the former to allow it to own such fishery right in common. In this case, however, the provision of Article 27 paragraph 1 shall not apply thereto.

5　In case the application for grant as mentioned in the preceding paragraph has been filed, the governor of To, Do, Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

6　With regard to the grant of any common fishery, any Fishermen's Co-operative Association having the whole or part of the area concerned as prescribed in Article 11 within its area or any Federation of Fishermen's Co-operative Associations whose associateship is composed of the former shall be eligible when it comes under any of the following items:

7　The provisions of paragraphs 3 to 5 inclusive shall apply mutatis mutandis to any common fishery. In this case, "the Local District" shall read "the area concerned" and "the fishery applied for" shall read "coastal fisheries for not less than thirty days during a year" .

8　In case where any Fishermen's Co-operative Association or any Federation of Fishermen's Co-operative Associations has acquired a common fishery right constituted from Type 1 common fishery or Type 5 common fishery, the Sea-Area Fisheries Adjustment Commission shall, for the purpose of effecting an adequate exercise of that common fishery right between the former and the fishermen who are not its members but have their residence within the area concerned as prescribed in Article 11, give necessary instructions in accordance with the provision of Article 67 paragraph 1.

9　Any city, town or village, town or village association, or any property ward which actually owns, at the time of enforcement of this Law, exclusive fishery rights as granted by virtue of the customary practices existing prior to the enforcement of the old Fisheries Law (Law No.34 of 1901) and is deemed suitable to be granted under special circumstances snall be eligible for the grant of Type 1 common fishery, regardless of the provision of paragraph 6.

Article 15.　Any fishery right shall be granted according to the order of priority.

Article 16.　Priority in the grant of any fixed-net fishery shall be as follows:

2　Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:

3　"Experience" as mentioned in the preceding paragraph shall mean an experience of a person who has operated fisheries or engaged in fisherles in the period of ten years previous to the day of his application (until the time as designated by the competent Minister after the enforcement of this Law, the ten years previous to September 1, 1948). Hereinafter the same down to Article 19.

4　Priority among two or more applicants with the same priority as prescribed in the preceding three paragraphs shall be as follows:

5　In case there are two or more applicants with the same priority as prescribed in the preceding four paragraphs, the governor of To, Do, Fu or prefecture must, in the grant of fishery rights, take into consideration the following matters relating to the fishery applied for:

6　Any juridical person which is comprised of seven or more fishermen residing in the Local District and comes under all of the following items shall, regardless of the provisions of the preceding five items, have the highest priority:

7　In case there are two or more applicants who have the same priority as prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must, in the grant of fishery rights, take into consideration the matters as specified in paragraph 5 items (3) to (6) inclusive with regard to the fishing applied for.

8　Any Fishermen's Co-operative Association having the whole or part of the Local District within its area and in which the number of the households of its members (in case two or more associations have jointly applied, the whole members of them) residing in the Local District and who are fishermen is not less than seventy per cent of the number of the households of the fishermen residing in the Local District or any juridical person which is comprised of the fishermen residing in the Local District and comes under all of the following items shall, regardless of the provisions of the preceding seven paragraphs, have the highest priority:

9　In case where a city, town, village or hamlet of fishermen within the city, town or village, in which is located the Local District, is isolated and at the same time its residents are highly dependent upon that fishery, with regard to that fishery, the highest priority shall, regardless of the provisions of the preceding eight paragraphs, he given to such juridical person as has, as its jurisdictional area, that city, town, village or hamlet, and is composed of the persons residing in that area and comes under all of the following items:

10　In case any fisherman residing in the Local District as mentioned in paragraph 8 files an application for admission with the Fishermen's Co-operative Association or the juridical person as mentioned in the same paragraph, or in case any person residing in the Local District as mentioned in the preceding paragraph files an application for admission with the juridical person as mentioned in the same paragraph, the person with whom the application has been filed shall not refuse it without any justifiable cause. The same shall apply to the case where any Fishermen's Co-operative Association having the whole or part of the Local District as mentioned in paragraph 8 within its area or any juridical person which is comprised of fishermen residing in the Local District as mentioned in the same paragraph has proposed to make a joint application for the grant of that fishery with the Fishermen's Oo-operative Association or the juridical person as prescribed in the same paragraph.

11　In case of a joint application of two or more persons, under which item of paragraph 1, paragraph 2 or paragraph 4 the applicants come shall be decided upon considering under which item comes such person as has a majority of votes and investments among the applicants. In this case, if none of the applicants has a majority of votes and investments, they shall be deemed to come under paragraph 1 item (2), paragraph 2 item (3) or paragraph 4 item (2).

12　In case of a joint application of two or more persons, whether the applicants come under the persons as prescribed in paragraph 6, paragraph 8 or paragraph 9 or not shall be decided upon considering whether the person who has a majority of votes and investments among the applicants come under those prescribed in paragraph 6, paragraph 8 or paragraph 9 or not.

13　Even though a juridical person does not come under paragraph 1 item (1), paragraph 2 item (1) or (2), or paragraph 4 item (1), if its constituent members who come under such item imply the majority of voting and investment, such juridical person shall be deemed to come under the same.

