(Definition of Fishery Right)
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:
(1) Fishery operated over twenty seven meters deep at the highest tide at the deepest point of the place where the main net is fixed;
(2) Fishery operated to take chiefly herring, sardine, salmon of trout (excluding land-locked form trout) in Hokkaido.
4 "Demarcated fishery" shall mean a fishery whose contents are specified as follows:
(1) Type 1 demarcated fishery:Culture industry operated by submerging stones, tiles, bamboos, trees and others in specified areas;
(2) Type 2 demarcated fishery: Culture industry operated in specified areas surrounded by barriers ol soil, stones, bamboos, trees and others;
(3) Type 3 demarcated fishery: Culture industry operated in specified areas other than those listed in the preceding two items.
5 "Common fishery" shall mean a fishery which is operated by common use of specified waters and whose contents are specified as follows:
(1) Type 1 common fishery: Fishery operated to gather or take algae, shellfishes or the stationary aquatic animals as designated by the competent Minister;
(2) Type 2 common fishery: Fishery which is operated by submerging net gears (including "Eriyana" groups) not to be moved and which is other than fixed-net fishery;
(3) Type 3 common fishery: "Jibikiami" fishery, "Jikogiami" fishery, "Funabikiami" fishery, "Kaitsuke" fishery, "Shiirazuke" fishery or "Tsukiiso" fishery;
(4) Type 4 common fishery: "Yoriuo" fishery or "Toritsukikogizuri" fishery;
(5) Type 5 common fishery: Fishery which is operated in inland waters (excluding lakes designated by the competent Minister;hereinafter the same down to Article 25) or in the waters of likely lakes as designated by the competent Minister and which is other than those specified in the preceding four items.
(Definition of Common-of-Piscary Right)
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.
(Right of Operating Fisheries)
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.
(Prohibition of Operating Fixed-Net Fishery, etc. Not Based on Fishery Right)
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.
(Grant to Fishery 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.
(Previous Determination of Contents of Grant, etc.)
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.
(Hearing Opinion of Sea-Ares Fisheries Adjustment Commission)
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.
(Cases of No Fishery Right Being Granted)
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:
(1) In case where the applicant has no eligibility prescribed in Article 14;
(2) In case where an application whose contents are different from the particulars of the grant for fishery given in the public notice in accordance with the provision of Article 11 paragraph 4 is made;
(3) In case where there exists any fear of excessive concentration of fishery rights of the same type with those applied for;
(4) In case where it is deemed necessary for fisheries adjustment or other public interests;
(5) In case where an application for the grant is made for the site of the fishing ground owned by any person other than the applicant or waters occupied thereby and the owner or occupant thereof does not give his consent therefor.
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.
(Eligibility for the Grant)
Article 14. Any person eligible for fixed-net fishery right or demarcated fishery right shall not come under any of the following items:
(1) Any person who has been decided to be especially wanting in spirit in the observance of laws and orders concerning labor or fishery or impede democratization of fishing villages by two-thirds or more of the whole commissioners as a result of voting at a meeting of commissioners of the Sea-Area Fisheries Adjustment Commission;
(2) Any person who has been decided by two-thirds or more of the whole commissioners as a result of voting at a meeting of commissioners of the Sea-Area Fisheries Adjustment Commission that there exists any fear that the management of that fishery applied for should be substantially dominated, whatever the name may be, by a person ineligible for a right because of falling under the provision of the preceding item.
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.
(1) Any Fishermen's Co-operative Association in which the number of the households of its members (in case of any Federation of Fishermen's Co-operative Associations, members of the Fishermen's Co-operative Associations, which constitute the associateship of that Federation;hereinafter the same) residing in the Local District and who operate the fishery applied for (in case of any fish culture industry in inland waters or shellfish culture industry which belongs to Type 3 demarcated fishery, including fisheries employees in such fisheries or those engaging in taking aquatic animals which are the objective of such fisheries;hereinafter the same) gathering or in not less than two-thirds of the total households of such fisheries operators residing in that Local District;
(2) In case of a joint application of two or more Co-operative Associations, any of the Fishermen's Co-operative Associations in which the whole number of the households of its members residing in the Local District and who operate the fishery applied for is not less than two-thirds of the total households of such fisheries operators residing in that Local District.