14　In calculating the majority of voting and investment as mentioned in paragraph 11 or the preceding paragraph, the person coming under paragraph 2 item (1) shall be deemed also to come under item (2) of the same paragraph.

15　Any corporation other than a juridical person shall be deemed to be a juridical person in respect to the application of the provisions of the preceding fourteen paragraphs.

Article 17.　Priority in the grant of any demarcated fishery (excluding culture industry by spore or spat collectors, oyster culture industry, pearl culture industry, fish culture industry in inland waters and shellfish culture industry which belongs to Type 3 demarcated fishery) shall be as follows:

2　Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:

3　Priority among two or more applicants with the same priority as prescribed in the preceding two paragraphs shall be as follows:

4　Priority among two or more applicants with the same priority as prescribed in the preceding three paragraphs shall be as follows:

5　Priority among two or more applicants with the same priority as prescribed in the preceding four paragraphs shall be as follows:

6　In case there are two or more applicants with the same priority as prescribed in the preceding five paragraphs, the governor of To, Do, Fu or prefecture must, in the grant of fishery, take into consideration the following matters relating to the fishery applied for:

7　In applying the provisions of the preceding six paragraphs, the provisions of paragraph 11 and paragraphs 13 to 15 inclusive of the preceding Article shall apply mutatis mutandis thereto. In this case. in Article 16 paragraph 11, "paragraph 1, paragraph 2 or paragraph 4" shall read "Article 17 paragraph 1 to paragraph 5 inclusive" and "paragraph 1 item (2), paragraph 2 item (3) or paragraph 4 item (2)" shall read "Article 17 paragraph 1 item (2), paragraph 2 item (2), paragraph 3 item (2), paragraph 4 item (3) or paragraph 5 item (2)" , and in paragraph 13, "paragraph 1 item (1), paragraph 2 item (1) or item (2), or paragraph 4 item (1)" shall read "Article 17 paragraph 1 item (1), paragraph 2 item (1), paragraph 3 item (1), paragraph 4 item (1) or item (2), or paragraph 5 item (1)" , and in paragraph 14, "paragraph 2 item (1)" shall read "Article 17 paragraph 4 item (1)" .

8　Even though a juridical person has its residence in the Local District, if the person residing in the Local District out of its whole constituent members have not a majority of votes and investments, that juridical person shall, in respect to the application of the provision or paragraph 3, be deemed to have no residence in the Local District.

Article 18.　The highest priority in the grant of the demarcated fishery which is constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery shall be given to any person who is eligible in accordance with the provision of Article 14 paragraph 2.

2　In case the person as prescribed in the preceding paragraph does not file any application, the provisions of the preceding Article and Article 16 paragraphs 6 to 8 inclusive, paragraph 10, paragraph 12 and paragraph 15 shall apply mutatis mutandis thereto. In this case, "the preceding five paragraphs" in Article 16 paragraph 6 shall read "Article 17 which applies mutatis mutandis in Article 18 paragraph 2" and "the preceding seven paragraphs" in paragraph 8 of the same Article shall read "Article 17 and Article 16 paragraph 6, paragraph 7 which apply mutatis mutandis in Article 18 paragraph 2" .

Article 19.　Priority in the grant of the demarcated fishery which is constituted from pearl culture industry shall be as follows:

2　Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:

3　Priority among two or more applicants with the same priority as prescribed in paragraph 1 and item (2) of the preceding paragraph shall be as follows:

4　In case there are two or more applicants with the same priority as prescribed in the preceding three paragraphs, the governor of To, Do, Fu or prefecture must, in the grant of fishery, take into consideration the following matters relating to the fishery applied for:

5　In respect to the application of the provisions of the preceding four paragraphs, the provisions of Article 16 paragraph 11, paragraph 13 and paragraph 15 and Article 17 paragraph 8 shall apply mutatis mutandis.

Article 20.　Priority in the grant for Type 1 common fishery shall be as follows:

Article 21.　The term of existence of fishery rights shall be five years for any fixed-net fishery right or demarcated fishery right and ten years for any common fishery right, reckoning from the day of the grant.

2　Regarding any demarcated fishery right, the term as mentioned in the preceding paragraph may be prolonged through the application of the fishery right owner at the time of its expiration.

3　In case the application as mentioned in the preceding paragraph is filed, except for the cases where there exist any due causes for the annulment of fishery rights or grants as prescribed in Article 37, Article 38, Article 39 paragraph 1 or 2, or Article 40, the governor of To, Do, Fu or prefecture must, upon hearing the opinion of the Sea-Area Fisheries Adjustment Commission terefor, grant the prolongation of its term.

4　The term of prolongation as prescribed in paragraph 2 shall be five years. However, the reprolongation thereof may be applicable.

5　The governor of To, Do, Fu or prefecture may designate a shorter term than that as mantioned in paragraph 1 or the preceding paragraph within the limit as may be necessary for the purpose of fisheries adjustment.

Article 22.　In case any person intends to make division or alteration of fishery rights, he must file an application with the governor of To, Do, Fu or prefecture and obtain his grant therefor.

2　In the case as mentioned in the preceding paragraph, the provisions of Article 12 (Hearing Opinion of Sea-Area Fisheries Adjustment Commission) and Article 13 (Cases of No Fishery Right Being Granted) shall apply mutatis mutandis thereto.

Article 23.　Any fishery right shall be deemed to be a real right and the provisions concerning land shall apply mutatis mutandis thereto.

2　No provisions of Book II, Chapter IX (Pledge) of the Civil Code (Law No.89 of 1896) shall apply to any fixed-net fishery right and demarcated fishery right (excluding such demarcated fishery right which is constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery as owned by a Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations;the same in Articles 24 to 28 inclusive);and no provisions of Chapters VIII to X inclusive (Preferential Right, Pledge and Mortgage) shall apply to such demarcated fishery right which is constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industy which belongs to Type 3 demarcated fishery as owned by a Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations and any common fishery right.

Article 24.　In case creation of mortgage has been effected upon any fixednet fishery right or demarcated fishery right, any structure as fixed to the fishing grounds thereof shall, with regard to the modified application of the provisions of Article 370 of the Civil Code (Limit of Objects within the Scope of Validity of Mortgage), be deemed to constitute a whole being attached to that fishery right. It is the same with the case where the fixed-net fishery right or demarcated fishery right is the object of the preferential right.

2　No fixed-net fishery right shall be the object of mortgage, unless an approval from the governor of To, Do, Fu or prefecture has been obtained therefor.

3　The governor of To, Do, Fu or prefecture must not give the approval under the preceding paragraph except for the case where the creation of mortgage making fixed-net fishery right the object thereof is regarded inevitable for the loan of fund necessary for the operation of the fishery concerned.

4　In case the governor of To, Do, Fu or prefecture intends to give the approval as mentioned in paragraph 2, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

Article 25.　In case a preferential right or a mortgage has already been created upon any demarcated fishery right which is constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery and such right is intended to be transferred to a Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations, the right owner thereof must obtain the consent of the preferential right owner or the mortgagee (limited to the person registered;hereinafter the same) therefor.

2　No preferential right owner or mortgagee can refuse the consent as mentioned in the preceding paragraph, unless there exists any due cause.

3　At the time when the transfer as mentioned in paragraph 1 is effected, the preferential right or mortgage shall lapse.

Article 26.　No demarcated fishery right shall be the object of removal (which means such removal as effected by transfer, process for the recovery of taxes in arrears, distraint as well as execution of the preferential right and mortgage;the same in paragraph 2, Article 27 paragraph 1 and paragraph 5 of the Supplementary Provisions) unless an approval from the governor of To, Do, Fu or prefecture has been obtained therefor.

2　The governor of To, Do, Fu or prefecture must not approve the application as mentioned in the preceding paragraph unless it is removed to a person eligible as prescribed in Article 14 paragraph 1 or 2.

3　In case the governor of To, Do, Fu or prefecture intends to approve the application as prescribed in the preceding paragraph, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

Article 27.　No fishery right other than demarcated fishery right shall be the object of removal. However, with regard to the fixed-net fishery right, this shall not apply to the cases where it is removed in the course of execution of the preferential right or mortgage and it is transferred as mentioned in Article 28 paragraph 2.

2　The provision of the preceding Article shall apply mutatis mutandis to the removal of a fixed-net fishery right as prescribed in the proviso to the preceding paragraph.

Article 28.　Any person who has acquired a fixednet fishery right or demarcated fishery right by inheritance must, within two months from the day of its acquisition, inform the governor of To, Do, Fu or prefecture thereof.

2　In case the governor of To, Do, Fu or prefecture has considered, upon hearing the opinion of the Sea-Area Fisheries Adjustment Commission, that the person as mentioned in the preceding paragraph is not eligible as prescribed in Article 14 paragraph 1, he must give notice to him to the effect that such fishery right is annulled unless it is transferred within a fixed period of time.

Article 29.　Any right and obligation of a fishery right owner with respect to the use of the waters (including any rights and obligations of the operator of fishery having the right thereof based upon the permit, approval and other disposition of the administrative agencies concerning the fishery concerned) shall be accorded with the disposition of that fishery right effected.

Article 30.　No fishery right shall be the object of lease.

Article 31.　No fishery right shall be divided, altered or renounced without the consent of the fishery right owner registered in accordance of the provision of Article 50.

2　The provisions of Article 13 paragraphs 2 to 4 inclusive (Cases of No Consent Available, etc.) shall apply mutatis mutandis to the consent as mentioned in the preceding paragraph.

Article 32.　No co-owner of a fishery right shall dispose of his share unless the consent of not less than two-thirds of the other co-owners thereof is obtained.

2　The provisions of Article 13 paragraphs 2 to 4 inclusive (Cases of No Consent Available, etc.) shall apply mutatis mutandis to the consent as Mentioned in the preceding paragraph.

Article 33.　In case any of the co-owners of a fishery right intends to obtain the consent of the other co-owners thereof in order to effect any alteration of the fishery right in their co-ownership, the provisions of Article 13 paragraphs 2 to 4 inclusive (Cases of No Consent Available, etc.) shall apply mutatis mutandis thereto.

Article 34.　In case the governor of To, Do, Fu or prefecture deems it necessary to do so for fisheries adjustment or other public interests, he may, in the grant of fishery rights, put a restriction or condition to the fishery right.