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:
(1) Any Co-operative Association in which the number of the households of its members residing in the area concerned and who operate coastal fisheries (excluding the fisheries as specified in Article 75 paragraph 3 and the fisheries in inland waters as prescribed in Article 127;hereinafter the same for not less than thirty days in a year (with regard to the grant of the common fishery in the inland waters prescribed in Article 127 other than rivers, those who operate fisheries in the inland waters concerned, and with regard to the grant of the common fishery in rivers, those who gather, take or culture aquatic animals and plants in the rivers concerned excluding any sport fisherman;hereinafter the same) is not less than two-thirds of the households of those who operate coastal fisheries for not less than thirty days in a year and are residing in that area concerned;
(2) In case of a joint application of two or more Fishermen's Co-operative Associations, any of the Fishermen's Co-operative Associations in which the whole number of the households of its members residing in the area concerned and who operate coastal fisheries for not less than thirty clays during a year is not less than two-thirds of the households of those who operate coastal fisheries for not less than thirty days in a year and are residing in that area concerned.
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.
(Order of Priority)
Article 15. Any fishery right shall be granted according to the order of priority.
(Priority in Grant of Fixed-Net Fishery)
Article 16. Priority in the grant of any fixed-net fishery shall be as follows:
(1) Fisheries operator or fisheries employee;
(2) Other person than that as mentioned in the preceding item.
2 Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:
(1) Applicant with experience in fisheries of the same type with that applied for;
(2) Applicant with experience in coastal fisheries other than those as mentioned in the preceding item;
(3) Applicant other than those as mentioned in the preceding two items.
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:
(1) Applicant with experience in fisheries in the sea area as prescribed in Article 84 paragraph 1, in which the fishing ground of that fishery applied for is located (hereinafter referred to as "that sea area" );
(2) Other applicant than that as mentioned in the preceding item.
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:
(1) The labor condition thereof;
(2) The degree of employment of fishermen residing within the Local District, especially of the fishermen whose former livelihood is deprived by the operation of that fishery;
(3) The degree of participation in the management of that fishery by fishermen residing within the Local District;
(4) The degree of experience in that fishery, and financial or other management capabilities;
(5) The degree of their economical dependency upon that fishery;
(6) Evidence of co-operation with other fisheries operated in the waters in which the fishing ground of that fishery is located, and other considerations relating to the overall exploitation of such waters.
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:
(1) Applicants whose principal object is to operate fisheries;
(2) Those whose majority constituent members have experience in fisheries of the same type with that fishery applied for in that sea area, or are deprived of their former livelihood in case that fishery is granted to any other person;
(3) Two-thirds or more of the constituent members usually engage in the business transacted thereby;
(4) Two-thirds or more of the persons usually engaging in that fishery are constituent members thereof;
(5) The majority of investments is held by the constituent members usually engaging in the business transacted thereby;
(6) The investment of one constituent member does not exceed two times the average investments of all the constituent members and at the same time the maximum limit of holding investments is specified;
(7) Each constituent member has one vote.
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:
(1) The number of the households of the constituent members (in case two or more juridical persons have jointly applied, the whole members of them) is more than seventy per cent of the number of the households of fishermen residing in the Local District;
(2) Two-thirds or more of persons usually engaging in that fishery are constituent members thereof or persons living in the same houses with the constituent members;
(3) Each constitutent member has one vote.
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:
(1) The number of households to which the constituent members belong surpasses seventy per cent of the total number of households within that area;
(2) The number of households of the fishermen's constituent members surpasses eighty per cent of the whole of the fishermen's households residing within, that area and at the same time surpasses seventy per cent of the total households to which the constituent members belong;
(3) Not less than two-thirds of the fishermen usually engaging in that fishery are the constituent members thereof or persons living in the same houses with such members;
(4) Each constituent member has one vote.
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.
(Priority in Grant of Demarcated Fishery)
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:
(1) Fisheries operator or fisheries employee;
(2) Other person than mentioned in the preceding item.
2 Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:
(2) Other person than mentioned in the preceding item.
3 Priority among two or more applicants with the same priority as prescribed in the preceding two paragraphs shall be as follows:
(1) Applicant residing in the Local District;
(2) Other person than mentioned in the preceding item.
4 Priority among two or more applicants with the same priority as prescribed in the preceding three paragraphs shall be as follows:
(1) Applicant with experience in fisheries of the same type with that applied for;
(2) Applicant with experience in coastal fisheries other than those as mentioned in the preceding item;
(3) Other person than mentioned in the preceding two items.
5 Priority among two or more applicants with the same priority as prescribed in the preceding four paragraphs shall be as follows:
(1) Applicant with experience in fisheries in that sea area;
(2) Other person than mentioned in the preceding item.