2　In case any restriction or condition as mentioned in the preceding paragraph is intended, the governor of To, Do, Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

3　In case the Sea-Area Fisheries Adjustment Commission, deeming it necessary to do so for fisheries adjustment or other public interests, has filed an application therefor after the grant, the governor of To, Do, Fu or prefecture may put the restriction or condition to the fishery right.

4　The Sea-Area Fisheries Adjustment Commission must, in case it intends to file the application under the preceding paragraph, notify the owner of the fishery right concerned of the reason why the restriction or condition to the owner of the fishery right concerned is put, in advance, through document and give the opportunity to the owner of the fishery right concerned or the proxy to explain at the public hearing as well as to produce favorable evidence.

Article 35.　In case any fishery right owner intends to suspend his fisheries over one fishing term, the must, upon dctermining the term of his suspension, notice in advance the governor of To, Do, Fu or prefecture thereof.

Article 36.　Any person eligible as prescribed in Article 14 paragraph 1 may, in the term of suspension as mentioned in the preceding Article, operate the fisheries constituting that fishery right, upon obtaining licence from the governor of To, Do, Fu or prefecture, regardless of the provision of Article 9.

2　In case of the application for licence as mentioned in the preceding paragraph being filed, the governor of To, Do. Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

9　The governor of To, Do, Fn or prefecture may order the person who has obtained the licence as mentioned in paragraph 1 to bear the whole or part of the right fee for that fishery right.

4　The provisions of Article 13 paragraph 1 item (4), paragraph 5 (Cases of No Fishery Right Being Granted), Article 34 (Restriction or Condition to Fishery Right), Article 35 (Notice of Suspension), Article 37, Article 38 paragraphs 1, 2 and 5, Article 39 (Annulment of Fishery Right) and Article 40 (Annulment of Grant Issued by Mistake) shall apply mutatis mutandis to the licence as mentioned in paragraph 1. In this case, "Article 14" in Article 38 paragraph 1 shall read "Article 14 paragraph 1."

5　The provisions of the preceding four paragraphs shall apply mutatis mutandis to the cases where any other person intends to operate that fishery in the period of suspension of exercise of the fishery right under the disposition as prescribed in Article 39 paragraph 2.

Article 37.　In case any fishery has been suspended for one year from the day of its grant effected or for two consecutive years, the governor of To, Do, Fu or prefecture may annul that fishery right.

2　Except for those cases for which the fishery right owner is responsible, the term in which the exercise of fishery right has been suspended under the disposition taken in accordance with the provision of Article 39 paragraph 1, the Ordinance issued under the provision of Article 65 paragraph 1, the instructions given under the provision of Article 67 paragraph 1 or the Ordinance issued under the provision of paragraph 7 of the same Article shall not be included in the term as mentioned in the preceding paragraph.

3　In case the governor of To, Do, Fu or prefecture intends to annul the fishery right in accordance with the provision of paragraph 1, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

Article 38.　In case any fishery right owner who has been granted a fishery right has ceased to be eligible as prescribed in Article 14, the governor of To, Do, Fu or prefecture must annul that fishery right.

2　In case the governor of To, Do, Fu or prefecture intends to annul the fishery right in accordance with the provision of the preceding paragraph, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

3　In case where any person other than the fishery right owner substantially dominates the management of fisheries constituting that fishery right and when the Sea-Area Fisheries Adjustment Commission files an application for annulment of that fishery right concluding that thegovernor of To, Do, Fu or prefecture will not unquestionably give such grant to him in ac cordance with the provisions of Articles 15 to 20 inclusive (Order of Priority), the governor of To, Do, Fu or prefecture may annul the same.

4　With respect to the application of the provision of the preceding paragraph, in the case where the Fishermen's Co-operative Association who is the fishery night owner operates fishery which is the contents of the fishery right concerned, receiving the investment of others, and where the amount of investment concerned is more than one-half of the total sum of investment it shall not be regarded that the others dominate substantially the management of the fishery concerned.

5　In case of paragraph 2 and paragraph 3, the provision of Article 34 paragraph 4 (Hearing) shall apply mutatis mutandis.

Article 39.　In case it is deemed necessary to do so for fisheries adjustment, navigation, anchorage or mooring of ships laying of submarine cables or for other public interests, the governor of To, Do, Fu or prefecture may alter or annul any fishery right, or suspend the exercise thereof.

2　The provision of the preceding paragraph shall also apply to the case where any fishery right owner has violated laws and orders concerning fishery.

3　In case any disposition as mentioned in the preceding two paragraphs is intended to be taken, the governor of To, Do, Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

4　In case of the preceding paragraph, the provision of Article 34 paragraph 4 (Hearing) shall apply mutatis mutandis.

5　The Government must compensate for the loss caused by the alteration, annulment or suspension of exercise of fishery right in accordance with the provision of paragraph 1 to the fishery right owner concerned.

6　The loss to be compensated for in accordance with the provision of the preceding paragraph shall be the loss ordinarily caused by the disposition under the same paragraph.

7　The amount of compensation money under paragraph 5 shall be decided by the governor of To, Do, Fu or prefecture after hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor and obtaining the approval of the competent Minister.

8　Any one who is dissatisfied with the amount of the compensation money mentioned in the preceding paragraph may demand the increase thereof by a legal action within ninety days from the day of receipt of the notification of the decision.