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:
(1) The degree of dependency of their livelihood upon that fishery;
(2) The labor condition thereof;
(3) The degree of employment of fishermen residing within the Local District;
(4) The degree of participation in the management of that fishery by fishermen residing within the Local District;
(5) The degree of experience in that fishery, and financial or other management capabilities;
(6) Evidence of co-operation with other fisheries operated in the waters in which the fishing ground of that fishery is located, and other considerations relating to the overall exploitation of such waters.
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:
(1) Fisheries operator or fisheries employee;
(2) Other person than mentioned in the preceding item.
2 Priority among two or more applicants with the same priority as prescribed in the preceding paragraph shall be as follows:
(1) Applicant with experience in demarcated fishery which is constituted from pearl culture industry;
(2) Other person than mentioned in the preceding item.
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:
(1) Applicant residing in the Local District;
(2) Other person than mentioned in the preceding item.
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:
(1) The labor condition thereof;
(2) The degree of employment of fishermen residing within the Local District. In case of large scaled management, the degree of employment of such fishermen as would he deprived of their former livelihood by the operation of that fishery, in particular;
(3) The degree of experience in that fishery, and financing or other management capabilities. Especially the degree of progressive planning relating to that fishery;
(4) The degree of their economical dependency upon that fishery;
(5) Evidence of co-operation with other fisheries operated in the waters in which the fishing ground of that fishery is located, and other considerations relating to the overall exploitation of such waters.
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.
(Priority in Grant for Common Fishery)
Article 20. Priority in the grant for Type 1 common fishery shall be as follows:
(1) Applicant as eligible in accordance with the provision of Article 14 paragraph 6;
(2) Applicant as eligible in accordance with the provision of paragraph 9 of the same Article.
(Term of Existence of Fishery Rights)
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.
(Division or Alteration of Fishery Right)
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.
(Legal Character of Fishery Right)
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.
(Creation of Mortgage)
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.
(Cases of Lapse of Preferential Right or Mortgage by Dint of Transfer of Demarcated Fishery Right)
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.
(Restriction or Prohibition upon Removal of Fishery Rights)
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.
(Fixed-Net Fishery Right or Demarcated Fishery Right Acquired by Inheritance)
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.
(Rights and Obligations in Use of Waters)
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.
(Prohibition of Lease)
Article 30. No fishery right shall be the object of lease.
(Consent of Registered Fishery Right Owner)
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.
(Co-Ownership of Fishery Right)
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.
(Restriction or Condition to Fishery Right)
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.
(Notice of Suspension)
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.
(Fishery Licence in Term of Suspension)
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.
(Annulment of Fishery Right Because of Suspension)
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.
In the case of the preceding paragraph, the the provision of Article 34 paragraph 4 (Hearing) shall apply mutatis mutandis.
(Annulment of Fishery Right by Dint of Loss of Eligibility, etc.)
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.
(Alteration, Annulment or Suspension of Exercise of Fishery Right for Necessity of Public Interests)
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" .
(Annulment of Grant Issued by Mistake)
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.
(Protection of Mortgagee)
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.
(Purchase of Structures Fixed to Fishing Ground)
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.
(Legal Character of Common-of-Piscary Right)
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.
(Writing of Particulars of Common-of-Piscary Right)
Article 44. With regard to any common-of-piscary right, the following particulars shall be clarified in writing:
(1) The area of common-of-piscary;
(2) The types of fisheries, kinds of catches and fishing seasons of common-of-piscary;
(3) The prescribed term of existence thereof, if any;
(4) The prescribed charge for common-of-piscary, if any;
(5) The prescribed methods of fisheries, if any;
(6) The prescribed fishing boats, fishing gears and number of fisheries operators, if any;
(7) The prescribed qualifications of common-of-piscary operators, if any;
(8) Other particulars of common-of-piscary.
(Creation, Alteration and Lapse of Common-of-Piscary Right by Rulling)
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:
(1) In case of the application for ruling relative to the creation of common-of-piscary right, whether or not it is to be created;in case it is to be created, the contents and the time of creation thereof;
(2) In case of the application for ruling relative to the alteration of common-of-piscary right, whether or not it is to be altered;in case it is to be altered, the contents and the time of alteration thereof;
(3) In case of the application for ruling relative to the lapse of common-of-piscary right, whether or not it is to be lapsed;in case it is to be lapsed, the time of lapse thereof.
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.
(Term of Existence of Common-of-Piscary Right)
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.
(Co-Ownership of Common-of-Piscary Right)
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.
(Failing in Payment of Charge for Common-of Piscary, etc.)
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.
(Entry)
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.
(jurisdiction of Law-Court)
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.