9　With regard to the legal action mentioned in the preceding paragraph, the defendant shall be the State.

10　In the case where the preferential right or mortgage has been created upon the fishery right annulled in accordance with the provision of paragraph 1, the Government must, except for the case where the proposal, to the effect that the deposit is not needed, is filed from the preferential right owner or mortgagee, deposit the compensation money.

11　The preferential right owner or mortgagee mentioned in the preceding paragraph may exercise his right to the compensation money deposited in accordance with the provision of the same paragraph.

12　In case there is any one who receives profit by the alteration, annulment or suspension of exercise of the fishery right in accordance with the provision of paragraph 1, the governor of To, Do, Fu or prefecture may make the same person bear the whole or a part of the compensation money mentioned in paragraph 5.

13　In case of the preceding paragraph, the provisions of paragraph 8, paragraph 9, Article 34 paragraphs 2 and 4 (Restriction or Condition to Fishery Right) and Articles 77 to 81 inclusive (Collection of Right Fee or Licence Fee) shall apply mutatis mutandis. In this case, in paragraph 8, "increase" shall read "decrease" .

Article 40.　In case the governor of To, Do, Fu or prefecture intends to annul any fishery grant issued by mistake, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.

Article 41.　In case any fishey right has been annulled, the governor of To, Do, Fu or prefecture must immediately give notice thereof to the preferential right owner or the mortgagee.

2　The right owner as mentioned in the preceding paragraph may file an application for sale by auction of that fishery right within thirty days from the day of receipt of the notice. However, this shall not apply to the case of the annulment in accordance with the provision of Article 39 paragraph 1 or the annulment of grant issued by mistake.

3　The fishery right shall be deemed to still continue to exist within the extent of the object of that auction in the period of time as mentioned in the preceding paragraph or until the day when the preceeding for the auction is completed.

4　The proceeds of the auction shall be appropriated to the expenses of the auction and the compensation for the liabilities to the right owner as mentioned in paragraph 1, and the remainder thereof shall be reverted to the National Treasury.

5　In case the rule for knock-down of auction has been determined, the annulment of that fishery right shall be deemed not to have been effective.

Article 42.　In case any fishery right owner having greatly improved the value of his fishery right by setting up structures fixed to his fishing grounds happens to get his fishery right annulled, he may request the person who has obtained the fishery grant which assures him profits by the use of such structures to purchase them at the current value.

Article 43.　A common-of-piscary right shall be demeed to be a real right.

2　No common-of-piscary right shall be the object of any right except for the cases of becoming the object of inheritance and transfer.

3　No common-of-piscary right shall be transferred unless the consent of the fishery right owner is obtained therefor.

Article 44.　With regard to any common-of-piscary right, the following particulars shall be clarified in writing:

Article 45.　If, in case of a creation of common-of-piscary right being requested, the fishery right owner improperly refuses such creation, or if, in case of the contents of common-of-piscary right being deemed unjust and unfair and an alteration or lapse thereof being requested, the other party improperly refuses such alteration or lapse, the person who has been refused such creation, alteration or lapse of common-of-piscary right, may file an application for ruling for creation, alteration or lapse of that common-of-piscary right with the Sea-Area Fisheries Adjustment Commission.

2　In case the application for ruling as prescribed in the preceding paragraph has been filed, the Sea-Area Fisheries Adjustment Commission must give notice thereof to the other party and at the same time give public notice thereof as prescribed by Ordinance.

3　The other party of the application for ruling as prescribed in paragraph 1 may, within two weeks from the day of the public notice as mentioned. in the preceding paragraph, submit his opinion thereupon in writing to the Sea-Area Fisheries Adjustment Commission.

4　The Sea-Area Fisheries Adjustment Commission must commence deliberation thereupon after the period as mentioned in the preceding paragraph has elapsed.

5　No ruling shall exceed the extent of such application.

6　In making a ruling, the following matters must be determined:

7　In case the Sea-Area Fisheries Adjustment Commission has made a ruling, it must without delay give notice thereof to the other party of the application for that ruling and at the same time give public notice thereof as prescribed by Ordinance.

8　In case the public notice as mentioned in the preceding paragraph has been given, the agreement shall, as fixed by the ruling, be deemed to have been concluded at that time between the persons concerned.

Article 46.　Any common-of-piscary right whose term of existence is not otherwise prescribed shall be deemed to continue to exist as long as the term of the fishery right on which the common-of-piscary right is established continues. However, the owner of such common-of-piscary right may abandon the right at any time.

Article 47.　The provisions of Articles 32 and 33 (Co-Ownership of Fishery Right) shall apply mutatis mutandis to the case pf co-ownership of common-of-piscary right.

Article 48.　In case any common-of-piscary right owner has neglected to pay charge for his common-of-piscary, the fishery right owner may refuse that common-of-piscary.

2　In case any common-of-piscary right owner has neglected to pay charge for common-of-piscary for not less than two consecutive years, or has been subject to an adjudication of bankruptcy, the fishery right owner may request the lapse of that common-of-piscary right.

Article 49.　Any charge for common-of-piscary need not be paid in case where such common-of-piscary has not been operated.

Article 50.　Any creation, preservation, removal, alteration, lapse and restriction on disposition of a fishery right, the preferential right and the mortgage which are established upon such fishery right and a common-of-piscary right, and any suspension of exercise of a fishery right and release therefrom as prescribed in Article 39 paragraph 1 or 2 shall be entered in the Right Fishery Register (Menkyo Gyogyo Gembo).

2　The entry made as mentioned in the preceding paragraph shall be substituted for the registration thereof.

3　Provisions necessary for the entry, other than those prescribed in the preceding two paragraphs, shall be provided for by Ordinance.

Article 51.　In case the territorial jurisdiction of the Law-Court is to be determined according to the locality in which the immovables are situated, the city, town or village to which the coast nearest to the fishing ground belongs shall be deemed to be the locality of such immovables.

Article 52.　Whaling of large type, otter trawler fisheries west of 130属E., medium trawler fisheries west of 130属E. or deep-sea tuna and bonito fisheries (hereinafter generally referred to as "the designated deep-sea fisheries" ) shall not be operated unless the licence from the competent Minister for each vessel be obtained.

2　"Whaling of large type" shall mean a whaling operated by means of a harpon gun on board a powered ship equipped with a screw propeller for the purpose of taking baleen whale and sperm whale except for mink whale; "otter trawler fisheries west of 130属E." shall mean trawler fisheries (meaning those operated by means of otter trawl or beam trawl on board a powered ship equipped with a screw propeller) operated in the waters west of 130属E., north of 25属N.(excluding the Japan Sea north of 36属N.); "Medium trawler fisheries west of 130属E." shall mean fisheries operated on board a powered ship of 50 gross tons or more equipped with a screw propeller by means of bottom drag nets in the waters west of 130属E., north of 25属N.(excluding the Japan Sea North of 36属N.) except for otter trawler fisheries and those fisheries designated by the competent Minister;and "deep-sea tuna and bonito fisheries" shall mean fisheries operated on board a powered ship of 100 gross tons or more equipped with a screw propeller by means of fish hooks or floating long lines for the purpose of taking tuna, bonito, swordfish or shark. However, any factory fisheries (meaning fisheries operated by a mother ship equipped with manufacturing, storing and other treating facilities on board or by its subordinate ships) shall be excluded therefrom.

Article 53.　The competent Minister must determine the fixed number of ships which are to be permitted to operate the designated deep-sea fisheries by their categories.

2　With regard to the fixed number of ships as mentioned in the proceding paragraph, the competent Minister must determine it upon hearing the opinion of the Central Fisheries Adjustment Council therefor and giving circumspective consideration to the quantity of aquatic resources, the number of persons who are operating such fisheries or intend to operate them in the areas and other natural, social and economical conditions. The same shall apply to the case of any alteration thereof.

8　In case the competent Minister has determined or altered the fixed number of ships as mentioned in paragraph 1, he shall give public notice thereof.

Article 54.　Any person who intends to obtain licence for the designated deep-sea fisheries and does not currently have any right of using a ship must, before he proceeds to have any ship constructed, transferred, leased or returned or otherwise acquires any right to use a ship, obtain in advance the authorization of the competent Minister for commencing operation by each vessel.

Article 55.　If, in cases where any person who has obtained the authorization for commencing operation files an application for licence for the designated deep-sea fisheries according to that authorization, the particulars of the application are the same with those of the authorization, the competent Minister must, except for the cases where they come under any of the items of Article 56, give licence therefor.

2　In case no application for licence for the designated deep-sea fisheries is filed by the person authorized for commencing operation within the period of time as specified by the competent Minister from the day of its authorization, the said authorization shall lose its effect at the time of expiration of the term.

Article 56.　In case an application comes under any of the following items, no licence for the designated deep-sea fisheries or no authorization for commencing operation thereof must be given by the competent Minister:

2　The competent Minister must, in case where he does not give the licence or authorization in accordance with the provision of the preceding paragraph, in advance notify through document the applicant concerned of the reason and give the opportunity for the applicant concerned or the proxy to explain at the public hearing as well as to produce favorable evidence.

Article 57.　Any person eligible for the licence for the designated deep-sea fisheries or authorization for commencing operation thereof shall be a person not coming under any of the following items:

2　The competent Minister must, in case where he intends to decide the condition mentioned in item (3) of the preceding paragraph, hear the opinion of the Central Fisheries Adjustment Council.

Article 58.　The competent Minister must, in a circumspective consideration of the number of licences as prescribed in Article 53 paragraph 1 and the number of the current licences for the designated deep-sea fisheries or authorizations for commencing operation thereof as well as the present situations of such fisheries, determine the number of licences or authorizations for commencing operation to be newly given (excluding the licences as prescribed in Article 55 paragraph 1 and the licences or authorizations for commencing operation as prescribed in Article 59) and give public notice thereof and of the period of time in which an applicant may apply for the licence or authorization for commencing operation every year.

2　The period of time for the application as mentioned in the preceding paragraph must not be less than six months.

3　The competent Minister must, except for the cases where they come under any of the items of Article 56, give licence or authorization for commencing operation to any person who applies for them within the period of time as mentioned in paragraph 1.

4　In case the number of the licences or authorizations for commencing operation which must be given as prescribed in the preceding paragraph surpasses the number as prescribed in paragraph 1, the competent Minister shall divide the persons to be given licences or authorizations for commencing operation into two or more units of lottery, allocate the number of the licences or authorizations for commencing operation to them according to their units and cause them to draw lots and then determine the persons to be given licences or authorizations for commencing operation. However, in case the competent Minister deems it unnecessary to divide them into two or more units of lottery, he may conduct drawing lots without dividing them.

5　In determining the units of lottery and the licences or authorizations for commencing operation to be allocated to each unit as mentioned in the preceding paragraph, the following matters must be taken into consideration:

Article 59.　If, in cases where the application comes under any of the following items, except for the cases as coming under any of the items of Article 56, its particulars are the same with those of the former licence or authorization for commencing operation, the competent Minister must give licence for the designated deep-sea fisheries or authorization for commencing operation thereof:

Article 60.　The term of licence for the designated deep-sea fisheries shall be five years. However, in the case where the licence was given in accordance with the provision of item (4) or (6) of the preceding Article, it shall be the remaining term of the former licence.

2　The competent Minister may determine a shorter term than as mentioned in the preceding paragraph within the limit as may be necessary for the purpose of fisheries adjustment.

Article 61.　In case any person who has obtained a licence for the designated deep-sea fisheries or authorization for commencing operation thereof intends to increase the gross tonnage of the ship or the horse power of its engine, or alter the landing place of fish catch, the operation area or other matters as prescribed by Ordinance, he must file an application for permission with the competent Minister.

Article 62.　Any licence for the designated deep-sea fisheries or authorization for commencing operation thereof shall lose its effect by the decease or dissolution of the person who has been given such licence or authorization. However, in case any inheritor, any juridical person existing after the amalgamation or apy juridical person established by the amalgamation has filed an application for licence for the designated deep-sea fisheries or authorization for commencing operation thereof in accordance with the provisions of Article 59 items (4) to (6) inclusive, the licence or authorization for commencing operation given to the deceased or the juridical person dessolved by the amalgamation shall be deemed to have been given to the applicant until the licence or authorization for commencing operation or rejection of application is effected.

2　Any licence for the designated deep-sea fisheries shall lose its effect in any of the following cases:

Article 63.　With regard to any licence for the designated deep-sea fisheries or authorization for commencing operation thereof, the provisions of Article 34 paragraphs 1 and 4 (Restriction or Condition to Fishery Right), Article 35 (Notice of Suspension), Article 37 paragraphs 1, 2 and 4, Article 38 paragraphs 1 and 5, Article 39 paragraphs 1, 2 and 4 to 13 inclusive (Annulment of Fishery Right) shall apply mutatis mutandis. In this case, "governor of To, Do, Fu or prefecture" shall read "competent Minster," and in Article 34 paragraph 1, "deems it necessary to do so for fisheries adjustment or other public interests, he may, in the grant of fishery rights," shall read "deems it necessary to do so for public interests he may," and in paragraph 4 of the same Article (including the cases where it applies mutatis mutandis in Article 37 paragraph 4, Article 38 paragraph 5, Article 39 paragraphs 4 and 13), "The Sea-Area Fisheries Adjustment Commission must, in case where it intends to file the application under the preceding paragraph," shall read "The competent Minister must, in case he intends to effect the disposition mentioned in paragraph 1," and in Article 38 paragraph 1, "Article 14" shall read "Article 57," and in Article 39 paragraph 7, "the governor of To, Do, Fu or prefecture after hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor and obtaining the approval of the competent Minister" shall read "the competent Minister," and in paragraph 13 of the same Article, "Article 34 paragraphs 2 and 4" shall read "Article 34 paragraph 4."

Article 64.　In case the actual number of licences for the designated deep-sea fisheries concerned or authorizations for commencing operation thereof surpasses the fixed number because of deduction of the fixed number as mentioned in Article 53 paragraph 1, the competent Minister must annul licences or authorizations for commencing operation as many as they surpass the fixed number.

2　In case the competent Minister intends to annul licences or authorizations in accordance with the provision of the preceding paragraph, he must take into his consideration the following matters:

3　In the case of paragraph 1, the provisions of Article 34 paragraph 4 (Hearing) and Article 39 paragraphs 5 to 11 inclusive (Compensation of Loss) shall apply mutatis mutandis. In this case, in Article 34 paragraph 4, "The Sea-Area Fisheries Adjustment Commission must, in case where it intends to file the application under the preceding paragraph," shall read "The competent Minister must, in case he intends to annul licences or authorizations in accordance with the provision of Article 64 paragraph 1," and in Article 39 paragraph 7, "the governor of To, Do, Fu or prefecture after hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor and obtaining the approval of the competent Minister" shall read "the competent Minister" .

Article 65.　The competent Minister or the governor of To, Do, Fu or prefecture may, for the purpose of propagation and protection of acquatic animals and plants, fisheries supervision or other fisheries adjustment, issue necessary Ministerial Ordinances or regulations concerning the following items:

2　Necessary penal provisions may be stipulated in the Ministerial Ordinances or regulations as prescribed in the preceding paragraph.

3　The penalties which may be stipulated in the penal provisions as mentioned in the preceding paragraph shall be, in case of the Ministerial Ordinances, penal servitude for a period not exceeding two years, a fine not exceeding fifty thousand yen, detention or minor fine, and in case of the regulations, penal servitude for a period not exceeding six months, a fine not exceeding ten thousand yen, detention or minor fine.

4　In the Ministerial Ordinances or regulations as prescribed in paragraph 1, provisions may be stipulated concerning confiscation of the fish catch, products therefrom, fishing vessels and fishing gears as owned or possessed by the offender and the aquatic animals and plants as mentioned in item (7) of the same paragraph, as well as concerning penalties equal to the value in case where no confiscation of the whole or part of these Articles owned by the offender is practicable.

5　The competent Minister must, in case he intends to issue the Ministerial Ordinances mentioned in paragraph 1, hear the opinion of the Central Fisheries Adjustment Council.

6　In case the governor of To, Do, Fu or prefecture intends to provide for the regulations as mentioned in paragraph 1, he must obtain the approval of the competent Minister therefor.

7　In case the governor of To, Do, Fu or prefecture intends to stipulate the regulations as mentioned in paragraph 1, he must hear the opinion of the United Sea-Area Fisheries Adjustment Commission (with regard to the inland waters as prescribed in Article 127, the Inland Waters Fishing Ground Administration Commission) composed of the commissioners of the Sea-Area Fisheries Adjustment Commissions set up within the sea-area of To, Do, Fu or prefecture concerned.

Article 66.　No fisheries as specified in Article 6 paragraph 5, items (2) to (4) inclusive shall be operated unless the permission of the governor of To, Do, Fu or prefecture is obtained. However, this shall not apply in cases where such fisheries are constituting any common fishery right or where the governor of To, Do, Fu or prefecture determines otherwise.

2　In case the application as mentioned in the preceding paragraph has been filed, the governor of To, Do, Fu or prefecture must hear the opinion of the Sea-Area Fisheries Adjustment Comission therefor.

Article 67.　In case Sea-Area Fisheries Adjustment Commission or United Sea-Area Fisheries Adjustment Commission deems it necessary to do so for the purpose of propagation and protection of aquatic animals and plants, suitable exercise of fishery rights or common-of-piscary rights, prevention or settlement of disputes as may occur in the use of the fishing grounds and for other matters relating to fisheries adjustment, it may give the persons concerned instructions necessary for prohibition or restriction on gathering or taking aquatic animals and plants, restriction on the number of fisheries operators and on the use of fishing grounds and other matters.

2　In case the instructions of the Sea-Area Fisheries Adjustment Commission as prescribed in the preceding paragraph conflict with those of the United Sea-Area Fisheries Adjustment Commission as prescibed in the same paragraph, the said instructions shall not have validity within the scope of such conflict.

3　In the case as mentioned in paragraph 1, if the governor of To, Do, Fu or prefecture (the competent Minister, in the case of the instructions given by the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission;hereinafter the same in this Article) deems such instructions inappropriate, he may annul them in part or whole.

4　In case any person does not, upon receiving the instructions as mentioned in paragraph 1, follow them, the Sea-Area Fisheries Adjustment Commission or United Sea-Area Fisheries Adjustment Commission may file an application with the governor of To, Do, Fu or prefecture for issuance of orders to such person to the effect that he should act upon the instructions.

5　In case the governor of To, Do, Fu or prefecture has received the application as mentioned in the preceding paragraph, he must notify the person involved in the application to apply for a complaint, if any, within a fixed period of time.

6　The period of time as mentioned in the preceding paragraph shall not be less than fifteen days.

7　In the case as mentioned in paragraph 5, if no complaint is applied for within the period of time as mentioned in the same paragraph or if any complaint is applied for without due reason, the governor of To, Do, Fu or prefecture may order the person involved in the application as mentioned in paragraph 4 to act to upon the instructions as mentioned in paragraph 1.

Article 68.　No aquatic animals and plants must be taken or gathered by means of any explosive substance. However, this shall not apply in cases of taking marine animals.

Article 69.　No acquatic animals and plants must be taken or gathered by means of any poisonous materials that will tend to kill or stupefy them.

Article 70.　No aquatic animals and plants as taken or gathered in violation of the provisions of the preceding two Articles shall be possessed or sold.

Article 71.　In ease it is deemed that the passage of anadromous fish is likely to be obstructed thereby, the competent Minister may restrict or prohibit the establishment of any structure within a fixed area of waters.

2　In case any structure is deemed obstructive to the passage of anadramous fish, the competent Minister may order the owner or occupant thereof to effect work for the elimination of such obstacles.

3　In case the competent Minister has ordered to effect work for the elimination of such obstacles in accordance with provision of the preceding paragraph, he must make a reasonable compensation therefor to the person who has a right to that structure. However, in case the work for elimination of such obstacles has been ordered to be effected by the application of the person interested therein, the applicant must make the compensation as determined by the competent Minister.

4　In case any person is not satisfied with the amount of compensation as mentioned in the preceding paragraph, he may claim increase or decrease of that amount by a legal action within ninety days from the day of receiving the notice of decided amount of compensation.

5　In case of the legal action as mentioned in the preceding paragraph, the State shall be the defendant. However, in the case as mentioned in the proviso to paragraph 3, the applicant or the person who has a right to the structure shall be the defendant.